A5658

An Act concerning the universal provision of free school breakfast to students, supplementing Title 18A of the New Jersey Statutes, amending various parts of the statutory law, and repealing section 1 of P.L.2018, c.25.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2022, c.104 (C.18A:33-3.2) is amended to read as follows:

1. As used in this chapter:

"Categorically eligible" means that a student is homeless, is a migrant child, is a runaway child, is a foster child, or is a Head Start child, as defined in 7 C.F.R. Part 245, or is receiving assistance under the Supplemental Nutrition Assistance Program (SNAP), the Temporary Assistance for Needy Families Program (TANF), the Food Distribution Program on Indian Reservations (FDPIR), or, to the extent that the United States Department of Agriculture authorizes the matching of Medicaid data to identify children who are eligible for free school meals, is a participant in the Medicaid program, and which student, by virtue of such status, is automatically eligible to be certified to receive free school meals under the National School Lunch Program or the federal School Breakfast Program, without first submitting an application or being subject to the federal income verification requirements established by 7 C.F.R. Part 245.

"Community Eligibility Provision" means a type of special assistance alternative, identified at 7 C.F.R. Part 245, pursuant to which the United States Department of Agriculture provides reimbursement for free school meals that are provided by eligible, high-poverty local educational agencies and schools that participate in both the National School Lunch Program and the federal School Breakfast Program.

"Eligible student" means a student who is categorically eligible or income-eligible for one or more subsidized school meals.

"Emergency meals distribution program" means a program, established under section 1 of P.L.2020, c.6 (C.18A:33-27.2), pursuant to which a school district is required to provide subsidized school meals to eligible students, through designated distribution sites, during any period in which a school in the district is subject to a public health-related closure due to the COVID-19 pandemic.

"Federal School Breakfast Program" means the federal reimbursement program, established under the "Child Nutrition Act of 1966," 42 U.S.C. s.1771 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school breakfast programs and facilitate the provision of free and reduced price breakfasts to eligible students.

"Federally eligible for free or reduced price meals" or "federally eligible" means that a student is categorically eligible for free lunch under the National School Lunch Program or for free breakfast under the federal School Breakfast Program, or that the student satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.

"Federally ineligible for free or reduced price meals" or "federally ineligible" means that a student is not categorically eligible for, and fails to satisfy federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, as is necessary for the student to federally qualify for and receive free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.

"Income-eligible" means that a student either satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, or satisfies State-level income eligibility requirements, set forth in subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) or subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a), as is necessary for the student to qualify for and receive subsidized lunch under the National School Lunch Program or subsidized breakfast under the federal School Breakfast Program, on the basis of income.

"Low-income family" means a family with an annual household income amounting to not more than 185 percent of the federal poverty level.

"Middle-income family" means a family with an annual household income amounting to not less than 186 percent, and not more than 224 percent, of the federal poverty level.

"National School Lunch Program" means the federal reimbursement program established under the "Richard B. Russell National School Lunch Act," 42 U.S.C. s.1751 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school lunch programs and facilitate the provision of free and reduced price lunches to eligible students.

"Participating school" means a public or nonpublic school that provides daily lunch to enrolled students, through a school lunch program operated pursuant to the National School Lunch Program, or that provides daily breakfast to enrolled students, through a school breakfast program or breakfast after the bell program operated pursuant to the federal School Breakfast Program, or both.

"Participating school district or nonpublic school" means a public school district or a nonpublic school that is required, or elects, to participate in the National School Lunch Program, the federal School Breakfast Program, or both, as the case may be.

"School breakfast program" means a program that is established and operated by a public or nonpublic school, in accordance with the requirements of the federal School Breakfast Program and, in the case of a public school, in accordance with a plan adopted pursuant to section 2 of P.L.2003, c.4 (C.18A:33-10) [or] , section 6 of P.L.2022, c.104 (C.18A:33-10.1), or sections 2 and 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) , and pursuant to which the school offers daily breakfasts to all enrolled students.

