Senate Bill S9565A

2025-2026 Legislative Session

Relates to establishing school-based food pantries in schools in the city school district of the city of New York

download bill text pdf

Current Bill Status - Passed Senate

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2026	delivered to assembly passed senate ordered to third reading cal.1659 committee discharged and committed to rules
May 20, 2026	print number 9565a
May 20, 2026	amend (t) and recommit to new york city education
Mar 25, 2026	referred to new york city education

Votes

- Jun 3, 2026 - Floor Vote
  S9565A
  
  Aye
  
  59
  
  Nay
  
  2
  
  Absent
  
  1
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 3, 2026
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Baskin
      
      Borrello
      
      Bottcher
      
      Brisport
      
      Brouk
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Chan
      
      Cleare
      
      Comrie
      
      Fahy
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Sutton
      
      Tedisco
      
      Webb
      
      Weber
      
      Zellner
      
      nay (2)
      
      Walczyk
      
      Weik
      
      absent (1)
      
      Parker
      
      excused (1)
      
      Cooney
      
      The following Member(s) participated via videoconferencing: Stavisky Krueger Brouk

Bill Amendments

Original

A (Active)

2025-S9565 - Details

See Assembly Version of this Bill:: A9556
Law Section:: Education Law
Laws Affected:: Add §2590-w, Ed L

2025-S9565 - Summary

Establishes school-based food pantries in high need schools in the city school district of the city of New York.

2025-S9565 - Sponsor Memo

                                 
BILL NUMBER: S9565

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the education law, the state finance law and the tax
law, in relation to establishing school-based food pantries in high-need
schools in the city school district of the city of New York

 
PURPOSE OR GENERAL IDEA OF BILL:

To require the chancellor of the city school district of the city of New
York to establish and maintain school-based food pantries in high-need
schools, operated on a regular schedule during the school week and
staffed primarily by volunteers, and to provide a dedicated, sustainable
state funding stream for these pantries derived from a portion of state
sales tax revenues on hot and prepared supermarket foods.

 
SUMMARY OF PROVISIONS:

Section 1 provides that the act shall be known as the "New York City
school-based food pantry act."

Section 2 sets forth legislative intent findings regarding the growing
number of children living in poverty in New York City, the prevalence of
hunger and food insecurity, and the negative impact of these conditions
on student health, attendance, behavior, and academic performance.

Section 3 amends the education law by adding a new section 2590-w,
"School-based food pantries in high-need schools," which:

- Defines "city district," "chancellor," "high-need school," and
"school-based food pantry."

- Requires the chancellor to establish and maintain a school,-based food
pantry program in the city school district of the city of New York and
to authorize and prioritize pantries in high-need schools, based on
indicators such as eligibility for free or reduced-price meals, home-
lessness or temporary housing, and other measures of concentrated pover-
ty and food insecurity.

- Requires that each school-based food pantry operate on the school
premises during designated times on days when school is in session, and
be open to students and their parents or guardians not less than two
days per week during the regular school week, at times reasonably acces-
sible to families and not interfering with required instructional time.

- Provides that the pantries shall be organized and operated primarily
by volunteers, including teachers, administrators, other school staff,
parents or guardians of children attending the school, and community
volunteers, while preserving all rights and protections of employees
under applicable collective bargaining agreements and law.

- Authorizes and encourages cooperation and written agreements between
high-need schools and local food pantries, food banks, and other commu-
nity-based organizations for volunteer training and technical assistance
on food safety, inventory management, volunteer management, outreach,
and related matters, and authorizes broader citywide or borough-wide
agreements to coordinate donations and deliveries.
- Requires the chancellor to issue guidance addressing participant
dignity and confidentiality, food safety and storage, building and
instructional day logistics, and culturally appropriate, nutritious
options to the extent practicable.

- Requires the chancellor, beginning with the second school year after
the effective date, to submit an annual report by January 1 to the
governor, legislative leaders, mayor, and city council, including the
number and location of high-need schools with pantries, numbers of
students and families served, and descriptions of community partner-
ships.

Section 4 amends the state finance law by adding a new section 97-wwww,
creating the "New York city school-based food pantry fund," which:

- Establishes a special fund in the joint custody of the state comp-
troller and the commissioner of taxation and finance. Requires that each
year, the commissioner of taxation and finance certify the amount of
revenue collected from the four percent state sales and compensating use
taxes on hot and prepared food sold by supermarkets and grocery stores,
and that the state comptroller transfer from the general fund to the new
special fund an amount equal to twenty-five percent of such certified
revenue, net of refunds and credits.

- Provides that, following appropriation by the legislature, moneys in
the fund shall be made available to the New York City Department of
Education, or to the State Education Department for distribution to the
city district, to support the establishment, operation, and expansion of
school-based food pantries in high-need schools, including the purchase
of food, equipment and supplies, training and technical assistance, and
program administration.

