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*sb0579*
SENATE BILL 579
F1 (4lr0862)
ENROLLED BILL
— Budget and Taxation and Education, Energy, and the Environment/Ways and
Means —
Introduced by Senator Guzzone
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 579
BY adding to 1
Article – Education 2
Section 7–601 and 7–607 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Education 7
Section 7–601 through 7–605 and 7–702 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – Education 12
Section 7–701 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Education 18
7–601. 19
IN THIS SUBTITLE, “PROGRAM” MEANS THE STATE FREE FEEDING PROGRAM. 20
[7–601.] 7–602. 21
(a) The State Board shall adopt and publish standards for the administration of 22
the [free feeding program] PROGRAM. 23
(b) The standards shall [provide for eligibility requirements for the program] 24
ENSURE THAT, BEGINNING IN FISCAL YEAR 2026: 25
(1) IF A SCHOOL PARTICIPA TES IN THE FEDERAL SCHOOL 26
BREAKFAST PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE BREAKFAST TO A 27
STUDENT, EACH STUDENT IN THE SCHOOL SHALL BE OFFE RED A FREE BREAKFAST 28
THAT MEETS THE U.S. DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS 29
UNDER THE FEDERAL SCHOOL BREAKFAST PROGRAM; AND 30
(2) IF A SCHOOL PARTICIPA TES IN THE NATIONAL SCHOOL LUNCH 31
PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE LUNCH TO A STUDE NT, EACH 32
STUDENT IN THE SCHOO L SHALL BE OFFERED A FREE LUN CH THAT MEETS THE U.S. 33 SENATE BILL 579 3
DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS UNDER THE NATIONAL 1
SCHOOL LUNCH PROGRAM. 2
[7–602.] 7–603. 3
(a) There is a State Free Feeding Program. 4
(b) (1) Each year the State Superintendent shall determine the amount of 5
State money required to provide the Program in accordance with the standards adopted by 6
the State Board under this subtitle. 7
(2) The amount included for this Program in the annual State budget, 8
including any federal funds, and as submitted to and appropriated by the General 9
Assembly, shall be distributed to the county boards and participating nonpublic schools in 10
the same manner as the process established under § 5–205 of this article. 11
(c) (1) A nonpublic school in the State that participates in the federal School 12
Breakfast Program or the National School Lunch Program may participate in the [State 13
free feeding program] PROGRAM. 14
(2) If a nonpublic school participates in the [State free feeding program] 15
PROGRAM, the State shall be responsible for reimbursing the participating nonpublic 16
school under subsection (d) of this section. 17
(d) (1) [The] EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 18
SUBSECTION, THE State shall be responsible for reimbursing a county board or a 19
participating nonpublic school for the student share of the costs of: 20
[(1)] (I) Breakfasts provided to all students eligible for a reduced price 21
breakfast under the federal School Breakfast Program according to the following schedule: 22
[(i)] 1. For fiscal year 2020, 10 cents per student; 23
[(ii)] 2. For fiscal year 2021, 20 cents per student; and 24
[(iii)] 3. For fiscal year 2022 and each fiscal year thereafter, the 25
greater of 30 cents per student or the required federal per meal charge to students; and 26
[(2)] (II) Lunches provided to all students eligible for a reduced price 27
lunch under the National School Lunch Program according to the following schedule: 28
[(i)] 1. For fiscal year 2020, 10 cents per student; 29
[(ii)] 2. For fiscal year 2021, 20 cents per student; 30
4 SENATE BILL 579
[(iii)] 3. For fiscal year 2022, 30 cents per student; and 1
[(iv)] 4. For fiscal year 2023 and each fiscal year thereafter, the 2
greater of 40 cents per student or the required federal per meal charge to students. 3
(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , FOR 4
FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , THE STATE SHALL BE 5
RESPONSIBLE FOR REIM BURSING A COUNTY BOA RD OR A PARTICIPATIN G 6
NONPUBLIC SCHOOL FOR THE COST OF: 7
1. OFFERING EACH STUDENT IN A PARTICIPATING 8