"School lunch program" means a program that is established and operated by a school district, or by a nonpublic school, in accordance with the requirements of the National School Lunch Program and the provisions of section 1 of P.L.1974, c.53 (C.18A:33-4), and pursuant to which the district or nonpublic school offers daily lunches to all students enrolled therein.

"Special assistance alternative" means a special nutrition assistance alternative federal reimbursement method that is authorized by the United States Department of Agriculture, pursuant to 42 U.S.C. s.1759a and 7 C.F.R. Part 245, for eligible schools that serve free meals to all enrolled students. "Special assistance alternative" includes Provision 2, Provision 3, and the Community Eligibility Provision, as described in 7 C.F.R. Part 245, as well as any other similar alternative reimbursement method that is authorized by the United States Department of Agriculture, now or in the future, for schools that serve free meals to all enrolled students.

"Student" means a child 18 years of age or younger who is enrolled at a school in the State.

"Subsidized school breakfast" or "subsidized breakfast" means a school breakfast that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 12 of P.L.2022, c.104 (C.18A:33-14a).

"Subsidized school lunch" or "subsidized lunch" means a school lunch that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 1 of P.L.1974, c.53 (C.18A:33-4).

"Subsidized school meals" or "subsidized meals" includes both subsidized school breakfasts and subsidized school lunches.

"Subsidized school meals application" means an application that identifies a student's annual household income and is completed by the student's parent or guardian, pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), subsection c. of section 1 of P.L.2015, c.15 (C.18A:33-21), or applicable federal law, and which may be used by a school district, or by a public school or nonpublic school, both for the purposes of determining whether a student is income-eligible for subsidized school meals and for the other limited purposes specified in subsection c. of section 16 of P.L.2022, c.104 (C.18A:33-21b1).

"Subsidized school meals certification process" or "subsidized meals certification" means the process pursuant to which a school or school district obtains and reviews a student's subsidized school meals application, or engages in the review of other relevant documentation and materials pertaining to the student, as necessary to determine whether the student is categorically eligible or income-eligible for subsidized school meals under the National School Lunch Program, or under the federal School Breakfast Program, or both.

"Summer Food Service Program" means the federal reimbursement program, established under 42 U.S.C. s.1761 and 7 C.F.R. Part 225, pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help schools, local government agencies, nonprofit organizations, colleges and universities, and summer camps finance the administrative and operational costs of providing meals to children, in low-income areas, during the summer months and other planned periods of school closure.

"Summer meals program" means the Summer Food Service Program, the Seamless Summer Option authorized by 42 U.S.C. s.1761, or any other similar State or federal program that is designed to ensure that children have access to nutritious meals during the summer months and other planned periods of school closure.

"Unreimbursed costs" means the costs of a school lunch or school breakfast, which costs are not eligible for reimbursement from the federal government

"Unsubsidized school breakfast" or "unsubsidized breakfast" means a school breakfast that is offered, upon the payment of a fee, to a student who is neither categorically eligible nor income-eligible for subsidized breakfast, regardless of whether such student remains income-eligible for subsidized school lunch under the provisions of paragraph (4) of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and the cost of which breakfast is not reimbursable by the State or federal government.

"Unsubsidized school lunch" or "unsubsidized lunch" means a school lunch that is offered, upon the payment of a fee, to a student who is not categorically eligible or income-eligible for subsidized lunch, and the cost of which is not reimbursable by the State or federal government.

(cf: P.L.2023, c.336, s.1)

2. (New section) a. (1) Notwithstanding the provisions of section 2 of P.L.2003, c.4 (C.18A:33-10) and section 6 of P.L.2022, c.104 (C.18A:33-10.1) to the contrary, following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), each public school in the State shall establish a school breakfast program, regardless of the percentage of students, at the school or in the district, who are eligible for free or reduced price meals under the National School Lunch Program or federal School Breakfast Program.

(2) A school district shall submit, to the Department of Agriculture, a school breakfast program plan for each school in the district. The plan shall be submitted in a form and manner prescribed by the Secretary of Agriculture and in accordance with the timeframes specified by subsection b. of this section.

b. (1) A plan for all grades in each school having one or more of the grades pre-K through sixth grade, shall be submitted by November 1, 2028.