- Requires that the fund be kept separate and not commingled with other
moneys, and that any interest earned be credited to the fund.

Section 5 provides that the act shall take effect on the one hundred
twentieth day after it becomes law and authorizes the chancellor, the
commissioner of education, the state comptroller, and the commissioner
of taxation and finance to adopt rules, regulations, and procedures and
take other necessary actions in advance of such effective date.

 
JUSTIFICATION:

Hunger and food insecurity remain persistent barriers to learning for
thousands of children in the city school district of the city of New
York. Many families struggle to afford enough nutritious food throughout
the week, and for some students, meals served in school are among the
most reliable sources of daily nutrition. When children arrive at school
hungry or go home to food-insecure households, they are more likely to
experience difficulty concentrating, disruptive behavior, chronic absen-
teeism, and lower academic performance. These challenges disproportion-
ately affect students in communities with the highest levels of poverty
and housing instability.

School-based food pantries provide a practical, dignified, and effective
strategy to address these gaps. By making nutritious food available for
students and their families to take home, school-based pantries help
stabilize household food supplies, support consistent attendance, and
complement existing school meal programs. Locating pantries directly in
high-need schools reduces transportation and scheduling barriers, and
allows trusted educators, staff, and parents to play a direct role in
outreach and distribution.

This bill recognizes that many school communities are eager to respond
to student hunger but lack resources, training, or guidance. By requir-
ing the chancellor to prioritize high-need schools, operate pantries at
least twice per week during the school week, and partner with experi-
enced local food pantries and food banks for training and technical
assistance, the bill establishes a clear framework for effective and
sustainable implementation. The volunteer-based model allows school
staff, parents, guardians, and community members to support students
directly while respecting existing labor protections and avoiding
unfunded staffing mandates.

The legislation also provides a dedicated state funding mechanism that
is closely linked to the food system itself. Redirecting twenty-five
percent of state revenue raised from the four percent tax on hot and
prepared supermarket foods into a special fund for New York City school-
based food pantries will create a stable, predictable source of support
for the purchase of food, equipment, and supplies, and for the coordi-
nation and administration of the program. This approach allows the state
to address child hunger and support educational success without imposing
new local property tax burdens.

Ensuring that children have access to adequate, nutritious food is a
foundational investment in their academic success, health, and long-term
life chances. By combining school-based leadership, community partner-
ship, and a dedicated funding stream, this bill offers a targeted and
highly impactful response to child hunger in New York City's highestneed
schools.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The bill directs the transfer of an amount equal to twenty-five percent
of state revenues from the four percent sales and compensating use tax
on hot and prepared supermarket foods into a dedicated special fund for
New York City school-based food pantries, subject to appropriation.
Administrative costs to the New York City Department of Education and
relevant state agencies are expected to be limited, as the program
relies primarily on volunteers and partnerships with existing community
food providers.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2025-S9565 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9565
 
                             I N  S E N A T E
 
                              March 25, 2026
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on New York City Education
 
 AN ACT to amend the education law, the state finance  law  and  the  tax
   law,  in  relation to establishing school-based food pantries in high-
   need schools in the city school district of the city of New York

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York city school-based food pantry act".
   § 2. Legislative intent. The legislature  hereby  finds  and  declares
 that a growing number of children in New York city are living in poverty
 and  are  experiencing  hunger and food insecurity. These conditions are
 associated with higher rates of chronic absenteeism, difficulty  concen-
 trating in class, behavioral challenges, and lower academic performance.
 Research further demonstrates that children who are hungry or food inse-
 cure  are  less  likely  to be ready to learn, more likely to experience
 adverse physical and mental health outcomes, and  more  likely  to  fall
 behind their peers academically.
   The  legislature  therefore  finds  that  it is a matter of overriding
 state concern to ensure that children in the city school district of the
 city of New York have reliable access to nutritious food in  and  around
 the  school  day,  particularly  in schools serving communities with the
 greatest economic need. School-based food pantries, operated in partner-
 ship with educators, parents, guardians,  and  community  organizations,
 are  a  proven  means  of  reducing  food insecurity, stabilizing family
 nutrition, and supporting student learning and well-being.
   The legislature further finds that a modest redirection of  a  portion
 of  existing state revenue derived from the four percent state sales and
 use tax on hot and prepared supermarket  foods  is  an  appropriate  and
 sustainable  source of funding for this initiative, as such revenues are
 directly linked to the food system that should help ensure no child goes
 hungry. It is therefore the intent of the  legislature  to  require  the
 chancellor of the city school district of the city of New York to estab-
 lish  and  maintain  school-based food pantries in high-need schools, to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14243-01-5
 S. 9565                             2
 
