MD
Maryland House Bill HB386

Maryland 2024 Regular Session

Maryland House Bill HB386 Compare Versions

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1- WES MOORE, Governor Ch. 61
21
3-– 1 –
4-Chapter 61
5-(House Bill 386)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0386*
89
9-Maryland Meals for Achievement In –Classroom Breakfast Program –
10-Alterations
11-(Maryland Meals for Achievement Flexibility Act of 2024)
10+HOUSE BILL 386
11+F1 4lr1557
12+ CF SB 425
13+By: Delegate Feldmark
14+Introduced and read first time: January 17, 2024
15+Assigned to: Ways and Means
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: February 13, 2024
1219
13-FOR the purpose of clarifying that secondary schools participating in the Maryland Meals
14-for Achievement In–Classroom Breakfast Program may serve breakfast in any
15-broadly accessible part of the school; authorizing elementary schools participating in
16-the Program, subject to certain approval and allowances, to serve breakfast in any
17-broadly accessible part of the school, including from “Grab and Go” carts; and
18-generally relating to the Maryland Meals for Achievement In–Classroom Breakfast
19-Program.
20+CHAPTER ______
2021
21-BY repealing and reenacting, with amendments,
22- Article – Education
23-Section 7–704
24- Annotated Code of Maryland
25- (2022 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2623
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
24+Maryland Meals for Achievement In –Classroom Breakfast Program – 2
25+Alterations 3
26+(Maryland Meals for Achievement Flexibility Act of 2024) 4
2927
30-Article – Education
28+FOR the purpose of clarifying that secondary schools participating in the Maryland Meals 5
29+for Achievement In–Classroom Breakfast Program may serve breakfast in any 6
30+broadly accessible part of the school; authorizing elementary schools participating in 7
31+the Program, subject to certain approval and allowances, to serve breakfast in any 8
32+broadly accessible part of the school, including from “Grab and Go” carts; and 9
33+generally relating to the Maryland Meals for Achievement In–Classroom Breakfast 10
34+Program. 11
3135
32-7–704.
36+BY repealing and reenacting, with amendments, 12
37+ Article – Education 13
38+Section 7–704 14
39+ Annotated Code of Maryland 15
40+ (2022 Replacement Volume and 2023 Supplement) 16
3341
34- (a) (1) In this section the following words have the meanings indicated.
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
43+That the Laws of Maryland read as follows: 18
3544
36- (2) “Program” means the Maryland Meals for Achievement In–Classroom
37-Breakfast Program.
45+Article – Education 19
3846
39- (3) “Secondary schools” includes middle schools and high schools.
47+7–704. 20
48+ 2 HOUSE BILL 386
4049
41- (b) (1) There is a school breakfast program in the State, known as the
42-Maryland Meals for Achievement In–Classroom Breakfast Program.
4350
44- (2) The Program is a joint effort of the Department and the county boards
45-or sponsoring agencies for eligible nonpublic schools.
51+ (a) (1) In this section the following words have the meanings indicated. 1
4652
47- (c) (1) The purpose of the Program is to provide funding for a school that
48-makes an in–classroom breakfast available to all students in the school.
49- Ch. 61 2024 LAWS OF MARYLAND
53+ (2) “Program” means the Maryland Meals for Achievement In–Classroom 2
54+Breakfast Program. 3
5055
51-– 2 –
52- (2) The funding is intended to complement the funding received by a school
53-from the federal government for a school breakfast program.
