Texas 2017 - 85th Regular

Texas Senate Bill SB1696 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Lucio S.B. No. 1696
	2	+	(In the Senate - Filed March 9, 2017; March 22, 2017, read
	3	+	first time and referred to Committee on Education; May 3, 2017,
	4	+	reported adversely, with favorable Committee Substitute by the
	5	+	following vote: Yeas 7, Nays 3, 1 present not voting; May 3, 2017,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1696 By: Lucio
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6		-	relating to ~~federal lunch programs for~~ public ~~school students,~~
7		-	~~including a study on participation in such programs and school~~
8		-	~~district lunch grace period policies~~.
	13	+	relating to a periodic study on participation of public schools in a
	14	+	universal lunch program offered through the United States
	15	+	Department of Agriculture.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Subchapter Z, Chapter 33, Education Code, is
11	18		amended by adding Section 33.9011 to read as follows:
12	19		Sec. 33.9011. STUDY ON PROVIDING UNIVERSAL LUNCH. (a) Not
13	20		later than March 1 of each odd-numbered year, the agency, with
14	21		assistance from the Department of Agriculture, shall conduct a
15	22		study to determine the school districts and open-enrollment charter
16	23		schools eligible to provide a universal lunch to all students
17	24		through participation in the Community Eligibility Provision
18	25		administered by the United States Department of Agriculture, as
19	26		provided by the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. No.
20	27		111-296).
21	28		(b) Not later than May 1 of each odd-numbered year, the
22	29		agency shall:
23	30		(1) notify each school district and open-enrollment
24	31		charter school that is eligible to participate in the Community
25	32		Eligibility Provision; and
26	33		(2) require each district and school notified under
27	34		Subdivision (1) that does not participate in the Community
28	35		Eligibility Provision at a majority of their eligible campuses to:
29	36		(A) perform an economic analysis of cost savings
30	37		that would result from participation in the program; and
31	38		(B) report the results of the analysis to the
32	39		agency not later than November 15 of each odd-numbered year.
33	40		(c) If the economic analysis performed by a school district
34	41		or open-enrollment charter school under Subsection (b) indicates
35	42		cost savings would result from participation in the Community
36	43		Eligibility Provision, the district or school must consider
37	44		participating in the program.
38	45		(d) If a school district or open-enrollment charter school
39	46		that would receive cost savings from participation in the Community
40	47		Eligibility Provision does not implement the program, the district
41	48		or school shall notify the agency that the district or school did
42	49		not implement the program and provide details stating the reason
43	50		the district or school did not implement the program.
44	51		(e) Not later than January 31 of each even-numbered year,
45	52		the agency shall submit to the governor, lieutenant governor,
46	53		speaker of the house of representatives, and members of the
47	54		legislature a report that includes a list that identifies the
48	55		school districts and open-enrollment charter schools eligible to
49	56		provide a universal lunch to all students through participation in
50	57		the Community Eligibility Provision and the potential cost savings
51	58		to each district and school that could result from that
52	59		participation.
53		-	SECTION 2. Section 33.908, Education Code, is amended to
54		-	read as follows:
55		-	Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR
56		-	INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section,
57		-	"regular meal" means a meal for which a school district ordinarily
58		-	receives reimbursement under the national free or reduced-price
59		-	lunch program established under 42 U.S.C. Section 1751 et seq.
60		-	(b) A school district that allows students to use a prepaid
61		-	meal card or account to purchase meals served at the school shall
62		-	adopt a grace period policy regarding the use of the cards or
63		-	accounts. The policy:
64		-	(1) must allow a student whose meal card or account
65		-	balance is exhausted or insufficient to continue, for a grace
66		-	period determined by the board of trustees of the district, to
67		-	purchase regular meals by:
68		-	(A) accumulating a negative balance on the
69		-	student's card or account; or
70		-	(B) otherwise receiving an extension of credit
71		-	from the district;
72		-	(2) must require the district to make at least one
73		-	attempt by telephone or e-mail during each week of the grace period
74		-	to privately:
75		-	(A) notify the parent of or person standing in
76		-	parental relation to the student that the student's meal card or
77		-	account balance is exhausted;
78		-	(B) make arrangements with the parent or other
79		-	person for payment of negative balances or amounts otherwise due,
80		-	including through use of a payment plan; and
81		-	(C) assist the parent or other person in
82		-	completing an application on behalf of the student for free or
83		-	reduced-price meals, if it is determined that the student may be
84		-	eligible for free or reduced-price meals;
85		-	(3) must require the district to provide the parent or
86		-	other person with a written notice of a negative balance or other
87		-	amount due that includes information on how to obtain an
88		-	application for free or reduced-price meals;
89		-	(4) may not permit the district to charge a fee or
90		-	interest in connection with meals purchased under Subdivision (1);
91		-	and
92		-	(5) [(4)] may permit the district to set a schedule
93		-	for repayment on the account balance or other amount due if the
94		-	district is unable to set a repayment schedule by agreement through
95		-	efforts required under Subdivision (2) [as part of the notice to the
96		-	parent or person standing in parental relation to the student].
97		-	(c) After expiration of the grace period, the school
98		-	district may:
99		-	(1) permit the student to continue to purchase regular
100		-	meals in the manner described by Subsection (b)(1); or
101		-	(2) provide the student with alternate meals at no
102		-	cost.
103		-	(d) A school district that elects to provide alternate meals
104		-	must:
105		-	(1) privately notify the student's parent or person
106		-	standing in parental relation to the student of the district's
107		-	action; and
108		-	(2) provide those meals through the same serving line
109		-	as regular meals.
110		-	(e) If a school district provides regular meals to a student
111		-	under Subsection (c)(1) and is unable at the end of the school year
112		-	to obtain payment for the meals from the student's parent or person
113		-	standing in parental relation to the student, the district may pay
114		-	the negative balance on the student's meal card or account using
115		-	private donations solicited by the district from individuals and
116		-	entities for that purpose and maintained in a separate district
117		-	account. The amount of any private donations received under this
118		-	subsection is in addition to any reimbursement to which the
119		-	district is entitled under federal law.
120		-	(f) A school district may not publicly identify a student
121		-	with a negative balance on a meal card or account and must implement
122		-	any action authorized under this section in a manner that protects
123		-	the student's privacy. The district's policy must identify the
124		-	manner in which the district will protect the student's privacy.
125		-	SECTION 3. Section 33.908, Education Code, as amended by
126		-	this Act, applies beginning with the 2017-2018 school year.
127		-	SECTION 4. This Act takes effect immediately if it receives
	60	+	SECTION 2. This Act takes effect immediately if it receives
128	61		a vote of two-thirds of all the members elected to each house, as
129	62		provided by Section 39, Article III, Texas Constitution. If this
130	63		Act does not receive the vote necessary for immediate effect, this
131	64		Act takes effect September 1, 2017.
	65	+	* * * * *