Maryland 2023 Regular Session

Maryland House Bill HB628 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0628
6	6
7	7	HOUSE BILL 628
8	8	F1 3lr1189
9	9	CF 3lr2675
10	10	By: Delegates Reznik, Attar, Atterbeary, D. Barnes, Boafo, Cardin, Charkoudian,
11	11	Crutchfield, Fair, Feldmark, Foley, Forbes, Grossman, Guyton, Healey,
12	12	Henson, Kaufman, McCaskill, Metzgar, Mireku –North, Palakovich Carr,
13	13	Pasteur, Queen, Ruth, Shetty, Solomon, Stein, Terrasa, Vogel, Watson, and
14	14	Wilkins
15	15	Introduced and read first time: February 3, 2023
16	16	Assigned to: Ways and Means
17	17
18	18	A BILL ENTITLED
19	19
20	20	AN ACT concerning 1
21	21
22	22	Primary and Secondary Education – Breakfast and Lunch Programs – Universal 2
23	23	Expansion 3
24	24
25	25	FOR the purpose of altering the standards of the State Free Feeding Program, beginning 4
26	26	in a certain fiscal year, to require that if a school participates in a certain federal 5
27	27	nutritional program, then each student in the school must be offered a meal at no 6
28	28	cost to the student; providing for the reimbursement rate at which the State shall 7
29	29	pay county boards and participating nonpublic schools for the free meals offered to 8
30	30	students; prohibiting a county board or nonpublic school from charging a student any 9
31	31	portion of the cost of a certain breakfast or lunch; and generally relating to the 10
32	32	expansion of breakfast and lunch meals to all students in participating schools. 11
33	33
34	34	BY repealing and reenacting, with amendments, 12
35	35	Article – Education 13
36	36	Section 7–601, 7–602, and 7–702 14
37	37	Annotated Code of Maryland 15
38	38	(2022 Replacement Volume) 16
39	39
40	40	BY adding to 17
41	41	Article – Education 18
42	42	Section 7–606 19
43	43	Annotated Code of Maryland 20
44	44	(2022 Replacement Volume) 21
45	45
46	46	BY repealing and reenacting, without amendments, 22
47	47	Article – Education 23
48	48	Section 7–701 24 2 HOUSE BILL 628
49	49
50	50
51	51	Annotated Code of Maryland 1
52	52	(2022 Replacement Volume) 2
53	53
54	54	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 3
55	55	That the Laws of Maryland read as follows: 4
56	56
57	57	Article – Education 5
58	58
59	59	7–601. 6
60	60
61	61	(a) The State Board shall adopt and publish standards for the administration of 7
62	62	the free feeding program. 8
63	63
64	64	(b) The standards shall [provide for eligibility requirements for the program] 9
65	65	ENSURE THAT , BEGINNING IN FISCAL YEAR 2025: 10
66	66
67	67	(1) IF A SCHOOL PARTICIPATE S IN THE FEDERAL SCHOOL 11
68	68	BREAKFAST PROGRAM BY PROVIDING A FREE OR REDUCED PRIC E BREAKFAST TO A 12
69	69	STUDENT, THEN EACH STUDENT IN THE SCHOOL SHALL BE OFFERED A FREE 13
70	70	BREAKFAST THAT MEETS THE U.S. DEPARTMENT OF AGRICULTURE NUTRITION 14
71	71	STANDARDS UNDER THE PROGRAM ; AND 15
72	72
73	73	(2) IF A SCHOOL PARTICIPATE S IN THE NATIONAL SCHOOL LUNCH 16
74	74	PROGRAM BY PROVIDING A FREE OR REDUCED PRIC E LUNCH TO A STUDENT , THEN 17
75	75	EACH STUDENT IN THE SCHOO L SHALL BE OFFERED A FREE LUNCH THAT MEETS THE 18
76	76	U.S. DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS UNDER THE 19
77	77	PROGRAM . 20
78	78
79	79	7–602. 21
80	80
81	81	(a) There is a State Free Feeding Program. 22
82	82
83	83	(b) (1) Each year the State Superintendent shall determine the amount of 23
84	84	State money required to provide the Program in accordance with the standards adopted by 24
85	85	the State Board under this subtitle. 25
86	86
87	87	(2) The amount included for this Program in the annual State budget, 26
88	88	including any federal funds, and as submitted to and appropriated by the General 27
89	89	Assembly, shall be distributed to the county boards and participating nonpublic schools in 28
90	90	the same manner as the process established under [§ 5–212] § 5–205 of this article. 29
91	91
