Maryland 2024 Regular Session

Maryland House Bill HB696 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
44 [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.
85 *hb0696*
96
107 HOUSE BILL 696
118 F1 4lr0863
129 HB 628/23 – W&M CF SB 579
1310 By: Delegates Palakovich Carr, Allen, Attar, Atterbeary, Bagnall, Bartlett, Boafo,
1411 Charkoudian, Crutchfield, Cullison, Ebersole, Embry, Fair, Feldmark,
1512 Foley, Forbes, Fraser–Hidalgo, Grossman, Guyton, Guzzone, Harris,
1613 Healey, Henson, Hill, Holmes, D. Jones, Kaufman, Kerr, Lehman, R. Lewis,
1714 J. Long, Lopez, Love, McCaskill, Metzgar, Mireku –North, Pasteur,
1815 Patterson, Pena–Melnyk, Qi, Rogers, Rosenberg, Ruth, Shetty, Simmons,
1916 Simpson, Solomon, Spiegel, Stein, Stewart, Taveras, Terrasa, Turner, Vogel,
2017 Wells, White Holland, Wilkins, Williams, Wims, Wolek, Wu, and Ziegler
2118 Introduced and read first time: January 25, 2024
2219 Assigned to: Ways and Means
23-Committee Report: Favorable with amendments
24-House action: Adopted
25-Read second time: March 23, 2024
2620
27-CHAPTER ______
21+A BILL ENTITLED
2822
2923 AN ACT concerning 1
3024
3125 Primary and Secondary Education – Breakfast and Lunch Programs – Universal 2
32-Expansion Report 3
26+Expansion 3
3327
3428 FOR the purpose of altering the standards of the State Free Feeding Program, beginning 4
3529 in a certain fiscal year, to require that if a school participates in a certain federal 5
3630 nutritional program, then each student in the school must be offered a meal at no 6
3731 cost to the student; providing for the reimbursement rate at which the State shall 7
3832 pay county boards and participating nonpublic schools for the free meals offered to 8
3933 students; prohibiting a county board or nonpublic school from charging a student any 9
40-portion of the cost of a certain breakfast or lunch requiring the State Department of 10
41-Education, on or before a certain date, to report to the General Assembly on a cost 11
42-estimate for providing free breakfast and lunch to all students in public schools; and 12
43-generally relating to a report on the expansion of breakfast and lunch meals to all 13
44-students in participating public schools. 14
34+portion of the cost of a certain breakfast or lunch; and generally relating to the 10
35+expansion of breakfast and lunch meals to all students in participating schools. 11
4536
46-BY adding to 15
47- Article – Education 16
48-Section 7–601 and 7–607 17 2 HOUSE BILL 696
37+BY adding to 12
38+ Article – Education 13
39+Section 7–601 and 7–607 14
40+ Annotated Code of Maryland 15
41+ (2022 Replacement Volume and 2023 Supplement) 16
42+
43+BY repealing and reenacting, with amendments, 17
44+ Article – Education 18
45+Section 7–601 through 7–605 and 7–702 19
46+ Annotated Code of Maryland 20
47+ (2022 Replacement Volume and 2023 Supplement) 21
48+ 2 HOUSE BILL 696
4949
5050
51- Annotated Code of Maryland 1
52- (2022 Replacement Volume and 2023 Supplement) 2
51+BY repealing and reenacting, without amendments, 1
52+ Article – Education 2
53+Section 7–701 3
54+ Annotated Code of Maryland 4
55+ (2022 Replacement Volume and 2023 Supplement) 5
5356
54-BY repealing and reenacting, with amendments, 3
55- Article – Education 4
56-Section 7–601 through 7–605 and 7–702 5
57- Annotated Code of Maryland 6
58- (2022 Replacement Volume and 2023 Supplement) 7
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58+That the Laws of Maryland read as follows: 7
5959
60-BY repealing and reenacting, without amendments, 8
61- Article – Education 9
62-Section 7–701 10
63- Annotated Code of Maryland 11
64- (2022 Replacement Volume and 2023 Supplement) 12
60+Article – Education 8
6561
66- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
67-That the Laws of Maryland read as follows: 14
62+7–601. 9
6863
69-Article – Education 15
64+ IN THIS SUBTITLE, “PROGRAM” MEANS THE STATE FREE FEEDING PROGRAM. 10
7065
71-7–601. 16
66+[7–601.] 7–602. 11
7267
73- IN THIS SUBTITLE, “PROGRAM” MEANS THE STATE FREE FEEDING PROGRAM. 17
68+ (a) The State Board shall adopt and publish standards for the administration of 12
69+the [free feeding program] PROGRAM. 13
7470
75-[7–601.] 7–602. 18
71+ (b) The standards shall [provide for eligibility requirements for the program] 14
72+ENSURE THAT , BEGINNING IN FISCAL YEAR 2026: 15
7673
77- (a) The State Board shall adopt and publish standards for the administration of 19
78-the [free feeding program] PROGRAM. 20
74+ (1) IF A SCHOOL PARTICIPA TES IN THE FEDERAL SCHOOL 16
75+BREAKFAST PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE BREAKFAST TO A 17
76+STUDENT, EACH STUDENT IN THE SCHOOL SHALL BE OFFE RED A FREE BREAKFAST 18
77+THAT MEETS THE U.S. DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS 19
78+UNDER THE FEDERAL SCHOOL BREAKFAST PROGRAM; AND 20
7979
80- (b) The standards shall [provide for eligibility requirements for the program] 21
81-ENSURE THAT , BEGINNING IN FISCAL YEAR 2026: 22
80+ (2) IF A SCHOOL PARTICIPA TES IN THE NATIONAL SCHOOL LUNCH 21
81+PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE LUNCH TO A STUDE NT, EACH 22
82+STUDENT IN THE SCHOO L SHALL BE OFFERED A FREE LUNCH THAT MEET S THE U.S. 23
83+DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS UNDER THE NATIONAL 24
84+SCHOOL LUNCH PROGRAM. 25
8285
83- (1) IF A SCHOOL PARTICIPA TES IN THE FEDERAL SCHOOL 23
84-BREAKFAST PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE BREAKFAST TO A 24
85-STUDENT, EACH STUDENT IN THE SCHOOL SHALL BE OFFE RED A FREE BREAKFAST 25
86-THAT MEETS THE U.S. DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS 26
87-UNDER THE FEDERAL SCHOOL BREAKFAST PROGRAM; AND 27
86+[7–602.] 7–603. 26
8887
89- (2) IF A SCHOOL PARTICIPA TES IN THE NATIONAL SCHOOL LUNCH 28
90-PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE LUNCH TO A STUDE NT, EACH 29
91-STUDENT IN THE SCHOO L SHALL BE OFFERED A FREE LUNCH THAT MEET S THE U.S. 30
92-DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS UNDER THE NATIONAL 31
93-SCHOOL LUNCH PROGRAM. 32
88+ (a) There is a State Free Feeding Program. 27
9489
95-[7–602.] 7–603. 33
96- HOUSE BILL 696 3
90+ (b) (1) Each year the State Superintendent shall determine the amount of 28
91+State money required to provide the Program in accordance with the standards adopted by 29
92+the State Board under this subtitle. 30
93+
94+ (2) The amount included for this Program in the annual State budget, 31
95+including any federal funds, and as submitted to and appropriated by the General 32 HOUSE BILL 696 3
9796
9897
99- (a) There is a State Free Feeding Program. 1
98+Assembly, shall be distributed to the county boards and participating nonpublic schools in 1
99+the same manner as the process established under § 5–205 of this article. 2
100100
101- (b) (1) Each year the State Superintendent shall determine the amount of 2
102-State money required to provide the Program in accordance with the standards adopted by 3
103-the State Board under this subtitle. 4
101+ (c) (1) A nonpublic school in the State that participates in the federal School 3
102+Breakfast Program or the National School Lunch Program may participate in the [State 4
103+free feeding program] PROGRAM. 5
104104
105- (2) The amount included for this Program in the annual State budget, 5
106-including any federal funds, and as submitted to and appropriated by the General 6
107-Assembly, shall be distributed to the county boards and participating nonpublic schools in 7
108-the same manner as the process established under § 5–205 of this article. 8
105+ (2) If a nonpublic school participates in the [State free feeding program] 6
106+PROGRAM, the State shall be responsible for reimbursing the participating nonpublic 7
107+school under subsection (d) of this section. 8
109108
