S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8203
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  NOLAN, COLTON, DICKENS, FAHY, GALEF, GJONAJ,
   JAFFEE, JENNE, OTIS, QUART, ROSENTHAL, ZEBROWSKI -- Multi-Sponsored by
   -- M. of A.   ABBATE, BRAUNSTEIN, CAHILL,  MOSLEY  --  read  once  and
   referred to the Committee on Education
 
 AN  ACT  to amend the education law, in relation to requiring schools to
   adopt a school meal policy regarding unpaid school meal fees
 
   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. SCHOOL MEAL POLICY. 1. A. THE BOARD OF EDUCATION, THE TRUSTEE,
 OR THE BOARD OF TRUSTEES OF EACH SCHOOL DISTRICT, BOARD  OF  COOPERATIVE
 EDUCATIONAL  SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARDS,
 CHARTER SCHOOL, AND NON-PUBLIC SCHOOL IN THIS STATE THAT PROVIDES A MEAL
 TO STUDENTS DURING THE SCHOOL DAY SHALL ADOPT AND IMPLEMENT A POLICY  TO
 ENSURE  THAT: (I) A STUDENT WHO IS ENROLLED IN THE NATIONAL SCHOOL LUNCH
 PROGRAM, SCHOOL BREAKFAST PROGRAM OR SPECIAL MILK PROGRAM IS NOT  SHAMED
 OR  TREATED  DIFFERENTLY  THAN  A  STUDENT  WHO  IS NOT ENROLLED IN SUCH
 PROGRAMS; AND (II) A STUDENT WHOSE PARENT OR GUARDIAN HAS UNPAID  SCHOOL
 MEAL  FEES  IS  NOT  SHAMED  OR TREATED DIFFERENTLY THAN A STUDENT WHOSE
 PARENT OR GUARDIAN DOES NOT  HAVE  UNPAID  SCHOOL  MEAL  FEES.  FOR  THE
 PURPOSES  OF THIS SECTION, DIFFERENT TREATMENT OR SHAMING SHALL INCLUDE,
 BUT NOT BE LIMITED TO, PUBLICLY NAMING OR LABELING A STUDENT, DENYING OR
 DELAYING A MEAL TO A STUDENT, OR REQUIRING A STUDENT TO DO CHORES FOR  A
 MEAL.
   B.  THE POLICY ADOPTED PURSUANT TO THIS SUBDIVISION SHALL: (I) EXPLAIN
 HOW SCHOOL PERSONNEL AND VOLUNTEERS WILL BE TRAINED TO ENSURE  THAT  THE
 POLICY IS IMPLEMENTED; (II) DESIGNATE A SCHOOL ADMINISTRATOR OR ADMINIS-
 TRATORS  RESPONSIBLE  FOR IMPLEMENTATION OF THE POLICY; AND (III) ESTAB-
 LISH PROCEDURES TO ADDRESS VIOLATIONS OF THE POLICY. VIOLATIONS  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11947-01-7
              