56+ (3) “Secondary schools” includes middle schools and high schools. 4
5457
55- (d) The Department shall:
58+ (b) (1) There is a school breakfast program in the State, known as the 5
59+Maryland Meals for Achievement In–Classroom Breakfast Program. 6
5660
57- (1) Develop an application form for a school that desires to participate in
58-the Program;
61+ (2) The Program is a joint effort of the Department and the county boards 7
62+or sponsoring agencies for eligible nonpublic schools. 8
5963
60- (2) Ensure that the schools that participate in the Program represent
61-geographic and socioeconomic balance statewide;
64+ (c) (1) The purpose of the Program is to provide funding for a school that 9
65+makes an in–classroom breakfast available to all students in the school. 10
6266
63- (3) Subject to subsection (e) of this section, ensure that a school that
64-participates in the Program is a school at which at least 40% of the registered students are
65-eligible for the federal free or reduced price meal program;
67+ (2) The funding is intended to complement the funding received by a school 11
68+from the federal government for a school breakfast program. 12
6669
67- (4) Select schools to participate in the Program, ensuring that an annual
68-evaluation of the Program is conducted by the Department;
70+ (d) The Department shall: 13
6971
70- (5) Annually review and set the meal reimbursement rate for schools that
71-participate in the Program to complement the federal meal reimbursement rate determined
72-under § 7–703 of this subtitle; and
72+ (1) Develop an application form for a school that desires to participate in 14
73+the Program; 15
7374
74- (6) Disburse the Program funds to the county board or the sponsoring
75-agency.
75+ (2) Ensure that the schools that participate in the Program represent 16
76+geographic and socioeconomic balance statewide; 17
7677
77- (e) (1) If a school that participates in the Program has less than 40% of the
78-registered students eligible for the federal free or reduced price meal plan, the school shall
79-remain eligible to participate in the Program for 1 year.
78+ (3) Subject to subsection (e) of this section, ensure that a school that 18
79+participates in the Program is a school at which at least 40% of the registered students are 19
80+eligible for the federal free or reduced price meal program; 20
8081
81- (2) If, after 1 year, the school’s percent of registered students eligible for
82-the federal free or reduced price meal plan is less than 40%, the school is no longer eligible
83-to participate in the Program.
82+ (4) Select schools to participate in the Program, ensuring that an annual 21
83+evaluation of the Program is conducted by the Department; 22
8484
85- (f) A county board or a sponsoring agency for an eligible nonpublic school shall:
85+ (5) Annually review and set the meal reimbursement rate for schools that 23
86+participate in the Program to complement the federal meal reimbursement rate determined 24
87+under § 7–703 of this subtitle; and 25
8688
87- (1) Apply to the Department for funds for schools within the jurisdiction of
88-the board or for schools that are under the sponsoring agency that:
89+ (6) Disburse the Program funds to the county board or the sponsoring 26
90+agency. 27
8991
90- (i) Are eligible to participate in the Program; and
92+ (e) (1) If a school that participates in the Program has less than 40% of the 28
93+registered students eligible for the federal free or reduced price meal plan, the school shall 29
94+remain eligible to participate in the Program for 1 year. 30
95+ HOUSE BILL 386 3
9196
92- (ii) Apply to the board or to the sponsoring agency to participate in
93-the Program; and
9497
95- (2) Submit an annual report to the Department on the Program, including
96-the manner in which the funds have been expended.
97- WES MOORE, Governor Ch. 61
98+ (2) If, after 1 year, the school’s percent of registered students eligible for 1
99+the federal free or reduced price meal plan is less than 40%, the school is no longer eligible 2
100+to participate in the Program. 3
98101
99-– 3 –
100- (g) A school that participates in the Program shall:
102+ (f) A county board or a sponsoring agency for an eligible nonpublic school shall: 4
101103
102- (1) Implement an in–classroom breakfast program in which all students in
103-the school may participate regardless of family income;
104+ (1) Apply to the Department for funds for schools within the jurisdiction of 5
105+the board or for schools that are under the sponsoring agency that: 6
104106
105- (2) Serve a breakfast that meets the guidelines of the Department and the
106-nutritional standards of the United States Department of Agriculture for schools that
107-participate in the federal school breakfast program;
107+ (i) Are eligible to participate in the Program; and 7
108108
109- (3) Except as provided in subsection (h) of this section, serve the breakfast
110-in the classroom after the arrival of students to the school;
109+ (ii) Apply to the board or to the sponsoring agency to participate in 8
110+the Program; and 9
111111
112- (4) Collect the data that the county board or the sponsoring agency and the
113-Department require from participants in the Program; and
112+ (2) Submit an annual report to the Department on the Program, including 10
113+the manner in which the funds have been expended. 11
114114
115- (5) Submit an annual report to the county board or the sponsoring agency.
