EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0696*
HOUSE BILL 696
F1 4lr0863
HB 628/23 – W&M CF SB 579
By: Delegates Palakovich Carr, Allen, Attar, Atterbeary, Bagnall, Bartlett, Boafo,
Charkoudian, Crutchfield, Cullison, Ebersole, Embry, Fair, Feldmark,
Foley, Forbes, Fraser–Hidalgo, Grossman, Guyton, Guzzone, Harris,
Healey, Henson, Hill, Holmes, D. Jones, Kaufman, Kerr, Lehman, R. Lewis,
J. Long, Lopez, Love, McCaskill, Metzgar, Mireku –North, Pasteur,
Patterson, Pena–Melnyk, Qi, Rogers, Rosenberg, Ruth, Shetty, Simmons,
Simpson, Solomon, Spiegel, Stein, Stewart, Taveras, Terrasa, Turner, Vogel,
Wells, White Holland, Wilkins, Williams, Wims, Wolek, Wu, and Ziegler
Introduced and read first time: January 25, 2024
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 adding to 12
Article – Education 13
Section 7–601 and 7–607 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Education 18
Section 7–601 through 7–605 and 7–702 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2023 Supplement) 21
2 HOUSE BILL 696
BY repealing and reenacting, without amendments, 1
Article – Education 2
Section 7–701 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Education 8
7–601. 9
IN THIS SUBTITLE, “PROGRAM” MEANS THE STATE FREE FEEDING PROGRAM. 10
[7–601.] 7–602. 11
(a) The State Board shall adopt and publish standards for the administration of 12
the [free feeding program] PROGRAM. 13
(b) The standards shall [provide for eligibility requirements for the program] 14
ENSURE THAT , BEGINNING IN FISCAL YEAR 2026: 15
(1) IF A SCHOOL PARTICIPA TES IN THE FEDERAL SCHOOL 16
BREAKFAST PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE BREAKFAST TO A 17
STUDENT, EACH STUDENT IN THE SCHOOL SHALL BE OFFE RED A FREE BREAKFAST 18
THAT MEETS THE U.S. DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS 19
UNDER THE FEDERAL SCHOOL BREAKFAST PROGRAM; AND 20
(2) IF A SCHOOL PARTICIPA TES IN THE NATIONAL SCHOOL LUNCH 21
PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE LUNCH TO A STUDE NT, EACH 22
STUDENT IN THE SCHOO L SHALL BE OFFERED A FREE LUNCH THAT MEET S THE U.S. 23
DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS UNDER THE NATIONAL 24
SCHOOL LUNCH PROGRAM. 25
[7–602.] 7–603. 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 HOUSE BILL 696 3
Assembly, shall be distributed to the county boards and participating nonpublic schools in 1
the same manner as the process established under § 5–205 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 4
free feeding program] PROGRAM. 5
(2) If a nonpublic school participates in the [State free feeding program] 6
PROGRAM, the State shall be responsible for reimbursing the participating nonpublic 7
school under subsection (d) of this section. 8
(d) (1) [The] EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 9
SUBSECTION, THE State shall be responsible for reimbursing a county board or a 10
participating nonpublic school for the student share of the costs of: 11
[(1)] (I) Breakfasts provided to all students eligible for a reduced price 12
breakfast under the federal School Breakfast Program according to the following schedule: 13
[(i)] 1. For fiscal year 2020, 10 cents per student; 14
[(ii)] 2. For fiscal year 2021, 20 cents per student; and 15
[(iii)] 3. For fiscal year 2022 and each fiscal year thereafter, the 16
greater of 30 cents per student or the required federal per meal charge to students; and 17
[(2)] (II) Lunches provided to all students eligible for a reduced price 18
lunch under the National School Lunch Program according to the following schedule: 19
[(i)] 1. For fiscal year 2020, 10 cents per student; 20
[(ii)] 2. For fiscal year 2021, 20 cents per student; 21
[(iii)] 3. For fiscal year 2022, 30 cents per student; and 22
[(iv)] 4. For fiscal year 2023 and each fiscal year thereafter, the 23
greater of 40 cents per student or the required federal per meal charge to students. 24
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , FOR 25
FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , THE STATE SHALL BE 26
RESPONSIBLE FOR REIM BURSING A COUNTY BOA RD OR A PARTICIPATIN G 27
NONPUBLIC SCHOOL FOR THE COST OF: 28
1. OFFERING EACH STUDENT IN A PARTICIPATING 29
SCHOOL A FREE BREAKF AST THAT QUALIFIES U NDER THE U.S. DEPARTMENT OF 30
AGRICULTURE REIMBURSA BLE GUIDELINES ; AND 31 4 HOUSE BILL 696
2. OFFERING EACH STUDENT IN A PARTICIPATING 1
SCHOOL A FREE LUNCH THAT QUALIFIES UNDER THE U.S. DEPARTMENT OF 2
AGRICULTURE REIMBURSA BLE GUIDELINES . 3
(II) 1. IN CALCULATING THE CO ST OF REI MBURSING A 4
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 5
ELIGIBLE FOR A REDUC ED PRICE BREAKFAST O R LUNCH, THE STATE SHALL USE THE 6
REIMBURSEMENT RATE L ISTED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 7
2. IN CALCULATING THE CO ST OF REI MBURSING A 8
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 9
NOT COVERED UNDER SU BSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH : 10
A. IF THE STUDENT ATTEND S A SCHOOL THAT 11
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 12
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 13
