EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0579*
SENATE BILL 579
F1 4lr0862
SB 557/23 – B&T & EEE CF HB 696
By: Senator Guzzone
Introduced and read first time: January 25, 2024
Assigned to: Budget and Taxation and Education, Energy, and the Environment
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
BY repealing and reenacting, without amendments, 22
Article – Education 23
Section 7–701 24
Annotated Code of Maryland 25
(2022 Replacement Volume and 2023 Supplement) 26
2 SENATE BILL 579
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Education 3
7–601. 4
IN THIS SUBTITLE, “PROGRAM” MEANS THE STATE FREE FEEDING PROGRAM. 5
[7–601.] 7–602. 6
(a) The State Board shall adopt and publish standards for the administration of 7
the [free feeding program] PROGRAM. 8
(b) The standards shall [provide for eligibility requirements for the program] 9
ENSURE THAT , BEGINNING IN FISCAL YEAR 2026: 10
(1) IF A SCHOOL PARTICIPA TES IN THE FEDERAL SCHOOL 11
BREAKFAST PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE BREAKFAST TO A 12
STUDENT, EACH STUDENT IN THE SCHOOL SHALL BE OFFE RED A FREE BREAKFAST 13
THAT MEETS THE U.S. DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS 14
UNDER THE FEDERAL SCHOOL BREAKFAST PROGRAM; AND 15
(2) IF A SCHOOL PARTICIPA TES IN THE NATIONAL SCHOOL LUNCH 16
PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE LUNCH TO A STUDE NT, EACH 17
STUDENT IN THE SCHOO L SHALL BE OFFERED A FREE LUNCH THAT MEET S THE U.S. 18
DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS UNDER THE NATIONAL 19
SCHOOL LUNCH PROGRAM. 20
[7–602.] 7–603. 21
(a) There is a State Free Feeding Program. 22
(b) (1) Each year the State Superintendent shall determine the amount of 23
State money required to provide the Program in accordance with the standards adopted by 24
the State Board under this subtitle. 25
(2) The amount included for this Program in the annual State budget, 26
including any federal funds, and as submitted to and appropriated by the General 27
Assembly, shall be distributed to the county boards and participating nonpublic schools in 28
the same manner as the process established under § 5–205 of this article. 29
(c) (1) A nonpublic school in the State that participates in the federal School 30
Breakfast Program or the National School Lunch Program may participate in the [State 31
free feeding program] PROGRAM. 32 SENATE BILL 579 3
(2) If a nonpublic school participates in the [State free feeding program] 1
PROGRAM, the State shall be responsible for reimbursing the participating nonpublic 2
school under subsection (d) of this section. 3
(d) (1) [The] EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 4
SUBSECTION, THE State shall be responsible for reimbursing a county board or a 5
participating nonpublic school for the student share of the costs of: 6
[(1)] (I) Breakfasts provided to all students eligible for a reduced price 7
breakfast under the federal School Breakfast Program according to the following schedule: 8
[(i)] 1. For fiscal year 2020, 10 cents per student; 9
[(ii)] 2. For fiscal year 2021, 20 cents per student; and 10
[(iii)] 3. For fiscal year 2022 and each fiscal year thereafter, the 11
greater of 30 cents per student or the required federal per meal charge to students; and 12
[(2)] (II) Lunches provided to all students eligible for a reduced price 13
lunch under the National School Lunch Program according to the following schedule: 14
[(i)] 1. For fiscal year 2020, 10 cents per student; 15
[(ii)] 2. For fiscal year 2021, 20 cents per student; 16
[(iii)] 3. For fiscal year 2022, 30 cents per student; and 17
[(iv)] 4. For fiscal year 2023 and each fiscal year thereafter, the 18
greater of 40 cents per student or the required federal per meal charge to students. 19
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , FOR 20
FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , THE STATE SHALL BE 21
RESPONSIBLE FOR REIM BURSING A COUNTY BOA RD OR A PARTICIPATIN G 22
NONPUBLIC SCHOOL FOR THE COST OF: 23
1. OFFERING EACH STUDENT IN A PARTICIPATING 24
SCHOOL A FREE BREAKF AST THAT QUALIFIES U NDER THE U.S. DEPARTMENT OF 25
AGRICULTURE REIMBURSA BLE GUIDELINES ; AND 26
2. OFFERING EACH STUDENT IN A PARTICIPATING 27
SCHOOL A FREE LUNCH THAT QUALIFIES UNDER THE U.S. DEPARTMENT OF 28
AGRICULTURE REIMBURSA BLE GUIDELINES . 29
4 SENATE BILL 579
(II) 1. IN CALCULATING THE CO ST OF REIMBURSING A 1
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A ST UDENT WHO IS 2
ELIGIBLE FOR A REDUC ED PRICE BREAKFAST O R LUNCH, THE STATE SHALL USE THE 3
REIMBURSEMENT RATE L ISTED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 4
2. IN CALCULATING THE CO ST OF REIMBURSING A 5
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A ST UDENT WHO IS 6
NOT COVERED UNDER SU BSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH : 7
A. IF THE STUDENT ATTEND S A SCHOOL THAT 8
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 9
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 10
APPLICABLE FREE MEA L REIMBURSEMENT RATE AND THE APPLICA BLE PAID MEA L 11
