PRINTER'S NO. 1764
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1403
Session of
2017
INTRODUCED BY BULLOCK, D. MILLER, M. QUINN, KIM, D. COSTA,
McCLINTON, SIMS, CALTAGIRONE, SCHWEYER, SOLOMON, SCHLOSSBERG,
ROZZI, FRANKEL, DRISCOLL, BOYLE, V. BROWN, McNEILL, O'NEILL,
WARREN, RABB, KORTZ, STURLA, ROEBUCK, THOMAS AND BRIGGS,
MAY 18, 2017
REFERRED TO COMMITTEE ON EDUCATION, MAY 18, 2017
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, further
providing for school lunch and breakfast reimbursement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1337.1 heading and (d) of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, are amended and the section is amended by adding
subsections to read:
Section 1337.1. School Lunch and Breakfast [Reimbursement]
Procedures.--* * *
(c.2) (1) A school shall provide:
(i) a free, printed meal application in every school
enrollment packet or, if the school chooses to use an electronic
meal application, an explanation of the electronic meal
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application process and instructions for how parents or
guardians may request a paper application at no cost; and
(ii) meal applications and instructions in a language that
parents and guardians understand. If a parent or guardian cannot
read or understand a meal application, the school shall offer
assistance in completing the application.
(2) If a school becomes aware that a student who has not
submitted a meal application is eligible for the school lunch
program or school breakfast program, the school shall complete
and file an application for the student under the authority
granted by 7 CFR 245.6(d) (relating to application, eligibility
and certification of children for free and reduced price meals
and free milk).
(3) This subsection does not apply to a school that provides
free meals to all students in a year in which the school does
not collect meal applications from students.
(c.3) (1) The liaison required for a school under the
McKinney-Vento Homeless Assistance Act (Public Law 100-77, 42
U.S.C. ยง 11301 et seq.) shall coordinate with the Commonwealth
to ensure that a homeless student receives free school meals,
which shall be appropriately coded and entered into the
Pennsylvania Information Management System.
(2) This subsection does not apply to a private or religious
school.
(c.4) Regardless of whether a student has money to pay for a
meal or owes money for earlier meals, a school:
(1) shall provide a United States Department of Agriculture
reimbursable meal to a student who requests one, unless the
student's parent or guardian has specifically provided written
permission to the school to withhold a meal; and
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(2) may not require that a student throw away a meal after
the meal has been served because of the student's inability to
pay for the meal or because money is owed for earlier meals.
(c.5) If a student owes money for five or more meals, a
school shall:
(1) check the State list of students categorically eligible
for free meals to determine if the student is categorically
eligible;
(2) make at least two attempts, not including the
application or instructions included in a school enrollment
packet, to reach the student's parent or guardian and have the
parent or guardian fill out a meal application; and
(3) require a principal, assistant principal or counselor to
contact the parent or guardian to offer assistance with a meal
application, determine if there are other issues within the
household that have caused the student to have insufficient
funds to purchase a school meal and offer other appropriate
assistance.
(c.6) A school may not:
(1) publicly identify or stigmatize a student who cannot pay
for a meal or owes a meal debt by requiring that the student
wear a wristband or hand stamp; or
(2) require a student who cannot pay for a meal or owes a
meal debt to perform chores or other work to pay for meals,
provided that chores or work required of all students regardless
of a meal debt is permitted.
(c.7) (1) A school shall direct communications about a
student's meal debt to a parent or guardian and not the student.
(2) Nothing in this subsection shall be construed to
prohibit a school from sending a student home with a letter
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addressed to a parent or guardian.
(c.8) A school may not require a parent or guardian to pay
fees or costs from collection agencies hired to collect a meal
debt.
(d) For the purposes of this section, the following terms
shall have the following meanings:
"Meal application" shall mean an application for the school
lunch program or school breakfast program.
"School" shall have the same meaning as given to that term in
7 CFR 210.2 (relating to definitions).
"School breakfast program" shall have the same meaning as
given to that term in 7 CFR Pt. 220 (relating to School
Breakfast Program).
"School lunch program" shall have the same meaning as given
to the term "National School Lunch Program" in 7 CFR 210.2
(relating to definitions).
["School breakfast program" shall have the same meaning as
given to that term in 7 CFR Pt. 220 (relating to School
Breakfast Program).]
Section 2. This act shall take effect in 60 days.
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