Texas 2019 - 86th Regular

Texas Senate Bill SB1314 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12796 CAE-D
2	2	By: Lucio S.B. No. 1314
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a periodic study on participation of public schools in a
8	8	federal lunch program, to school district grace period policies,
9	9	and to the provision of meals to certain public school students.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter Z, Chapter 33, Education Code, is
12	12	amended by adding Section 33.9011 to read as follows:
13	13	Sec. 33.9011. STUDY ON PROVIDING UNIVERSAL LUNCH. (a) Not
14	14	later than March 1 of each odd-numbered year, the agency, with
15	15	assistance from the Department of Agriculture, shall conduct a
16	16	study to determine the school districts and open-enrollment charter
17	17	schools eligible to provide a universal lunch to all students
18	18	through participation in the Community Eligibility Provision
19	19	administered by the United States Department of Agriculture, as
20	20	provided by the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. No.
21	21	111-296).
22	22	(b) Not later than May 1 of each odd-numbered year, the
23	23	agency shall:
24	24	(1) notify each school district and open-enrollment
25	25	charter school that is eligible to participate in the Community
26	26	Eligibility Provision; and
27	27	(2) require each district and school notified under
28	28	Subdivision (1) that does not participate in the Community
29	29	Eligibility Provision at a majority of their eligible campuses to:
30	30	(A) perform an economic analysis of cost savings
31	31	that would result from participation in the program; and
32	32	(B) report the results of the analysis to the
33	33	agency not later than November 15 of each odd-numbered year.
34	34	(c) If the economic analysis performed by a school district
35	35	or open-enrollment charter school under Subsection (b) indicates
36	36	cost savings would result from participation in the Community
37	37	Eligibility Provision, the district or school must consider
38	38	participating in the program.
39	39	(d) If a school district or open-enrollment charter school
40	40	that would receive cost savings from participation in the Community
41	41	Eligibility Provision does not implement the program, the district
42	42	or school shall notify the agency that the district or school did
43	43	not implement the program and provide details stating the reason
44	44	the district or school did not implement the program.
45	45	(e) Not later than January 31 of each even-numbered year,
46	46	the agency shall submit to the governor, lieutenant governor,
47	47	speaker of the house of representatives, and members of the
48	48	legislature a report that includes a list that identifies the
49	49	school districts and open-enrollment charter schools eligible to
50	50	provide a universal lunch to all students through participation in
51	51	the Community Eligibility Provision and the potential cost savings
52	52	to each district and school that could result from that
53	53	participation.
54	54	SECTION 2. Section 33.908, Education Code, is amended to
55	55	read as follows:
56	56	Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR
57	57	INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section,
58	58	"regular meal" means a meal for which a school district ordinarily
59	59	receives reimbursement under the national free or reduced-price
60	60	lunch program established under 42 U.S.C. Section 1751 et seq.
61	61	(b) The board of trustees of a school district that allows
62	62	students to use a prepaid meal card or account to purchase meals
63	63	served at schools in the district shall adopt a grace period policy
64	64	regarding the use of the cards or accounts. The policy:
65	65	(1) must allow a student whose meal card or account
66	66	balance is exhausted or insufficient to continue, for a grace
67	67	period determined by the board, to purchase regular meals by:
68	68	(A) accumulating a negative balance on the
69	69	student's card or account; or
70	70	(B) otherwise receiving an extension of credit
71	71	from the district;
72	72	(2) must require the district to make at least one
73	73	attempt by telephone or e-mail during each week of the grace period
74	74	to privately:
75	75	(A) notify the parent of or person standing in
76	76	parental relation to the student that the student's meal card or
77	77	account balance is exhausted;
78	78	(B) make arrangements with the parent or other
79	79	person for payment of negative balances or amounts otherwise due,
80	80	including through use of a payment plan; and
81	81	(C) assist the parent or other person in
82	82	completing an application on behalf of the student for free or
83	83	reduced-price meals, if it is determined that the student may be
84	84	eligible for free or reduced-price meals;
85	85	(3) must require the district to provide the parent or
86	86	other person with a written notice of a negative balance or other
87	87	amount due that includes information on how to obtain an
88	88	application for free or reduced-price meals;
89	89	(4) may not permit the district to charge a fee or
90	90	interest in connection with meals purchased under Subdivision (1);
91	91	and
92	92	(5) [(4)] may permit the district to set a schedule
93	93	for repayment on the account balance or other amount due if the
94	94	district is unable to set a repayment schedule by agreement through
95	95	efforts required under Subdivision (2) [as part of the notice to the
96	96	parent or person standing in parental relation to the student].
97	97	(c) After expiration of the grace period, the school
98	98	district may:
99	99	(1) permit the student to continue to purchase regular
100	100	meals in the manner described by Subsection (b)(1); or
101	101	(2) provide the student with alternative meals at no
102	102	cost.
103	103	(d) A school district that provides alternative meals must:
104	104	(1) privately notify the student's parent or person
105	105	standing in parental relation to the student of the district's
106	106	action; and
107	107	(2) provide those meals through the same serving line
108	108	as regular meals.
109	109	(e) If a school district provides regular meals to a student
110	110	under Subsection (c)(1) and is unable at the end of the school year
111	111	to obtain payment for the meals from the student's parent or person
112	112	standing in parental relation to the student, the district may pay
113	113	the negative balance on the student's meal card or account using
114	114	private donations solicited by the district from individuals and
115	115	entities for that purpose and maintained in a separate district
116	116	account. The amount of any private donations received under this
117	117	subsection is in addition to any reimbursement to which the
118	118	district is entitled under federal law.
119	119	(f) A school district may not publicly identify a student
120	120	with a negative balance on a meal card or account and must implement
121	121	any action authorized under this section in a manner that protects
122	122	the student's privacy. The policy adopted under this section must
123	123	identify the manner in which the district will protect the
124	124	student's privacy.
125	125	SECTION 3. This Act applies beginning with the 2019-2020
126	126	school year.
127	127	SECTION 4. This Act takes effect immediately if it receives
128	128	a vote of two-thirds of all the members elected to each house, as
129	129	provided by Section 39, Article III, Texas Constitution. If this
130	130	Act does not receive the vote necessary for immediate effect, this
131	131	Act takes effect September 1, 2019.