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.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 23, 2024
CHAPTER ______
AN ACT concerning 1
Primary and Secondary Education – Breakfast and Lunch Programs – Universal 2
Expansion Report 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 requiring the State Department of 10
Education, on or before a certain date, to report to the General Assembly on a cost 11
estimate for providing free breakfast and lunch to all students in public schools; and 12
generally relating to a report on the expansion of breakfast and lunch meals to all 13
students in participating public schools. 14
BY adding to 15
Article – Education 16
Section 7–601 and 7–607 17 2 HOUSE BILL 696
Annotated Code of Maryland 1
(2022 Replacement Volume and 2023 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Education 4
Section 7–601 through 7–605 and 7–702 5
Annotated Code of Maryland 6
(2022 Replacement Volume and 2023 Supplement) 7
BY repealing and reenacting, without amendments, 8
Article – Education 9
Section 7–701 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2023 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Education 15
7–601. 16
IN THIS SUBTITLE, “PROGRAM” MEANS THE STATE FREE FEEDING PROGRAM. 17
[7–601.] 7–602. 18
(a) The State Board shall adopt and publish standards for the administration of 19
the [free feeding program] PROGRAM. 20
(b) The standards shall [provide for eligibility requirements for the program] 21
ENSURE THAT , BEGINNING IN FISCAL YEAR 2026: 22
(1) IF A SCHOOL PARTICIPA TES IN THE FEDERAL SCHOOL 23
BREAKFAST PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE BREAKFAST TO A 24
STUDENT, EACH STUDENT IN THE SCHOOL SHALL BE OFFE RED A FREE BREAKFAST 25
THAT MEETS THE U.S. DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS 26
UNDER THE FEDERAL SCHOOL BREAKFAST PROGRAM; AND 27
(2) IF A SCHOOL PARTICIPA TES IN THE NATIONAL SCHOOL LUNCH 28
PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE LUNCH TO A STUDE NT, EACH 29
STUDENT IN THE SCHOO L SHALL BE OFFERED A FREE LUNCH THAT MEET S THE U.S. 30
DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS UNDER THE NATIONAL 31
SCHOOL LUNCH PROGRAM. 32
[7–602.] 7–603. 33
HOUSE BILL 696 3
(a) There is a State Free Feeding Program. 1
(b) (1) Each year the State Superintendent shall determine the amount of 2
State money required to provide the Program in accordance with the standards adopted by 3
the State Board under this subtitle. 4
(2) The amount included for this Program in the annual State budget, 5
including any federal funds, and as submitted to and appropriated by the General 6
Assembly, shall be distributed to the county boards and participating nonpublic schools in 7
the same manner as the process established under § 5–205 of this article. 8
(c) (1) A nonpublic school in the State that participates in the federal School 9
Breakfast Program or the National School Lunch Program may participate in the [State 10
free feeding program] PROGRAM. 11
(2) If a nonpublic school participates in the [State free feeding program] 12
PROGRAM, the State shall be responsible for reimbursing the participating nonpublic 13
school under subsection (d) of this section. 14
(d) (1) [The] EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 15
SUBSECTION, THE State shall be responsible for reimbursing a county board or a 16
participating nonpublic school for the student share of the costs of: 17
[(1)] (I) Breakfasts provided to all students eligible for a reduced price 18
breakfast under the federal School Breakfast 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; and 21
[(iii)] 3. For fiscal year 2022 and each fiscal year thereafter, the 22
greater of 30 cents per student or the required federal per meal charge to students; and 23
[(2)] (II) Lunches provided to all students eligible for a reduced price 24
lunch under the National School Lunch Program according to the following schedule: 25
[(i)] 1. For fiscal year 2020, 10 cents per student; 26
[(ii)] 2. For fiscal year 2021, 20 cents per student; 27
[(iii)] 3. For fiscal year 2022, 30 cents per student; and 28
[(iv)] 4. For fiscal year 2023 and each fiscal year thereafter, the 29
