S T A T E O F N E W Y O R K
________________________________________________________________________
7376--A
2017-2018 Regular Sessions
I N A S S E M B L Y
April 25, 2017
___________
Introduced by M. of A. SIMON, HARRIS, SEPULVEDA, TITONE, ORTIZ, WALKER,
D'URSO, GOTTFRIED, GALEF, PALUMBO, RIVERA -- Multi-Sponsored by -- M.
of A. BRONSON, CAHILL, COOK, JONES -- read once and referred to the
Committee on Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to providing for the
rights of students and responsibilities of schools participating in
free or reduced-price meal programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 908 to
read as follows:
§ 908. HUNGER FREE SCHOOLS. 1. FOR PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "MEAL APPLICATION" SHALL MEAN AN APPLICATION FOR FREE OR REDUCED-
PRICE MEALS PURSUANT TO THE NATIONAL SCHOOL LUNCH PROGRAM AND SCHOOL
BREAKFAST PROGRAM; AND
(B) "SCHOOL" SHALL MEAN ANY INSTITUTION WITHIN THE STATE THAT PROVIDES
PRIMARY OR SECONDARY EDUCATION.
2. (A) A SCHOOL SHALL PROVIDE:
(I) A FREE, PRINTED MEAL APPLICATION IN EVERY SCHOOL ENROLLMENT PACK-
ET, OR IF THE SCHOOL CHOOSES TO USE AN ELECTRONIC MEAL APPLICATION,
PROVIDE IN SCHOOL ENROLLMENT PACKETS AN EXPLANATION OF THE ELECTRONIC
MEAL APPLICATION PROCESS AND INSTRUCTIONS FOR HOW PARENTS OR GUARDIANS
MAY REQUEST A PAPER APPLICATION AT NO COST; AND
(II) MEAL APPLICATIONS AND INSTRUCTIONS IN A LANGUAGE THAT PARENTS AND
GUARDIANS UNDERSTAND. IF A PARENT OR GUARDIAN CANNOT READ OR UNDERSTAND
A MEAL APPLICATION, THE SCHOOL SHALL OFFER ASSISTANCE IN COMPLETING SUCH
APPLICATION.
(B) IF A SCHOOL BECOMES AWARE THAT A STUDENT WHO HAS NOT SUBMITTED A
MEAL APPLICATION IS ELIGIBLE FOR FREE OR REDUCED-PRICE MEALS, THE SCHOOL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11059-03-7
A. 7376--A 2
SHALL COMPLETE AND FILE AN APPLICATION FOR THE STUDENT UNDER THE AUTHOR-
ITY GRANTED BY TITLE 7, SECTION 245.6(D) OF THE CODE OF FEDERAL REGU-
LATIONS.
(C) PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION DO NOT APPLY TO A
SCHOOL THAT PROVIDES FREE MEALS TO ALL STUDENTS IN A YEAR IN WHICH THE
SCHOOL DOES NOT COLLECT MEAL APPLICATIONS FROM STUDENTS.
3. (A) REGARDLESS OF WHETHER OR NOT A STUDENT HAS MONEY TO PAY FOR A
MEAL OR OWES MONEY FOR EARLIER MEALS, A SCHOOL:
(I) SHALL PROVIDE A UNITED STATES DEPARTMENT OF AGRICULTURE REIMBURSA-
BLE MEAL TO A STUDENT WHO REQUESTS ONE, UNLESS THE STUDENT'S PARENT OR
GUARDIAN HAS SPECIFICALLY PROVIDED WRITTEN PERMISSION TO THE SCHOOL TO
WITHHOLD A MEAL; AND
(II) SHALL NOT THROW AWAY A MEAL AFTER IT HAS BEEN SERVED BECAUSE OF
THE STUDENT'S INABILITY TO PAY FOR THE MEAL OR BECAUSE MONEY IS OWED FOR
EARLIER MEALS.
(B) IF A STUDENT OWES MONEY FOR FIVE OR MORE MEALS, A SCHOOL SHALL:
(I) CHECK THE STATE LIST OF STUDENTS CATEGORICALLY ELIGIBLE FOR FREE
MEALS TO DETERMINE IF THE STUDENT IS CATEGORICALLY ELIGIBLE; AND
(II) CONTACT THE STUDENT'S PARENT AND GUARDIAN WITH WRITTEN AND ORAL
COMMUNICATIONS, NOT INCLUDING THE APPLICATION OR INSTRUCTIONS INCLUDED
IN A SCHOOL ENROLLMENT PACKET, TO ENCOURAGE MEAL APPLICATION SUBMISSION
AND OFFER ASSISTANCE IN COMPLETING THE APPLICATION.
4. A SCHOOL SHALL NOT:
(A) PUBLICLY IDENTIFY, SHAME, STIGMATIZE, OR TREAT DIFFERENTLY A
STUDENT WHO CANNOT PAY FOR A MEAL OR WHO OWES A MEAL DEBT;
(B) REQUIRE A STUDENT WHO CANNOT PAY FOR A MEAL OR WHO OWES A MEAL
DEBT TO DO CHORES OR OTHER WORK TO PAY FOR MEALS;
(C) DENY ANY STUDENT FROM PARTICIPATING IN AFTERSCHOOL PROGRAMS OR
OTHER EXTRACURRICULAR ACTIVITIES BECAUSE THE STUDENT CANNOT PAY FOR A
MEAL OR OWES A MEAL DEBT; AND
(D) TAKE DISCIPLINARY ACTION THAT DIRECTLY RESULTS IN DENYING OR
DELAYING A STUDENT THE SAME MEAL THAT IS AVAILABLE TO OTHER STUDENTS AND
SUBSTITUTING IT WITH AN ALTERNATE MEAL BECAUSE A STUDENT CANNOT PAY FOR
A MEAL OR OWES A MEAL DEBT.
5. A SCHOOL SHALL DIRECT COMMUNICATIONS ABOUT A STUDENT'S MEAL DEBT TO
A PARENT OR GUARDIAN AND NOT THE STUDENT. NOTHING IN THIS SECTION
PROHIBITS A SCHOOL FROM SENDING A STUDENT HOME WITH A LETTER ADDRESSED
TO A PARENT OR GUARDIAN PROVIDED THAT IT IS DONE IN A WAY THAT DOES NOT
STIGMATIZE THE STUDENT SUCH AS IN AN UNMARKED ENVELOPE.
6. A SCHOOL SHALL NOT REQUIRE A PARENT OR GUARDIAN TO PAY FEES OR
COSTS FROM COLLECTION AGENCIES HIRED TO COLLECT A MEAL DEBT.
§ 2. This act shall take effect immediately.