APPLICABLE FREE MEAL REIMBURSEMENT RATE A ND THE APPLICABLE PA ID MEAL 14
REIMBURSEMENT RATE , AS SET ANNUALLY BY T HE U.S. SECRETARY OF 15
AGRICULTURE UNDER 42 U.S.C. § 1759A; AND 16
B. IF THE STUDENT DOES NOT ATT END A SCHOOL THAT 17
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 18
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 19
APPLICABLE FREE MEAL RATE AND THE APPLICA BLE PAID MEAL RATE , AS SET 20
ANNUALLY B Y THE U.S. SECRETARY OF AGRICULTURE UNDER 42 U.S.C. § 1759A. 21
(e) (1) Beginning in fiscal year 2022, a county board or participating nonpublic 22
school may not charge a student who is eligible for a reduced price breakfast for any portion 23
of the cost of the meal. 24
(2) Beginning in fiscal year 2023, a county board or participating nonpublic 25
school may not charge a student who is eligible for a reduced price lunch for any portion of 26
the cost of the meal. 27
(3) BEGINNING IN FISCAL Y EAR 2026, A COUNTY BOARD O R 28
PARTICIPATING NONPUB LIC SCHOOL MAY NOT C HARGE ANY STUDENT AN Y PORTION 29
OF THE COST OF A BRE AKFAST THAT MEETS TH E NUTRITIONAL STANDA RDS OF THE 30
FEDERAL SCHOOL BREAKFAST PROGRAM OR A LUNCH TH AT MEETS THE 31
NUTRITIONAL STANDARD S OF THE NATIONAL SCHOOL LUNCH PROGRAM. 32
[7–603.] 7–604. 33
Each public school and participating nonpublic school in this State shall provide a 34 HOUSE BILL 696 5
free feeding program for children who meet the standards adopted by the State Board under 1
this subtitle. 2
[7–604.] 7–605. 3
Funds appropriated for the [free feeding program] PROGRAM shall be used to 4
reimburse each county board and participating nonpublic school for the difference between 5
costs and all available reimbursements and other funds. 6
[7–605.] 7–606. 7
(a) The General Assembly finds the following policies desirable in the 8
administration and application of the [school feeding program] PROGRAM: 9
(1) Private organizations and corporations should be encouraged to 10
participate in the [program] PROGRAM; 11
(2) The identity of children who participate in the [free feeding program] 12
PROGRAM should remain anonymous and positive procedures should be adopted to 13
accomplish this; and 14
(3) Applications for participants in the [program] PROGRAM should be 15
brief and simple, based on a statement of present income and family size or of participation 16
in a social services or welfare program. 17
(b) There may not be discrimination in this [program] PROGRAM for elementary, 18
junior high, and high school students. 19
7–607. 20
IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE STATE, EACH 21
COUNTY BOARD , AND PARTICIPATING NO NPUBLIC SCHOOLS MAXI MIZE THE USE OF 22
ALL AVAILABLE FEDERA L FUNDS IN CARRYING OUT THE REQUIREMENTS OF THE 23
PROGRAM. 24
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 25
as follows: 26
Article – Education 27
7–701. 28
(a) (1) The State Board shall require each county board to provide in each 29
elementary school a free breakfast, unless the school is exempted under § 7–702 of this 30
subtitle. 31
6 HOUSE BILL 696
(2) (i) A nonpublic elementary school may provide a free breakfast 1
program in accordance with this subtitle. 2
(ii) If a nonpublic elementary school provides a free breakfast 3
program, the participating nonpublic elementary school shall be eligible for the State 4
reimbursement of the student share of the costs for those breakfasts under § 7–703 of this 5
article. 6
(b) The free breakfast required to be provided under this section shall meet the 7
standards of the United States Department of Agriculture. 8
7–702. 9
[(a)] The State Superintendent shall exempt any elementary school from the 10
requirements of this subtitle if: 11
(1) (i) The school has made a breakfast program available for at least 3 12
consecutive months; and 13
(ii) The participation is less than 25% of the number of students 14
eligible for free and reduced price eligible meals in each month; OR 15
(2) (i) The county board approves an alternative nutrition program that 16
the school has instituted; 17
(ii) The school regularly conducts an assessment of the alternative 18
program that provides evidence of success in achieving program objectives; and 19
(iii) The school submits an annual report of the assessment to the 20
county board and the State[; 21
(3) (i) The school requests an exemption for reasons of a compelling 22
nature to the county board; and 23
(ii) After review and approval, the county board submits the request 24
for exemption to the State Superintendent; or 25
(4) The school has less than 15% of its enrollment approved for free and 26
reduced price eligible meals]. 27
[(b) The exemption in subsection (a)(4) of this section shall continue from year to 28
year without the need for reapplication, until there is a 10% increase in the number of 29
students approved for free and reduced price eligible meals.] 30
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 31
effect July 1, 2025. 32 HOUSE BILL 696 7
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 1
3 of this Act, this Act shall take effect July 1, 2024. 2