EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[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.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 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
Annotated Code of Maryland 18
(2022 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Education 21
Section 7–601 through 7–605 and 7–702 22
Annotated Code of Maryland 23 2 SENATE BILL 579
(2022 Replacement Volume and 2023 Supplement) 1
BY repealing and reenacting, without amendments, 2
Article – Education 3
Section 7–701 4
Annotated Code of Maryland 5
(2022 Replacement Volume and 2023 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Education 9
7–601. 10
IN THIS SUBTITLE, “PROGRAM” MEANS THE STATE FREE FEEDING PROGRAM. 11
[7–601.] 7–602. 12
(a) The State Board shall adopt and publish standards for the administration of 13
the [free feeding program] PROGRAM. 14
(b) The standards shall [provide for eligibility requirements for the program] 15
ENSURE THAT , BEGINNING IN FISCAL YEAR 2026: 16
(1) IF A SCHOOL PARTICIPA TES IN THE FEDERAL SCHOOL 17
BREAKFAST PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE BREAKFAST TO A 18
STUDENT, EACH STUDENT IN THE SCHOOL SHALL BE OFFE RED A FREE BREAKFAST 19
THAT MEETS THE U.S. DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS 20
UNDER THE FEDERAL SCHOOL BREAKFAST PROGRAM; AND 21
(2) IF A SCHOOL PARTICIPA TES IN THE NATIONAL SCHOOL LUNCH 22
PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE LUNCH TO A STUDE NT, EACH 23
STUDENT IN THE SCHOO L SHALL BE OFFERED A FREE LUNCH THAT MEET S THE U.S. 24
DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS UNDER THE NATIONAL 25
SCHOOL LUNCH PROGRAM. 26
[7–602.] 7–603. 27
(a) There is a State Free Feeding Program. 28
(b) (1) Each year the State Superintendent shall determine the amount of 29
State money required to provide the Program in accordance with the standards adopted by 30
the State Board under this subtitle. 31
SENATE BILL 579 3
(2) The amount included for this Program in the annual State budget, 1
including any federal funds, and as submitted to and appropriated by the General 2
Assembly, shall be distributed to the county boards and participating nonpublic schools in 3
the same manner as the process established under § 5–205 of this article. 4
(c) (1) A nonpublic school in the State that participates in the federal School 5
Breakfast Program or the National School Lunch Program may participate in the [State 6
free feeding program] PROGRAM. 7
(2) If a nonpublic school participates in the [State free feeding program] 8
PROGRAM, the State shall be responsible for reimbursing the participating nonpublic 9
school under subsection (d) of this section. 10
(d) (1) [The] EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 11
SUBSECTION, THE State shall be responsible for reimbursing a county board or a 12
participating nonpublic school for the student share of the costs of: 13
[(1)] (I) Breakfasts provided to all students eligible for a reduced price 14
breakfast under the federal School Breakfast Program according to the following schedule: 15
[(i)] 1. For fiscal year 2020, 10 cents per student; 16
[(ii)] 2. For fiscal year 2021, 20 cents per student; and 17
[(iii)] 3. For fiscal year 2022 and each fiscal year thereafter, the 18
greater of 30 cents per student or the required federal per meal charge to students; and 19
[(2)] (II) Lunches provided to all students eligible for a reduced price 20
lunch under the National School Lunch Program according to the following schedule: 21
[(i)] 1. For fiscal year 2020, 10 cents per student; 22
[(ii)] 2. For fiscal year 2021, 20 cents per student; 23
[(iii)] 3. For fiscal year 2022, 30 cents per student; and 24
[(iv)] 4. For fiscal year 2023 and each fiscal year thereafter, the 25
greater of 40 cents per student or the required federal per meal charge to students. 26
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , FOR 27
FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , THE STATE SHALL BE 28
RESPONSIBLE FOR REIM BURSING A COUNTY BOA RD OR A PARTICIPATIN G 29
NONPUBLIC SCHOOL FOR THE COST OF: 30
4 SENATE BILL 579
1. OFFERING EACH STUDENT IN A PARTICIPATING 1
SCHOOL A FREE BREAKF AST THAT QUALIFIES U NDER THE U.S. DEPARTMENT OF 2
AGRICULTURE REIMBURSA BLE GUIDELINES ; AND 3
2. OFFERING EACH STUDENT IN A PARTICIPATING 4
SCHOOL A FREE LUNCH THAT QUALIFIES UNDER THE U.S. DEPARTMENT OF 5
AGRICULTURE REIMBURSA BLE GUIDELINES . 6
(II) 1. IN CALCULATING THE CO ST OF REIMBURSING A 7
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A ST UDENT WHO IS 8
ELIGIBLE FOR A REDUC ED PRICE BREAKFAST O R LUNCH, THE STATE SHALL USE THE 9
REIMBURSEMENT RATE L ISTED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 10
2. IN CALCULATING THE CO ST OF REIMBURSING A 11
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A ST UDENT WHO IS 12
NOT COVERED UNDER SU BSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH : 13
A. IF THE STUDENT ATTEND S A SCHOOL THAT 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 REIMBURSEMENT RATE A ND THE APPLICABLE PA ID MEAL 17
REIMBURSEMENT RATE , AS SET ANNUALLY BY T HE U.S. SECRETARY OF 18
AGRICULTURE UNDER 42 U.S.C. § 1759A; AND 19
B. IF THE STUDENT DOES N OT ATTEND A SCHOOL T HAT 20
PARTICIPATES IN THE FEDERAL COM MUNITY ELIGIBILITY P ROVISION OF THE CHIL D 21
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 22
APPLICABLE FREE MEAL RATE AND THE APPLICA BLE PAID MEAL RATE , AS SET 23
ANNUALLY BY THE U.S. SECRETARY OF AGRICULTURE UNDER 42 U.S.C. § 1759A. 24
(e) (1) Beginning in fiscal year 2022, a county board or participating nonpublic 25
school may not charge a student who is eligible for a reduced price breakfast for any portion 26
of the cost of the meal. 27