92	92	(c) (1) A nonpublic school in the State that participates in the federal School 30
93	93	Breakfast Program or the National School Lunch Program may participate in the State free 31
94	94	feeding program. 32
95	95	HOUSE BILL 628 3
96	96
97	97
98	98	(2) If a nonpublic school participates in the State free feeding program, the 1
99	99	State shall be responsible for reimbursing the participating nonpublic school under 2
100	100	subsection (d) of this section. 3
101	101
102	102	(d) (1) [The] EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 4
103	103	SUBSECTION, THE State shall be responsible for reimbursing a county board or a 5
104	104	participating nonpublic school for the student share of the costs of: 6
105	105
106	106	[(1)] (I) Breakfasts provided to all students eligible for a reduced price 7
107	107	breakfast under the federal School Breakfast Program according to the following schedule: 8
108	108
109	109	[(i)] 1. For fiscal year 2020, 10 cents per student; 9
110	110
111	111	[(ii)] 2. For fiscal year 2021, 20 cents per student; and 10
112	112
113	113	[(iii)] 3. For fiscal year 2022 and each fiscal year thereafter, the 11
114	114	greater of 30 cents per student or the required federal per meal charge to students; and 12
115	115
116	116	[(2)] (II) Lunches provided to all students eligible for a reduced price 13
117	117	lunch under the National School Lunch Program according to the following schedule: 14
118	118
119	119	[(i)] 1. For fiscal year 2020, 10 cents per student; 15
120	120
121	121	[(ii)] 2. For fiscal year 2021, 20 cents per student; 16
122	122
123	123	[(iii)] 3. For fiscal year 2022, 30 cents per student; and 17
124	124
125	125	[(iv)] 4. For fiscal year 2023 and each fiscal year thereafter, the 18
126	126	greater of 40 cents per student or the required federal per meal charge to students. 19
127	127
128	128	(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , FOR 20
129	129	FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE STATE SHALL BE 21
130	130	RESPONSIBLE FOR REIM BURSING A COUNTY BOA RD OR A PARTICIPATIN G 22
131	131	NONPUBLIC SCHOOL FOR THE COST OF: 23
132	132
133	133	1. OFFERING EACH STUDENT IN A PARTICIPATING 24
134	134	SCHOOL A FREE BREAKFAST THAT QUALIFIES UNDER THE U.S. DEPARTMENT OF 25
135	135	AGRICULTURE REIMBURSABLE GUIDELI NES; AND 26
136	136
137	137	2. OFFERING EACH STUDENT IN A PARTICIPATING 27
138	138	SCHOOL A FREE LUNCH THAT QUALIFIES UNDER THE U.S. DEPARTMENT OF 28
139	139	AGRICULTURE REIMBURSA BLE GUIDELINES . 29
140	140
141	141	(II) 1. IN CALCULATING THE COST OF REIMBURSING A 30
142	142	COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 31 4 HOUSE BILL 628
143	143
144	144
145	145	ELIGIBLE FOR A REDUC ED PRICE BREAKFAST O R LUNCH, THE STATE SHALL USE THE 1
146	146	REIMBURSEMENT RATE LISTED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 2
147	147
148	148	2. IN CALCULATING THE COST OF REIMBURSING A 3
149	149	COUNTY BOARD OR PARTICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 4
150	150	NOT COVERED UNDER SU BSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH : 5
151	151
152	152	A. IF THE STUDENT ATTENDS A SCHOOL THAT 6
153	153	PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 7
154	154	NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 8
155	155	FEDERAL FUNDS ALLOCA TED TO THE SCHOOL UNDER THE COMMUNITY ELIGIBILITY 9
156	156	PROVISION AND THE COST OF OFFE RING EACH S TUDENT IN THE SCHOOL A MEAL; 10
157	157	AND 11
158	158
159	159	B. IF THE STUDENT DOES N OT ATTEND A SCHOOL THAT 12
160	160	PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 13
161	161	NUTRITION PROGRAM S, THE STATE SHALL PAY THE DIFFERENCE BETWE EN THE 14
162	162	APPLICABLE FREE MEAL RATE AND THE APPLICABLE PAID MEAL RATE, AS SET 15
163	163	ANNUALLY BY THE U.S. SECRETARY OF AGRICULTURE UNDER § 42 U.S.C. 1759A. 16
164	164
165	165	(e) (1) Beginning in fiscal year 2022, a county board or participating nonpublic 17