 operate such pantries on a regular schedule during the school  week,  to
 rely primarily on volunteers including school staff and parents or guar-
 dians, and to provide for state funding in support of these efforts.
   §  3.  The  education law is amended by adding a new section 2590-w to
 read as follows:
   § 2590-W. SCHOOL-BASED FOOD PANTRIES IN HIGH-NEED SCHOOLS. 1.    DEFI-
 NITIONS. FOR PURPOSES OF THIS SECTION:
   (A) "HIGH-NEED SCHOOL" SHALL MEAN A PUBLIC SCHOOL OF THE CITY DISTRICT
 THAT  THE  CHANCELLOR DETERMINES HAS AMONG THE HIGHEST LEVELS OF STUDENT
 ECONOMIC NEED, USING INDICATORS THAT MAY INCLUDE, BUT NEED NOT BE LIMIT-
 ED TO, THE PERCENTAGE OF STUDENTS ELIGIBLE  FOR  FREE  OR  REDUCED-PRICE
 SCHOOL  MEALS,  THE PERCENTAGE OF STUDENTS WHO ARE HOMELESS OR IN TEMPO-
 RARY HOUSING, AND OTHER MEASURES OF CONCENTRATED POVERTY OR FOOD INSECU-
 RITY.
   (B) "SCHOOL-BASED FOOD PANTRY" SHALL MEAN A  PROGRAM  LOCATED  ON  THE
 PREMISES  OF  A  CITY DISTRICT SCHOOL THAT STORES AND DISTRIBUTES NUTRI-
 TIOUS FOOD, WITHOUT CHARGE, TO STUDENTS ENROLLED IN SUCH SCHOOL  AND  TO
 THEIR  PARENTS  OR  GUARDIANS, FOR CONSUMPTION OUTSIDE OF REGULAR SCHOOL
 MEALS.
   2. ESTABLISHMENT OF PROGRAM. (A) THE CHANCELLOR  SHALL  ESTABLISH  AND
 MAINTAIN A SCHOOL-BASED FOOD PANTRY PROGRAM IN THE CITY DISTRICT.
   (B)  SUBJECT  TO  THE  AVAILABILITY  OF  FUNDS  APPROPRIATED  FOR THIS
 PURPOSE, THE CHANCELLOR SHALL, ON AND AFTER THE EFFECTIVE DATE  OF  THIS
 SECTION,  AUTHORIZE  AND  CAUSE  THE  ESTABLISHMENT OF SCHOOL-BASED FOOD
 PANTRIES IN HIGH-NEED SCHOOLS THROUGHOUT THE CITY DISTRICT. IN DETERMIN-
 ING THE SEQUENCE AND NUMBER OF SCHOOLS IN WHICH SUCH PANTRIES  SHALL  BE
 ESTABLISHED, THE CHANCELLOR SHALL PRIORITIZE SCHOOLS SERVING COMMUNITIES
 WITH THE HIGHEST LEVELS OF POVERTY AND FOOD INSECURITY.
   3.  OPERATION  AND  SCHEDULE. (A) EACH SCHOOL-BASED FOOD PANTRY ESTAB-
 LISHED PURSUANT TO THIS SECTION SHALL OPERATE ON  THE  PREMISES  OF  THE
 SCHOOL  DURING  DESIGNATED TIMES DURING THE REGULAR SCHOOL WEEK, ON DAYS
 WHEN SCHOOL IS IN SESSION.
   (B) THE CHANCELLOR SHALL ENSURE THAT EACH  SUCH  PANTRY  IS  OPEN  AND
 AVAILABLE  TO  STUDENTS AND THEIR PARENTS OR GUARDIANS NOT LESS THAN TWO
 DAYS PER WEEK DURING THE REGULAR SCHOOL WEEK. THE  DESIGNATED  HOURS  OF
 OPERATION SHALL BE SCHEDULED AT TIMES REASONABLY ACCESSIBLE TO FAMILIES,
 WHICH  MAY  INCLUDE BEFORE-SCHOOL, AFTER-SCHOOL, OR EARLY EVENING HOURS,
 AND SHALL NOT INTERFERE WITH REQUIRED INSTRUCTIONAL TIME.
   4. VOLUNTEERS AND STAFFING. (A) SCHOOL-BASED FOOD PANTRIES ESTABLISHED
 PURSUANT TO THIS SECTION SHALL BE ORGANIZED AND  OPERATED  PRIMARILY  BY
 VOLUNTEERS.  VOLUNTEERS  MAY INCLUDE, BUT NEED NOT BE LIMITED TO, TEACH-
 ERS, SCHOOL ADMINISTRATORS, OTHER SCHOOL EMPLOYEES, PARENTS OR GUARDIANS
 OF CHILDREN ATTENDING THE SCHOOL, AND COMMUNITY VOLUNTEERS.
   (B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE ANY EMPLOYEE
 OF THE CITY DISTRICT TO PERFORM UNCOMPENSATED WORK OR TO  CONFLICT  WITH
 OR  DIMINISH  ANY  RIGHT,  BENEFIT,  OR PROTECTION PROVIDED TO EMPLOYEES
 UNDER ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT, THE CIVIL  SERVICE
 LAW,  OR  OTHER  PROVISION OF LAW. THE CHANCELLOR MAY DESIGNATE STAFF TO
 COORDINATE VOLUNTEERS AND TO ENSURE  COMPLIANCE  WITH  APPLICABLE  LAWS,
 REGULATIONS  AND POLICIES, INCLUDING THOSE RELATED TO STUDENT SAFETY AND
 PRIVACY.
   5. COMMUNITY PARTNERSHIPS; TRAINING AND TECHNICAL ASSISTANCE. (A)  THE
 CHANCELLOR  SHALL ENCOURAGE AND FACILITATE COOPERATION BETWEEN HIGH-NEED
 SCHOOLS OPERATING SCHOOL-BASED FOOD PANTRIES AND  LOCAL  FOOD  PANTRIES,
 FOOD  BANKS,  AND  OTHER COMMUNITY-BASED ORGANIZATIONS WITH EXPERTISE IN
 FOOD DISTRIBUTION AND HUNGER RELIEF.
 S. 9565                             3
 
