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A BILL TO BE ENTITLED
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AN ACT
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relating to school district grace period policies and the |
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provision of meals to public school students with insufficient |
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balances on prepaid meal cards or meal accounts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.908, Education Code, is amended to |
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read as follows: |
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Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR |
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INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section, |
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"regular meal" means a meal for which a school district ordinarily |
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receives reimbursement under the national free or reduced price |
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lunch program established under 42 U.S.C. Section 1751 et seq. |
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(b) A school district that allows students to use a prepaid |
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meal card or account to purchase meals served at the school shall |
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adopt a grace period policy regarding the use of the cards or |
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accounts. The policy: |
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(1) must allow a student whose meal card or account |
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balance is exhausted or insufficient to continue, for a grace |
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period determined by the district but of at least two weeks, to |
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purchase regular meals by: |
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(A) accumulating a negative balance on the |
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student's card or account; or |
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(B) otherwise receiving an extension of credit |
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from the district; |
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(2) must require the district to make at least three |
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attempts by telephone or electronic mail during the grace period to |
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privately: |
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(A) notify the parent of or person standing in |
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parental relation to the student that the student's meal card or |
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account balance is exhausted; |
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(B) make arrangements with the parent or other |
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person for payment of negative balances or amounts otherwise due, |
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including through use of a payment plan; and |
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(C) assist the parent or other person in |
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completing an application on behalf of the student for free or |
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reduced price meals, if it is determined that the student may be |
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eligible for free or reduced price meals; |
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(3) must require the district to send home with the |
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student in an unmarked white envelope a written notice of a negative |
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balance or other amount due and an application for free or reduced |
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price meals; |
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(4) may not permit the district to charge a fee or |
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interest in connection with meals purchased under Subdivision (1); |
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and |
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(5) [(4)] may permit the district to set a schedule |
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for repayment on the account balance or other amount due if the |
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district is unable to set a repayment schedule by agreement through |
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efforts required under Subdivision (2) [as part of the notice to the
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parent or person standing in parental relation to the student]. |
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(c) After expiration of the grace period, the school |
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district may: |
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(1) permit the student to continue to purchase regular |
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meals in the manner described by Subsection (b)(1); or |
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(2) provide the student with alternate meals at no |
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cost. |
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(d) A school district that elects to provide alternate meals |
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must: |
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(1) privately notify the student's parent or person |
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standing in parental relation of the district's action; and |
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(2) provide those meals through the same serving line |
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as regular meals. |
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(e) If a school district provides regular meals to a student |
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under Subsection (c)(1) and is unable at the end of the school year |
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to obtain payment for the meals from the student's parent or person |
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standing in parental relation, the district may pay the negative |
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balance on the student's meal card or account using private |
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donations solicited by the district from individuals and entities |
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for that purpose and maintained in a separate district account. The |
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amount of any private donations received under this subsection is |
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in addition to any reimbursement to which the district is entitled |
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under federal law. |
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(f) A school district may not publicly identify a student |
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with a negative balance on a meal card or account, and must |
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implement any action authorized under this section in a manner that |
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does not stigmatize a student or cause embarrassment. The |
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district's policy must identify the manner in which the district |
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will prevent stigmatizing a student or causing embarrassment. |
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SECTION 2. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |