WES MOORE, Governor Ch. 191
– 1 –
Chapter 191
(Senate Bill 579)
AN ACT concerning
Primary and Secondary Education – Breakfast and Lunch Programs – Universal
Expansion Report
FOR the purpose of altering the standards of the State Free Feeding Program, beginning
in a certain fiscal year, to require that if a school participates in a certain federal
nutritional program, then each student in the school must be offered a meal at no
cost to the student; providing for the reimbursement rate at which the State shall
pay county boards and participating nonpublic schools for the free meals offered to
students; prohibiting a county board or nonpublic school from charging a student any
portion of the cost of a certain breakfast or lunch requiring the State Department of
Education, on or before a certain date, to report to the General Assembly on a cost
estimate for providing free breakfast and lunch to all students in public schools; and
generally relating to a report on the expansion of breakfast and lunch meals to all
students in participating public schools.
BY adding to
Article – Education
Section 7–601 and 7–607
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 7–601 through 7–605 and 7–702
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Education
Section 7–701
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
7–601.
Ch. 191 2024 LAWS OF MARYLAND
– 2 –
IN THIS SUBTITLE, “PROGRAM” MEANS THE STATE FREE FEEDING PROGRAM.
[7–601.] 7–602.
(a) The State Board shall adopt and publish standards for the administration of
the [free feeding program] PROGRAM.
(b) The standards shall [provide for eligibility requirements for the program]
ENSURE THAT , BEGINNING IN FISCAL YEAR 2026:
(1) IF A SCHOOL PARTICIPA TES IN THE FEDERAL SCHOOL
BREAKFAST PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE BREAKFAST TO A
STUDENT, EACH STUDENT IN THE SCHOOL SHALL BE OFFE RED A FREE BREAKFAST
THAT MEETS THE U.S. DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS
UNDER THE FEDERAL SCHOOL BREAKFAST PROGRAM; AND
(2) IF A SCHOOL PARTICIPA TES IN THE NATIONAL SCHOOL LUNCH
PROGRAM BY PROVIDING A FREE OR REDUCED PR ICE LUNCH TO A STUDE NT, EACH
STUDENT IN THE SCHOO L SHALL BE OFFERED A FREE LUNCH THAT MEETS THE U.S.
DEPARTMENT OF AGRICULTURE NUTRITION STANDARDS UNDER THE NATIONAL
SCHOOL LUNCH PROGRAM.
[7–602.] 7–603.
(a) There is a State Free Feeding Program.
(b) (1) Each year the State Superintendent shall determine the amount of
State money required to provide the Program in accordance with the standards adopted by
the State Board under this subtitle.
(2) The amount included for this Program in the annual State budget,
including any federal funds, and as submitted to and appropriated by the General
Assembly, shall be distributed to the county boards and participating nonpublic schools in
the same manner as the process established under § 5–205 of this article.
(c) (1) A nonpublic school in the State that participates in the federal School
Breakfast Program or the National School Lunch Program may participate in the [State
free feeding program] PROGRAM.
(2) If a nonpublic school participates in the [State free feeding program]
PROGRAM, the State shall be responsible for reimbursing the participating nonpublic
school under subsection (d) of this section.
WES MOORE, Governor Ch. 191
– 3 –
(d) (1) [The] EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS
SUBSECTION, THE State shall be responsible for reimbursing a county board or a
participating nonpublic school for the student share of the costs of:
[(1)] (I) Breakfasts provided to all students eligible for a reduced price
breakfast under the federal School Breakfast Program according to the following schedule:
[(i)] 1. For fiscal year 2020, 10 cents per student;
[(ii)] 2. For fiscal year 2021, 20 cents per student; and
[(iii)] 3. For fiscal year 2022 and each fiscal year thereafter, the
greater of 30 cents per student or the required federal per meal charge to students; and
[(2)] (II) Lunches provided to all students eligible for a reduced price
lunch under the National School Lunch Program according to the following schedule:
[(i)] 1. For fiscal year 2020, 10 cents per student;
[(ii)] 2. For fiscal year 2021, 20 cents per student;
[(iii)] 3. For fiscal year 2022, 30 cents per student; and
[(iv)] 4. For fiscal year 2023 and each fiscal year thereafter, the
greater of 40 cents per student or the required federal per meal charge to students.
(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , FOR
FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , THE STATE SHALL BE
RESPONSIBLE FOR REIM BURSING A COUNTY BOA RD OR A PARTICIPATIN G
NONPUBLIC SCHOOL FOR THE COST OF:
1. OFFERING EACH STUDENT IN A PARTICIPATING
SCHOOL A FREE BREAKFA ST THAT QUALIFIES UN DER THE U.S. DEPARTMENT OF
AGRICULTURE REIMBURSA BLE GUIDELINES ; AND
2. OFFERING EACH STUDENT IN A PARTICIPATING
SCHOOL A FREE LUNCH THAT QUALIFIES UNDER THE U.S. DEPARTMENT OF
AGRICULTURE REIMBURSA BLE GUIDELINES.
(II) 1. IN CALCULATING THE CO ST OF REIMBURSING A
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS
ELIGIBLE FOR A REDUC ED PRICE BREAKFAST O R LUNCH, THE STATE SHALL USE THE
REIMBURSEMENT RATE L ISTED UNDER PARAGRAP H (1) OF THIS SUBSECTION .
Ch. 191 2024 LAWS OF MARYLAND
– 4 –
2. IN CALCULATING THE CO ST OF REIMBURSING A
COUNTY BOARD OR PART ICIPATING NONPUBLIC SCHOOL FOR A STUDENT WHO IS
NOT COVERED UNDER SU BSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH :
A. IF THE STUDENT ATTEND S A SCHOOL THAT
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E
APPLICABLE FREE MEAL REIMBURSEMENT RATE A ND THE APPLICABLE PA ID MEAL
REIMBURSEMENT RATE , AS SET ANNUALLY BY T HE U.S. SECRETARY OF
AGRICULTURE UNDER 42 U.S.C. § 1759A; AND
B. IF THE STUDENT DOES N OT ATTEND A SCHOOL T HAT
PARTICIPATES IN THE FEDERAL COMMUNITY EL IGIBILITY PROVISION OF THE CHILD
NUTRITION PROGRAMS , THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E
APPLICABLE FREE MEAL RATE AND THE APPLICABLE P AID MEAL RATE , AS SET
ANNUALLY BY THE U.S. SECRETARY OF AGRICULTURE UNDER 42 U.S.C. § 1759A.
(e) (1) Beginning in fiscal year 2022, a county board or participating nonpublic
school may not charge a student who is eligible for a reduced price breakfast for any portion
of the cost of the meal.
(2) Beginning in fiscal year 2023, a county board or participating nonpublic
school may not charge a student who is eligible for a reduced price lunch for any portion of
the cost of the meal.
(3) BEGINNING IN FISCAL Y EAR 2026, A COUNTY BOARD OR
PARTICIPATING NONPUB LIC SCHOOL MAY NOT C HARGE ANY STUDENT AN Y PORTION
OF THE COST OF A BRE AKFAST THAT MEETS TH E NUTRITIONAL STANDA RDS OF THE
FEDERAL SCHOOL BREAKFAST PROGRAM OR A LUNCH TH AT MEETS THE
NUTRITIONAL STANDARDS OF THE NATIONAL SCHOOL LUNCH PROGRAM.
[7–603.] 7–604.
Each public school and participating nonpublic school in this State shall provide a
free feeding program for children who meet the standards adopted by the State Board under
this subtitle.
[7–604.] 7–605.
Funds appropriated for the [free feeding program] PROGRAM shall be used to
reimburse each county board and participating nonpublic school for the difference between
costs and all available reimbursements and other funds.
[7–605.] 7–606. WES MOORE, Governor Ch. 191
– 5 –
(a) The General Assembly finds the following policies desirable in the
administration and application of the [school feeding program] PROGRAM:
(1) Private organizations and corporations should be encouraged to
participate in the [program] PROGRAM;
(2) The identity of children who participate in the [free feeding program]
PROGRAM should remain anonymous and positive procedures should be adopted to
accomplish this; and
(3) Applications for participants in the [program] PROGRAM should be
brief and simple, based on a statement of present income and family size or of participation
in a social services or welfare program.
(b) There may not be discrimination in this [program] PROGRAM for elementary,
junior high, and high school students.
7–607.
IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE STATE, EACH
COUNTY BOARD , AND PARTICIPATING NO NPUBLIC SCHOOLS MAXI MIZE THE USE OF
ALL AVAILABLE FEDERA L FUNDS IN CARRYING OUT THE REQUIREMENTS OF THE
PROGRAM.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Education
7–701.
(a) (1) The State Board shall require each county board to provide in each
elementary school a free breakfast, unless the school is exempted under § 7–702 of this
subtitle.
(2) (i) A nonpublic elementary school may provide a free breakfast
program in accordance with this subtitle.
(ii) If a nonpublic elementary school provides a free breakfast
program, the participating nonpublic elementary school shall be eligible for the State
reimbursement of the student share of the costs for those breakfasts under § 7–703 of this
article.
(b) The free breakfast required to be provided under this section shall meet the
standards of the United States Department of Agriculture. Ch. 191 2024 LAWS OF MARYLAND
– 6 –
7–702.
[(a)] The State Superintendent shall exempt any elementary school from the
requirements of this subtitle if:
(1) (i) The school has made a breakfast program available for at least 3
consecutive months; and
(ii) The participation is less than 25% of the number of students
eligible for free and reduced price eligible meals in each month; OR
(2) (i) The county board approves an alternative nutrition program that
the school has instituted;
(ii) The school regularly conducts an assessment of the alternative
program that provides evidence of success in achieving program objectives; and
(iii) The school submits an annual report of the assessment to the
county board and the State[;
(3) (i) The school requests an exemption for reasons of a compelling
nature to the county board; and
(ii) After review and approval, the county board submits the request
for exemption to the State Superintendent; or
(4) The school has less than 15% of its enrollment approved for free and
reduced price eligible meals].
[(b) The exemption in subsection (a)(4) of this section shall continue from year to
year without the need for reapplication, until there is a 10% increase in the number of
students approved for free and reduced price eligible meals.]
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
effect July 1, 2025.
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
3 of this Act, this Act shall take effect July 1, 2024.
(a) (1) The Maryland General Assembly recognizes the positive impact on
students’ academic, physical, and social and emotional health that results from ensuring
students have access to breakfast and lunch programs while at school.
WES MOORE, Governor Ch. 191
– 7 –
(2) While Maryland has made significant progress in providing meals to all
students through a variety of programs, this has led to a patchwork approach across the
State.
(b) On or before December 1, 2024, the State Department of Education shall
report to the General Assembly, in accordance with § 2–1257 of the State Government
Article, on the cost to provide free breakfast and lunch to all students in public schools in
the State.
(b) (c) In determining the cost estimate for the report required under subsection (a)
(b) of this section, the Department shall consider:
(1) for each county, the current rate of providing free breakfast and lunch
through programs including:
(i) Maryland Meals for Achievement; and
(ii) participation in the United States Department of Agriculture
Community Eligibility Program; and
(2) for each county, including data disaggregated by elementary, middle,
and high school, and by breakfast and lunch:
(i) the participation rates in the school meals program;
(ii) the student cost for meals;
(iii) subsidies provided to students to assist in the cost of meals;
(iv) school attendance rates;
(v) the staffing costs of providing meals on a per pupil basis; and
(vi) the thresholds for participation in the Community Eligibility
Provisions.
(d) In addition, the Department shall compile research completed in other states
that have established universal meal programs and prepare a summary of any findings
presented in those reports as part of its report under subsection (b) of this section.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024. It shall remain effective for a period of 1 year and, at the end of June 30, 2025, this
Act, with no further action required by the General Assembly, shall be abrogated and of no
further force and effect.
Approved by the Governor, April 25, 2024.