1 | 1 | | 86R12283 CAE-D |
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2 | 2 | | By: Ramos H.B. No. 2954 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to school district grace period policies and the provision |
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8 | 8 | | of meals to public school students with insufficient balances on |
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9 | 9 | | prepaid meal cards or in meal accounts. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 33.908, Education Code, is amended to |
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12 | 12 | | read as follows: |
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13 | 13 | | Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR |
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14 | 14 | | INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section, |
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15 | 15 | | "regular meal" means a meal for which a school district ordinarily |
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16 | 16 | | receives reimbursement under the national free or reduced-price |
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17 | 17 | | lunch program established under 42 U.S.C. Section 1751 et seq. |
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18 | 18 | | (b) The board of trustees of a school district that allows |
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19 | 19 | | students to use a prepaid meal card or account to purchase meals |
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20 | 20 | | served at schools in the district shall adopt a grace period policy |
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21 | 21 | | regarding the use of the cards or accounts. The policy: |
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22 | 22 | | (1) must allow a student whose meal card or account |
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23 | 23 | | balance is exhausted or insufficient to continue, for a grace |
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24 | 24 | | period determined by the board of at least two weeks, to purchase |
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25 | 25 | | regular meals by: |
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26 | 26 | | (A) accumulating a negative balance on the |
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27 | 27 | | student's card or account; or |
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28 | 28 | | (B) otherwise receiving an extension of credit |
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29 | 29 | | from the district; |
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30 | 30 | | (2) must require the district to make at least three |
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31 | 31 | | attempts by telephone or electronic mail during each week of the |
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32 | 32 | | grace period to privately: |
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33 | 33 | | (A) notify the parent of or person standing in |
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34 | 34 | | parental relation to the student that the student's meal card or |
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35 | 35 | | account balance is exhausted; |
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36 | 36 | | (B) make arrangements with the parent or other |
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37 | 37 | | person for payment of negative balances or amounts otherwise due, |
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38 | 38 | | including through use of a payment plan; and |
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39 | 39 | | (C) assist the parent or other person in |
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40 | 40 | | completing an application on behalf of the student for free or |
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41 | 41 | | reduced-price meals, if it is determined that the student may be |
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42 | 42 | | eligible for free or reduced-price meals; |
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43 | 43 | | (3) must require the district to send home with the |
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44 | 44 | | student in an unmarked white envelope a written notice of a negative |
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45 | 45 | | balance or other amount due and an application for free or |
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46 | 46 | | reduced-price meals; |
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47 | 47 | | (4) may not permit the district to charge a fee or |
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48 | 48 | | interest in connection with meals purchased under Subdivision (1); |
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49 | 49 | | and |
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50 | 50 | | (5) [(4)] may permit the district to set a schedule |
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51 | 51 | | for repayment on the account balance or other amount due if the |
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52 | 52 | | district is unable to set a repayment schedule by agreement through |
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53 | 53 | | efforts required under Subdivision (2) [as part of the notice to the |
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54 | 54 | | parent or person standing in parental relation to the student]. |
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55 | 55 | | (c) After expiration of the grace period, the school |
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56 | 56 | | district may: |
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57 | 57 | | (1) permit the student to continue to purchase regular |
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58 | 58 | | meals in the manner described by Subsection (b)(1); or |
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59 | 59 | | (2) provide the student with alternative meals at no |
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60 | 60 | | cost. |
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61 | 61 | | (d) A school district that elects to provide alternative |
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62 | 62 | | meals must: |
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63 | 63 | | (1) privately notify the student's parent or person |
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64 | 64 | | standing in parental relation to the student of the district's |
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65 | 65 | | action; and |
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66 | 66 | | (2) provide those meals through the same serving line |
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67 | 67 | | as regular meals. |
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68 | 68 | | (e) If a school district provides regular meals to a student |
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69 | 69 | | under Subsection (c)(1) and is unable at the end of the school year |
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70 | 70 | | to obtain payment for the meals from the student's parent or person |
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71 | 71 | | standing in parental relation to the student, the district may pay |
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72 | 72 | | the negative balance on the student's meal card or account using |
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73 | 73 | | private donations solicited by the district from individuals and |
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74 | 74 | | entities for that purpose and maintained in a separate district |
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75 | 75 | | account. The amount of any private donations received under this |
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76 | 76 | | subsection is in addition to any reimbursement to which the |
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77 | 77 | | district is entitled under federal law. |
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78 | 78 | | (f) A school district may not publicly identify a student |
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79 | 79 | | with a negative balance on a meal card or account and must implement |
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80 | 80 | | any action authorized under this section in a manner that does not |
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81 | 81 | | stigmatize a student or cause embarrassment. The district's policy |
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82 | 82 | | must identify the manner in which the district will prevent |
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83 | 83 | | stigmatizing a student or causing embarrassment. |
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84 | 84 | | SECTION 2. This Act applies beginning with the 2019-2020 |
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85 | 85 | | school year. |
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86 | 86 | | SECTION 3. This Act takes effect immediately if it receives |
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87 | 87 | | a vote of two-thirds of all the members elected to each house, as |
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88 | 88 | | provided by Section 39, Article III, Texas Constitution. If this |
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89 | 89 | | Act does not receive the vote necessary for immediate effect, this |
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90 | 90 | | Act takes effect September 1, 2019. |
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