Texas 2017 - 85th Regular

Texas House Bill HB2159 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R26983 KKA-D
2	2	By: Giddings H.B. No. 2159
3	3	Substitute the following for H.B. No. 2159:
4	4	By: Bernal C.S.H.B. No. 2159
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to school district grace period policies and the
10	10	provision of meals to public school students with insufficient
11	11	balances on prepaid meal cards or meal accounts.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 33.908, Education Code, is amended to
14	14	read as follows:
15	15	Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR
16	16	INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section,
17	17	"regular meal" means a meal for which a school district ordinarily
18	18	receives reimbursement under the national free or reduced-price
19	19	lunch program established under 42 U.S.C. Section 1751 et seq.
20	20	(b) A school district that allows students to use a prepaid
21	21	meal card or account to purchase meals served at the school shall
22	22	adopt a grace period policy regarding the use of the cards or
23	23	accounts. The policy:
24	24	(1) must allow a student whose meal card or account
25	25	balance is exhausted or insufficient to continue, for a grace
26	26	period determined by the board of trustees of the district, to
27	27	purchase regular meals by:
28	28	(A) accumulating a negative balance on the
29	29	student's card or account; or
30	30	(B) otherwise receiving an extension of credit
31	31	from the district;
32	32	(2) must require the district to make at least one
33	33	attempt by telephone or e-mail during each week of the grace period
34	34	to privately:
35	35	(A) notify the parent of or person standing in
36	36	parental relation to the student that the student's meal card or
37	37	account balance is exhausted;
38	38	(B) make arrangements with the parent or other
39	39	person for payment of negative balances or amounts otherwise due,
40	40	including through use of a payment plan; and
41	41	(C) assist the parent or other person in
42	42	completing an application on behalf of the student for free or
43	43	reduced-price meals, if it is determined that the student may be
44	44	eligible for free or reduced-price meals;
45	45	(3) must require the district to provide the parent or
46	46	other person with a written notice of a negative balance or other
47	47	amount due that includes information on how to obtain an
48	48	application for free or reduced-price meals;
49	49	(4) may not permit the district to charge a fee or
50	50	interest in connection with meals purchased under Subdivision (1);
51	51	and
52	52	(5) [(4)] may permit the district to set a schedule
53	53	for repayment on the account balance or other amount due if the
54	54	district is unable to set a repayment schedule by agreement through
55	55	efforts required under Subdivision (2) [as part of the notice to the
56	56	parent or person standing in parental relation to the student].
57	57	(c) After expiration of the grace period, the school
58	58	district may:
59	59	(1) permit the student to continue to purchase regular
60	60	meals in the manner described by Subsection (b)(1); or
61	61	(2) provide the student with alternate meals at no
62	62	cost.
63	63	(d) A school district that elects to provide alternate meals
64	64	must:
65	65	(1) privately notify the student's parent or person
66	66	standing in parental relation to the student of the district's
67	67	action; and
68	68	(2) provide those meals through the same serving line
69	69	as regular meals.
70	70	(e) If a school district provides regular meals to a student
71	71	under Subsection (c)(1) and is unable at the end of the school year
72	72	to obtain payment for the meals from the student's parent or person
73	73	standing in parental relation to the student, the district may pay
74	74	the negative balance on the student's meal card or account using
75	75	private donations solicited by the district from individuals and
76	76	entities for that purpose and maintained in a separate district
77	77	account. The amount of any private donations received under this
78	78	subsection is in addition to any reimbursement to which the
79	79	district is entitled under federal law.
80	80	(f) A school district may not publicly identify a student
81	81	with a negative balance on a meal card or account and must implement
82	82	any action authorized under this section in a manner that protects
83	83	the student's privacy. The district's policy must identify the
84	84	manner in which the district will protect the student's privacy.
85	85	SECTION 2. This Act applies beginning with the 2017-2018
86	86	school year.
87	87	SECTION 3. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2017.