 A. 8203                             2
 
 POLICY  MAY  BE  APPEALED  TO THE COMMISSIONER PURSUANT TO THE RULES AND
 REGULATIONS OF THE DEPARTMENT.
   C.  THE  POLICY ADOPTED PURSUANT TO THIS SUBDIVISION SHALL BE INCORPO-
 RATED INTO ANY CONTRACT  WITH  A  FOOD  SERVICE  MANAGEMENT  COMPANY  TO
 PROVIDE MEALS TO STUDENTS IN A SCHOOL.
   D.  THE  POLICY  ADOPTED PURSUANT TO THIS SUBDIVISION SHALL BE ADOPTED
 WITH INPUT FROM SCHOOL PERSONNEL, PARENTS, STUDENTS AND ANY OTHER INTER-
 ESTED PARTIES.
   E. THIS SECTION SHALL NOT APPLY TO SCHOOL DISTRICTS OR  SCHOOLS  WHERE
 ALL  STUDENTS  ARE ELIGIBLE FOR A SCHOOL MEAL UNDER THE COMMUNITY ELIGI-
 BILITY PROVISION OF THE FEDERAL NATIONAL SCHOOL LUNCH ACT.
   2. A. THE BOARD OF EDUCATION, THE TRUSTEE, OR THE BOARD OF TRUSTEES OF
 EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,  COUNTY
 VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOL, AND NON-PUBL-
 IC  SCHOOL  IN  THIS  STATE  THAT PROVIDES A MEAL TO STUDENTS DURING THE
 SCHOOL DAY  BUT  DOES  NOT  PARTICIPATE  IN  THE  COMMUNITY  ELIGIBILITY
 PROVISION  OF  THE  FEDERAL  NATIONAL  SCHOOL LUNCH ACT SHALL DISTRIBUTE
 INFORMATION ABOUT SCHOOL MEAL PROGRAMS AVAILABLE TO STUDENTS. THE INFOR-
 MATION TO BE DISTRIBUTED SHALL INCLUDE, BUT NOT BE  LIMITED  TO:  (I)  A
 DESCRIPTION OF EACH SCHOOL MEAL PROGRAM; (II) PROGRAM ELIGIBILITY CRITE-
 RIA;  (III) THE COST OF A SCHOOL MEAL PROGRAM TO THE STUDENT'S PARENT OR
 GUARDIAN; (IV) HOW PAYMENTS MAY BE MADE AND HOW UNPAID MEAL FEES WILL BE
 COLLECTED; AND (V) ENROLLMENT FORMS  FOR  SCHOOL  MEAL  PROGRAMS  AND  A
 DESCRIPTION OF THE ENROLLMENT PROCESS, INCLUDING THE NAME OF A PERSON OR
 PERSONS  WHOM  A  PARENT  OR  GUARDIAN  MAY  CONSULT  ABOUT  SCHOOL MEAL
 PROGRAMS.
   B. THE INFORMATION REQUIRED TO BE DISTRIBUTED PURSUANT TO THIS  SUBDI-
 VISION  SHALL  BE  PROVIDED,  IN WRITING, TO ALL PARENTS OR GUARDIANS OF
 STUDENTS AND DISTRIBUTED IN SCHOOL ENROLLMENT PACKETS AND  PUBLISHED  ON
 THE SCHOOL OR SCHOOL DISTRICT WEBSITE.
   3.  A.  EACH  SCHOOL  OR  SCHOOL DISTRICT SHALL ESTABLISH A POLICY AND
 ADVISE PARENTS AND GUARDIANS IN WRITING AND  ON  THE  SCHOOL  OR  SCHOOL
 DISTRICT  WEBSITE  ABOUT:  (I)  METHODS BY WHICH PARENTS OR GUARDIANS OF
 STUDENTS MAY PAY SCHOOL MEAL FEES,  SUCH  AS  PREPAYMENT  AND  AUTOMATIC
 PAYMENTS  FOR  SCHOOL  MEALS AS WELL AS THE USE OF TECHNOLOGY TO IMPROVE
 TIMELY PAYMENTS OF SCHOOL MEAL FEES; AND (II) ACTIONS  THAT  THE  SCHOOL
 WILL TAKE TO COLLECT UNPAID SCHOOL MEAL FEES FROM PARENTS OR GUARDIANS.
   B.  A SCHOOL OR SCHOOL DISTRICT SHALL ONLY COMMUNICATE DIRECTLY WITH A
 PARENT OR GUARDIAN ABOUT PAYMENT OF SCHOOL MEAL FEES  OR  COLLECTION  OF
 UNPAID SCHOOL MEAL FEES AND SHALL NOT DIRECT ANY ACTION OR COMMUNICATION
 ABOUT SUCH FEES TO OR THROUGH A STUDENT.
   C.  IF  A PARENT OR GUARDIAN HAS ACCRUED UNPAID SCHOOL MEAL FEES EQUAL
 TO OR GREATER THAN THE VALUE  OF  FIVE  FULL-PRICED  MEALS  AND,  BEFORE
 COLLECTING  UNPAID  FEES, THE SCHOOL SHALL:  (I) EXHAUST ALL OPTIONS AND
 METHODS TO DIRECTLY CERTIFY THE STUDENT FOR FREE OR REDUCED-PRICE MEALS;
 AND (II) IN CASES WHERE THE SCHOOL CANNOT DIRECTLY CERTIFY THE  STUDENT,
 PROVIDE THE PARENT OR GUARDIAN WITH AN APPLICATION FOR ENROLLMENT OF THE
 STUDENT  IN  A SCHOOL MEAL PROGRAM AND CONTACT THE PARENT OR GUARDIAN OF
 THE STUDENT, IN WRITING, TO ENCOURAGE THEM TO APPLY FOR SUCH PROGRAM.
   4. EACH SCHOOL  OR  SCHOOL  DISTRICT  SHALL  ESTABLISH  PROCEDURES  TO
 COLLECT UNPAID SCHOOL MEAL FEES IN ACCORDANCE WITH THE INFORMATION ABOUT
 BEST PRACTICES ADOPTED BY THE COMMISSIONER AND INFORM PARENTS AND GUARD-
 IANS  OF  STUDENTS  ENROLLED  IN SCHOOL MEAL PROGRAMS, IN WRITING, ABOUT
 DEBT COLLECTION OF SCHOOL MEAL FEES AND ON THE SCHOOL OR SCHOOL DISTRICT
 WEBSITE.

 A. 8203                             3
 
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 41-a to read as follows:
   41-A.  THE  COMMISSIONER SHALL IDENTIFY AND EVALUATE METHODOLOGIES AND
 PRACTICES UTILIZED BY SCHOOLS AND  SCHOOL  DISTRICTS,  BOTH  WITHIN  THE
 STATE  AND  NATIONALLY,  AND DISSEMINATE DETAILED INFORMATION TO SCHOOLS
 AND SCHOOL DISTRICTS ABOUT BEST PRACTICES REGARDING SERVICE OF MEALS  TO
 STUDENTS  WITHOUT  FUNDS TO PAY THE SCHOOL MEAL FEES, METHODS OF PAYMENT
 THAT CAN IMPROVE TIMELY PAYMENT OF SCHOOL MEAL FEES, AND  COLLECTION  OF
 DEBT FOR UNPAID SCHOOL MEAL FEES. THE COMMISSIONER SHALL SUBMIT A REPORT
 CONTAINING  SUCH INFORMATION TO THE LEGISLATURE ON OR BEFORE JULY FIRST,
 TWO THOUSAND EIGHTEEN.
   § 3. This act shall take effect immediately.