Bill > A4680

Introduced Session

This bill would require school districts and nonpublic schools participating in the National School Lunch Program, and public and nonpublic schools offering school breakfasts under the federal School Breakfast Program, to respectively provide school lunches or school breakfasts, or both, to all enrolled students, free of charge, regardless of whether each such student is determined to be federally eligible for free or reduced price school meals. Under existing federal law, a student is federally eligible to receive free or reduced price school lunch under the National School Lunch Program, or free or reduced price school breakfast under the federal School Breakfast Program, only if the student is determined to be categorically eligible for such benefits (i.e., is determined to be a homeless child, a migrant child, a runaway child, a foster child, or a Head Start Child, or is a participant in certain public benefits programs) or can demonstrate either that the student lives in a low-income household - i.e., a household having an annual income of not more than 185 percent of the federal poverty level (FPL). Pursuant to the recently enacted "Working Class Families' Anti-Hunger Act," P.L.2022, c.104 (C.18A:33-3.2 et al.), as amended by P.L.2023, c.336 (C.18A:33-14.2 et al.), New Jersey has additionally provided for free school meals, subsidized by the State, to be provided to public school and non-public school students from "middle-income families" - i.e., families having an income of up to 224 percent of the FPL). This bill would provide for the further expansion of the existing State law, in this area, in order to expressly require all school districts and public or nonpublic schools participating in the National School Lunch Program or the federal School Breakfast Program to provide school lunch or breakfast, or both, as appropriate, to all enrolled students, free of charge, regardless of each such students categorical eligibility or income-eligibility for federally subsidized school meals. Any student who is neither categorically nor income-eligible to receive free school meals subsidized by the federal government would, under the bill's provisions, still be deemed to be statutorily eligible for free school meals fully subsidized by the State. All students who are deemed to be categorically eligible, income-eligible, or statutorily eligible for subsidized school meals, under the bill's expanded eligibility provisions, would be eligible to continue receiving such school meals, free of charge, through a summer meals program, and, if enrolled at a public school, through an emergency meals distribution program that is activated during a period of public school closure resulting from COVID-19. The bill would revise the existing law to require schools to request that a student's parent or guardian complete a household income data collection form for the limited purposes specified in the bill. This data collection form would serve the same purposes as the current subsidized school meals application that is used to certify students as eligible for free or reduced price school meals; however, parents and guardians would be encouraged, and no longer required, to submit such forms in order for the student to receive free school meals, as provided by the bill. Any parent or guardian declining to provide such income-related data would be required to submit a signed acknowledgement card confirming that declination. Consistent with State-level reimbursement requirements previously established, pursuant to section 1 of P.L.2019, c.445 (C.18A:33-21.1) and the Working Class Families Anti-Hunger Act, this bill would require the State to provide funding, to each school or school district participating in the National School Lunch Program or federal School Breakfast Program, as may be necessary to reimburse the costs associated with the provision, by such school or district, of subsidized school meals to students who are federally ineligible for free or reduced price school meals. The bill would repeal various sections of existing law, pertaining to school lunch programs, school breakfast programs, and summer meals programs, which are contrary to the bill's universal free meal provisions. Some of the sections being repealed would be replaced by new sections of the bill. The sections being repealed, and the provisions replacing those repealed sections, are as follows: (1) Section 1 of P.L.2006, c.14 (C.18A:33-3.1). This section pertains to prepayment for school lunches. Because students will no longer be required to pay for school lunches under the bill, this section is being repealed. (2) Section 2 of P.L.1974, c.53 (C.18A:33-5). This section exempts, from school lunch requirements, any school in which less than five percent of enrolled students meet federal eligibility requirements for receipt of free meals. Because the bill requires all schools to provide free school lunches, this section is being repealed; however, the exemption previously provided thereby is being restated in section 1 of P.L.1974, c.53 (C.18A:33-4), as amended by section 2 of the bill. (3) Section 3 of P.L.2003, c.4 (C.18A:33-11). This section requires a school district to publicize the availability of the federal School Breakfast Program, to ensure that students eligible for free or reduced price breakfasts are not treated differently than other students, and to encourage students who are not eligible for free or reduced price breakfasts to, nonetheless, participate in the federal School Breakfast Program. Because the bill provides that income-eligibility may not be considered when providing free meals to students, this section is being repealed, and its publicity provisions are being moved to, and restated in, other provisions of the bill. (5) Section 1 of P.L.2015, c.15 (C.18A:33-21). This section provides procedures to be implemented by a school district, and establishes certain prohibitions on discriminatory treatment, when a student's school breakfast or school lunch bill is in arrears. Because students will not be required to pay for school lunch or breakfast under the bill's provisions and the determination of school meal arrearages will, therefore, not be relevant to whether a student receives school meals under the bill, this section is being repealed. (6) Section 1 of P.L.2020, c.29 (C.18A:33-21a). This section established a short title (the "Hunger-Free Students' Bill of Rights Act"), which was to be used in citing to section 1 of P.L.2015, c.15 (C.18A:33-21) and sections 3 and 4 of P.L.2020, c.29 (C.18A:33-21b and C.18A:33-21c). However, section 3 of P.L.2020, c.29 (C.18A:33-21b) was previously repealed by P.L.2023, c.336 (C.18A:33-14.2 et al.), and section 1 of P.L.2015, c.15 (C.18A:33-21) is being repealed by this bill. In addition, because the only remaining provision of law cited in this section - i.e., section 4 of P.L.2020, c.29 (C.18A:33-21c) - contains only a single sentence related to the receipt of school meals by homeless students (and does not a more detailed provision establishing a "bill of rights" for all students), it no longer seems necessary or appropriate to attach a short title to this sole remaining provision of law, particularly when the existing short title does not reflect the purpose of that remaining provision. As a result, this short title section is being repealed.

Committee Categories

Rosaura Bagolie (D)*,  Dan Hutchison (D)*,  Andrea Katz (D)*,  Cody Miller (D),  Carmen Morales (D),  Alexander Schnall (D), 

Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee (on 09/12/2024)

Official Document