(2) A plan for all grades in each school not described in paragraph (1) of this subsection shall be submitted by November 1, 2029.

c. The Department of Agriculture, in consultation with the Department of Education, shall review each school breakfast program plan submitted pursuant to this section and make recommendations, if necessary, regarding how the school breakfast program can operate most effectively, in accordance with federal School Breakfast Program requirements and the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The Department of Agriculture shall notify each school district of the completion of the department’s review and any recommended changes to the plan, within 90 days after receipt thereof.

d. A school district shall establish a school breakfast program in each of its schools, based on the plan submitted pursuant to paragraph (2) of subsection a. of this section, by September 1, 2029 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2030 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section.

e. (1) If a school district does not submit a school breakfast plan to the Department of Agriculture by the date required by subsection b. of this section, it shall establish a school breakfast program in each school for which a plan has not been submitted, based on a model plan provided by the department.

(2) The model plan developed by the department, for the purposes of this subsection, shall include recommendations on how a school breakfast program can operate in accordance with the federal School Breakfast Program and the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(3) The department shall provide the model plan to a school district that is subject to this subsection no later than March 1, 2028 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by March 1, 2029 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section, and the school district shall establish the school breakfast program in each of its schools, based on the model plan, by September 1, 2028 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2029 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section.

3. (New section) a. Each public school in the State that operates a School Breakfast Program shall make school breakfast available through such program, free of charge, to each student who is enrolled at the school, regardless of whether the student is eligible for free or reduced-price meals.

b. The State shall provide funding, to each public school that operates a School Breakfast Program, as may be necessary to reimburse the costs associated with the school’s provision of free breakfasts, pursuant to subsection a. of this section, to students who are ineligible for free or reduced-price meals. Funding appropriated under this subsection shall be equal to the difference between the federal reimbursement rate for a free breakfast and the full cost of the breakfast that is incurred by the school for each student ineligible for free or reduced-price meals who receives free breakfast pursuant to subsection a. of this section.

c. The school district overseeing a public school that operates a School Breakfast Program shall publicize, to parents and students, the fact that the school makes free breakfast available to all students through those programs.

d. The Department of Agriculture, in consultation with the Department of Education, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this section, including, but not limited to, rules and regulations establishing a schedule for, and identifying the manner in which, reimbursements are to be made to school districts pursuant to subsection b. of this section.

4. (New section) No later than 18 months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and annually no later than July 15 of each school year thereafter, each school food authority that provides a food service to students enrolled in a participating school district or nonpublic school in the State shall report, to the Department of Agriculture and the Department of Education, the following information, at a minimum: (1) the total number of school meals applications for free or reduced price meals that were submitted and approved by the school food authority pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1); (2) the total number of students that were directly certified for free or reduced price meals; and (3) the total number of students that did not submit an application for free or reduced priced school meals, or submitted a written request to opt out of an approved free or reduced price school meal benefit.

5. Section 3 of P.L.2003, c.4 (C.18A:33-11) is amended to read as follows:

3. In implementing a school lunch program, pursuant to P.L.1974, c.53 (C.18A:33-4 et seq.), a school breakfast program, pursuant to P.L.2003, c.4 (C.18A:33-9 et seq.) or section 6 of P.L.2022, c.104 (C.18A:33-10.1) or section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) , or a breakfast after the bell program, pursuant to section 1 of P.L.2014, c.66 (C.18A:33-11.1) or section 2 of P.L.2018, c.25 (C.18A:33-11.3), each school and school district shall:

a. publicize, to parents and students, the availability of the respective school meals program, as well as the various ways in which a student may qualify to receive subsidized school meals under the program, as provided by subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) and subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a);

b. make every effort to ensure that students receiving subsidized school meals are not identified, by the student body, faculty, or staff, in a manner that is distinct from the manner in which students receiving unsubsidized school meals are identified as program participants. Such efforts shall include, but need not be limited to, the establishment of a neutral meal plan or voucher system that does not make a distinction between these two groups of students; and

c. to the greatest extent practicable:

(1) facilitate and expedite the prompt and accurate identification of categorically eligible students who may be certified to receive subsidized school meals without first submitting an application therefor, and, whenever an application is required to establish income eligibility for subsidized meals, encourage students and their families to submit a subsidized school meals application for that purpose;

(2) facilitate and expedite the subsidized school meals application and income eligibility determination processes that are used, by the school or school district, to certify a student for subsidized school meals on the basis of income, and assist parents and guardians in completing the subsidized school meals application; and

(3) encourage students who are neither categorically eligible nor income-eligible for subsidized school lunch [or subsidized school breakfast] to nonetheless participate in the school lunch program [or school breakfast program, or both, as appropriate,] on a paid and unsubsidized basis.