REIMBURSEMENT RATE, AS SET ANNUALLY BY THE U.S. SECRETARY OF 12
AGRICULTURE UNDER 42 U.S.C. § 1759A; AND 13
B. IF THE STUDENT DOES N OT ATTEND A SCHOOL T HAT 14
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 15
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 16
APPLICABLE FREE MEAL RATE AND THE APPLICA BLE PAID MEAL RATE , AS SET 17
ANNUALLY BY THE U.S. SECRETARY OF AGRICULTURE UNDER 42 U.S.C. § 1759A. 18
(e) (1) Beginning in fiscal year 2022, a county board or participating nonpublic 19
school may not charge a student who is eligible for a reduced price breakfast for any portion 20
of the cost of the meal. 21
(2) Beginning in fiscal year 2023, a county board or participating nonpublic 22
school may not charge a student who is eligible for a reduced price lunch for any portion of 23
the cost of the meal. 24
(3) BEGINNING IN FISCAL Y EAR 2026, A COUNTY BOARD OR 25
PARTICIPATING NONPUB LIC SCHOOL MAY NOT C HARGE ANY STUDENT AN Y PORTION 26
OF THE COST OF A BRE AKFAST THAT MEETS TH E NUTRITIONAL STANDA RDS OF THE 27
FEDERAL SCHOOL BREAKFAST PROGRAM OR A LUNCH TH AT MEETS THE 28
NUTRITIONAL STANDARD S OF THE NATIONAL SCHOOL LUNCH PROGRAM. 29
[7–603.] 7–604. 30
Each public school and participating nonpublic school in this State shall provide a 31
free feeding program for children who meet the standards adopted by the State Board under 32
this subtitle. 33
[7–604.] 7–605. 34
SENATE BILL 579 5
Funds appropriated for the [free feeding program] PROGRAM shall be used to 1
reimburse each county board and participating nonpublic school for the difference between 2
costs and all available reimbursements and other funds. 3
[7–605.] 7–606. 4
(a) The General Assembly finds the following policies desirable in the 5
administration and application of the [school feeding program] PROGRAM: 6
(1) Private organizations and corporations should be encouraged to 7
participate in the [program] PROGRAM; 8
(2) The identity of children who participate in the [free feeding program] 9
PROGRAM should remain anonymous and positive procedures should be adopted to 10
accomplish this; and 11
(3) Applications for participants in the [program] PROGRAM should be 12
brief and simple, based on a statement of present income and family size or of participation 13
in a social services or welfare program. 14
(b) There may not be discrimination in this [program] PROGRAM for elementary, 15
junior high, and high school students. 16
7–607. 17
IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE STATE, EACH 18
COUNTY BOARD , AND PARTICIPATING NO NPUBLIC SCHOOLS MAXI MIZE THE USE OF 19
ALL AVAILABLE FEDERA L FUNDS IN CARRYING OUT THE REQUIREMENTS OF THE 20
PROGRAM. 21
SECTION 2. AND BE IT FURTHER ENACTED, That th e Laws of Maryland read 22
as follows: 23
Article – Education 24
7–701. 25
(a) (1) The State Board shall require each county board to provide in each 26
elementary school a free breakfast, unless the school is exempted under § 7–702 of this 27
subtitle. 28
(2) (i) A nonpublic elementary school may provide a free breakfast 29
program in accordance with this subtitle. 30
(ii) If a nonpublic elementary school provides a free breakfast 31
program, the participating nonpublic elementary school shall be eligible for the State 32 6 SENATE BILL 579
reimbursement of the student share of the costs for those breakfasts under § 7–703 of this 1
article. 2
(b) The free breakfast required to be provided under this section shall meet the 3
standards of the United States Department of Agriculture. 4
7–702. 5
[(a)] The State Superintendent shall exempt any elementary school from the 6
requirements of this subtitle if: 7
(1) (i) The school has made a breakfast program available for at least 3 8
consecutive months; and 9
(ii) The participation is less than 25% of the number of students 10
eligible for free and reduced price eligible meals in each month; OR 11
(2) (i) The county board approves an alternative nutrition program that 12
the school has instituted; 13
(ii) The school regularly conducts an assessment of the alternative 14
program that provides evidence of success in achieving program objectives; and 15
(iii) The school submits an annual report of the assessment to the 16
county board and the State[; 17
(3) (i) The school requests an exemption for reasons of a compelling 18
nature to the county board; and 19
(ii) After review and approval, the county board submits the request 20
for exemption to the State Superintendent; or 21
(4) The school has less than 15% of its enrollment approved for free and 22
reduced price eligible meals]. 23
[(b) The exemption in subsection (a)(4) of this section shall continue from year to 24
year without the need for reapplication, until there is a 10% increase in the number of 25
students approved for free and reduced price eligible meals.] 26
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 27
effect July 1, 2025. 28
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 29
3 of this Act, this Act shall take effect July 1, 2024. 30