greater of 40 cents per student or the required federal per meal charge to students. 30
4 HOUSE BILL 696
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , FOR 1
FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , THE STATE SHALL BE 2
RESPONSIBLE FOR REIM BURSING A COUNTY BOA RD OR A PARTICIPATING 3
NONPUBLIC SCHOOL FOR THE COST OF: 4
1. OFFERING EACH STUDENT IN A PARTICIPATING 5
SCHOOL A FREE BREAKF AST THAT QUALIFIES U NDER THE U.S. DEPARTMENT OF 6
AGRICULTURE REIMBURSA BLE GUIDELINES ; AND 7
2. OFFERING EACH STUDENT IN A PARTICIPATING 8
SCHOOL A FREE LUNCH T HAT QUALIFIES UNDER THE U.S. DEPARTMENT OF 9
AGRICULTURE REIMBURSA BLE GUIDELINES . 10
(II) 1. IN CALCULATING THE CO ST OF REIMBURSING A 11
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 12
ELIGIBLE FOR A REDUC ED PRICE BREAKF AST OR LUNCH, THE STATE SHALL USE THE 13
REIMBURSEMENT RATE L ISTED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 14
2. IN CALCULATING THE CO ST OF REIMBURSING A 15
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 16
NOT COVERED UNDER SU BSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH : 17
A. IF THE STUDENT ATTEND S A SCHOOL THAT 18
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 19
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 20
APPLICABLE FREE MEAL REIMBURSEMENT RATE A ND THE APPLICABLE PAID MEAL 21
REIMBURSEMENT RATE , AS SET ANNUALLY BY T HE U.S. SECRETARY OF 22
AGRICULTURE UNDER 42 U.S.C. § 1759A; AND 23
B. IF THE STUDENT DOES N OT ATTEND A SCHOOL T HAT 24
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 25
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 26
APPLICABLE FREE MEAL RATE AND THE APPLICA BLE PAID MEAL RATE , AS SET 27
ANNUALLY BY THE U.S. SECRETARY OF AGRICULTURE UNDER 42 U.S.C. § 1759A. 28
(e) (1) Beginning in fiscal year 2022, a county board or participating nonpublic 29
school may not charge a student who is eligible for a reduced price breakfast for any portion 30
of the cost of the meal. 31
(2) Beginning in fiscal year 2023, a county board or participating nonpublic 32
school may not charge a student who is eligible for a reduced price lunch for any portion of 33
the cost of the meal. 34
HOUSE BILL 696 5
(3) BEGINNING IN FISCAL Y EAR 2026, A COUNTY BOARD OR 1
PARTICIPATING NONPUB LIC SCHOOL MAY NOT C HARGE ANY STUDENT AN Y PORTION 2
OF THE COST OF A BRE AKFAST THAT MEETS TH E NUTRITIONAL STANDARDS OF THE 3
FEDERAL SCHOOL BREAKFAST PROGRAM OR A LUNCH TH AT MEETS THE 4
NUTRITIONAL STANDARD S OF THE NATIONAL SCHOOL LUNCH PROGRAM. 5
[7–603.] 7–604. 6
Each public school and participating nonpublic school in this State shall provide a 7
free feeding program for children who meet the standards adopted by the State Board under 8
this subtitle. 9
[7–604.] 7–605. 10
Funds appropriated for the [free feeding program] PROGRAM shall be used to 11
reimburse each county board and participating nonpublic school for the difference between 12
costs and all available reimbursements and other funds. 13
[7–605.] 7–606. 14
(a) The General Assembly finds the following policies desirable in the 15
administration and application of the [school feeding program] PROGRAM: 16
(1) Private organizations and corporations should be encouraged to 17
participate in the [program] PROGRAM; 18
(2) The identity of children who participate in the [free feeding program] 19
PROGRAM should remain anonymous and positive procedures should be adopted to 20
accomplish this; and 21
(3) Applications for participants in the [program] PROGRAM should be 22
brief and simple, based on a statement of present income and family size or of participation 23
in a social services or welfare program. 24
(b) There may not be discrimination in this [program] PROGRAM for elementary, 25
junior high, and high school students. 26
7–607. 27
IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE STATE, EACH 28
COUNTY BOARD , AND PARTIC IPATING NONPUBLIC SC HOOLS MAXIMIZE THE U SE OF 29
ALL AVAILABLE FEDERA L FUNDS IN CARRYING OUT THE REQUIREMENTS OF THE 30
PROGRAM. 31
6 HOUSE BILL 696
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Education 3
7–701. 4
(a) (1) The State Board shall require each county board to provide in each 5
elementary school a free breakfast, unless the school is exempted under § 7–702 of this 6