(cf: P.L.2023, c.336, s.3)

6. Section 2 of P.L.2018, c.25 (C.18A:33-11.3) is amended to read as follows:

2. a. Every public school in which [70] 60 percent or more of the students enrolled in the school on or before the last school day before October 16 of the preceding school year were federally eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program, shall establish a breakfast after the bell program.

b. (1) (a) No later than six months following the effective date of P.L.2018, c.25 (C.18A:33-11.2 et seq.), each school district shall submit, to the Department of Agriculture, a plan for the establishment of a breakfast after the bell program for all grades at each of the district's schools that are subject to the requirements of this section. The plan shall comply with the requirements of the federal School Breakfast Program.

(2) (a) No later than six months after the effective date of P.L.2022, c.104 (C.18A:33-3.2 et al.), each school district shall submit, to the Department of Agriculture, a revised breakfast after the bell plan for each school in the district that is subject to the requirements of this section. The revised plan shall comply with federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C.18A:33-14a).

(b) No later than the first full school year following the submission of a revised plan pursuant to this paragraph, the school district shall modify the breakfast after the bell program operating in each of its schools that are subject to the requirements of this section, as may be necessary to implement the provisions of the revised plan.

(3) The Department of Agriculture, in consultation with the Department of Education, shall review each revised plan submitted pursuant to this subsection and make recommendations, if necessary, regarding how a school's breakfast after the bell program can operate most effectively, in accordance with the federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C.18A:33-14a). The Department of Agriculture shall notify each school district that submits a plan pursuant to this subsection of the completion of the department's review, and of any recommended changes to the plan, within 90 days after receipt thereof.

(4) (a) No later than six months following the effective date of P.L. , c. (pending before the Legislature as this bill), each school district shall submit, to the Department of Agriculture, a plan for the establishment of a breakfast after the bell program for all grades at each of the district's schools that are subject to the requirements of this section. A school district that established a breakfast after the bell program prior to the effective date of P.L. , c. (pending before the Legislature as this bill) shall submit a revised plan for each school in the district that is subject to the requirements of this section. The plans shall comply with the requirements of the federal School Breakfast Program.

(b) No later than the first full school year following the submission of the plan, the school district shall establish a breakfast after the bell program in each of its schools that are subject to the requirements of this section, in accordance with the plan submitted pursuant to this paragraph. A school district that submitted a revised plan pursuant to this section shall modify the breakfast after the bell program operating in each of its schools as may be necessary to implement the provisions of the revised plan.

c. Upon application, a school district may be granted a waiver by the Department of Agriculture of the requirements of this section for any school in which more than [70] 60 percent of eligible students received a meal under the school breakfast program during the preceding school year. A school district that requests a waiver shall provide relevant information, as may be required by the Department of Agriculture, to justify the request.

d. No later than three months after the effective date of P.L.2018, c.25 (C.18A:33-11.2 et seq.), the Department of Agriculture shall provide each school district with a list of resources that are available for the purposes of this section.

(cf: P.L.2022, c.104, s.10)

7. Section 4 of P.L.2018, c.25 (C.18A:33-11.5) is amended to read as follows:

4. The Department of Agriculture, in consultation with the Department of Education, shall develop guidelines to facilitate the implementation and operation of breakfast after the bell programs by schools in the State, in accordance with the provisions of section 1 of P.L.2014, c.66 (C.18A:33-11.1), sections 1 and 2 of P.L.2018, c.25 (C.18A:33-11.2 and C.18A:33-11.3), [and] section 12 of P.L.2022, c.104 (C.18A:33-14a), and section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), including, but not limited to, guidelines, consistent with the provisions of section 1 of P.L.2015, c.15 (C.18A:33-21) [, concerning a school's receipt of payment, from students, for unsubsidized school breakfasts that are served to such students under a breakfast after the bell program] .

