S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1678--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sens.  HINCHEY,  GOUNARDES,  MARTINEZ,  RYAN, SEPULVEDA,
   SKOUFIS, THOMAS -- read twice and ordered printed, and when printed to
   be committed 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  universal
   school meals to students
 
   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  915-a
 to read as follows:
   §  915-A.  UNIVERSAL SCHOOL MEALS. 1. THE DEPARTMENT SHALL REQUIRE ALL
 PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS  IN  THE
 STATE  THAT  PARTICIPATE  IN THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL
 BREAKFAST PROGRAM AS PROVIDED IN THE RICHARD B. RUSSELL NATIONAL  SCHOOL
 LUNCH  ACT  AND  THE CHILD NUTRITION ACT, AS AMENDED, TO SERVE BREAKFAST
 AND LUNCH AT NO COST TO THE STUDENT.  PUBLIC SCHOOL  DISTRICTS,  CHARTER
 SCHOOLS  AND NON-PUBLIC SCHOOLS SHALL MAXIMIZE FEDERAL REIMBURSEMENT FOR
 SCHOOL BREAKFAST AND LUNCH PROGRAMS BY ADOPTING PROVISION 2, THE FEDERAL
 COMMUNITY ELIGIBILITY PROVISION, OR ANY OTHER PROVISION UNDER SUCH  ACT,
 THE NATIONAL SCHOOL LUNCH ACT OR THE NATIONAL CHILD NUTRITION ACT.
   2.  THE  DEPARTMENT  SHALL REIMBURSE THE DIFFERENCE BETWEEN THE AMOUNT
 PAID BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE FREE RATE AS
 SET ANNUALLY BY THE UNITED STATES  SECRETARY  OF  AGRICULTURE  UNDER  42
 U.S.C. 1759A FOR EACH SCHOOL.
   3.  THE  DEPARTMENT  IN  CONSULTATION WITH THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE SHALL PROMULGATE ANY RULE OR REGULATION NEEDED FOR
 PUBLIC SCHOOL DISTRICTS,  CHARTER  SCHOOLS  AND  NON-PUBLIC  SCHOOLS  TO
 PROMOTE  THE  SUPPLEMENTAL  NUTRITION ASSISTANCE PROGRAM TO A STUDENT OR
 PERSON IN PARENTAL RELATION TO A STUDENT BY EITHER PROVIDING APPLICATION
 ASSISTANCE OR A DIRECT REFERRAL TO AN OUTREACH PARTNER IDENTIFIED BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05356-04-3
              

 S. 1678--A                          2
 
 DEPARTMENT TO THE OFFICE  OF  TEMPORARY  AND  DISABILITY  ASSISTANCE  TO
 INCREASE  THE  NUMBER OF STUDENTS DIRECTLY CERTIFIED FOR FREE OR REDUCED
 PRICE SCHOOL MEALS.
   4.  IN  ADDITION  TO FULFILLING ANY OTHER APPLICABLE STATE AND FEDERAL
 REQUIREMENTS, THE  DEPARTMENT  SHALL  PROVIDE  TECHNICAL  ASSISTANCE  TO
 ASSIST  PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS
 IN THE TRANSITION TO UNIVERSAL SCHOOL MEALS TO ENSURE SUCCESSFUL PROGRAM
 OPERATIONS AND TO MAXIMIZE FEDERAL FUNDING, INCLUDING:
   A. ASSISTING LOCAL EDUCATIONAL AGENCIES WITH ONE OR MORE COMMUNITY-EL-
 IGIBILITY QUALIFYING SCHOOLS IN MEETING ANY STATE AND  FEDERAL  REQUIRE-
 MENTS  NECESSARY IN ORDER TO RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY
 ELIGIBILITY PROVISION.
   B. IF A SCHOOL OR DISTRICT  IS  INELIGIBLE  TO  RECEIVE  REIMBURSEMENT
 THROUGH  THE  COMMUNITY  ELIGIBILITY  PROVISION, ASSISTING THE SCHOOL OR
 DISTRICT IN ACHIEVING ELIGIBILITY AND, IF THAT IS NOT  FEASIBLE,  ASSIST
 THE SCHOOL OR DISTRICT IN DETERMINING THE VIABILITY OF USING PROVISION 2
 OR OTHER SPECIAL FEDERAL PROVISIONS AVAILABLE TO SCHOOLS.
   C.  MAXIMIZING DIRECT CERTIFICATION FOR SPECIFIC POPULATIONS AS ALLOW-
 ABLE UNDER FEDERAL RULES.
   § 2. This act shall take effect July 1, 2023.