See other bills
under the
same topic
PRINTER'S NO. 399
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
180
Session of
2023
INTRODUCED BY L. WILLIAMS, SCHWANK, KEARNEY, HAYWOOD,
TARTAGLIONE, FONTANA, CAPPELLETTI, SANTARSIERO, A. WILLIAMS,
COMITTA, HUGHES, COSTA, COLLETT, DILLON, MUTH, SAVAL, KANE,
BREWSTER, MILLER, STREET AND FLYNN, MARCH 9, 2023
REFERRED TO EDUCATION, MARCH 9, 2023
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," providing for the Universal School
Meal Program; establishing the Universal School Meal Fund;
and making an interfund transfer and an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XIV-C
UNIVERSAL SCHOOL MEAL PROGRAM
Section 1401-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Breakfast." A meal that meets the meal requirements
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
specified in 7 CFR 220.8 (relating to meal requirements for
breakfasts) and that is served to a child in the morning hours.
"Department." The Department of Education of the
Commonwealth.
"Fund." The Universal School Meal Fund established in
section 1406-C.
"Lunch." A nutritiously adequate meal provided by a public
school entity, served during a meal service period, that
qualifies for a Federal reimbursement under the National School
Lunch Program.
"Meal service period." A time reserved for meals in a school
day, established in a manner that best meets the needs of the
school and participating students.
"National School Lunch Program." As defined in 7 CFR 210.2
(relating to definitions).
"Program." The Universal School Meal Program established in
section 1402-C.
"Public school entity." Any of the following:
(1) A school district.
(2) A charter school, regional charter school or cyber
charter school.
(3) An area career and technical school.
(4) An intermediate unit.
"School Breakfast Program." As defined in 7 CFR 220.2
(relating to definitions).
Section 1402-C. Universal School Meal Program.
(a) Establishment and purpose.--
(1) The Universal School Meal Program is established to
provide two free meals each school day to each student of a
public school entity regardless of the household income of
20230SB0180PN0399 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the student.
(2) The purposes of the program are to:
(i) Further the principle that no child should
experience hunger.
(ii) Provide that each student of a public school
entity benefit from healthy meals and have the
nourishment needed to achieve academic success, free from
stigma or stress.
(b) Duty to provide free breakfast.--Each public school
entity that serves breakfast shall provide all students of the
public school entity a meal that meets the requirements of the
School Breakfast Program during each school day at no cost,
without consideration of the student's eligibility for a
federally funded free or reduced-price meal, with a maximum of
one free meal per student for each meal service period.
(c) Duty to provide free lunch.--Each public school entity
that serves lunch shall provide all students of the public
school entity a meal that meets the requirements of the National
School Lunch Program during each school day at no cost, without
consideration of the student's eligibility for a federally
funded free or reduced-price meal, with a maximum of one free
meal per student for each meal service period.
(d) Data collection.--
(1) Except as provided in paragraph (3), each public
school entity shall collect household income information
regarding students of the public school entity through a
household meal benefit application or an alternate household
income data collection form established by the public school
entity. The data shall:
(i) Be used to determine the number of students who
20230SB0180PN0399 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
are eligible for federally funded free or reduced-price
meals from the United States Department of Agriculture.
(ii) Remain confidential and shall not be shared by
the public school entity other than as necessary for
purposes of determining funding allocation.
(iii) Not be used to deny any student from receiving
two free meals each school day.
(2) Students for whom household income information is
not collected under paragraph (1) shall continue to be
provided two free meals each school day upon request.
(3) Paragraph (1) does not apply if the public school
entity is able to obtain equivalent information through
another means, such as eligibility for other assistance
programs.
(e) Additional food.--If an additional snack or other food
is offered by the public school entity that is not included in
the free meal, students may be required to purchase the
additional snack or other food unless the public school entity
provides the additional snack or other food at no charge.
(f) Administration.--
(1) The department shall administer this program and
develop guidance and monitoring requirements as it deems
necessary to implement this article.