(cf: P.L.2023, c.336, s.4)

8. Section 1 of P.L.2015, c.15 (C.18A:33-21) is amended to read as follows:

1. a. (1) In the event that a participating school district or nonpublic school determines that a student's [unsubsidized school breakfast or] unsubsidized school lunch bill is in arrears, the participating school district or nonpublic school shall contact the student's parent or guardian to provide notice of the arrearage, and shall provide the parent or guardian with a period of 10 school days to pay the amount due. If the student's parent or guardian has not made full payment by the end of the designated 10-day period, then the participating school district or nonpublic school shall again contact the student's parent or guardian to provide notice of any action to be taken in response to the arrearage.

(2) A participating school district or nonpublic school shall report, at least biannually to the Department of Agriculture, the number and percentage of enrolled students who have been denied [school breakfast or] school lunch on the basis of an unsubsidized meals bill arrearage, pursuant to this section.

(3) Nothing in this section shall be construed to: (a) require a participating school district or nonpublic school to deny or restrict the ability of a student to access [unsubsidized school breakfast or] unsubsidized school lunch[, respectively,] whenever the student's [unsubsidized school breakfast or] unsubsidized school lunch bill is in arrears[; or (b) authorize a participating school district or nonpublic school to deny or restrict the ability of a student who is income-eligible for subsidized school lunch, but who is not income-eligible for subsidized school breakfast, to continue to access subsidized school lunch whenever the student's unsubsidized school breakfast bill is in arrears].

b. A participating school district or nonpublic school shall not:

(1) publicly identify or stigmatize a student who cannot pay for an [unsubsidized school breakfast or an] unsubsidized school lunch, or whose unsubsidized [school breakfast or ] lunch bill is in arrears, for example, by requiring the student to sit at a separate table, to wear a wristband, hand stamp, or identifying mark, or to accept an alternative meal;

(2) require a student who cannot pay for an [unsubsidized school breakfast or an] unsubsidized school lunch, or whose unsubsidized [school breakfast or] lunch bill is in arrears, to do chores or other work to pay for the [unsubsidized school breakfast or] unsubsidized school lunch;

(3) require a student to discard an [unsubsidized school breakfast or] an unsubsidized school lunch, after it has been served, either because the student is unable to pay for the [unsubsidized breakfast or] unsubsidized lunch or because the student's [unsubsidized school breakfast or] lunch bill is in arrears;

(4) prohibit a student, or a sibling thereof, from attending or participating in non-fee-based extracurricular activities, field trips, or school events, from receiving grades, official transcripts, or report cards, or from graduating or attending graduation events, solely because of the student's unresolved [breakfast or] lunch debt; or

(5) require a student's parent or guardian to pay fees or costs in excess of the actual amounts owed for [unsubsidized school breakfasts or] unsubsidized school lunches[, or both,] which have been previously served to the student.

c. If a student owes money for the equivalent of five or more unsubsidized school [meals] lunch, the participating school district or nonpublic school shall:

(1) (Deleted by amendment, P.L.2022, c.104)

(2) determine whether the student is eligible for subsidized school [meals] lunch, by conducting a review of all available records related to the student, and by making at least two attempts, not including the initial attempt made pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), to contact the student's parent or guardian and have the parent or guardian complete a subsidized school [meals] lunch application; and

(3) require a principal, or a person designated by the principal, to contact the student's parent or guardian to: (a) offer assistance with respect to the completion of the subsidized school [meals] lunch application; (b) determine whether there are other issues in the household that have caused the student to have insufficient funds to purchase an [unsubsidized school breakfast or] unsubsidized school lunch, as the case may be; and (c) offer any other appropriate assistance.

d. A participating school district or nonpublic school shall direct communications about a student's unsubsidized school [meals] lunch arrearage to the parent or guardian and not to the student. Nothing in this subsection shall prohibit a participating school district or nonpublic school from sending a student home with a letter addressed to a parent or guardian.

e. Notwithstanding the provisions of this section and the provisions of any other law, rule, or regulation to the contrary, a student shall not be denied access to a school [meal] lunch, regardless of the student's ability to pay or the status of the student's [meal] lunch arrearages, during any period of time in which the student's participating school district or nonpublic school is making a determination, pursuant to subsection c. of this section, as to whether the student is eligible for, and can be certified to receive, subsidized school [meals] lunch.