110- (c) (1) A nonpublic school in the State that participates in the federal School 9
111-Breakfast Program or the National School Lunch Program may participate in the [State 10
112-free feeding program] PROGRAM. 11
109+ (d) (1) [The] EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 9
110+SUBSECTION, THE State shall be responsible for reimbursing a county board or a 10
111+participating nonpublic school for the student share of the costs of: 11
113112
114- (2) If a nonpublic school participates in the [State free feeding program] 12
115-PROGRAM, the State shall be responsible for reimbursing the participating nonpublic 13
116-school under subsection (d) of this section. 14
113+ [(1)] (I) Breakfasts provided to all students eligible for a reduced price 12
114+breakfast under the federal School Breakfast Program according to the following schedule: 13
117115
118- (d) (1) [The] EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 15
119-SUBSECTION, THE State shall be responsible for reimbursing a county board or a 16
120-participating nonpublic school for the student share of the costs of: 17
116+ [(i)] 1. For fiscal year 2020, 10 cents per student; 14
121117
122- [(1)] (I) Breakfasts provided to all students eligible for a reduced price 18
123-breakfast under the federal School Breakfast Program according to the following schedule: 19
118+ [(ii)] 2. For fiscal year 2021, 20 cents per student; and 15
119+
120+ [(iii)] 3. For fiscal year 2022 and each fiscal year thereafter, the 16
121+greater of 30 cents per student or the required federal per meal charge to students; and 17
122+
123+ [(2)] (II) Lunches provided to all students eligible for a reduced price 18
124+lunch under the National School Lunch Program according to the following schedule: 19
124125
125126 [(i)] 1. For fiscal year 2020, 10 cents per student; 20
126127
127- [(ii)] 2. For fiscal year 2021, 20 cents per student; and 21
128+ [(ii)] 2. For fiscal year 2021, 20 cents per student; 21
128129
129- [(iii)] 3. For fiscal year 2022 and each fiscal year thereafter, the 22
130-greater of 30 cents per student or the required federal per meal charge to students; and 23
130+ [(iii)] 3. For fiscal year 2022, 30 cents per student; and 22
131131
132- [(2)] (II) Lunches provided to all students eligible for a reduced price 24
133-lunch under the National School Lunch Program according to the following schedule: 25
132+ [(iv)] 4. For fiscal year 2023 and each fiscal year thereafter, the 23
133+greater of 40 cents per student or the required federal per meal charge to students. 24
134134
135- [(i)] 1. For fiscal year 2020, 10 cents per student; 26
135+ (2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , FOR 25
136+FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , THE STATE SHALL BE 26
137+RESPONSIBLE FOR REIM BURSING A COUNTY BOA RD OR A PARTICIPATIN G 27
138+NONPUBLIC SCHOOL FOR THE COST OF: 28
136139
137- [(ii)] 2. For fiscal year 2021, 20 cents per student; 27
138-
139- [(iii)] 3. For fiscal year 2022, 30 cents per student; and 28
140-
141- [(iv)] 4. For fiscal year 2023 and each fiscal year thereafter, the 29
142-greater of 40 cents per student or the required federal per meal charge to students. 30
143- 4 HOUSE BILL 696
140+ 1. OFFERING EACH STUDENT IN A PARTICIPATING 29
141+SCHOOL A FREE BREAKF AST THAT QUALIFIES U NDER THE U.S. DEPARTMENT OF 30
142+AGRICULTURE REIMBURSA BLE GUIDELINES ; AND 31 4 HOUSE BILL 696
144143
145144
146- (2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , FOR 1
147-FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , THE STATE SHALL BE 2
148-RESPONSIBLE FOR REIM BURSING A COUNTY BOA RD OR A PARTICIPATING 3
149-NONPUBLIC SCHOOL FOR THE COST OF: 4
150145
151- 1. OFFERING EACH STUDENT IN A PARTICIPATING 5
152-SCHOOL A FREE BREAKF AST THAT QUALIFIES U NDER THE U.S. DEPARTMENT OF 6
153-AGRICULTURE REIMBURSA BLE GUIDELINES ; AND 7
