Texas 2023 - 88th Regular

Texas House Bill HB4740 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Bernal H.B. No. 4740
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to school district grace period policies and the provision
7	7	of meals to public school students with insufficient balances on
8	8	prepaid meal cards or meal accounts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 33.908, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR
13	13	INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE.
14	14	(a) In this section, "regular meal" is defined as a meal in
15	15	which the school district ordinarily receives reimbursement under
16	16	the national free or reduced price lunch program established under
17	17	42 U.S.C. Section 1751 et seq.
18	18	(b) The board of trustees of a school district that allows
19	19	students to use a prepaid meal card or account to purchase meals
20	20	served at schools in the district shall adopt a grace period policy
21	21	regarding the use of the cards or accounts. The policy:
22	22	(1) must allow a student whose meal card or account
23	23	balance is exhausted or insufficient to continue, for a period
24	24	determined by the board but at a minimum of one week, to purchase
25	25	regular meals by:
26	26	(A) accumulating a negative balance on the
27	27	student's card or account; or
28	28	(B) otherwise receiving an extension of credit
29	29	from the district;
30	30	(2) must require the district to make a minimum of
31	31	three attempts to privately notify the parent of or person standing
32	32	in parental relation to the student that the student's meal card or
33	33	account balance is exhausted; by:
34	34	(A) making arrangements with the parent or other
35	35	person standing in parental relation to the student for payment of
36	36	negative balances or amounts otherwise due, including through use
37	37	of a payment plan;
38	38	(B) assisting the parent or other person standing
39	39	in parental relation to the student in the completion of an
40	40	application on behalf of the student for free or reduced price
41	41	meals, if it is determined that the student may be eligible for free
42	42	or reduced price meals; and
43	43	(C) sending home with the student in an unmarked
44	44	envelope a written notice of a negative balance or other amount due
45	45	and an application for free or reduced price meals;
46	46	(3) may not permit the district to charge a fee or
47	47	interest in connection with meals purchased under Subdivision (1);
48	48	and
49	49	(4) may permit the district to set a schedule for
50	50	repayment on the account balance or other amount due if the district
51	51	is unable to set a repayment schedule by agreement through efforts
52	52	required under Subdivision (2) as part of the notice to the parent
53	53	or person standing in parental relation to the student.
54	54	(c) After expiration of one week and attempts made by the
55	55	school district to notify the parent of or person standing in
56	56	parental relation of a student with an exhausted meal card or
57	57	account balance, the school district must continue to provide to
58	58	the student regular meals in the manner described by Subsection
59	59	(b)(1) at no cost to the student's meal card or account.
60	60	(d) If a school district is unable to obtain payment for the
61	61	negative balance from the student's parent or person standing in
62	62	parental relation by the end of the school year, the school district
63	63	may pay the negative balance on the student's meal card or account
64	64	using private donations solicited from individuals and entities for
65	65	that purpose and maintained in a separate district account.
66	66	(e) If a school district is unable to obtain payment for the
67	67	negative balance from the student's parent or person standing in
68	68	parental relation by the end of the school year, the school district
69	69	must provide the student's parent or person standing in parental
70	70	relation with the application on behalf of the student for free and
71	71	reduced price meals, if it is determined that the student may be
72	72	eligible for free or reduced price meals, in the subsequent school
73	73	year.
74	74	(f) If at the end of the school year, a student's meal card or
75	75	account balance remains negative, a school district shall not
76	76	transfer that debt to the student's account in the subsequent
77	77	school year and the school district must pay that debt on behalf of
78	78	the student.
79	79	(g) The negative balance on a student's meal card or account
80	80	balance shall not be used to hold a student from advancing to the
81	81	next level of schooling, graduation, receiving their diploma, or
82	82	participating in any school-related activities.
83	83	(h) A school district shall not publicly identify a student
84	84	with a negative balance on a meal card or account, and must
85	85	implement any action authorized under this section in a manner that
86	86	does not stigmatize a student or cause embarrassment.
87	87	SECTION 2. This Act applies beginning with the 2023-2024
88	88	school year.
89	89	SECTION 3. This Act takes effect immediately if it receives
90	90	a vote of two-thirds of all the members elected to each house as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect September 1, 2023.