   (B) SCHOOLS SELECTED BY THE CHANCELLOR MAY ENTER INTO  WRITTEN  AGREE-
 MENTS  WITH  SUCH  LOCAL  ORGANIZATIONS  TO  RECEIVE TRAINING FOR SCHOOL
 VOLUNTEERS AND TO OBTAIN TECHNICAL ASSISTANCE RELATED  TO  FOOD  SAFETY,
 INVENTORY  MANAGEMENT,  VOLUNTEER  MANAGEMENT, OUTREACH TO FAMILIES, AND
 RELATED MATTERS.
   (C)  THE CHANCELLOR MAY ENTER INTO CITYWIDE OR BOROUGH-WIDE AGREEMENTS
 WITH LOCAL OR REGIONAL FOOD PANTRIES, FOOD BANKS, OR  SIMILAR  ORGANIZA-
 TIONS  TO  SUPPORT  THE ESTABLISHMENT AND OPERATION OF SCHOOL-BASED FOOD
 PANTRIES AND TO COORDINATE THE DONATION, PURCHASE, OR DELIVERY  OF  FOOD
 AND RELATED SUPPLIES.
   6.  GUIDANCE  AND  SAFEGUARDS.  THE CHANCELLOR SHALL ISSUE GUIDANCE TO
 SCHOOLS OPERATING FOOD PANTRIES PURSUANT TO THIS  SECTION,  WHICH  SHALL
 INCLUDE AT A MINIMUM:
   (A)  PROCEDURES  TO  ENSURE  THAT  PARTICIPATION IS VOLUNTARY AND THAT
 STUDENTS AND FAMILIES ARE TREATED WITH DIGNITY AND CONFIDENTIALITY;
   (B) STANDARDS FOR FOOD SAFETY, STORAGE, AND HANDLING, CONSISTENT  WITH
 APPLICABLE STATE AND LOCAL HEALTH AND SAFETY REQUIREMENTS;
   (C)  PROCEDURES  TO ENSURE THAT SCHOOL-BASED FOOD PANTRY OPERATIONS DO
 NOT INTERFERE WITH INSTRUCTIONAL TIME  OR  THE  SAFE  OPERATION  OF  THE
 SCHOOL BUILDING; AND
   (D)  ENCOURAGEMENT  OF  CULTURALLY  APPROPRIATE  AND  NUTRITIOUS  FOOD
 OPTIONS TO THE EXTENT PRACTICABLE.
   7. REPORTING. COMMENCING WITH THE SECOND  SCHOOL  YEAR  FOLLOWING  THE
 EFFECTIVE  DATE  OF  THIS SECTION, THE CHANCELLOR SHALL ANNUALLY PREPARE
 AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE
 SPEAKER  OF  THE  ASSEMBLY, AND THE MAYOR AND COUNCIL OF THE CITY OF NEW
 YORK, ON OR BEFORE JANUARY FIRST, A REPORT THAT SHALL INCLUDE:
   (A) THE  NUMBER  OF  HIGH-NEED  SCHOOLS  IN  WHICH  SCHOOL-BASED  FOOD
 PANTRIES HAVE BEEN ESTABLISHED AND ARE OPERATING;
   (B)  THE  BOROUGH  AND  COMMUNITY  SCHOOL  DISTRICT IN WHICH EACH SUCH
 SCHOOL IS LOCATED;
   (C) THE APPROXIMATE NUMBER OF STUDENTS AND  FAMILIES  SERVED  BY  SUCH
 PANTRIES DURING THE PRECEDING SCHOOL YEAR; AND
   (D)  A  DESCRIPTION OF ANY PARTNERSHIPS WITH LOCAL FOOD PANTRIES, FOOD
 BANKS, OR OTHER COMMUNITY-BASED ORGANIZATIONS THAT SUPPORT THE OPERATION
 OF SCHOOL-BASED FOOD PANTRIES.
   § 4. The state finance law is amended by adding a new section  97-wwww
 to read as follows:
   §  97-WWWW.  NEW  YORK CITY SCHOOL-BASED FOOD PANTRY FUND. 1. THERE IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
 "NEW YORK CITY SCHOOL-BASED FOOD PANTRY FUND".
   2. THE FUND SHALL CONSIST OF:
   (A)  MONEYS  TRANSFERRED TO SUCH FUND PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION;
   (B) ANY MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM  ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW;
   (C)  ANY  GRANTS,  GIFTS  OR  BEQUESTS  RECEIVED  BY THE STATE FOR THE
 PURPOSES OF THIS FUND; AND
   (D) ANY INTEREST OR OTHER INCOME EARNED ON MONEYS IN THE FUND.
   3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
 COMMISSIONER OF TAXATION AND FINANCE SHALL, ON OR BEFORE THE  FIRST  DAY
 OF  EACH  JULY,  CERTIFY  TO THE STATE COMPTROLLER THE AMOUNT OF REVENUE
 COLLECTED DURING THE PRECEDING STATE FISCAL YEAR FROM THE  FOUR  PERCENT
 STATE SALES AND COMPENSATING USE TAXES IMPOSED PURSUANT TO ARTICLE TWEN-
 S. 9565                             4
 