146+ 2. OFFERING EACH STUDENT IN A PARTICIPATING 1
147+SCHOOL A FREE LUNCH THAT QUALIFIES UNDER THE U.S. DEPARTMENT OF 2
148+AGRICULTURE REIMBURSA BLE GUIDELINES . 3
154149
155- 2. OFFERING EACH STUDENT IN A PARTICIPATING 8
156-SCHOOL A FREE LUNCH T HAT QUALIFIES UNDER THE U.S. DEPARTMENT OF 9
157-AGRICULTURE REIMBURSA BLE GUIDELINES . 10
150+ (II) 1. IN CALCULATING THE CO ST OF REI MBURSING A 4
151+COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 5
152+ELIGIBLE FOR A REDUC ED PRICE BREAKFAST O R LUNCH, THE STATE SHALL USE THE 6
153+REIMBURSEMENT RATE L ISTED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 7
158154
159- (II) 1. IN CALCULATING THE CO ST OF REIMBURSING A 11
160-COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 12
161-ELIGIBLE FOR A REDUC ED PRICE BREAKF AST OR LUNCH, THE STATE SHALL USE THE 13
162-REIMBURSEMENT RATE L ISTED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 14
155+ 2. IN CALCULATING THE CO ST OF REI MBURSING A 8
156+COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 9
157+NOT COVERED UNDER SU BSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH : 10
163158
164- 2. IN CALCULATING THE CO ST OF REIMBURSING A 15
165-COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 16
166-NOT COVERED UNDER SU BSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH : 17
159+ A. IF THE STUDENT ATTEND S A SCHOOL THAT 11
160+PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 12
161+NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 13
162+APPLICABLE FREE MEAL REIMBURSEMENT RATE A ND THE APPLICABLE PA ID MEAL 14
163+REIMBURSEMENT RATE , AS SET ANNUALLY BY T HE U.S. SECRETARY OF 15
164+AGRICULTURE UNDER 42 U.S.C. § 1759A; AND 16
167165
168- A. IF THE STUDENT ATTEND S A SCHOOL THAT 18
169-PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 19
170-NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 20
171-APPLICABLE FREE MEAL REIMBURSEMENT RATE A ND THE APPLICABLE PAID MEAL 21
172-REIMBURSEMENT RATE , AS SET ANNUALLY BY T HE U.S. SECRETARY OF 22
173-AGRICULTURE UNDER 42 U.S.C. § 1759A; AND 23
166+ B. IF THE STUDENT DOES NOT ATT END A SCHOOL THAT 17
167+PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 18
168+NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 19
169+APPLICABLE FREE MEAL RATE AND THE APPLICA BLE PAID MEAL RATE , AS SET 20
170+ANNUALLY B Y THE U.S. SECRETARY OF AGRICULTURE UNDER 42 U.S.C. § 1759A. 21
174171
175- B. IF THE STUDENT DOES N OT ATTEND A SCHOOL T HAT 24
176-PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 25
177-NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 26
178-APPLICABLE FREE MEAL RATE AND THE APPLICA BLE PAID MEAL RATE , AS SET 27
179-ANNUALLY BY THE U.S. SECRETARY OF AGRICULTURE UNDER 42 U.S.C. § 1759A. 28
172+ (e) (1) Beginning in fiscal year 2022, a county board or participating nonpublic 22
173+school may not charge a student who is eligible for a reduced price breakfast for any portion 23
174+of the cost of the meal. 24
180175
181- (e) (1) Beginning in fiscal year 2022, a county board or participating nonpublic 29
182-school may not charge a student who is eligible for a reduced price breakfast for any portion 30
183-of the cost of the meal. 31
176+ (2) Beginning in fiscal year 2023, a county board or participating nonpublic 25
177+school may not charge a student who is eligible for a reduced price lunch for any portion of 26
178+the cost of the meal. 27
184179
185- (2) Beginning in fiscal year 2023, a county board or participating nonpublic 32
186-school may not charge a student who is eligible for a reduced price lunch for any portion of 33
187-the cost of the meal. 34
188- HOUSE BILL 696 5
180+ (3) BEGINNING IN FISCAL Y EAR 2026, A COUNTY BOARD O R 28
181+PARTICIPATING NONPUB LIC SCHOOL MAY NOT C HARGE ANY STUDENT AN Y PORTION 29
182+OF THE COST OF A BRE AKFAST THAT MEETS TH E NUTRITIONAL STANDA RDS OF THE 30
