THE SENATE	S.B. NO.	2264
THIRTIETH LEGISLATURE, 2020		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SCHOOL LUNCH REFORM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that proper nutrition is an important part of a student's healthy learning environment. As such, the removal or refusal of a student's lunch due to the inability to pay creates an unhealthy learning environment for the student.

The purpose of this Act is to minimize the situations where a student may be denied a school meal because of the student's inability to pay.

SECTION 2. Section 302A-404, Hawaii Revised Statutes, is amended to read as follows:

"§302A-404 School meals[.]; report. (a) School meals shall be made available under the school meals program in every school where the students are required to eat meals at school.

(b) No student shall be denied a meal or served an alternative meal solely for failure to pay:

(1) Within the first [twenty-one] thirty days of the first semester of a school year while the student's application for free or reduced lunch is being processed; or

(2) Within [seven] thirty days after a student's meal fund account reaches a zero or negative balance.

(c) A school may not permit public identification or stigmatization of the student due to inability to pay for a school meal, such as by:

(1) Requiring the student to wear a wristband or hand stamp;

(2) Requiring the student to perform chores or activities that are not required of students generally; or

(3) Depriving the student of food after it has been served.

[(c)] (d) The department may adopt rules or policies governing the collection of funds for student meal accounts with a negative fund balance; provided that no rule or policy shall prohibit feeding a student as required pursuant to subsection (b).

(e) Any communication related to outstanding credit must be directed to the student's parent or guardian. A student may be required to deliver a letter regarding outstanding credit that is addressed to a parent or guardian if the letter is not distributed to the student in a manner that stigmatizes the student.

(f) The department of education shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of each year on the prevalence of students being denied a school meal solely for failure to pay and any actions taken by the department of education or individual schools to address this issue. The report shall include:

(1) The number of meals that have been denied because of a zero or negative balance in a student's meal fund account;

(2) The number of students who have been denied a meal because of a zero or negative balance;

(3) The reasons for the zero or negative balance and subsequent meal denial;

(4) Steps the department is taking to make the process of paying for meals easier;

(5) Procedures for notifying parents of low or negative balances, including when and how they are notified; and

(6) The standard operating procedure for low or negative balance notification and subsequent meal denial.

(g) The department of education shall use moneys in the special school lunch fund to provide school meals at no charge for children in kindergarten through twelfth grade who are participating in the school meals program and who would otherwise be required to pay a reduced price for meals."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $800,000 or so much thereof as may be necessary for fiscal year 2020-2021 to be deposited to the credit of the special school lunch fund established pursuant to section 302A-405, Hawaii Revised Statutes.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2020.

Report Title:

Department of Education; School Meals; Free or Reduced Lunch; Students; Appropriation

Description:

Increases the number of days by which students have to apply for free or reduced lunch and to replenish the student's meal fund. Requires the department of education to report to the legislature regarding the number of students who are denied meals based on the inability to pay. Prohibits serving an alternative meal to students who are unable to pay. Appropriates funds to the special school lunch fund. (SD1)

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