EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0971*
SENATE BILL 971
F1 2lr3271
CF HB 857
By: Senator Young
Introduced and read first time: February 15, 2022
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Education – Concentration of Poverty School Grant Program – School Lunch 2
FOR the purpose of requiring an eligible school that receives a per pupil grant under the 3
Concentration of Poverty School Grant Program to provide free school lunch to each 4
student at the eligible school under certain circumstances; prohibiting a county 5
board of education from charging students for school lunch at an eligible school; 6
requiring certain funding to be provided in the State budget to provide certain 7
students with free school lunch; and generally relating to school lunch programs at 8
Concentration of Poverty School Grant Program schools. 9
BY repealing and reenacting, without amendments, 10
Article – Education 11
Section 5–223(a)(1), (4), (8), and (9) and (b)(1) 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Education 16
Section 5–223(f) and 7–602 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Education 22
5–223. 23
(a) (1) In this section the following words have the meanings indicated. 24 2 SENATE BILL 971
(4) (i) “Eligible school” means: 1
1. For the personnel grant, a public school, including a public 2
charter school, with a concentration of poverty level of: 3
A. For fiscal year 2020, at least 80%; 4
B. For fiscal year 2021, at least 75%; 5
C. For fiscal year 2022, at least 70%; 6
D. For fiscal year 2023, at least 65%; 7
E. For fiscal year 2024, at least 60%; and 8
F. For fiscal year 2025, and each fiscal year thereafter, at 9
least 55%; and 10
2. For the per pupil grant, a public school, including a public 11
charter school, with a concentration of poverty level of: 12
A. For fiscal year 2022, at least 80%; 13
B. For fiscal year 2023, at least 75%; 14
C. For fiscal year 2024, at least 70%; 15
D. For fiscal year 2025, at least 65%; 16
E. For fiscal year 2026, at least 60%; and 17
F. For fiscal year 2027, and each fiscal year thereafter, at 18
least 55%. 19
(ii) “Eligible school” includes an alternative option program in the 20
local school system if the students in the program are not included in the count of eligible 21
students for another program or school to determine eligibility for the concentration of 22
poverty grant. 23
(iii) “Eligible school” does not include a school that is eligible to 24
receive funding under this section but has closed. 25
(8) “Per pupil grant amount” means, for all eligible schools in the county, 26
the per pupil amount for each eligible school calculated under subsection (d) of this section 27
multiplied by the number of eligible students in the school. 28
SENATE BILL 971 3
(9) “Per pupil maximum amount” means: 1
(i) For fiscal year 2022, $3,374.48; and 2
(ii) For each subsequent fiscal year, the prior fiscal year amount 3
increased by the inflation adjustment. 4
(b) (1) There is a Concentration of Poverty School Grant Program in the State. 5
(f) (1) Each eligible school shall use the per pupil grant to provide wraparound 6
services and other programs and services identified in the eligible school’s needs 7
assessment plan. 8
(2) (I) BEGINNING THE YEAR TH AT AN ELIGIBLE SCHOO L 9
RECEIVES A PER PUPIL GRANT, THE ELIGIBLE SCHOOL SHALL PROVIDE FREE 10
SCHOOL LUNCH TO EACH STUDENT AT THE ELIGI BLE SCHOOL. 11
(II) AN ELIGIBLE SCHOOL SH ALL USE STATE FUNDING UNDER § 12
7–602(F) OF THIS ARTICLE TO M EET THE REQUIREMENT UNDER SUBPARAGRAPH (I) 13
OF THIS PARAGRAPH . 14
[(2)] (3) (i) Except as provided in subparagraph (ii) of this paragraph, 15
if a local school system has at least 40 eligible schools, the county board may, on behalf of 16
the eligible schools, expend no more than 50% of the funds distributed for the per pupil 17
grant, provided that a plan is developed in consultation with the eligible schools that 18
ensures that the requirements of paragraph (1) of this subsection are met and the plan is 19
submitted to the Accountability and Implementation Board under § 5–402 of this article. 20
(ii) Subparagraph (i) of this paragraph does not apply to a public 21