183+FEDERAL SCHOOL BREAKFAST PROGRAM OR A LUNCH TH AT MEETS THE 31
184+NUTRITIONAL STANDARD S OF THE NATIONAL SCHOOL LUNCH PROGRAM. 32
185+
186+[7–603.] 7–604. 33
187+
188+ Each public school and participating nonpublic school in this State shall provide a 34 HOUSE BILL 696 5
189189
190190
191- (3) BEGINNING IN FISCAL Y EAR 2026, A COUNTY BOARD OR 1
192-PARTICIPATING NONPUB LIC SCHOOL MAY NOT C HARGE ANY STUDENT AN Y PORTION 2
193-OF THE COST OF A BRE AKFAST THAT MEETS TH E NUTRITIONAL STANDARDS OF THE 3
194-FEDERAL SCHOOL BREAKFAST PROGRAM OR A LUNCH TH AT MEETS THE 4
195-NUTRITIONAL STANDARD S OF THE NATIONAL SCHOOL LUNCH PROGRAM. 5
191+free feeding program for children who meet the standards adopted by the State Board under 1
192+this subtitle. 2
196193
197-[7–603.] 7–604. 6
194+[7–604.] 7–605. 3
198195
199- Each public school and participating nonpublic school in this State shall provide a 7
200-free feeding program for children who meet the standards adopted by the State Board under 8
201-this subtitle. 9
196+ Funds appropriated for the [free feeding program] PROGRAM shall be used to 4
197+reimburse each county board and participating nonpublic school for the difference between 5
198+costs and all available reimbursements and other funds. 6
202199
203-[7–604.] 7–605. 10
200+[7–605.] 7–606. 7
204201
205- Funds appropriated for the [free feeding program] PROGRAM shall be used to 11
206-reimburse each county board and participating nonpublic school for the difference between 12
207-costs and all available reimbursements and other funds. 13
202+ (a) The General Assembly finds the following policies desirable in the 8
203+administration and application of the [school feeding program] PROGRAM: 9
208204
209-[7–605.] 7–606. 14
205+ (1) Private organizations and corporations should be encouraged to 10
206+participate in the [program] PROGRAM; 11
210207
211- (a) The General Assembly finds the following policies desirable in the 15
212-administration and application of the [school feeding program] PROGRAM: 16
208+ (2) The identity of children who participate in the [free feeding program] 12
209+PROGRAM should remain anonymous and positive procedures should be adopted to 13
210+accomplish this; and 14
213211
214- (1) Private organizations and corporations should be encouraged to 17
215-participate in the [program] PROGRAM; 18
212+ (3) Applications for participants in the [program] PROGRAM should be 15
213+brief and simple, based on a statement of present income and family size or of participation 16
214+in a social services or welfare program. 17
216215
217- (2) The identity of children who participate in the [free feeding program] 19
218-PROGRAM should remain anonymous and positive procedures should be adopted to 20
219-accomplish this; and 21
216+ (b) There may not be discrimination in this [program] PROGRAM for elementary, 18
217+junior high, and high school students. 19
220218
221- (3) Applications for participants in the [program] PROGRAM should be 22
222-brief and simple, based on a statement of present income and family size or of participation 23
223-in a social services or welfare program. 24
219+7–607. 20
224220
225- (b) There may not be discrimination in this [program] PROGRAM for elementary, 25
226-junior high, and high school students. 26
221+ IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE STATE, EACH 21
222+COUNTY BOARD , AND PARTICIPATING NO NPUBLIC SCHOOLS MAXI MIZE THE USE OF 22
223+ALL AVAILABLE FEDERA L FUNDS IN CARRYING OUT THE REQUIREMENTS OF THE 23
224+PROGRAM. 24
227225
228-7–607. 27
226+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 25
227+as follows: 26
229228
230- IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE STATE, EACH 28
231-COUNTY BOARD , AND PARTIC IPATING NONPUBLIC SC HOOLS MAXIMIZE THE U SE OF 29
232-ALL AVAILABLE FEDERA L FUNDS IN CARRYING OUT THE REQUIREMENTS OF THE 30
233-PROGRAM. 31
229+Article – Education 27