SCHOOL A FREE BREAKFA ST THAT QUALIFIES UN DER THE U.S. DEPARTMENT OF 9
AGRICULTURE REIMBURSA BLE GUIDELINES ; AND 10
2. OFFERING EACH STUDENT IN A PARTICIPATING 11
SCHOOL A FREE LUNCH THAT QUALIFIES UNDER THE U.S. DEPARTMENT OF 12
AGRICULTURE REIMBURSA BLE GUIDELINES. 13
(II) 1. IN CALCULATING THE CO ST OF REIMBURSING A 14
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 15
ELIGIBLE FOR A REDUC ED PRICE BREAKFAST O R LUNCH, THE STATE SHALL USE THE 16
REIMBURSEMENT RATE L ISTED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 17
2. IN CALCULATING THE CO ST OF REIMBURSING A 18
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS 19
NOT COVERED UNDER SU BSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH : 20
A. IF THE STUDENT ATTEND S A SCHOOL THAT 21
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 22
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 23
APPLICABLE FREE MEAL REIMBURSEMENT RATE A ND THE APPLICABLE PA ID MEAL 24
REIMBURSEMENT RATE , AS SET ANNUALLY BY T HE U.S. SECRETARY OF 25
AGRICULTURE UNDER 42 U.S.C. § 1759A; AND 26
B. IF THE STUDENT DOES N OT ATTEND A SCHOOL T HAT 27
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD 28
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 29
APPLICABLE FREE MEAL RATE AND THE APPLICABLE PA ID MEAL RATE , AS SET 30
ANNUALLY BY THE U.S. SECRETARY OF AGRICULTURE UNDER 42 U.S.C. § 1759A. 31
(e) (1) Beginning in fiscal year 2022, a county board or participating nonpublic 32
school may not charge a student who is eligible for a reduced price breakfast for any portion 33
of the cost of the meal. 34
SENATE BILL 579 5
(2) Beginning in fiscal year 2023, a county board or participating nonpublic 1
school may not charge a student who is eligible for a reduced price lunch for any portion of 2
the cost of the meal. 3
(3) BEGINNING IN FISCAL Y EAR 2026, A COUNTY BOARD OR 4
PARTICIPATING NONPUB LIC SCHOOL MAY NOT C HARGE ANY STUDENT AN Y PORTION 5
OF THE COST OF A BRE AKFAST THAT MEETS TH E NUTRITIONAL STANDA RDS OF THE 6
FEDERAL SCHOOL BREAKFAST PROGRAM OR A LUNCH TH AT MEETS THE 7
NUTRITIONAL STANDARDS O F THE NATIONAL SCHOOL LUNCH PROGRAM. 8
[7–603.] 7–604. 9
Each public school and participating nonpublic school in this State shall provide a 10
free feeding program for children who meet the standards adopted by the State Board under 11
this subtitle. 12
[7–604.] 7–605. 13
Funds appropriated for the [free feeding program] PROGRAM shall be used to 14
reimburse each county board and participating nonpublic school for the difference between 15
costs and all available reimbursements and other funds. 16
[7–605.] 7–606. 17
(a) The General Assembly finds the following policies desirable in the 18
administration and application of the [school feeding program] PROGRAM: 19
(1) Private organizations and corporations should be encouraged to 20
participate in the [program] PROGRAM; 21
(2) The identity of children who participate in the [free feeding program] 22
PROGRAM should remain anonymous and positive procedures should be adopted to 23
accomplish this; and 24
(3) Applications for participants in the [program] PROGRAM should be 25
brief and simple, based on a statement of present income and family size or of participation 26
in a social services or welfare program. 27
(b) There may not be discrimination in this [program] PROGRAM for elementary, 28
junior high, and high school students. 29
7–607. 30
IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE STATE, EACH 31
COUNTY BOARD , AND PARTICIPATING NO NPUBLIC SCHOOLS MAXI MIZE THE USE OF 32 6 SENATE BILL 579
ALL AVAILABLE FEDERA L FUNDS IN CARRYING OUT THE REQUIREMENTS OF THE 1
PROGRAM. 2
SECTION 2. AND BE IT FURTHER ENACT ED, That the Laws of Maryland read 3
as follows: 4
Article – Education 5
7–701. 6
(a) (1) The State Board shall require each county board to provide in each 7
elementary school a free breakfast, unless the school is exempted under § 7–702 of this 8
subtitle. 9
(2) (i) A nonpublic elementary school may provide a free breakfast 10
program in accordance with this subtitle. 11
