Legislation
SECTION 915-A
Universal free school meals
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 19
* § 915-a. Universal free school meals. 1. The department shall
require all 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. 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 that,
in the opinion of the department, maximizes federal funding for meals
served in such programs. Provided that school food authorities that do
not qualify as a single entity to participate in the community
eligibility provision shall be required to group schools within the
school food authority, to the extent possible, for purposes of
maximizing participation in the community eligibility provision, and
provided further that school food authorities shall reapply annually for
the community eligibility provision program in the event that doing so
would result in a higher percentage of meals being reimbursed at the
federal reimbursement rate for a free meal.
2. Notwithstanding any provision of law, rule or regulation to the
contrary, for the two thousand twenty-five--two thousand twenty-six
school year and each school year thereafter, for each breakfast and
lunch meal served, the department shall reimburse the school food
authority the difference between (a) the combined state and federal
reimbursement rate for a reduced-price or paid meal, respectively, for
the current school year and (b) the combined state and federal
reimbursement rate for a free meal for the current school year, provided
that the total reimbursement rate for each meal served shall equal the
combined state and federal reimbursement rate for a free meal for the
current school year.
3. The department, in consultation with the office of temporary and
disability assistance, shall promulgate any rule or regulation needed
for 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 providing either application
assistance or a direct referral to an outreach partner identified to the
department by the office of temporary and disability assistance to
maximize the number of students directly certified for free school
meals.
4. In addition to fulfilling any other applicable state and federal
requirements, the department shall provide technical assistance to
assist 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 but not limited to
the following:
(a) Assisting school food authorities with one or more schools
qualifying for the community eligibility provision in meeting any state
and federal requirements necessary in order to maximize reimbursement
through the community eligibility provision, including assisting such
school food authorities in maximizing participation in the community
eligibility provision.
(b) If a school food authority is ineligible to participate in and
receive reimbursement through the community eligibility provision,
assisting the school food authority in achieving and maximizing
eligibility and, if that is not feasible, assisting the school food
authority in determining the viability of using Provision 2 or other
special federal provisions available to schools to maximize federal
reimbursement.
5. School districts, charter schools, and non-public schools shall
maximize the number of students eligible for free meals by conducting
the Direct Certification Matching Process at a minimum of three times
per year, designating children as "Other Source Categorically Eligible",
as defined by federal regulations, or, for schools not participating in
the Community Eligibility Provision or Provision 2, by annually
collecting the free and reduced-price meal application.
* NB Effective July 1, 2025
require all 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. 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 that,
in the opinion of the department, maximizes federal funding for meals
served in such programs. Provided that school food authorities that do
not qualify as a single entity to participate in the community
eligibility provision shall be required to group schools within the
school food authority, to the extent possible, for purposes of
maximizing participation in the community eligibility provision, and
provided further that school food authorities shall reapply annually for
the community eligibility provision program in the event that doing so
would result in a higher percentage of meals being reimbursed at the
federal reimbursement rate for a free meal.
2. Notwithstanding any provision of law, rule or regulation to the
contrary, for the two thousand twenty-five--two thousand twenty-six
school year and each school year thereafter, for each breakfast and
lunch meal served, the department shall reimburse the school food
authority the difference between (a) the combined state and federal
reimbursement rate for a reduced-price or paid meal, respectively, for
the current school year and (b) the combined state and federal
reimbursement rate for a free meal for the current school year, provided
that the total reimbursement rate for each meal served shall equal the
combined state and federal reimbursement rate for a free meal for the
current school year.
3. The department, in consultation with the office of temporary and
disability assistance, shall promulgate any rule or regulation needed
for 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 providing either application
assistance or a direct referral to an outreach partner identified to the
department by the office of temporary and disability assistance to
maximize the number of students directly certified for free school
meals.
4. In addition to fulfilling any other applicable state and federal
requirements, the department shall provide technical assistance to
assist 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 but not limited to
the following:
(a) Assisting school food authorities with one or more schools
qualifying for the community eligibility provision in meeting any state
and federal requirements necessary in order to maximize reimbursement
through the community eligibility provision, including assisting such
school food authorities in maximizing participation in the community
eligibility provision.
(b) If a school food authority is ineligible to participate in and
receive reimbursement through the community eligibility provision,
assisting the school food authority in achieving and maximizing
eligibility and, if that is not feasible, assisting the school food
authority in determining the viability of using Provision 2 or other
special federal provisions available to schools to maximize federal
reimbursement.
5. School districts, charter schools, and non-public schools shall
maximize the number of students eligible for free meals by conducting
the Direct Certification Matching Process at a minimum of three times
per year, designating children as "Other Source Categorically Eligible",
as defined by federal regulations, or, for schools not participating in
the Community Eligibility Provision or Provision 2, by annually
collecting the free and reduced-price meal application.
* NB Effective July 1, 2025