230+
231+7–701. 28
232+
233+ (a) (1) The State Board shall require each county board to provide in each 29
234+elementary school a free breakfast, unless the school is exempted under § 7–702 of this 30
235+subtitle. 31
234236 6 HOUSE BILL 696
235237
236238
237- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
238-as follows: 2
239+ (2) (i) A nonpublic elementary school may provide a free breakfast 1
240+program in accordance with this subtitle. 2
239241
240-Article – Education 3
242+ (ii) If a nonpublic elementary school provides a free breakfast 3
243+program, the participating nonpublic elementary school shall be eligible for the State 4
244+reimbursement of the student share of the costs for those breakfasts under § 7–703 of this 5
245+article. 6
241246
242-7–701. 4
247+ (b) The free breakfast required to be provided under this section shall meet the 7
248+standards of the United States Department of Agriculture. 8
243249
244- (a) (1) The State Board shall require each county board to provide in each 5
245-elementary school a free breakfast, unless the school is exempted under § 7–702 of this 6
246-subtitle. 7
250+7–702. 9
247251
248- (2) (i) A nonpublic elementary school may provide a free breakfast 8
249-program in accordance with this subtitle. 9
252+ [(a)] The State Superintendent shall exempt any elementary school from the 10
253+requirements of this subtitle if: 11
250254
251- (ii) If a nonpublic elementary school provides a free breakfast 10
252-program, the participating nonpublic elementary school shall be eligible for the State 11
253-reimbursement of the student share of the costs for those breakfasts under § 7–703 of this 12
254-article. 13
255+ (1) (i) The school has made a breakfast program available for at least 3 12
256+consecutive months; and 13
255257
256- (b) The free breakfast required to be provided under this section shall meet the 14
257-standards of the United States Department of Agriculture. 15
258+ (ii) The participation is less than 25% of the number of students 14
259+eligible for free and reduced price eligible meals in each month; OR 15
258260
259-7–702. 16
261+ (2) (i) The county board approves an alternative nutrition program that 16
262+the school has instituted; 17
260263
261- [(a)] The State Superintendent shall exempt any elementary school from the 17
262-requirements of this subtitle if: 18
264+ (ii) The school regularly conducts an assessment of the alternative 18
265+program that provides evidence of success in achieving program objectives; and 19
263266
264- (1) (i) The school has made a breakfast program available for at least 3 19
265-consecutive months; and 20
267+ (iii) The school submits an annual report of the assessment to the 20
268+county board and the State[; 21
266269
267- (ii) The participation is less than 25% of the number of students 21
268-eligible for free and reduced price eligible meals in each month; OR 22
270+ (3) (i) The school requests an exemption for reasons of a compelling 22
271+nature to the county board; and 23
269272
270- (2) (i) The county board approves an alternative nutrition program that 23
271-the school has instituted; 24
273+ (ii) After review and approval, the county board submits the request 24
274+for exemption to the State Superintendent; or 25
272275
273- (ii) The school regularly conducts an assessment of the alternative 25
274-program that provides evidence of success in achieving program objectives; and 26
276+ (4) The school has less than 15% of its enrollment approved for free and 26
277+reduced price eligible meals]. 27
275278
276- (iii) The school submits an annual report of the assessment to the 27
277-county board and the State[; 28
279+ [(b) The exemption in subsection (a)(4) of this section shall continue from year to 28
280+year without the need for reapplication, until there is a 10% increase in the number of 29