(2) Beginning in fiscal year 2023, a county board or participating nonpublic 28
school may not charge a student who is eligible for a reduced price lunch for any portion of 29
the cost of the meal. 30
(3) BEGINNING IN FISCAL Y EAR 2026, A COUNTY BOARD OR 31
PARTICIPATING NONPUB LIC SCHOOL MAY NOT C HARGE ANY STUDENT AN Y PORTION 32
OF THE COST OF A BRE AKFAST THAT MEETS TH E NUTRITIONAL STANDA RDS OF THE 33
FEDERAL SCHOOL BREAKFAST PROGRAM OR A LUNCH TH AT MEETS THE 34
NUTRITIONAL STANDARD S OF THE NATIONAL SCHOOL LUNCH PROGRAM. 35
SENATE BILL 579 5
[7–603.] 7–604. 1
Each public school and participating nonpublic school in this State shall provide a 2
free feeding program for children who meet the standards adopted by the State Board under 3
this subtitle. 4
[7–604.] 7–605. 5
Funds appropriated for the [free feeding program] PROGRAM shall be used to 6
reimburse each county board and participating nonpublic school for the difference between 7
costs and all available reimbursements and other funds. 8
[7–605.] 7–606. 9
(a) The General Assembly finds the following policies desirable in the 10
administration and application of the [school feeding program] PROGRAM: 11
(1) Private organizations and corporations should be encouraged to 12
participate in the [program] PROGRAM; 13
(2) The identity of children who participate in the [free feeding program] 14
PROGRAM should remain anonymous and positive procedures should be adopted to 15
accomplish this; and 16
(3) Applications for participants in the [program] PROGRAM should be 17
brief and simple, based on a statement of present income and family size or of participation 18
in a social services or welfare program. 19
(b) There may not be discrimination in this [program] PROGRAM for elementary, 20
junior high, and high school students. 21
7–607. 22
IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE STATE, EACH 23
COUNTY BOARD , AND PARTICIPATING NO NPUBLIC SCHOOLS MAXI MIZE THE USE OF 24
ALL AVAILABLE FEDERA L FUNDS IN CARRYING OUT THE REQUIREMENTS OF THE 25
PROGRAM. 26
SECTION 2. AND BE IT FURTHE R ENACTED, That the Laws of Maryland read 27
as follows: 28
Article – Education 29
7–701. 30
6 SENATE BILL 579
(a) (1) The State Board shall require each county board to provide in each 1
elementary school a free breakfast, unless the school is exempted under § 7–702 of this 2
subtitle. 3
(2) (i) A nonpublic elementary school may provide a free breakfast 4
program in accordance with this subtitle. 5
(ii) If a nonpublic elementary school provides a free breakfast 6
program, the participating nonpublic elementary school shall be eligible for the State 7
reimbursement of the student share of the costs for those breakfasts under § 7–703 of this 8
article. 9
(b) The free breakfast required to be provided under this section shall meet the 10
standards of the United States Department of Agriculture. 11
7–702. 12
[(a)] The State Superintendent shall exempt any elementary school from the 13
requirements of this subtitle if: 14
(1) (i) The school has made a breakfast program available for at least 3 15
consecutive months; and 16
(ii) The participation is less than 25% of the number of students 17
eligible for free and reduced price eligible meals in each month; OR 18
(2) (i) The county board approves an alternative nutrition program that 19
the school has instituted; 20
(ii) The school regularly conducts an assessment of the alternative 21
program that provides evidence of success in achieving program objectives; and 22
(iii) The school submits an annual report of the assessment to the 23
county board and the State[; 24
(3) (i) The school requests an exemption for reasons of a compelling 25
nature to the county board; and 26
(ii) After review and approval, the county board submits the request 27
for exemption to the State Superintendent; or 28
(4) The school has less than 15% of its enrollment approved for free and 29
reduced price eligible meals]. 30
SENATE BILL 579 7
[(b) The exemption in subsection (a)(4) of this section shall continue from year to 1
year without the need for reapplication, until there is a 10% increase in the number of 2
students approved for free and reduced price eligible meals.] 3
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 4
effect July 1, 2025. 5
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 6
3 of this Act, this Act shall take effect July 1, 2024. 7
(a) On or before December 1, 2024, the State Department of Education shall 8
report to the General Assembly, in accordance with § 2–1257 of the State Government 9
Article, on the cost to provide free breakfast and lunch to all students in public schools in 10
the State. 11
(b) In determining the cost estimate for the report required under subsection (a) 12
of this section, the Department shall consider: 13
(1) for each county, the current rate of providing free breakfast and lunch 14
through programs including: 15
(i) Maryland Meals for Achievement; and 16
(ii) participation in the United States Department of Agriculture 17
Community Eligibility Program; and 18
(2) for each county, including data disaggregated by elementary, middle, 19
and high school, and by breakfast and lunch: 20
(i) the participation rates in the school meals program; 21
(ii) the student cost for meals; 22
(iii) subsidies provided to students to assist in the cost of meals; 23
(iv) school attendance rates; 24
(v) the staffing costs of providing meals on a per pupil basis; and 25
(vi) the thresholds for participation in the Community Eligibility 26
Provisions. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
1, 2024. It shall remain effective for a period of 1 year and, at the end of June 30, 2025, this 29
Act, with no further action required by the General Assembly, shall be abrogated and of no 30
further force and effect. 31