115+ (g) A school that participates in the Program shall: 12
116116
117- (h) (1) Secondary schools may serve breakfast in any BROADLY ACCESSIBLE
118-part of the school, including from “Grab and Go” carts after the arrival of students to the
119-school.
117+ (1) Implement an in–classroom breakfast program in which all students in 13
118+the school may participate regardless of family income; 14
120119
121- (2) IF APPROVED BY THE DEPARTMENT AND THE APPLICABLE
122-COUNTY BOARD , ELEMENTARY SCHOOLS M AY SERVE BREAKFAST I N ANY BROADLY
123-ACCESSIBLE PART OF T HE SCHOOL, INCLUDING FROM “GRAB AND GO” CARTS
124-AFTER THE ARRIVAL OF STUDENTS TO THE SCHO OL, PROVIDED THAT STUDEN TS ARE
125-ALLOWED TO CONSUME THE MEAL IN THE CLASSROOM AFTER THE START OF THE
126-SCHOOL DAY.
120+ (2) Serve a breakfast that meets the guidelines of the Department and the 15
121+nutritional standards of the United States Department of Agriculture for schools that 16
122+participate in the federal school breakfast program; 17
127123
128- (i) The employee organization that is the exclusive representative of the
129-certificated public school employees of a county board and the employee organization that
130-is the exclusive representative of the noncertificated employees of a county board and the
131-county board shall negotiate the terms of the participation of the employees in the Program.
124+ (3) Except as provided in subsection (h) of this section, serve the breakfast 18
125+in the classroom after the arrival of students to the school; 19
132126
133- (j) The Governor shall include in the annual budget bill an appropriation of
134-$12,050,000 to the Program.
127+ (4) Collect the data that the county board or the sponsoring agency and the 20
128+Department require from participants in the Program; and 21
135129
136- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
137-1, 2024.
130+ (5) Submit an annual report to the county board or the sponsoring agency. 22
138131
139-Approved by the Governor, April 9, 2024.
132+ (h) (1) Secondary schools may serve breakfast in any BROADLY ACCESSIBLE 23
133+part of the school, including from “Grab and Go” carts after the arrival of students to the 24
134+school. 25
135+
136+ (2) IF APPROVED BY THE DEPARTMENT AND THE APPLICABLE 26
137+COUNTY BOARD , ELEMENTARY SCHOOLS M AY SERVE BREAKFAST I N ANY BROADLY 27
138+ACCESSIBLE PART OF T HE SCHOOL, INCLUDING FROM “GRAB AND GO” CARTS 28
139+AFTER THE ARRIVAL OF STUDENTS TO THE SCHO OL, PROVIDED THAT STUDEN TS ARE 29
140+ALLOWED TO CONSUME THE MEAL IN THE CLASSROOM AFTER THE START OF THE 30
141+SCHOOL DAY. 31
142+ 4 HOUSE BILL 386
143+
144+
145+ (i) The employee organization that is the exclusive representative of the 1
146+certificated public school employees of a county board and the employee organization that 2
147+is the exclusive representative of the noncertificated employees of a county board and the 3
148+county board shall negotiate the terms of the participation of the employees in the Program. 4
149+
150+ (j) The Governor shall include in the annual budget bill an appropriation of 5
151+$12,050,000 to the Program. 6
152+
153+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
154+1, 2024. 8
155+
156+
157+
158+Approved:
159+________________________________________________________________________________
160+ Governor.
161+________________________________________________________________________________
162+ Speaker of the House of Delegates.
163+________________________________________________________________________________
164+ President of the Senate.