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Legislation Document
SPONSOR:
Rep. S. Moore & Sen. Lockman
Reps. Burns, Morrison, Neal, Phillips, Ross Levin, Wilson-Anton, Lambert, Bush
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 125
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE FREE SCHOOL MEALS PROGRAM.
WHEREAS, the 152nd General Assembly passed HS 2 for HB 125 to make available free breakfast and lunch to students who qualify for a reduced-price meal under the federal School Breakfast Program or the National School Lunch Program; and
WHEREAS, enactment of HS 2 for HB 125 was an important first step to combatting childhood hunger, improving nutrition, and maximizing learning outcomes; and
WHEREAS, during the COVID-19 pandemic, Delaware, along with other states, used waivers offered by the U.S. Department of Agriculture to provide free meals to all students; and
WHEREAS, 13 states have enacted legislation to permanently allow free school meals for all students and at least 17 other states have introduced legislation to enact such a program; and
WHEREAS, the Food Research & Action Center collected feedback from the 5 states that operated a universal meal program during the 2022-2023 school year, after the pandemic-era programs ended; and
WHEREAS, all 5 of those states reported the following benefits of providing universal free meals: a reduction in childhood hunger, easier for parents and guardians, elimination of stigma associated with school meals, supported academic achievement; and
WHEREAS, research published in the Journal of Health Economics suggests that students from low-income households who do qualify for free school meals are more willing to eat those school meals when they are free for everyone, suggesting that “the stigma of free school meals may be declining after universal access”; and
WHEREAS, according to the United States Department of Agriculture’s Economic Research Service, food prices are predicted to increase 2.2% in 2025 with prices for healthy foods like eggs, forecasted to increase 20.3% and fruit, forecasted to increase 0.7%; and
WHEREAS, as the cost of groceries increases, so does food insecurity and overconsumption of sugary and ultra processed foods, which are perceived as being less expensive; and
WHEREAS, school meals are the healthiest meals in a day for most kids, according to research cited by the United States Department of Agriculture; and
WHEREAS, the General Assembly finds that it is in the best interests of Delaware students and their families to enact a free school meals for all program that provides free meals for school students.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4137A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating Delaware Code provisions accordingly:
§ 4137A. Free School Meals Program.
(a)
Definitions.
—
As
used
in
For
purposes
of
this
section:
(1)
“Breakfast”
means
as
defined
in
7
C.F.R.
§
220.2.
(1)
(2)
“Department” means
the Department
of
Education.
(3)
“Eligible
meal”
means
breakfast
or
lunch
satisfying
Program
requirements.
(4)
“Lunch”
means
as
defined
in
7
C.F.R.
§
210.2.
(2)
(5)
“National
School
Lunch
Program”
means
the
federal
Richard
B.
Russell
National
School
Lunch
Act
created
in 42 U.S.C.§ 1751 et
seq.
(3)
(6)
“Program”
means
the
Free
School
Meals
Program
created
under
this
section.
(4)
“Reduced-price
meal”
means
a
meal
a
child
is
entitled
to
receive
under
the
School
Breakfast
Program
or
National
School
Lunch
Program
when
the
family’s
income
is
between
130%
and
185%
of
the
federal
poverty
threshold,
as
published
annually
in
the
Federal
Register,
and
as
required
under
§
9
of
the
Richard
B.
Russell
National
School
Lunch
Act, 42
U.S.C.
§
1758.
(5)
(7)
“School
Breakfast
Program”
means
the
federal
School
Breakfast
Program
created
in
42
U.S.C.
§
1773
et
seq.
(b)
All
public
schools
that
participate
in
the
School
Breakfast
Program
and
National
School
Lunch
Program
must
provide
a
breakfast
meal
and
a
lunch
meal
free
of
charge
to
any
student
who
qualifies
for
a
reduced-price
meal
with
a
maximum
of 1
free
meal for
each
meal service
period. The
meals
provided
free
of charge
under this
Program must meet
the
meal
pattern
requirements
under
the
School
Breakfast
Program
and
National
School
Lunch
Program.
Subject
to
subsection
(d)
of
this
section,
a
public
school
that
participates
in
the
School
Breakfast
Program
shall
make
available
a
breakfast
free
of
charge
to any
attending student,
regardless
of
household
income.
(c)
Subject
to
subsection
(d)
of this
section,
a
public
school
that participates
in
the
National
School
Lunch
Program
shall
make
available
a
lunch
free
of
charge to
any
attending
student,
regardless
of
household
income.
(d)
A
student may
receive a maximum of
1 free
meal for
each meal service
period.
(c)
(e)
The
Department
shall
reimburse
all
public
schools
participating
in
the
Program.
The
amount
of
reimbursement,
by
the
Department
that
the
Department
reimburses
to
each
participating
public
school
for
each
budget
year,
year
will
be
equal
to
the
federal
free
reimbursement
rate
multiplied
by
the
total
number
of
eligible
meals
that
the
participating
public
school
serves
during
the
applicable
budget
year
minus
the
total
amount
of
reimbursement
for
eligible
meals
served
during
the
applicable
budget
year
that
the
participating
public
school
receives
under
the
School
Breakfast
Program
and National
School Lunch
Program.
Section 2. This Act takes effect 30 days following the date of publication in the Register of Regulations of a notice by the Controller General that funds have been appropriated to implement the provisions of this Act.
SYNOPSIS
This Act builds on House Substitute 2 for House Bill No. 125, enacted by the 152nd General Assembly, which extended free meals to students eligible for a reduced-price meal under federal law. This Act expands the availability of free meals by making them available to all public school students attending schools participating in the federal School Breakfast Program or National School Lunch Program. This Act requires public schools participating in the School Breakfast Program to make available free breakfasts to all attending students, regardless of household income. This Act also requires public schools participating in the National School Lunch Program to make available free lunches to all attending students, regardless of household income.
This Act requires the Department of Education to reimburse schools for costs of eligible meals not reimbursed by the United States Department of Agriculture under the School Breakfast Program and National School Lunch Program.
This Act adds definitions for breakfast, lunch, and eligible meal. This Act also removes the provision about the requirement for meals to follow the meal pattern requirements under the School Breakfast Program and the National School Lunch Program because the definitions of breakfast and lunch now include that requirement by reference to federal law.
This Act takes effect 30 days following the date of publication in the Register of Regulations of a notice from the Controller General that funds have been appropriated to implement the provisions of this Act.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.