EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0386*
HOUSE BILL 386
F1 4lr1557
CF SB 425
By: Delegate Feldmark
Introduced and read first time: January 17, 2024
Assigned to: Ways and Means
Committee Report: Favorable
House action: Adopted
Read second time: February 13, 2024
CHAPTER ______
AN ACT concerning 1
Maryland Meals for Achievement In –Classroom Breakfast Program – 2
Alterations 3
(Maryland Meals for Achievement Flexibility Act of 2024) 4
FOR the purpose of clarifying that secondary schools participating in the Maryland Meals 5
for Achievement In–Classroom Breakfast Program may serve breakfast in any 6
broadly accessible part of the school; authorizing elementary schools participating in 7
the Program, subject to certain approval and allowances, to serve breakfast in any 8
broadly accessible part of the school, including from “Grab and Go” carts; and 9
generally relating to the Maryland Meals for Achievement In–Classroom Breakfast 10
Program. 11
BY repealing and reenacting, with amendments, 12
Article – Education 13
Section 7–704 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2023 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Education 19
7–704. 20
2 HOUSE BILL 386
(a) (1) In this section the following words have the meanings indicated. 1
(2) “Program” means the Maryland Meals for Achievement In–Classroom 2
Breakfast Program. 3
(3) “Secondary schools” includes middle schools and high schools. 4
(b) (1) There is a school breakfast program in the State, known as the 5
Maryland Meals for Achievement In–Classroom Breakfast Program. 6
(2) The Program is a joint effort of the Department and the county boards 7
or sponsoring agencies for eligible nonpublic schools. 8
(c) (1) The purpose of the Program is to provide funding for a school that 9
makes an in–classroom breakfast available to all students in the school. 10
(2) The funding is intended to complement the funding received by a school 11
from the federal government for a school breakfast program. 12
(d) The Department shall: 13
(1) Develop an application form for a school that desires to participate in 14
the Program; 15
(2) Ensure that the schools that participate in the Program represent 16
geographic and socioeconomic balance statewide; 17
(3) Subject to subsection (e) of this section, ensure that a school that 18
participates in the Program is a school at which at least 40% of the registered students are 19
eligible for the federal free or reduced price meal program; 20
(4) Select schools to participate in the Program, ensuring that an annual 21
evaluation of the Program is conducted by the Department; 22
(5) Annually review and set the meal reimbursement rate for schools that 23
participate in the Program to complement the federal meal reimbursement rate determined 24
under § 7–703 of this subtitle; and 25
(6) Disburse the Program funds to the county board or the sponsoring 26
agency. 27
(e) (1) If a school that participates in the Program has less than 40% of the 28
registered students eligible for the federal free or reduced price meal plan, the school shall 29
remain eligible to participate in the Program for 1 year. 30
HOUSE BILL 386 3
(2) If, after 1 year, the school’s percent of registered students eligible for 1
the federal free or reduced price meal plan is less than 40%, the school is no longer eligible 2
to participate in the Program. 3
(f) A county board or a sponsoring agency for an eligible nonpublic school shall: 4
(1) Apply to the Department for funds for schools within the jurisdiction of 5
the board or for schools that are under the sponsoring agency that: 6
(i) Are eligible to participate in the Program; and 7
(ii) Apply to the board or to the sponsoring agency to participate in 8
the Program; and 9
(2) Submit an annual report to the Department on the Program, including 10
the manner in which the funds have been expended. 11
(g) A school that participates in the Program shall: 12
(1) Implement an in–classroom breakfast program in which all students in 13
the school may participate regardless of family income; 14
(2) Serve a breakfast that meets the guidelines of the Department and the 15
nutritional standards of the United States Department of Agriculture for schools that 16
participate in the federal school breakfast program; 17
(3) Except as provided in subsection (h) of this section, serve the breakfast 18
in the classroom after the arrival of students to the school; 19
(4) Collect the data that the county board or the sponsoring agency and the 20
Department require from participants in the Program; and 21
(5) Submit an annual report to the county board or the sponsoring agency. 22
(h) (1) Secondary schools may serve breakfast in any BROADLY ACCESSIBLE 23
part of the school, including from “Grab and Go” carts after the arrival of students to the 24
school. 25
(2) IF APPROVED BY THE DEPARTMENT AND THE APPLICABLE 26
COUNTY BOARD , ELEMENTARY SCHOOLS M AY SERVE BREAKFAST I N ANY BROADLY 27
ACCESSIBLE PART OF T HE SCHOOL, INCLUDING FROM “GRAB AND GO” CARTS 28
AFTER THE ARRIVAL OF STUDENTS TO THE SCHO OL, PROVIDED THAT STUDEN TS ARE 29
ALLOWED TO CONSUME THE MEAL IN THE CLASSROOM AFTER THE START OF THE 30
SCHOOL DAY. 31
4 HOUSE BILL 386
(i) The employee organization that is the exclusive representative of the 1
certificated public school employees of a county board and the employee organization that 2
is the exclusive representative of the noncertificated employees of a county board and the 3
county board shall negotiate the terms of the participation of the employees in the Program. 4
(j) The Governor shall include in the annual budget bill an appropriation of 5
$12,050,000 to the Program. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
1, 2024. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.