(cf: P.L.2023, c.336, s.9)

9. Section 16 of P.L.2022, c.104 (C.18A:33-21b1) is amended to read as follows:

16. a. The Department of Agriculture, in consultation with the Department of Education and the Office of the Food Security Advocate, shall develop public education materials and resources concerning school meals programs, to be disseminated to all participating school districts or nonpublic school districts. At the beginning of each school year, or upon initial enrollment in the case of a student who enrolls during the school year, a participating school district or nonpublic school shall provide each student's parent or guardian with:

(1) a hard copy of information, developed by the Department of Agriculture pursuant to subsection a. of this section, on the National School Lunch Program and the federal School Breakfast Program, including, but not limited to: (a) information on the ability of all categorically eligible and income-eligible students to receive free school lunch under the National School Lunch Program, as provided by subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and free school breakfast under the federal School Breakfast Program, as provided by subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a); (b) information on the subsidized school meals application and certification processes that are used to determine whether a student is categorically eligible or income-eligible for subsidized school meals; (c) information highlighting the need for parents and guardians to complete a subsidized school meals application for each student, and encouraging parents and guardians to complete the application, both to ensure that the student will have access to all subsidized school meals for which the student is eligible and to ensure that the school and the district have the necessary information to facilitate relevant eligibility determinations, receive appropriate reimbursement, and engage in all other activities authorized under subsection c. of this section; [and] (d) information on the rights that are available to students and their families under this section and section 1 of P.L.2015, c.15 (C.18A:33-21); (e) information on the ability of all students, regardless of income, to receive free school breakfast pursuant to sections 2 and 3 of P.L. , c. (C. ) (pending before the Legislature as this bill); (f) information concerning the reasons a school meals application is necessary, including, but not limited to, that an application is also used to determine free or reduced priced lunch, despite the provision of free school breakfast to all students enrolled in public schools pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill); and (g) information concerning how filling out a school meals application maximizes the federal reimbursement rate; and

(2) a hard copy of a subsidized school meals application, as well as instructions for completing the application, and, as necessary, assistance in completing the application.

b. The school meals information and application provided to parents and guardians, pursuant to subsection a. of this section, shall:

(1) be communicated in a language that the parent or guardian understands;

(2) specify the limited purposes for which collected personal data may be used, as provided by subsection c. of this section;

(3) (Deleted by amendment, P.L.2023, c.203); and

(4) include a notice that an application to apply for the school lunch and school breakfast programs may be submitted at any time during the school year and is required to be submitted annually.

The school district may also provide the information and application electronically, through the usual means by which the district electronically communicates with parents.

c. A subsidized school meals application that is completed by a parent or guardian shall be confidential, and shall not be used or shared by the student's school or school district, except as may be necessary to:

(1) determine whether a student identified in the application is income-eligible for free or reduced price school meals and, if so, whether the student satisfies federal or State-level income eligibility requirements for subsidized school lunches, subsidized school breakfasts, or both;

(2) determine whether the school or school district is required, by section 2 of P.L.2018, c.25 (C.18A:33-11.3) or by section 1 of P.L.2018, c.28 (C.18A:33-24), to establish a breakfast after the bell program or to participate as a sponsor or site in the federal Summer Meals Service Program;

(3) ensure that the school receives appropriate reimbursement, from the State and federal governments, for subsidized school meals served to eligible students, free of charge, through a school lunch program, a school breakfast program, a breakfast after the bell program, a summer meals program, or an emergency meals distribution program; and

(4) facilitate school aid determinations under the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.).

d. The school district shall require the parent or guardian to either submit an application to apply for the school lunch and school breakfast programs or submit a signed card provided by the school district indicating that the parent or guardian has received the application and information and is not interested in participating in the school lunch and school breakfast programs. The card shall include a notice stating that a parent or guardian may submit an application to apply for the school lunch and school breakfast programs at any time during the school year.