 TY-EIGHT  OF  THE  TAX  LAW  ON RECEIPTS FROM THE RETAIL SALE OF HOT AND
 PREPARED FOOD SOLD BY SUPERMARKETS AND GROCERY STORES WITHIN THE STATE.
   (B)  UPON  RECEIPT OF SUCH CERTIFICATION, THE STATE COMPTROLLER SHALL,
 AFTER RESERVING SUCH AMOUNTS AS THEY MAY DEEM NECESSARY FOR  REFUNDS  OR
 CREDITS,  TRANSFER  FROM  THE  GENERAL FUND TO THE NEW YORK CITY SCHOOL-
 BASED FOOD PANTRY FUND AN AMOUNT EQUAL TO TWENTY-FIVE  PERCENT  OF  SUCH
 CERTIFIED REVENUE.
   4.  MONEYS  OF THE FUND SHALL, FOLLOWING APPROPRIATION BY THE LEGISLA-
 TURE, BE MADE AVAILABLE TO THE  DEPARTMENT  OF  EDUCATION  OF  THE  CITY
 SCHOOL  DISTRICT  OF  THE  CITY  OF  NEW YORK, OR TO THE STATE EDUCATION
 DEPARTMENT FOR DISTRIBUTION TO THE CITY SCHOOL DISTRICT OF THE  CITY  OF
 NEW  YORK,  TO  SUPPORT  THE  ESTABLISHMENT, OPERATION, AND EXPANSION OF
 SCHOOL-BASED FOOD PANTRIES IN  HIGH-NEED  SCHOOLS  IN  THE  CITY  SCHOOL
 DISTRICT OF THE CITY OF NEW YORK PURSUANT TO SECTION TWENTY-FIVE HUNDRED
 NINETY-W  OF  THE EDUCATION LAW. ELIGIBLE USES SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE PURCHASE OF FOOD, EQUIPMENT AND SUPPLIES,  TRAINING  AND
 TECHNICAL  ASSISTANCE,  AND  THE COSTS OF COORDINATING AND ADMINISTERING
 THE SCHOOL-BASED FOOD PANTRY PROGRAM.
   5. THE MONEYS IN SUCH FUND SHALL BE KEPT SEPARATE FROM AND  SHALL  NOT
 BE  COMMINGLED  WITH  ANY OTHER MONEYS IN THE CUSTODY OF THE STATE COMP-
 TROLLER.  THE STATE COMPTROLLER MAY INVEST ANY MONEYS IN SUCH  FUND  NOT
 EXPENDED FOR THE PURPOSES OF THIS SECTION IN THE MANNER PROVIDED BY LAW.
 ANY  INTEREST AND INCOME EARNED ON SUCH INVESTMENTS SHALL BE CREDITED TO
 THE FUND.
   § 5. Subdivision (b) of section 1148 of the tax  law,  as  amended  by
 section  6-a  of part G of chapter 59 of the laws of 2019, is amended to
 read as follows:
   (b) Provided however, before the funds may be distributed pursuant  to
 subdivision  (a)  of  this  section,  such funds shall be distributed as
 otherwise provided in sections ninety-two-d, ninety-two-h,  [and]  nine-
 ty-two-r  AND  NINETY-SEVEN-WWWW  of  the state finance law and sections
 eleven hundred two, eleven hundred four and eleven hundred nine of  this
 article.
   § 6. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

