By: Bernal H.B. No. 4740
A BILL TO BE ENTITLED
AN ACT
relating to school district grace period policies and the provision
of meals to public school students with insufficient balances on
prepaid meal cards or meal accounts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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" is defined as a meal in
which the 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) The board of trustees of a school district that allows
students to use a prepaid meal card or account to purchase meals
served at schools in the district 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 period
determined by the board but at a minimum of one week, 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 a minimum of
three attempts to privately notify the parent of or person standing
in parental relation to the student that the student's meal card or
account balance is exhausted; by:
(A) making arrangements with the parent or other
person standing in parental relation to the student for payment of
negative balances or amounts otherwise due, including through use
of a payment plan;
(B) assisting the parent or other person standing
in parental relation to the student in the completion of 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; and
(C) sending home with the student in an unmarked
envelope a written notice of a negative balance or other amount due
and an application for free or reduced price meals;
(3) may not permit the district to charge a fee or
interest in connection with meals purchased under Subdivision (1);
and
(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 one week and attempts made by the
school district to notify the parent of or person standing in
parental relation of a student with an exhausted meal card or
account balance, the school district must continue to provide to
the student regular meals in the manner described by Subsection
(b)(1) at no cost to the student's meal card or account.
(d) If a school district is unable to obtain payment for the
negative balance from the student's parent or person standing in
parental relation by the end of the school year, the school district
may pay the negative balance on the student's meal card or account
using private donations solicited from individuals and entities for
that purpose and maintained in a separate district account.
(e) If a school district is unable to obtain payment for the
negative balance from the student's parent or person standing in
parental relation by the end of the school year, the school district
must provide the student's parent or person standing in parental
relation with the application on behalf of the student for free and
reduced price meals, if it is determined that the student may be
eligible for free or reduced price meals, in the subsequent school
year.
(f) If at the end of the school year, a student's meal card or
account balance remains negative, a school district shall not
transfer that debt to the student's account in the subsequent
school year and the school district must pay that debt on behalf of
the student.
(g) The negative balance on a student's meal card or account
balance shall not be used to hold a student from advancing to the
next level of schooling, graduation, receiving their diploma, or
participating in any school-related activities.
(h) A school district shall 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
does not stigmatize a student or cause embarrassment.
SECTION 2. This Act applies beginning with the 2023-2024
school year.
SECTION 3. 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, 2023.