If a school district does not receive an application or a signed card, the school district shall make at least one attempt to contact the student's parent or guardian and request that the parent or guardian submit either an application or signed card.

e. The provisions of this section shall not apply in the case of a school which participates in the Community Eligibility Provision.

(cf: P.L.2023, c.336, s.10)

10. Section 12 of P.L.2022, c.104 (C.18A:33-14a) is amended to read as follows:

12. a. (1) School breakfasts made available to students under a school breakfast program or a breakfast after the bell program shall meet minimum nutritional standards, established by the United States Department of Agriculture.

(2) Breakfasts that are offered, by a participating school district or nonpublic school, under a school breakfast program or a breakfast after the bell program, shall be made available, free of charge, to all students enrolled in the district or in the nonpublic school [, as the case may be, who are determined to be federally eligible for free or reduced price meals. As provided by section 1 of P.L.2019, c.445 (C.18A:33-21.1), the unreimbursed costs of free breakfasts being made available, pursuant to this paragraph, to students who are federally eligible for reduced price breakfast, shall be borne by the State] .

(3) Notwithstanding any law, rule, or regulation to the contrary, breakfasts offered under a school breakfast program or a breakfast after the bell program shall also be made available, free of charge, to each enrolled student who is determined to be federally ineligible for free or reduced price meals, but who has an annual household income amounting to not less than 186 percent, and not more than 224 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1). As provided by subsection b. of this section, the unreimbursed costs of free breakfasts being offered to federally ineligible students, pursuant to this paragraph, shall be borne by the State.

b. The State shall provide funding to each school that operates a School Breakfast Program or a breakfast after the bell program, as may be necessary to reimburse the costs associated with the school's provision of free breakfasts, pursuant to [paragraph (4) of] subsection a. of this section, to students who are federally ineligible for free or reduced price meals.

c. The Department of Agriculture, in consultation with the Department of Education, shall annually prepare and issue, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a written report that identifies, for each participating school district and nonpublic school in the State:

(1) the methods that are being used, by each such school or school district, to facilitate the prompt identification and subsidized meals certification of students who are categorically eligible or income-eligible for free or reduced price breakfast under the federal School Breakfast Program;

(2) the total number and percentage of students receiving subsidized school breakfasts, in the preceding year, who have been determined to be, respectively, federally eligible for free school breakfast, federally eligible for reduced price school breakfast, income-eligible for free school breakfast on the basis of State-level income eligibility requirements, or neither categorically eligible nor income-eligible for free or reduced price school breakfast; and the number and percentage of all such students who are, respectively, from low-income families and from middle-income families; and

(3) the methods that are being used, by each such school and district, to provide breakfast to students under the federal School Breakfast Program, including an indication as to whether breakfast is being provided to students through a breakfast after the bell program.

d. The Department of Agriculture, in consultation with the Department of Education, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this section, including, but not limited to, rules and regulations establishing a schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section.

(cf: P.L.2023, c.336, s.5)

11. Section 1 of P.L.2018, c.25 (C.18A:33-11.2) is repealed.

12. This act shall take effect immediately.

STATEMENT

This bill requires all schools in the State to serve free breakfast to all enrolled students, regardless of whether the students are federally eligible for free or reduced price meals pursuant to the federal School Breakfast Program.

In addition, the bill requires breakfast provided to students, including breakfast served under a breakfast after the bell program, to be provided to students free of charge without regard to each student’s income eligibility status. Each school district, and the Department of Agriculture, would be required to publicize, to parents and students, the fact that free meals are being made available to all students under all of these programs, pursuant to the bill’s provisions. In order to avoid establishing an unfunded mandate, the bill would require the State to provide funding to each school district, as may be necessary to reimburse the costs associated with the district’s provision of free meals to students who are otherwise ineligible for free or reduced price meals pursuant to the federal School Breakfast Program.