(ii) If a nonpublic elementary school provides a free breakfast 12
program, the participating nonpublic elementary school shall be eligible for the State 13
reimbursement of the student share of the costs for those breakfasts under § 7–703 of this 14
article. 15
(b) The free breakfast required to be provided under this section shall meet the 16
standards of the United States Department of Agriculture. 17
7–702. 18
[(a)] The State Superintendent shall exempt any elementary school from the 19
requirements of this subtitle if: 20
(1) (i) The school has made a breakfast program available for at least 3 21
consecutive months; and 22
(ii) The participation is less than 25% of the number of students 23
eligible for free and reduced price eligible meals in each month; OR 24
(2) (i) The county board approves an alternative nutrition program that 25
the school has instituted; 26
(ii) The school regularly conducts an assessment of the alternative 27
program that provides evidence of success in achieving program objectives; and 28
(iii) The school submits an annual report of the assessment to the 29
county board and the State[; 30
SENATE BILL 579 7
(3) (i) The school requests an exemption for reasons of a compelling 1
nature to the county board; and 2
(ii) After review and approval, the county board submits the request 3
for exemption to the State Superintendent; or 4
(4) The school has less than 15% of its enrollment approved for free and 5
reduced price eligible meals]. 6
[(b) The exemption in subsection (a)(4) of this section shall continue from year to 7
year without the need for reapplication, until there is a 10% increase in the number of 8
students approved for free and reduced price eligible meals.] 9
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 10
effect July 1, 2025. 11
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 12
3 of this Act, this Act shall take effect July 1, 2024. 13
(a) (1) The Maryland General Assembly recognizes the positive impact on 14
students’ academic, physical, and social and emotional health that results from ensuring 15
students have access to breakfast and lunch programs while at school. 16
(2) While Maryland has made significant progress in providing meals to all 17
students through a variety of programs, this has led to a patchwork approach across the 18
State. 19
(b) On or before December 1, 2024, the State Department of Education shall 20
report to the General Assembly, in accordance with § 2–1257 of the State Government 21
Article, on the cost to provide free breakfast and lunch to all students in public schools in 22
the State. 23
(b) (c) In determining the cost estimate for the report required under subsection (a) 24
(b) of this section, the Department shall consider: 25
(1) for each county, the current rate of providing free breakfast and lunch 26
through programs including: 27
(i) Maryland Meals for Achievement; and 28
(ii) participation in the United States Department of Agriculture 29
Community Eligibility Program; and 30
(2) for each county, including data disaggregated by elementary, middle, 31
and high school, and by breakfast and lunch: 32
8 SENATE BILL 579
(i) the participation rates in the school meals program; 1
(ii) the student cost for meals; 2
(iii) subsidies provided to students to assist in the cost of meals; 3
(iv) school attendance rates; 4
(v) the staffing costs of providing meals on a per pupil basis; and 5
(vi) the thresholds for participation in the Community Eligibility 6
Provisions. 7
(d) In addition, the Department shall compile research completed in other states 8
that have established universal meal programs and prepare a summary of any findings 9
presented in those reports as part of its report under subsection (b) of this section. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 11
1, 2024. It shall remain effective for a period of 1 year and, at the end of June 30, 2025, this 12
Act, with no further action required by the General Assembly, shall be abrogated and of no 13
further force and effect. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.