166	166	school may not charge a student who is eligible for a reduced price breakfast for any portion 18
167	167	of the cost of the meal. 19
168	168
169	169	(2) Beginning in fiscal year 2023, a county board or participating nonpublic 20
170	170	school may not charge a student who is eligible for a reduced price lunch for any portion of 21
171	171	the cost of the meal. 22
172	172
173	173	(3) BEGINNING IN FISCAL Y EAR 2025, A COUNTY BOARD OR 23
174	174	PARTICIPATING NONPUB LIC SCHOOL MAY NOT CHARGE ANY S TUDENT ANY PORTION 24
175	175	OF THE COST OF A BRE AKFAST THAT MEETS TH E NUTRITIONAL STANDARD S OF THE 25
176	176	FEDERAL SCHOOL BREAKFAST PROGRAM OR A LUNCH THAT MEETS T HE 26
177	177	NUTRITIONAL STANDARD S OF THE NATIONAL SCHOOL LUNCH PROGRAM. 27
178	178
179	179	7–606. 28
180	180
181	181	IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE STATE, EACH 29
182	182	COUNTY BOARD , AND PARTICIPATING NO NPUBLIC SCHOOLS MAXIMIZE THE USE OF 30
183	183	ALL AVAILABLE FEDERA L FUNDS IN CARRYING OUT THE RE QUIREMENTS OF THE 31
184	184	STATE FREE FEEDING PR OGRAM. 32
185	185
186	186	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 33
187	187	as follows: 34
188	188	HOUSE BILL 628 5
189	189
190	190
191	191	Article – Education 1
192	192
193	193	7–701. 2
194	194
195	195	(a) (1) The State Board shall require each county board to provide in each 3
196	196	elementary school a free breakfast, unless the school is exempted under § 7–702 of this 4
197	197	subtitle. 5
198	198
199	199	(2) (i) A nonpublic elementary school may provide a free breakfast 6
200	200	program in accordance with this subtitle. 7
201	201
202	202	(ii) If a nonpublic elementary school provides a free breakfast 8
203	203	program, the participating nonpublic elementary school shall be eligible for the State 9
204	204	reimbursement of the student share of the costs for those breakfasts under § 7–703 of this 10
205	205	article. 11
206	206
207	207	(b) The free breakfast required to be provided under this section shall meet the 12
208	208	standards of the United States Department of Agriculture. 13
209	209
210	210	7–702. 14
211	211
212	212	[(a)] The State Superintendent shall exempt any elementary school from the 15
213	213	requirements of this subtitle if: 16
214	214
215	215	(1) (i) The school has made a breakfast program available for at least 3 17
216	216	consecutive months; and 18
217	217
218	218	(ii) The participation is less than 25% of the number of students 19
219	219	eligible for free and reduced price eligible meals in each month; OR 20
220	220
221	221	(2) (i) The county board approves an alternative nutrition program that 21
222	222	the school has instituted; 22
223	223
224	224	(ii) The school regularly conducts an assessment of the alternative 23
225	225	program that provides evidence of success in achieving program objectives; and 24
226	226
227	227	(iii) The school submits an annual report of the assessment to the 25
228	228	county board and the State[; 26
229	229
230	230	(3) (i) The school requests an exemption for reasons of a compelling 27
231	231	nature to the county board; and 28
232	232
233	233	(ii) After review and approval, the county board submits the request 29
234	234	for exemption to the State Superintendent; or 30
235	235
236	236	(4) The school has less than 15% of its enrollment approved for free and 31
237	237	reduced price eligible meals]. 32 6 HOUSE BILL 628
238	238
239	239
240	240
241	241	[(b) The exemption in subsection (a)(4) of this section shall continue from year to 1
242	242	year without the need for reapplication, until there is a 10% increase in the number of 2
243	243	students approved for free and reduced price eligible meals.] 3
244	244
245	245	SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 4
246	246	effect July 1, 2024. 5
247	247
248	248	SECTION 4. AND BE IT FURTHER ENACTED, That , except as provided in Section 6
249	249	3 of this Act, this Act shall take effect July 1, 2023. 7