(2) The State Board of Education may, in the manner
provided by law, promulgate regulations as necessary to carry
out the provisions of this article.
Section 1403-C. Public school entity reporting.
(a) Requirement.--Beginning January 1, 2024, and each school
year thereafter, each public school entity shall report data to
the department regarding the program. Each public school entity
20230SB0180PN0399 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shall report the following:
(1) The number of students who qualify as eligible for
federally funded free or reduced-price meals.
(2) The total reimbursement to the public school entity
from the United States Department of Agriculture through the
National School Lunch Program and the School Breakfast
Program.
(b) Accurate data.--A public school entity that reports
inaccurate data shall coordinate with the department to rectify
any discrepancies.
(c) Monitoring.--The department shall monitor public school
entities that receive State reimbursement for compliance with
the provisions of this article, consistent with their cyclical
monitoring schedule, at a minimum.
Section 1404-C. State reimbursement.
(a) Federal reimbursement.--As a condition for receiving
State reimbursement as described in this section, each public
school entity shall maximize the amount of Federal reimbursement
available through the National School Lunch Program and the
School Breakfast Program of the United States Department of
Agriculture for students who qualify and participate in the
community eligibility provision for all schools that qualify.
(b) Amount.--The department shall provide State
reimbursement to public school entities equal to the difference
between the Federal free reimbursement rate and the reduced-
price and the paid reimbursement rates under the National School
Lunch Program and the School Breakfast Program.
(c) Distribution.--
(1) The department shall distribute State reimbursement
under this article to public school entities.
20230SB0180PN0399 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) The department shall not be required to distribute
State reimbursement under this article to public school
entities if the United States Department of Agriculture
provides a full reimbursement for meals from the National
School Lunch Program and the School Breakfast Program.
Section 1405-C. School meal operations.
(a) Duty.--To the extent possible, each public school entity
shall provide a meal in which the cost of the meal is equal to
or less than the Federal reimbursement rate for a free meal
during any given school year, as determined annually by the
United States Department of Agriculture.
(b) Federal reimbursement rate.--A public school entity
shall only receive State reimbursement from the department up to
the Federal reimbursement rate. The public school entity shall
be responsible for any additional costs if the cost per meal is
more than the amount set by the Federal reimbursement rate.
Section 1406-C. Universal School Meal Fund.
(a) Establishment.--The Universal School Meal Fund is
established as a nonlapsing fund in the State Treasury.
(b) Operations.--
(1) All money deposited into the fund and the interest
that the money accrues are appropriated to the department on
a continuing basis to provide State reimbursement to public
school entities under the program.
(2) No administrative action shall prevent the deposit
of money into the fund in each fiscal year.
(c) Use of fund.--
(1) The fund may only be used for the program and the
appropriation shall not lapse at the end of any fiscal year.
(2) No money in the fund shall be transferred or
20230SB0180PN0399 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
diverted to any other purpose by administrative action.
(d) Sources.--Money available to the fund shall include
appropriations and transfers from the General Fund, the Budget
Stabilization Reserve Fund, special funds, Federal funds and
other sources of revenue made available to the fund.
(e) Transfer.--Within 30 days of the effective date of this
subsection, the sum of $275,000,000 shall be transferred from
the General Fund to the fund.
Section 1407-C. Appropriation.
(a) Appropriation.--The sum of $25,000,000 is appropriated
from the General Fund to the department to provide payments to
public school entities in an amount necessary to reimburse the
cost of discharging outstanding student meal debt.
(b) Procedures.--T he department shall develop procedures to
allocate and disburse, beginning in the 2023-2024 school year,
the money appropriated under subsection (a) to public school
entities.
(c) Proration.--If the amount appropriated under subsection
(a) is insufficient to fully reimburse the cost of discharging
outstanding student meal debt, the department shall develop
procedures for how to equitably prorate the reimbursements to
public school entities.
Section 2. This act shall take effect immediately.
20230SB0180PN0399 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23