NY State Assembly Bill 2017-A7376A

Assembly Bill A7376A

2017-2018 Legislative Session

Relates to providing for the rights of students and responsibilities of schools participating in free or reduced-price meal programs

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
May 19, 2017	print number 7376a
May 19, 2017	amend (t) and recommit to education
Apr 25, 2017	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

multi-Sponsors

2017-A7376 - Details

See Senate Version of this Bill:: S6444
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Add §908, Ed L

2017-A7376 - Summary

Relates to providing for the rights of students and responsibilities of schools participating in free or reduced fee meal programs; ensures proper information is disseminated and that no student is discriminated against or stigmatized for the use of such programs.

2017-A7376 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7376
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in  relation  to  providing  for  the
   rights  of  students  and responsibilities of schools participating in
   free or reduced fee meal programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 908 to
 read as follows:
   §  908.  HUNGER  FREE  SCHOOLS.  1.  FOR PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MEAL APPLICATION" SHALL MEAN AN APPLICATION FOR FREE OR  REDUCED-
 FEE  MEALS  PURSUANT  TO  THE  NATIONAL  SCHOOL LUNCH PROGRAM AND SCHOOL
 BREAKFAST PROGRAM; AND
   (B) "SCHOOL" SHALL MEAN ANY INSTITUTION WITHIN THE STATE THAT PROVIDES
 PRIMARY OR SECONDARY EDUCATION.
   2. (A) A SCHOOL SHALL PROVIDE:
   (I) A FREE, PRINTED MEAL APPLICATION IN EVERY SCHOOL ENROLLMENT  PACK-
 ET,  OR  IF  THE  SCHOOL  CHOOSES TO USE AN ELECTRONIC MEAL APPLICATION,
 PROVIDE IN SCHOOL ENROLLMENT PACKETS AN EXPLANATION  OF  THE  ELECTRONIC
 MEAL  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.
   (B) IF A SCHOOL BECOMES AWARE THAT A STUDENT WHO HAS NOT  SUBMITTED  A
 MEAL  APPLICATION  IS ELIGIBLE FOR FREE OR REDUCED-FEE MEALS, THE SCHOOL
 SHALL COMPLETE AND FILE AN APPLICATION FOR THE STUDENT UNDER THE AUTHOR-
 ITY GRANTED BY TITLE 7, SECTION 245.6(D) OF THE CODE  OF  FEDERAL  REGU-
 LATIONS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11059-01-7

 A. 7376                             2
 
   (C)  PARAGRAPHS  (A)  AND  (B)  OF  THIS SUBDIVISION DO 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.
   3.  (A)  REGARDLESS OF WHETHER OR NOT A STUDENT HAS MONEY TO PAY FOR A
 MEAL OR OWES MONEY FOR EARLIER MEALS, A SCHOOL:
   (I) SHALL PROVIDE A UNITED STATES DEPARTMENT OF AGRICULTURE REIMBURSA-
 BLE 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
   (II) SHALL NOT REQUIRE THAT A STUDENT THROW AWAY A MEAL AFTER  IT  HAS
 BEEN  SERVED  BECAUSE  OF THE STUDENT'S INABILITY TO PAY FOR THE MEAL OR
 BECAUSE MONEY IS OWED FOR EARLIER MEALS.
   (B) IF A STUDENT OWES MONEY FOR FIVE OR MORE MEALS, A SCHOOL SHALL:
   (I) CHECK THE STATE LIST OF STUDENTS CATEGORICALLY ELIGIBLE  FOR  FREE
 MEALS TO DETERMINE IF THE STUDENT IS CATEGORICALLY ELIGIBLE;
   (II)  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
   (III) 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 CHILD TO HAVE INSUFFICIENT FUNDS TO PURCHASE  A  SCHOOL  MEAL
 AND OFFER ANY OTHER ASSISTANCE THAT IS APPROPRIATE.
   4. A SCHOOL SHALL NOT:
   (A)  PUBLICLY  IDENTIFY  OR  STIGMATIZE A STUDENT WHO CANNOT PAY FOR A
 MEAL OR WHO OWES A MEAL DEBT, INCLUDING BUT NOT  LIMITED  TO,  REQUIRING
 THAT A STUDENT WEAR A WRISTBAND OR HAND STAMP;
   (B)  REQUIRE  A  STUDENT  WHO CANNOT PAY FOR A MEAL OR WHO OWES A MEAL
 DEBT TO DO CHORES OR OTHER WORK TO PAY FOR MEALS; PROVIDED  THAT  CHORES
 OR WORK REQUIRED OF ALL STUDENTS REGARDLESS OF A MEAL DEBT IS PERMITTED.
   5. A SCHOOL SHALL DIRECT COMMUNICATIONS ABOUT A STUDENT'S MEAL DEBT TO
 A  PARENT  OR  GUARDIAN  AND  NOT  THE  STUDENT. NOTHING IN THIS SECTION
 PROHIBITS A SCHOOL FROM SENDING A STUDENT HOME WITH A  LETTER  ADDRESSED
 TO A PARENT OR GUARDIAN.
   6.  A  SCHOOL  SHALL  NOT  REQUIRE A PARENT OR GUARDIAN TO PAY FEES OR
 COSTS FROM COLLECTION AGENCIES HIRED TO COLLECT A MEAL DEBT.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2017-A7376A (ACTIVE) - Details

