NY State Senate Bill 2017-S7371

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2018	referred to education

2017-S7371 (ACTIVE) - Details

See Assembly Version of this Bill:: A8203
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §908, amd §305, Ed L

2017-S7371 (ACTIVE) - Summary

Requires schools to adopt a school meal policy regarding unpaid school meal fees and prohibits schools from shaming or treating students differently when students have unpaid school lunch fees.

2017-S7371 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7371

SPONSOR: MARCELLINO
 
TITLE OF BILL:  An act to amend the education law, in relation to
requiring schools to adopt a school meal policy regarding unpaid school
meal fees

 
PURPOSE:

This bill prohibits "lunch shaming," requires school districts to
distribute information about school meal programs, and implements poli-
cies about payment and collection of school meal fees.

 
SUMMARY OF PROVISIONS:

Section 1 requires school districts to adopt and implement policy to
ensure that students are not treated differently based on the meal
program in which they are enrolled or unpaid school meal fees; distrib-
ute information to parents about school meal programs including program
description, eligibility, costs, payment and enrollment; and advise
parents about payment and collection of school meal fees. Section 2

requires the Commissioner to identify best practices for payment and
collection of school meal fees.

 
JUSTIFICATION:

This legislation will require school districts and their food services
to implement policies that assure equal treatment of all students
regardless of their enrollment in a school meal program or any unpaid
school meal fees. It prohibits "lunch shaming."  Lunch shaming happens
when a child cannot pay a school lunch bill. It has been reported that,
in response to unpaid fees for school meals, the schools embarrass
students by denying lunch, labeling the students as scofflaws or forcing
them to work in school cafeterias to compel payment. This is unaccepta-
ble and unnecessary.

 
LEGISLATIVE HISTORY:

New Bill  
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2017-S7371 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7371
 
                             I N  S E N A T E
 
                             January 10, 2018
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed 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 OR  THE  BOARD
 OF  TRUSTEES  OF  EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, CHARTER SCHOOL, AND  NON-PUBLIC  SCHOOL  IN  THIS  STATE  THAT
 PROVIDES A MEAL TO STUDENTS DURING THE SCHOOL DAY SHALL ADOPT AND IMPLE-
 MENT  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. SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO:  (I)  METHODS  BY
 WHICH  A STUDENT'S PARENT OR GUARDIAN MAY PAY FOR 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; (II)
 ACTIONS THAT THE SCHOOL WILL TAKE TO COLLECT A STUDENT'S  UNPAID  SCHOOL
 MEAL  FEES FROM PARENTS OR GUARDIANS; (III) HOW SCHOOL PERSONNEL WILL BE
 TRAINED TO ENSURE THAT THE POLICY IS IMPLEMENTED; (IV)  THE  DESIGNATION
 OF  A SCHOOL ADMINISTRATOR OR ADMINISTRATORS RESPONSIBLE FOR IMPLEMENTA-
 TION OF THE POLICY; AND  (V)  PROCEDURES  TO  ADDRESS  SITUATIONS  WHERE
 SCHOOL PERSONNEL VIOLATE OF THE POLICY.
   C.  THE  POLICY  ADOPTED PURSUANT TO THIS SUBDIVISION SHALL BE ADOPTED
 WITH INPUT FROM SCHOOL PERSONNEL, PARENTS, STUDENTS AND ANY OTHER INTER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11947-03-7

 S. 7371                             2
 
 ESTED PARTIES AND FOLLOW ALL APPLICABLE FEDERAL AND  STATE  LAWS,  REGU-
 LATIONS  AND  GUIDANCE  REGARDING  SCHOOL  MEAL PROGRAMS AND UNPAID MEAL
 FEES. SUCH POLICY SHALL BE INCORPORATED INTO ANY CONTRACT  WITH  A  FOOD
 SERVICE MANAGEMENT COMPANY THAT PROVIDES SCHOOL MEALS TO STUDENTS.
   D.  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.  A  SCHOOL  OR SCHOOL DISTRICT MAY, HOWEVER,
 DIRECT ACTIONS OR COMMUNICATIONS ABOUT SUCH FEES TO OR THROUGH A STUDENT
 IF A PARENT OR GUARDIAN PROVIDES WRITTEN CONSENT.
   E. IF A STUDENT HAS ACCRUED UNPAID SCHOOL MEAL FEES EQUAL TO OR GREAT-
 ER THAN THE VALUE OF  FIVE  FULL-PRICED  MEALS  AND,  BEFORE  COLLECTING
 UNPAID  FEES,  THE  SCHOOL  OR  SCHOOL  DISTRICT  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 OR SCHOOL
 DISTRICT CANNOT DIRECTLY CERTIFY THE  STUDENT,  PROVIDE  THE  PARENT  OR
 GUARDIAN  WITH  AN  APPLICATION  TO  ENROLL THE STUDENT IN A SCHOOL MEAL
 PROGRAM AND CONTACT THE PARENT OR GUARDIAN OF THE STUDENT,  IN  WRITING,
 TO INFORM THEM OF THE AVAILABILITY OF SUCH PROGRAM.
   F.  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.  THE  BOARD  OF  EDUCATION  OR THE BOARD OF TRUSTEES OF EACH SCHOOL
 DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL, AND
 NON-PUBLIC 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: A. A
 DESCRIPTION OF EACH SCHOOL MEAL PROGRAM THAT IS OFFERED BY  THE  SCHOOL;
 B.  PROGRAM  ELIGIBILITY  CRITERIA; C. THE COST OF A SCHOOL MEAL PROGRAM
 UNDER EACH SCHOOL MEAL PROGRAM; D. HOW PAYMENTS  MAY  BE  MADE  AND  HOW
 UNPAID  MEAL  FEES WILL BE COLLECTED; AND E. 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 OFFERED BY THE SCHOOL OR SCHOOL DISTRICT.
   3.  THE  INFORMATION AND POLICY REQUIRED TO BE DISTRIBUTED PURSUANT TO
 THIS SECTION SHALL BE PROVIDED, IN WRITING, AT  THE  BEGINNING  OF  EACH
 SCHOOL  YEAR  TO  ALL  PARENTS  OR GUARDIANS OF STUDENTS, DISTRIBUTED IN
 SCHOOL  ENROLLMENT  PACKETS  AND  PUBLISHED  ON  THE  SCHOOL  OR  SCHOOL
 DISTRICT'S WEBSITE.
   §  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 ISSUE  A  GUIDANCE  MEMORANDUM  TO  EVERY
 SCHOOL  DISTRICT,  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, NONPUBLIC
 SCHOOL AND CHARTER SCHOOL TO INFORM THEM  OF  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.
   § 3. This act shall take effect immediately.

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Senate Bill S7371

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2017-S7371 (ACTIVE) - Details

2017-S7371 (ACTIVE) - Summary

2017-S7371 (ACTIVE) - Sponsor Memo

2017-S7371 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2017-S7371 (ACTIVE) - Details

2017-S7371 (ACTIVE) - Summary

2017-S7371 (ACTIVE) - Sponsor Memo

2017-S7371 (ACTIVE) - Bill Text download pdf

Comments