By: Lucio S.B. No. 1696
A BILL TO BE ENTITLED
AN ACT
relating to federal lunch programs for public school students,
including a study on participation in such programs and school
district lunch grace period policies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 33, Education Code, is
amended by adding Section 33.9011 to read as follows:
Sec. 33.9011. STUDY ON PROVIDING UNIVERSAL LUNCH. (a) Not
later than March 1 of each odd-numbered year, the agency, with
assistance from the Department of Agriculture, shall conduct a
study to determine the school districts and open-enrollment charter
schools eligible to provide a universal lunch to all students
through participation in the Community Eligibility Provision
administered by the United States Department of Agriculture, as
provided by the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. No.
111-296).
(b) Not later than May 1 of each odd-numbered year, the
agency shall:
(1) notify each school district and open-enrollment
charter school that is eligible to participate in the Community
Eligibility Provision; and
(2) require each district and school notified under
Subdivision (1) that does not participate in the Community
Eligibility Provision at a majority of their eligible campuses to:
(A) perform an economic analysis of cost savings
that would result from participation in the program; and
(B) report the results of the analysis to the
agency not later than November 15 of each odd-numbered year.
(c) If the economic analysis performed by a school district
or open-enrollment charter school under Subsection (b) indicates
cost savings would result from participation in the Community
Eligibility Provision, the district or school must consider
participating in the program.
(d) If a school district or open-enrollment charter school
that would receive cost savings from participation in the Community
Eligibility Provision does not implement the program, the district
or school shall notify the agency that the district or school did
not implement the program and provide details stating the reason
the district or school did not implement the program.
(e) Not later than January 31 of each even-numbered year,
the agency shall submit to the governor, lieutenant governor,
speaker of the house of representatives, and members of the
legislature a report that includes a list that identifies the
school districts and open-enrollment charter schools eligible to
provide a universal lunch to all students through participation in
the Community Eligibility Provision and the potential cost savings
to each district and school that could result from that
participation.
SECTION 2. Section 33.908, Education Code, is amended to
read as follows:
Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR
INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section,
"regular meal" means a meal for which a school district ordinarily
receives reimbursement under the national free or reduced-price
lunch program established under 42 U.S.C. Section 1751 et seq.
(b) A school district that allows students to use a prepaid
meal card or account to purchase meals served at the school shall
adopt a grace period policy regarding the use of the cards or
accounts. The policy:
(1) must allow a student whose meal card or account
balance is exhausted or insufficient to continue, for a grace
period determined by the board of trustees of the district, to
purchase regular meals by:
(A) accumulating a negative balance on the
student's card or account; or
(B) otherwise receiving an extension of credit
from the district;
(2) must require the district to make at least one
attempt by telephone or e-mail during each week of the grace period
to privately:
(A) notify the parent of or person standing in
parental relation to the student that the student's meal card or
account balance is exhausted;
(B) make arrangements with the parent or other
person for payment of negative balances or amounts otherwise due,
including through use of a payment plan; and
(C) assist the parent or other person in
completing an application on behalf of the student for free or
reduced-price meals, if it is determined that the student may be
eligible for free or reduced-price meals;
(3) must require the district to provide the parent or
other person with a written notice of a negative balance or other
amount due that includes information on how to obtain an
application for free or reduced-price meals;
(4) may not permit the district to charge a fee or
interest in connection with meals purchased under Subdivision (1);
and
(5) [(4)] may permit the district to set a schedule
for repayment on the account balance or other amount due if the
district is unable to set a repayment schedule by agreement through
efforts required under Subdivision (2) [as part of the notice to the
parent or person standing in parental relation to the student].
(c) After expiration of the grace period, the school
district may:
(1) permit the student to continue to purchase regular
meals in the manner described by Subsection (b)(1); or
(2) provide the student with alternate meals at no
cost.
(d) A school district that elects to provide alternate meals
must:
(1) privately notify the student's parent or person
standing in parental relation to the student of the district's
action; and
(2) provide those meals through the same serving line
as regular meals.
(e) If a school district provides regular meals to a student
under Subsection (c)(1) and is unable at the end of the school year
to obtain payment for the meals from the student's parent or person
standing in parental relation to the student, the district may pay
the negative balance on the student's meal card or account using
private donations solicited by the district from individuals and
entities for that purpose and maintained in a separate district
account. The amount of any private donations received under this
subsection is in addition to any reimbursement to which the
district is entitled under federal law.
(f) A school district may not publicly identify a student
with a negative balance on a meal card or account and must implement
any action authorized under this section in a manner that protects
the student's privacy. The district's policy must identify the
manner in which the district will protect the student's privacy.
SECTION 3. Section 33.908, Education Code, as amended by
this Act, applies beginning with the 2017-2018 school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.