subtitle. 7
(2) (i) A nonpublic elementary school may provide a free breakfast 8
program in accordance with this subtitle. 9
(ii) If a nonpublic elementary school provides a free breakfast 10
program, the participating nonpublic elementary school shall be eligible for the State 11
reimbursement of the student share of the costs for those breakfasts under § 7–703 of this 12
article. 13
(b) The free breakfast required to be provided under this section shall meet the 14
standards of the United States Department of Agriculture. 15
7–702. 16
[(a)] The State Superintendent shall exempt any elementary school from the 17
requirements of this subtitle if: 18
(1) (i) The school has made a breakfast program available for at least 3 19
consecutive months; and 20
(ii) The participation is less than 25% of the number of students 21
eligible for free and reduced price eligible meals in each month; OR 22
(2) (i) The county board approves an alternative nutrition program that 23
the school has instituted; 24
(ii) The school regularly conducts an assessment of the alternative 25
program that provides evidence of success in achieving program objectives; and 26
(iii) The school submits an annual report of the assessment to the 27
county board and the State[; 28
(3) (i) The school requests an exemption for reasons of a compelling 29
nature to the county board; and 30
(ii) After review and approval, the county board submits the request 31
for exemption to the State Superintendent; or 32 HOUSE BILL 696 7
(4) The school has less than 15% of its enrollment approved for free and 1
reduced price eligible meals]. 2
[(b) The exemption in subsection (a)(4) of this section shall continue from year to 3
year without the need for reapplication, until there is a 10% increase in the number of 4
students approved for free and reduced price eligible meals.] 5
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 6
effect July 1, 2025. 7
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 8
3 of this Act, this Act shall take effect July 1, 2024. 9
(a) (1) The Maryland General Assembly recognizes the positive impact on 10
students’ academic, physical, and social and emotional health that results from ensuring 11
students have access to breakfast and lunch programs while at school. 12
(2) While Maryland has made significant progress in providing meals to all 13
students through a variety of programs, this has led to a patchwork approach across the 14
State. 15
(b) On or before December 1, 2024, the State Department of Education shall 16
report to the General Assembly, in accordance with § 2–1257 of the State Government 17
Article, on the cost to provide free breakfast and lunch to all students in public schools in 18
the State. 19
(c) In determining the cost estimate for the report required under subsection (b) 20
of this section, the Department shall consider: 21
(1) for each county, the current rate of providing free breakfast and lunch 22
through programs including: 23
(i) Maryland Meals for Achievement; and 24
(ii) participation in the United States Department of Agriculture 25
Community Eligibility Program; and 26
(2) for each county, including data disaggregated by elementary, middle, 27
and high school, and by breakfast and lunch: 28
(i) the participation rates in the school meals program; 29
(ii) the student cost for meals; 30
(iii) subsidies provided to students to assist in the cost of meals; 31
8 HOUSE BILL 696
(iv) school attendance rates; 1
(v) the staffing costs of providing meals on a per pupil basis; and 2
(vi) the thresholds for participation in the Community Eligibility 3
Provisions. 4
(d) In addition, the Department shall compile research completed in other states 5
that have established universal meal programs and prepare a summary of any findings 6
presented in those reports as part of its report under subsection (b) of this section. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1, 2024. It shall remain effective for a period of 1 year and, at the end of June 30, 2025, this 9
Act, with no further action required by the General Assembly, shall be abrogated and of no 10
further force and effect. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.