2025-S9565A (ACTIVE) - Details

See Assembly Version of this Bill:: A9556
Law Section:: Education Law
Laws Affected:: Add §2590-w, Ed L

2025-S9565A (ACTIVE) - Summary

Establishes school-based food pantries in high need schools in the city school district of the city of New York.

2025-S9565A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9565A

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the education law, in relation to establishing school-
based food pantries in schools in the city school district of the city
of New York

 
PURPOSE OR GENERAL IDEA OF BILL:

To require the chancellor of the city school district of the city of New
York to establish and maintain school-based food pantries in Schools.

 
SUMMARY OF PROVISIONS:

Section 1 provides that the act shall be known as the "New York City
school-based food pantry act."

Section 2 sets forth legislative intent findings regarding the growing
number of children living in poverty in New York City, the prevalence of
hunger and food insecurity, and the negative impact of these conditions

on student health, attendance, behavior, and academic performance.

Section 3 amends the education law by adding a new section 2590-w,
"School-based food pantries in New York City schools," which:

Requires the chancellor to establish and maintain a school-based food
pantry program in the city school district of the city of New York and
to authorize and prioritize pantries in schools, based on indicators
such as the percentage of students eligible for free or reduced-price
school meals, the percentage of students who are homeless or in tempo-
rary housing, and other measurers of concentrated poverty or food inse-
curity.

-Requires that each school-based food pantry operate on the school prem-
ises during designated times on days when school is in session but shall
not interfere with required instructional time.

-Authorizes and encourages cooperation and written agreements between
schools and local food pantries, food banks, and other community-based
organizations for volunteer training and technical assistance on food
safety, inventory management, volunteer management, outreach, and
related matters, and authorizes broader citywide or borough-wide agree-
ments to coordinate donations and deliveries.

-Requires the chancellor to issue guidance addressing participant digni-
ty and confidentiality, food safety and storage, building and instruc-
tional day logistics, and culturally appropriate, nutritious options to
the extent practicable.

-Requires the chancellor, beginning with the second school year after
the effective date, to submit an annual report by January 1 to the
governor, legislative leaders, mayor, and city council, including the
number and location of high-need schools with pantries, numbers of
students and families served, and descriptions of community partner-
ships.


Section 4 provides that the act shall take effect on the one hundred
twentieth day after it becomes law and authorizes the chancellor, the
commissioner of education, the state comptroller, and the commissioner
of taxation and finance to adopt rules, regulations, and procedures and
take other necessary actions in advance of such effective date.

 
JUSTIFICATION:

Hunger and food insecurity remain persistent barriers to learning for
thousands of children in the city school district of the city of New
York. Many families struggle to afford enough nutritious food throughout
the week, and for some students, meals served in school are among the
most reliable sources of daily nutrition. When children arrive at school
hungry or go home to food-insecure households, they are more likely to
experience difficulty concentrating, disruptive behavior, chronic absen-
teeism, and lower academic performance. These challenges disproportion-
ately affect students in communities with the highest levels of poverty
and housing instability.

School-based food pantries provide a practical, dignified, and effective
strategy to address these gaps. By making nutritious food available for
students and their families to take home, school-based pantries help
stabilize household food supplies, support consistent attendance, and
complement existing school meal programs. Locating pantries directly in
high-need schools reduces transportation and scheduling barriers, and
allows trusted educators, staff, and parents to play a direct role in
outreach and distribution.

This bill recognizes that many school communities are eager to respond
to student hunger but lack resources, training, or guidance. By requir-
ing the chancellor to operate pantries at least twice per week during
the school week, and partner with experienced local food pantries and
food banks for training and technical assistance, the bill establishes a
clear framework for effective and sustainable implementation. The volun-
teer-based model allows school staff, parents, guardians, and community
members to support students directly while respecting existing labor
protections and avoiding unfunded staffing mandates.