281+students approved for free and reduced price eligible meals.] 30
278282
279- (3) (i) The school requests an exemption for reasons of a compelling 29
280-nature to the county board; and 30
281-
282- (ii) After review and approval, the county board submits the request 31
283-for exemption to the State Superintendent; or 32 HOUSE BILL 696 7
283+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 31
284+effect July 1, 2025. 32 HOUSE BILL 696 7
284285
285286
286287
287- (4) The school has less than 15% of its enrollment approved for free and 1
288-reduced price eligible meals]. 2
288+ SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 1
289+3 of this Act, this Act shall take effect July 1, 2024. 2
289290
290- [(b) The exemption in subsection (a)(4) of this section shall continue from year to 3
291-year without the need for reapplication, until there is a 10% increase in the number of 4
292-students approved for free and reduced price eligible meals.] 5
293-
294- SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 6
295-effect July 1, 2025. 7
296-
297- SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 8
298-3 of this Act, this Act shall take effect July 1, 2024. 9
299-
300- (a) (1) The Maryland General Assembly recognizes the positive impact on 10
301-students’ academic, physical, and social and emotional health that results from ensuring 11
302-students have access to breakfast and lunch programs while at school. 12
303-
304- (2) While Maryland has made significant progress in providing meals to all 13
305-students through a variety of programs, this has led to a patchwork approach across the 14
306-State. 15
307-
308- (b) On or before December 1, 2024, the State Department of Education shall 16
309-report to the General Assembly, in accordance with § 2–1257 of the State Government 17
310-Article, on the cost to provide free breakfast and lunch to all students in public schools in 18
311-the State. 19
312-
313- (c) In determining the cost estimate for the report required under subsection (b) 20
314-of this section, the Department shall consider: 21
315-
316- (1) for each county, the current rate of providing free breakfast and lunch 22
317-through programs including: 23
318-
319- (i) Maryland Meals for Achievement; and 24
320-
321- (ii) participation in the United States Department of Agriculture 25
322-Community Eligibility Program; and 26
323-
324- (2) for each county, including data disaggregated by elementary, middle, 27
325-and high school, and by breakfast and lunch: 28
326-
327- (i) the participation rates in the school meals program; 29
328-
329- (ii) the student cost for meals; 30
330-
331- (iii) subsidies provided to students to assist in the cost of meals; 31
332- 8 HOUSE BILL 696
333-
334-
335- (iv) school attendance rates; 1
336-
337- (v) the staffing costs of providing meals on a per pupil basis; and 2
338-
339- (vi) the thresholds for participation in the Community Eligibility 3
340-Provisions. 4
341-
342- (d) In addition, the Department shall compile research completed in other states 5
343-that have established universal meal programs and prepare a summary of any findings 6
344-presented in those reports as part of its report under subsection (b) of this section. 7
345-
346- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
347-1, 2024. It shall remain effective for a period of 1 year and, at the end of June 30, 2025, this 9
348-Act, with no further action required by the General Assembly, shall be abrogated and of no 10
349-further force and effect. 11
350-
351-
352-
353-Approved:
354-________________________________________________________________________________
355- Governor.
356-________________________________________________________________________________
357- Speaker of the House of Delegates.
358-________________________________________________________________________________
359- President of the Senate.