See Senate Version of this Bill:: S6444
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Add §908, Ed L

2017-A7376A (ACTIVE) - Summary

2017-A7376A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7376--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 Introduced  by M. of A. SIMON, HARRIS, SEPULVEDA, TITONE, ORTIZ, WALKER,
   D'URSO, GOTTFRIED, GALEF, PALUMBO, RIVERA -- Multi-Sponsored by --  M.
   of  A.   BRONSON, CAHILL, COOK, JONES -- read once and referred to the
   Committee on Education -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  education law, in relation to providing for the
   rights of students and responsibilities of  schools  participating  in
   free or reduced-price meal programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 908 to
 read as follows:
   § 908. HUNGER FREE SCHOOLS. 1.  FOR  PURPOSES  OF  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "MEAL APPLICATION" SHALL MEAN AN APPLICATION FOR FREE OR REDUCED-
 PRICE MEALS PURSUANT TO THE NATIONAL SCHOOL  LUNCH  PROGRAM  AND  SCHOOL
 BREAKFAST PROGRAM; AND
   (B) "SCHOOL" SHALL MEAN ANY INSTITUTION WITHIN THE STATE THAT PROVIDES
 PRIMARY OR SECONDARY EDUCATION.
   2. (A) A SCHOOL SHALL PROVIDE:
   (I)  A FREE, PRINTED MEAL APPLICATION IN EVERY SCHOOL ENROLLMENT PACK-
 ET, OR IF THE SCHOOL CHOOSES TO  USE  AN  ELECTRONIC  MEAL  APPLICATION,
 PROVIDE  IN  SCHOOL  ENROLLMENT PACKETS AN EXPLANATION OF THE ELECTRONIC
 MEAL 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 SUCH
 APPLICATION.
   (B) IF A SCHOOL BECOMES AWARE THAT A STUDENT WHO HAS NOT  SUBMITTED  A
 MEAL APPLICATION IS ELIGIBLE FOR FREE OR REDUCED-PRICE MEALS, THE SCHOOL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11059-03-7