Ensuring that children have access to adequate, nutritious food is a
foundational investment in their academic success, health, and long-term
life chances. By combining school-based leadership, community partner-
ship, and a dedicated funding stream, this bill offers a targeted and
highly impactful response to child hunger in New York City's schools.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2025-S9565A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9565--A
 
                             I N  S E N A T E
 
                              March 25, 2026
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on New York City Education --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to establishing school-
   based food pantries in schools in the city school district of the city
   of New York

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York city school-based food pantry act".
   § 2. Legislative intent. The legislature  hereby  finds  and  declares
 that a growing number of children in New York city are living in poverty
 and  are  experiencing  hunger and food insecurity. These conditions are
 associated with higher rates of chronic absenteeism, difficulty  concen-
 trating in class, behavioral challenges, and lower academic performance.
 Research further demonstrates that children who are hungry or food inse-
 cure  are  less  likely  to be ready to learn, more likely to experience
 adverse physical and mental health outcomes, and  more  likely  to  fall
 behind their peers academically.
   The  legislature  therefore  finds  that  it is a matter of overriding
 state concern to ensure that children in the city school district of the
 city of New York have reliable access to nutritious food in  and  around
 the  school  day,  particularly  in schools serving communities with the
 greatest economic need. School-based food pantries, operated in partner-
 ship with educators, parents, guardians,  and  community  organizations,
 are  a  proven  means  of  reducing  food insecurity, stabilizing family
 nutrition, and supporting student learning and well-being.
   § 3. The education law is amended by adding a new  section  2590-w  to
 read as follows:
   § 2590-W. SCHOOL-BASED FOOD PANTRIES IN NEW YORK CITY SCHOOLS.
   1.  ESTABLISHMENT OF PROGRAM. (A) SUBJECT TO THE AVAILABILITY OF FUNDS
 APPROPRIATED FOR THIS PURPOSE, THE CHANCELLOR SHALL ESTABLISH AND  MAIN-
 TAIN SCHOOL-BASED FOOD PANTRIES IN SCHOOLS THROUGHOUT THE CITY DISTRICT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14243-02-6
 S. 9565--A                          2
 
