Bill Text: TX SB1314 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a periodic study on participation of public schools in a federal lunch program, to school district grace period policies, and to the provision of meals to certain public school students.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-07 - Referred to Education [SB1314 Detail]
Download: Texas-2019-SB1314-Introduced.html
86R12796 CAE-D | ||
By: Lucio | S.B. No. 1314 |
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relating to a periodic study on participation of public schools in a | ||
federal lunch program, to school district grace period policies, | ||
and to the provision of meals to certain public school students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter Z, Chapter 33, Education Code, is | ||
amended by adding Section 33.9011 to read as follows: | ||
Sec. 33.9011. STUDY ON PROVIDING UNIVERSAL LUNCH. (a) Not | ||
later than March 1 of each odd-numbered year, the agency, with | ||
assistance from the Department of Agriculture, shall conduct a | ||
study to determine the school districts and open-enrollment charter | ||
schools eligible to provide a universal lunch to all students | ||
through participation in the Community Eligibility Provision | ||
administered by the United States Department of Agriculture, as | ||
provided by the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. No. | ||
111-296). | ||
(b) Not later than May 1 of each odd-numbered year, the | ||
agency shall: | ||
(1) notify each school district and open-enrollment | ||
charter school that is eligible to participate in the Community | ||
Eligibility Provision; and | ||
(2) require each district and school notified under | ||
Subdivision (1) that does not participate in the Community | ||
Eligibility Provision at a majority of their eligible campuses to: | ||
(A) perform an economic analysis of cost savings | ||
that would result from participation in the program; and | ||
(B) report the results of the analysis to the | ||
agency not later than November 15 of each odd-numbered year. | ||
(c) If the economic analysis performed by a school district | ||
or open-enrollment charter school under Subsection (b) indicates | ||
cost savings would result from participation in the Community | ||
Eligibility Provision, the district or school must consider | ||
participating in the program. | ||
(d) If a school district or open-enrollment charter school | ||
that would receive cost savings from participation in the Community | ||
Eligibility Provision does not implement the program, the district | ||
or school shall notify the agency that the district or school did | ||
not implement the program and provide details stating the reason | ||
the district or school did not implement the program. | ||
(e) Not later than January 31 of each even-numbered year, | ||
the agency shall submit to the governor, lieutenant governor, | ||
speaker of the house of representatives, and members of the | ||
legislature a report that includes a list that identifies the | ||
school districts and open-enrollment charter schools eligible to | ||
provide a universal lunch to all students through participation in | ||
the Community Eligibility Provision and the potential cost savings | ||
to each district and school that could result from that | ||
participation. | ||
SECTION 2. 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" means a meal for which a 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 grace | ||
period determined by the board, 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 at least one | ||
attempt by telephone or e-mail during each week of the grace period | ||
to privately: | ||
(A) notify the parent of or person standing in | ||
parental relation to the student that the student's meal card or | ||
account balance is exhausted; | ||
(B) make arrangements with the parent or other | ||
person for payment of negative balances or amounts otherwise due, | ||
including through use of a payment plan; and | ||
(C) assist the parent or other person in | ||
completing 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; | ||
(3) must require the district to provide the parent or | ||
other person with a written notice of a negative balance or other | ||
amount due that includes information on how to obtain an | ||
application for free or reduced-price meals; | ||
(4) may not permit the district to charge a fee or | ||
interest in connection with meals purchased under Subdivision (1); | ||
and | ||
(5) [ |
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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) [ |
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(c) After expiration of the grace period, the school | ||
district may: | ||
(1) permit the student to continue to purchase regular | ||
meals in the manner described by Subsection (b)(1); or | ||
(2) provide the student with alternative meals at no | ||
cost. | ||
(d) A school district that provides alternative meals must: | ||
(1) privately notify the student's parent or person | ||
standing in parental relation to the student of the district's | ||
action; and | ||
(2) provide those meals through the same serving line | ||
as regular meals. | ||
(e) If a school district provides regular meals to a student | ||
under Subsection (c)(1) and is unable at the end of the school year | ||
to obtain payment for the meals from the student's parent or person | ||
standing in parental relation to the student, the district may pay | ||
the negative balance on the student's meal card or account using | ||
private donations solicited by the district from individuals and | ||
entities for that purpose and maintained in a separate district | ||
account. The amount of any private donations received under this | ||
subsection is in addition to any reimbursement to which the | ||
district is entitled under federal law. | ||
(f) A school district may 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 protects | ||
the student's privacy. The policy adopted under this section must | ||
identify the manner in which the district will protect the | ||
student's privacy. | ||
SECTION 3. This Act applies beginning with the 2019-2020 | ||
school year. | ||
SECTION 4. 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, 2019. |