EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0628*
HOUSE BILL 628
F1 3lr1189
CF 3lr2675
By: Delegates Reznik, Attar, Atterbeary, D. Barnes, Boafo, Cardin, Charkoudian,
Crutchfield, Fair, Feldmark, Foley, Forbes, Grossman, Guyton, Healey,
Henson, Kaufman, McCaskill, Metzgar, Mireku –North, Palakovich Carr,
Pasteur, Queen, Ruth, Shetty, Solomon, Stein, Terrasa, Vogel, Watson, and
Wilkins
Introduced and read first time: February 3, 2023
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Primary and Secondary Education – Breakfast and Lunch Programs – Universal 2
Expansion 3
FOR the purpose of altering the standards of the State Free Feeding Program, beginning 4
in a certain fiscal year, to require that if a school participates in a certain federal 5
nutritional program, then each student in the school must be offered a meal at no 6
cost to the student; providing for the reimbursement rate at which the State shall 7
pay county boards and participating nonpublic schools for the free meals offered to 8
students; prohibiting a county board or nonpublic school from charging a student any 9
portion of the cost of a certain breakfast or lunch; and generally relating to the 10
expansion of breakfast and lunch meals to all students in participating schools. 11
BY repealing and reenacting, with amendments, 12
Article – Education 13
Section 7–601, 7–602, and 7–702 14
Annotated Code of Maryland 15
(2022 Replacement Volume) 16
BY adding to 17
Article – Education 18
Section 7–606 19
Annotated Code of Maryland 20
(2022 Replacement Volume) 21
BY repealing and reenacting, without amendments, 22
Article – Education 23
Section 7–701 24 2 HOUSE BILL 628
Annotated Code of Maryland 1
(2022 Replacement Volume) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 3
That the Laws of Maryland read as follows: 4
Article – Education 5
7–601. 6
(a) The State Board shall adopt and publish standards for the administration of 7
the free feeding program. 8
(b) The standards shall [provide for eligibility requirements for the program] 9
ENSURE THAT , BEGINNING IN FISCAL YEAR 2025: 10
(1) IF A SCHOOL PARTICIPATE S IN THE FEDERAL SCHOOL 11
BREAKFAST PROGRAM BY PROVIDING A FREE OR REDUCED PRIC E BREAKFAST TO A 12
STUDENT, THEN EACH STUDENT IN THE SCHOOL SHALL BE OFFERED A FREE 13
BREAKFAST THAT MEETS THE U.S. DEPARTMENT OF AGRICULTURE NUTRITION 14
STANDARDS UNDER THE PROGRAM ; AND 15
(2) IF A SCHOOL PARTICIPATE S IN THE NATIONAL SCHOOL LUNCH 16
PROGRAM BY PROVIDING A FREE OR REDUCED PRIC E LUNCH TO A STUDENT , THEN 17
EACH STUDENT IN THE SCHOO L SHALL BE OFFERED A FREE LUNCH THAT MEETS THE 18
U.S. DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS UNDER THE 19
PROGRAM . 20
7–602. 21
(a) There is a State Free Feeding Program. 22
(b) (1) Each year the State Superintendent shall determine the amount of 23
State money required to provide the Program in accordance with the standards adopted by 24
the State Board under this subtitle. 25
(2) The amount included for this Program in the annual State budget, 26
including any federal funds, and as submitted to and appropriated by the General 27
Assembly, shall be distributed to the county boards and participating nonpublic schools in 28
the same manner as the process established under [§ 5–212] § 5–205 of this article. 29
(c) (1) A nonpublic school in the State that participates in the federal School 30
Breakfast Program or the National School Lunch Program may participate in the State free 31
feeding program. 32
HOUSE BILL 628 3
(2) If a nonpublic school participates in the State free feeding program, the 1
State shall be responsible for reimbursing the participating nonpublic school under 2
subsection (d) of this section. 3
(d) (1) [The] EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 4
SUBSECTION, THE State shall be responsible for reimbursing a county board or a 5
participating nonpublic school for the student share of the costs of: 6
[(1)] (I) Breakfasts provided to all students eligible for a reduced price 7
breakfast under the federal School Breakfast Program according to the following schedule: 8
[(i)] 1. For fiscal year 2020, 10 cents per student; 9
[(ii)] 2. For fiscal year 2021, 20 cents per student; and 10
[(iii)] 3. For fiscal year 2022 and each fiscal year thereafter, the 11
greater of 30 cents per student or the required federal per meal charge to students; and 12
[(2)] (II) Lunches provided to all students eligible for a reduced price 13
lunch under the National School Lunch Program according to the following schedule: 14
[(i)] 1. For fiscal year 2020, 10 cents per student; 15
[(ii)] 2. For fiscal year 2021, 20 cents per student; 16
[(iii)] 3. For fiscal year 2022, 30 cents per student; and 17
[(iv)] 4. For fiscal year 2023 and each fiscal year thereafter, the 18
greater of 40 cents per student or the required federal per meal charge to students. 19
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , FOR 20
FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE STATE SHALL BE 21
RESPONSIBLE FOR REIM BURSING A COUNTY BOA RD OR A PARTICIPATIN G 22
NONPUBLIC SCHOOL FOR THE COST OF: 23
1. OFFERING EACH STUDENT IN A PARTICIPATING 24
SCHOOL A FREE BREAKFAST THAT QUALIFIES UNDER THE U.S. DEPARTMENT OF 25
AGRICULTURE REIMBURSABLE GUIDELI NES; AND 26
2. OFFERING EACH STUDENT IN A PARTICIPATING 27
SCHOOL A FREE LUNCH THAT QUALIFIES UNDER THE U.S. DEPARTMENT OF 28
AGRICULTURE REIMBURSA BLE GUIDELINES . 29
(II) 1. IN CALCULATING THE COST OF REIMBURSING A 30
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 31 4 HOUSE BILL 628
ELIGIBLE FOR A REDUC ED PRICE BREAKFAST O R LUNCH, THE STATE SHALL USE THE 1
REIMBURSEMENT RATE LISTED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 2
2. IN CALCULATING THE COST OF REIMBURSING A 3
COUNTY BOARD OR PARTICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 4
NOT COVERED UNDER SU BSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH : 5
A. IF THE STUDENT ATTENDS A SCHOOL THAT 6
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 7
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 8
FEDERAL FUNDS ALLOCA TED TO THE SCHOOL UNDER THE COMMUNITY ELIGIBILITY 9
PROVISION AND THE COST OF OFFE RING EACH S TUDENT IN THE SCHOOL A MEAL; 10
AND 11
B. IF THE STUDENT DOES N OT ATTEND A SCHOOL THAT 12
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 13
NUTRITION PROGRAM S, THE STATE SHALL PAY THE DIFFERENCE BETWE EN THE 14
APPLICABLE FREE MEAL RATE AND THE APPLICABLE PAID MEAL RATE, AS SET 15
ANNUALLY BY THE U.S. SECRETARY OF AGRICULTURE UNDER § 42 U.S.C. 1759A. 16
(e) (1) Beginning in fiscal year 2022, a county board or participating nonpublic 17
school may not charge a student who is eligible for a reduced price breakfast for any portion 18
of the cost of the meal. 19
(2) Beginning in fiscal year 2023, a county board or participating nonpublic 20
school may not charge a student who is eligible for a reduced price lunch for any portion of 21
the cost of the meal. 22
(3) BEGINNING IN FISCAL Y EAR 2025, A COUNTY BOARD OR 23
PARTICIPATING NONPUB LIC SCHOOL MAY NOT CHARGE ANY S TUDENT ANY PORTION 24
OF THE COST OF A BRE AKFAST THAT MEETS TH E NUTRITIONAL STANDARD S OF THE 25
FEDERAL SCHOOL BREAKFAST PROGRAM OR A LUNCH THAT MEETS T HE 26
NUTRITIONAL STANDARD S OF THE NATIONAL SCHOOL LUNCH PROGRAM. 27
7–606. 28
IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE STATE, EACH 29
COUNTY BOARD , AND PARTICIPATING NO NPUBLIC SCHOOLS MAXIMIZE THE USE OF 30
ALL AVAILABLE FEDERA L FUNDS IN CARRYING OUT THE RE QUIREMENTS OF THE 31
STATE FREE FEEDING PR OGRAM. 32
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 33
as follows: 34
HOUSE BILL 628 5
Article – Education 1
7–701. 2
(a) (1) The State Board shall require each county board to provide in each 3
elementary school a free breakfast, unless the school is exempted under § 7–702 of this 4
subtitle. 5
(2) (i) A nonpublic elementary school may provide a free breakfast 6
program in accordance with this subtitle. 7
(ii) If a nonpublic elementary school provides a free breakfast 8
program, the participating nonpublic elementary school shall be eligible for the State 9
reimbursement of the student share of the costs for those breakfasts under § 7–703 of this 10
article. 11
(b) The free breakfast required to be provided under this section shall meet the 12
standards of the United States Department of Agriculture. 13
7–702. 14
[(a)] The State Superintendent shall exempt any elementary school from the 15
requirements of this subtitle if: 16
(1) (i) The school has made a breakfast program available for at least 3 17
consecutive months; and 18
(ii) The participation is less than 25% of the number of students 19
eligible for free and reduced price eligible meals in each month; OR 20
(2) (i) The county board approves an alternative nutrition program that 21
the school has instituted; 22
(ii) The school regularly conducts an assessment of the alternative 23
program that provides evidence of success in achieving program objectives; and 24
(iii) The school submits an annual report of the assessment to the 25
county board and the State[; 26
(3) (i) The school requests an exemption for reasons of a compelling 27
nature to the county board; and 28
(ii) After review and approval, the county board submits the request 29
for exemption to the State Superintendent; or 30
(4) The school has less than 15% of its enrollment approved for free and 31
reduced price eligible meals]. 32 6 HOUSE BILL 628
[(b) The exemption in subsection (a)(4) of this section shall continue from year to 1
year without the need for reapplication, until there is a 10% increase in the number of 2
students approved for free and reduced price eligible meals.] 3
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 4
effect July 1, 2024. 5
SECTION 4. AND BE IT FURTHER ENACTED, That , except as provided in Section 6
3 of this Act, this Act shall take effect July 1, 2023. 7