   (B)  SCHOOL-BASED  FOOD  PANTRIES ESTABLISHED PURSUANT TO THIS SECTION
 SHALL BE LOCATED ON THE PREMISES OF A CITY  DISTRICT  SCHOOL  AND  SHALL
 STORE  AND  DISTRIBUTE  NUTRITIOUS  FOOD,  WITHOUT  CHARGE,  TO STUDENTS
 ENROLLED IN SUCH  SCHOOL  AND  THEIR  PARENTS  OR  PERSONS  IN  PARENTAL
 RELATION FOR CONSUMPTION OUTSIDE OF REGULAR SCHOOL MEALS.
   (C)  THE  CHANCELLOR SHALL PRIORITIZE SCHOOLS SERVING COMMUNITIES WITH
 THE HIGHEST LEVELS OF STUDENT ECONOMIC NEED, POVERTY, AND FOOD INSECURI-
 TY  WHEN  DETERMINING  WHICH  SCHOOLS  TO  ESTABLISH  SCHOOL-BASED  FOOD
 PANTRIES  IN PURSUANT TO THIS SECTION. THE CHANCELLOR MAY USE INDICATORS
 SUCH AS THE PERCENTAGE OF STUDENTS ELIGIBLE FOR  FREE  OR  REDUCED-PRICE
 SCHOOL  MEALS,  THE PERCENTAGE OF STUDENTS WHO ARE HOMELESS OR IN TEMPO-
 RARY HOUSING, AND OTHER MEASURES OF CONCENTRATED POVERTY FOR  SUCH  FOOD
 INSECURITY.
   2.  OPERATION  AND SCHEDULE. EACH SCHOOL-BASED FOOD PANTRY ESTABLISHED
 PURSUANT TO THIS SECTION SHALL OPERATE ON THE  PREMISES  OF  THE  SCHOOL
 DURING  DESIGNATED  TIMES  DURING  THE REGULAR SCHOOL WEEK, ON DAYS WHEN
 SCHOOL IS IN SESSION, BUT SHALL NOT  INTERFERE  WITH  REQUIRED  INSTRUC-
 TIONAL  TIME.  EACH SCHOOL-BASED FOOD PANTRY SHALL BE OPEN AND AVAILABLE
 TO STUDENTS AND THEIR PARENTS OR PERSONS IN PARENTAL RELATION  AT  TIMES
 REASONABLY  ACCESSIBLE  TO  FAMILIES,  WHICH MAY INCLUDE BEFORE OR AFTER
 SCHOOL, NOT LESS THAN TWO DAYS PER WEEK DURING THE REGULAR SCHOOL WEEK.
   3. COMMUNITY PARTNERSHIPS; TRAINING AND TECHNICAL ASSISTANCE. (A)  THE
 CHANCELLOR  SHALL  ENCOURAGE  AND FACILITATE COOPERATION BETWEEN SCHOOLS
 OPERATING SCHOOL-BASED FOOD  PANTRIES  AND  LOCAL  FOOD  PANTRIES,  FOOD
 BANKS,  AND  OTHER  COMMUNITY-BASED ORGANIZATIONS WITH EXPERTISE IN FOOD
 DISTRIBUTION AND HUNGER RELIEF.
   (B) SCHOOLS OPERATING SCHOOL-BASED  FOOD  PANTRIES  PURSUANT  TO  THIS
 SECTION  MAY ENTER INTO WRITTEN AGREEMENTS WITH SUCH LOCAL ORGANIZATIONS
 TO RECEIVE TRAINING  FOR  SCHOOL  VOLUNTEERS  AND  TO  OBTAIN  TECHNICAL
 ASSISTANCE  RELATED  TO  FOOD  SAFETY,  INVENTORY  MANAGEMENT, VOLUNTEER
 MANAGEMENT, OUTREACH TO FAMILIES, AND RELATED MATTERS.
   (C) THE CHANCELLOR MAY ENTER INTO CITYWIDE OR BOROUGH-WIDE  AGREEMENTS
 WITH  LOCAL  OR REGIONAL FOOD PANTRIES, FOOD BANKS, OR SIMILAR ORGANIZA-
 TIONS TO SUPPORT THE ESTABLISHMENT AND OPERATION  OF  SCHOOL-BASED  FOOD
 PANTRIES  AND  TO COORDINATE THE DONATION, PURCHASE, OR DELIVERY OF FOOD
 AND RELATED SUPPLIES.
   4. GUIDANCE AND SAFEGUARDS. THE CHANCELLOR  SHALL  ISSUE  GUIDANCE  TO
 SCHOOLS  OPERATING  FOOD  PANTRIES PURSUANT TO THIS SECTION, WHICH SHALL
 INCLUDE AT A MINIMUM:
   (A) PROCEDURES TO ENSURE THAT STUDENTS AND FAMILIES ARE  TREATED  WITH
 DIGNITY AND CONFIDENTIALITY;
   (B)  STANDARDS FOR FOOD SAFETY, STORAGE, AND HANDLING, CONSISTENT WITH
 APPLICABLE STATE AND LOCAL HEALTH AND SAFETY REQUIREMENTS;
   (C) PROCEDURES TO ENSURE THAT SCHOOL-BASED FOOD PANTRY  OPERATIONS  DO
 NOT  INTERFERE  WITH  INSTRUCTIONAL  TIME  OR  THE SAFE OPERATION OF THE
 SCHOOL BUILDING;
   (D)  ENCOURAGEMENT  OF  CULTURALLY  APPROPRIATE  AND  NUTRITIOUS  FOOD
 OPTIONS TO THE EXTENT PRACTICABLE; AND
   (E)  PROCEDURES  TO  ENCOURAGE  THAT SCHOOL-BASED FOOD PANTRIES ESTAB-
 LISHED PURSUANT TO THIS SECTION BE ORGANIZED AND OPERATED  PRIMARILY  BY
 VOLUNTEERS.
   5.  REPORTING.  COMMENCING  WITH  THE SECOND SCHOOL YEAR FOLLOWING THE
 EFFECTIVE DATE OF THIS SECTION, THE CHANCELLOR  SHALL  ANNUALLY  PREPARE
 AND  SUBMIT  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, AND THE MAYOR AND COUNCIL OF THE  CITY  OF  NEW
 YORK, ON OR BEFORE JANUARY FIRST, A REPORT THAT SHALL INCLUDE:
 S. 9565--A                          3
 
   (A)  THE  NUMBER  OF  SCHOOLS IN WHICH SCHOOL-BASED FOOD PANTRIES HAVE
 BEEN ESTABLISHED AND ARE OPERATING;
   (B)  THE  BOROUGH  AND  COMMUNITY  SCHOOL  DISTRICT IN WHICH EACH SUCH
 SCHOOL IS LOCATED;
   (C) THE APPROXIMATE NUMBER OF STUDENTS AND  FAMILIES  SERVED  BY  SUCH
 PANTRIES DURING THE PRECEDING SCHOOL YEAR; AND
   (D)  A  DESCRIPTION OF ANY PARTNERSHIPS WITH LOCAL FOOD PANTRIES, FOOD
 BANKS, OR OTHER COMMUNITY-BASED ORGANIZATIONS THAT SUPPORT THE OPERATION
 OF SCHOOL-BASED FOOD PANTRIES.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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Jamaal T. Bailey

Current Bill Status - Passed Senate

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2025-S9565A (ACTIVE) - Bill Text download pdf

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