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.