charter school unless the public charter school chooses to participate in the plan. 22
[(3)] (4) A local school system may request flexibility in distributing 23
funds through the Accountability and Implementation Board appeal process under § 5–406 24
of this title. 25
7–602. 26
(a) There is a State Free Feeding Program. 27
(b) (1) Each year the State Superintendent shall determine the amount of 28
State money required to provide the Program in accordance with the standards adopted by 29
the State Board under this subtitle. 30
(2) The amount included for this Program in the annual State budget, 31
including any federal funds, and as submitted to and appropriated by the General 32 4 SENATE BILL 971
Assembly, shall be distributed to the county boards and participating nonpublic schools in 1
the same manner as the process established under § 5–212 of this article. 2
(c) (1) A nonpublic school in the State that participates in the federal School 3
Breakfast Program or the National School Lunch Program may participate in the State free 4
feeding program. 5
(2) If a nonpublic school participates in the State free feeding program, the 6
State shall be responsible for reimbursing the participating nonpublic school under 7
subsection (d) of this section. 8
(d) The State shall be responsible for reimbursing a county board or a 9
participating nonpublic school for the student share of the costs of: 10
(1) Breakfasts provided to all students eligible for a reduced price breakfast 11
under the federal School Breakfast Program according to the following schedule: 12
(i) For fiscal year 2020, 10 cents per student; 13
(ii) For fiscal year 2021, 20 cents per student; and 14
(iii) For fiscal year 2022 and each fiscal year thereafter, the greater 15
of 30 cents per student or the required federal per meal charge to students; and 16
(2) Lunches provided to all students eligible for a reduced price lunch 17
under the National School Lunch Program according to the following schedule: 18
(i) For fiscal year 2020, 10 cents per student; 19
(ii) For fiscal year 2021, 20 cents per student; 20
(iii) For fiscal year 2022, 30 cents per student; and 21
(iv) For fiscal year 2023 and each fiscal year thereafter, the greater 22
of 40 cents per student or the required federal per meal charge to students. 23
(e) (1) Beginning in fiscal year 2022, a county board or participating nonpublic 24
school may not charge a student who is eligible for a reduced price breakfast for any portion 25
of the cost of the meal. 26
(2) Beginning in fiscal year 2023, a county board or participating nonpublic 27
school may not charge a student who is eligible for a reduced price lunch for any portion of 28
the cost of the meal. 29
(F) (1) IN THIS SUBSECTION , “ELIGIBLE SCHOOL ” HAS THE MEANING 30
STATED IN § 5–223(A)(4) OF THIS ARTICLE. 31
SENATE BILL 971 5
(2) BEGINNING IN FISCAL Y EAR 2024, A COUNTY BOARD MAY N OT 1
CHARGE A STUDENT IN AN ELIGIBLE SCHOOL F OR ANY PORTION OF TH E COST OF 2
SCHOOL LUNCH . 3
(3) (I) THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET 4
BILL AN APPROPRIATIO N TO COVER THE COST OF SCHOOL LUNCH FO R EACH 5
STUDENT AT EACH ELIG IBLE SCHOOL MINUS : 6
1. ANY FEDERAL FUNDS AVA ILABLE TO A COUNTY 7
BOARD TO MEET THE RE QUIREMENTS UNDER § 5–223(F)(2) OF THIS ARTICLE; AND 8
2. ANY STATE FUNDS PROVIDED UNDER SUBSECTION 9
(B) OF THIS SECTION. 10
(II) TO RECEIVE FUNDING UNDER SUBP ARAGRAPH (I) OF THIS 11
PARAGRAPH , THE COUNTY BOARD FOR AN ELIGIBLE SCHOOL S HALL: 12
1. APPLY TO PARTICIPATE IN THE U.S. DEPARTMENT 13
OF AGRICULTURE COMMUNITY ELIGIBILITY PROVISION IF THE COUN TY BOARD IS 14
ELIGIBLE FOR THE PRO GRAM; AND 15
2. APPLY TO PARTICIPATE IN ANY OTHER FEDERAL 16
PROGRAMS THAT PROVID E REIMBURSEMENT TO A COUNTY BOARD FOR SCH OOL 17
MEALS. 18
SECTION 2. AND BE IT FURTHER ENACTED, That the State shall provide 19
funding in fiscal year 2023 to county boards of education to continue to provide free school 20
meals to students in the county in the same manner as the county board provided free 21
school meals under the federal Coronavirus Aid, Relief, and Economic Security (CARES) 22
Act. 23
SECTION 3. AND BE IT FURTHER ENACTED, That this Act s hall take effect July 24
1, 2022. 25