 A. 7376--A                          2
 
 SHALL COMPLETE AND FILE AN APPLICATION FOR THE STUDENT UNDER THE AUTHOR-
 ITY  GRANTED  BY  TITLE 7, SECTION 245.6(D) OF THE CODE OF FEDERAL REGU-
 LATIONS.
   (C)  PARAGRAPHS  (A)  AND  (B)  OF  THIS SUBDIVISION DO 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.
   3.  (A)  REGARDLESS OF WHETHER OR NOT A STUDENT HAS MONEY TO PAY FOR A
 MEAL OR OWES MONEY FOR EARLIER MEALS, A SCHOOL:
   (I) SHALL PROVIDE A UNITED STATES DEPARTMENT OF AGRICULTURE REIMBURSA-
 BLE 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
   (II) SHALL NOT THROW AWAY A MEAL AFTER IT HAS BEEN SERVED  BECAUSE  OF
 THE STUDENT'S INABILITY TO PAY FOR THE MEAL OR BECAUSE MONEY IS OWED FOR
 EARLIER MEALS.
   (B) IF A STUDENT OWES MONEY FOR FIVE OR MORE MEALS, A SCHOOL SHALL:
   (I)  CHECK  THE STATE LIST OF STUDENTS CATEGORICALLY ELIGIBLE FOR FREE
 MEALS TO DETERMINE IF THE STUDENT IS CATEGORICALLY ELIGIBLE; AND
   (II) CONTACT THE STUDENT'S PARENT AND GUARDIAN WITH WRITTEN  AND  ORAL
 COMMUNICATIONS,  NOT  INCLUDING THE APPLICATION OR INSTRUCTIONS INCLUDED
 IN A SCHOOL ENROLLMENT PACKET, TO ENCOURAGE MEAL APPLICATION  SUBMISSION
 AND OFFER ASSISTANCE IN COMPLETING THE APPLICATION.
   4. A SCHOOL SHALL NOT:
   (A)  PUBLICLY  IDENTIFY,  SHAME,  STIGMATIZE,  OR  TREAT DIFFERENTLY A
 STUDENT WHO CANNOT PAY FOR A MEAL OR WHO OWES A MEAL DEBT;
   (B) REQUIRE A STUDENT WHO CANNOT PAY FOR A MEAL OR  WHO  OWES  A  MEAL
 DEBT TO DO CHORES OR OTHER WORK TO PAY FOR MEALS;
   (C)  DENY  ANY  STUDENT  FROM PARTICIPATING IN AFTERSCHOOL PROGRAMS OR
 OTHER EXTRACURRICULAR ACTIVITIES BECAUSE THE STUDENT CANNOT  PAY  FOR  A
 MEAL OR OWES A MEAL DEBT; AND
   (D)  TAKE  DISCIPLINARY  ACTION  THAT  DIRECTLY  RESULTS IN DENYING OR
 DELAYING A STUDENT THE SAME MEAL THAT IS AVAILABLE TO OTHER STUDENTS AND
 SUBSTITUTING IT WITH AN ALTERNATE MEAL BECAUSE A STUDENT CANNOT PAY  FOR
 A MEAL OR OWES A MEAL DEBT.
   5. A SCHOOL SHALL DIRECT COMMUNICATIONS ABOUT A STUDENT'S MEAL DEBT TO
 A  PARENT  OR  GUARDIAN  AND  NOT  THE  STUDENT. NOTHING IN THIS SECTION
 PROHIBITS A SCHOOL FROM SENDING A STUDENT HOME WITH A  LETTER  ADDRESSED
 TO  A PARENT OR GUARDIAN PROVIDED THAT IT IS DONE IN A WAY THAT DOES NOT
 STIGMATIZE THE STUDENT SUCH AS IN AN UNMARKED ENVELOPE.
   6. A SCHOOL SHALL NOT REQUIRE A PARENT OR  GUARDIAN  TO  PAY  FEES  OR
 COSTS FROM COLLECTION AGENCIES HIRED TO COLLECT A MEAL DEBT.
   § 2. This act shall take effect immediately.

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Assembly Bill A7376A

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Sponsored By

SIMON

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Pamela Harris

Luis R. Sepúlveda

Matthew Titone

Felix Ortiz

multi-Sponsors

Harry B. Bronson

Kevin Cahill

Vivian Cook

Billy Jones

2017-A7376 - Details

2017-A7376 - Summary

2017-A7376 - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

Matthew Titone

Felix Ortiz

Latrice Walker

multi-Sponsors

Harry B. Bronson

Kevin Cahill

Vivian Cook

Billy Jones

2017-A7376A (ACTIVE) - Details

2017-A7376A (ACTIVE) - Summary

2017-A7376A (ACTIVE) - Bill Text download pdf

Comments