DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 107 Original 2020 Regular Session Hughes
Abstract: Revises procedures relative to students who are unable to pay for school meals and a
student's meal debt, applicable to all public elementary schools.
Present law (R.S. 17:192) provides that lunches shall be furnished to students and that the governing
authority of each public elementary and secondary school shall participate in the national school
breakfast program. Proposed law retains present law and requires the Dept. of Education to identify
schools and school districts eligible to participate in the federal Community Eligibility Provision
option, notify them of their eligibility, and to provide assistance and guidance to them relative to
opting into this provision. The Community Eligibility Provision allows certain schools and districts
to serve breakfast and lunch at no cost to all enrolled students without collecting household
applications.
Present law (R.S. 17:192.1) requires a public elementary school governing authority that denies
meals to students to implement certain procedures, including the following: notifying parents prior
to withholding a meal; verifying that the child does not have an Individualized Education Plan
requiring receipt of school meals; providing a sandwich or snack; and contacting the Dept. of
Children and Family Services (DCFS) upon third denial in a school year.
Proposed law deletes present law (R.S. 17:192.1) in its entirety and provides procedures relative to
students who are unable to pay for school meals and a student's meal debt. Proposed law is
applicable to all public elementary school governing authorities that make meals accessible to
students at school sites under the U.S. Dept. of Agriculture (USDA) National School Lunch Program
or School Breakfast Program, including charter schools. Provides that such a school governing
authority shall provide a USDA reimbursable meal or alternative reimbursable meal to an elementary
school student who requests the meal regardless of whether he has money to pay or owes money for
meals; does not apply if his parent has provided written permission for withholding a meal.
Proposed law provides procedures applicable if a student owes money for three or more meals:
(1)The governing authority shall determine if the student has been identified as eligible for free
school meals; if not, the governing authority shall make at least two attempts to contact the
parent to have the parent apply; if not eligible or the parent does not apply, the governing
authority shall make reasonable efforts to contact the parent and to offer application
assistance.
(2)If the governing authority has completed all of the actions in (1) above and a parent is not
responsive: (a)It shall notify the parent that if a student owes money for 10 or more meals during a
single school year, the governing authority may contact DCFS under certain
circumstances.
(b)If a parent owes money for 10 or more meals during a single school year and there
is cause to believe the child is the victim of abuse or neglect, the governing authority
shall contact DCFS.
Proposed law prohibits a governing authority from taking the following actions because a student
cannot pay for or owes money for a meal: publicly identifying or stigmatizing him by requiring that
he wear a wristband, hand stamp, or other identifying marker; requiring him to do chores to pay for
meals, unless all other students do similar chores regardless of whether money is owed for meals;
withholding school privileges; scolding him orally or in writing; or requiring him to throw away a
meal after it has been served. Proposed law also prohibits a governing authority from requiring a
parent to pay fees or costs of collection agencies hired to collect money owed for meals.
Proposed law requires a school governing authority to:
(1)Document each instance that a child is served an alternative USDA reimbursable meal at a
school because he cannot pay or owes money for meals and provide documentation at the end
of each school year to the state superintendent of education and, upon request, to the DCFS
secretary or the House or Senate education committee.
(2)Direct communications about amounts owed for meals to the parent and not the student.
(Authorizes sending a letter addressed to the parent home with the student.)
(3)Develop written policies to implement the provisions of proposed law, which shall be
published on its website, on the website of each school under its jurisdiction, and in each
school's policy and procedure manual or student handbook, as applicable.
Proposed law authorizes school governing authorities to collect debt by submitting it to the secretary
of the Dept. of Revenue, once per year; requires the secretary to make an offset of such debt against
any refund or overpayment of La. individual income tax in which the individual owing the debt has
an interest and remit such offset to the school governing authority. Provides that not less than 15
days prior to submitting such debt to the secretary,
the school governing authority shall notify the parent of the debt amount, in writing, by certified mail
in order to give the parent opportunity to pay such debt.
(Adds R.S. 17:192(C), 192.2, and 3996(B)(59); Repeals R.S. 17:192.1)