HB91 • 2025

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL MEALS.

Education

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: K. Williams
Last action: 2025-07-30
Official status: Lieu/Substituted 4/17/25
Effective date: Not listed

Plain English Breakdown

The law takes effect immediately but implementation begins July 1, 2026; the exact date of immediate legal force versus operational start is distinct.

Delaware HB91: Expanding Free School Meals for Students with Incomes Up to 225% of Poverty Level

This law requires Delaware public schools to provide free breakfast and lunch to students whose household income is between 186% and 225% of the federal poverty level.

What This Bill Does

Requires public schools participating in the School Breakfast Program to give free breakfasts to students with incomes greater than 185% but at or below 225% of the federal poverty level.
Requires public schools participating in the National School Lunch Program to give free lunches to students with incomes greater than 185% but at or below 225% of the federal poverty level.
Allows schools to carry over a student's eligibility status from one year to the next using existing rules for mandatory and discretionary carryovers.
Directs the Department of Education to pay public schools for these meals using state funds.
Calculates payment as the difference between what the school would get if students paid (federal paid rate) and what it gets for free meals (federal free rate).

Who It Names or Affects

Students in Delaware public schools with household incomes greater than 185% but at or below 225% of the federal poverty level.
Public schools that participate in the School Breakfast Program or National School Lunch Program and are not using special federal certification options like Community Eligibility Provision.
The Department of Education, which must manage reimbursements for these meals.

Terms To Know

Federal Poverty Level: A yearly income amount set by the U.S. government used to decide if a family qualifies for help programs.
Reimbursement Rate: The specific dollar amount paid to schools for each meal served, which changes based on whether the student pays or gets it free.

Limits and Unknowns

This law does not apply to schools already using federal programs like Community Eligibility Provision, Provision 1, Provision 2, or Provision 3.
Schools do not face penalties if a carried-over eligibility decision turns out to be incorrect later.
The specific dollar amounts for reimbursement rates are set by the federal government and may change.

Bill History

2025-07-30 Delaware General Assembly
HS 1 for HB 91 - Signed by Governor
2025-06-30 Delaware General Assembly
HS 1 for HB 91 - Passed By Senate. Votes: 16 YES 5 NO
2025-06-26 Delaware General Assembly
HS 1 for HB 91 - Reported Out of Committee (Finance) in Senate with 4 On Its Merits
2025-06-25 Delaware General Assembly
HS 1 for HB 91 - Reported Out of Committee (Education) in Senate with 4 Favorable
2025-06-25 Delaware General Assembly
HS 1 for HB 91 - Assigned to Finance Committee in Senate
2025-06-17 Delaware General Assembly
HS 1 for HB 91 - Passed By House. Votes: 35 YES 1 NO 5 ABSENT
2025-06-17 Delaware General Assembly
HS 1 for HB 91 - Assigned to Education Committee in Senate
2025-06-10 Delaware General Assembly
HS 1 for HB 91 - Reported Out of Committee (Appropriations) in House with 2 Favorable, 4 On Its Merits
2025-04-17 Delaware General Assembly
Substituted in House by HS 1 for HB 91
2025-04-10 Delaware General Assembly
Assigned to Appropriations Committee in House
2025-04-09 Delaware General Assembly
Reported Out of Committee (Education) in House with 3 Favorable, 8 On Its Merits
2025-03-26 Delaware General Assembly
Introduced and Assigned to Education Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL MEALS.
This Act makes a student who is ineligible for a free or reduced-price breakfast and lunch under federal law due to household income eligible for a free school breakfast and lunch if that student’s household income is at or below 225% of the federal poverty level.

Under federal law, a student is eligible for a free school breakfast and lunch if that student’s household income is at or below 130% of the federal poverty level. HS 2 for HB 125, from the 152nd General Assembly, further expanded student eligibility for a free school meal for Delaware students whose household incomes are between 130% and 185% of the federal poverty level. This Act further expands eligibility for free school meals if that student’s household income is at or below 225% of the federal poverty level.

The Department of Education shall reimburse a public school providing a free school breakfast and lunch under this Act. Reimbursements will be equal to the difference between the federal paid reimbursement rate and the federal free reimbursement rate.

This Act does not apply to schools participating in the federal Community Eligibility Provision, Provision 1, Provision 2, or Provision 3 special assistance certification and reimbursement alternatives.

This Act takes effect immediately and is to be implemented beginning July 1, 2026.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. K. Williams & Sen. Walsh

Reps. Bush, Heffernan, K. Johnson, Osienski, Michael Smith, Snyder-Hall, Romer, S. Moore; Sens. Buckson, Seigfried

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 91

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL MEALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter I, Chapter 41, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4137C. Expanded income eligibility for free school meals.

(a) For purposes of this section:

(1) “Breakfast” means as defined in 7 C.F.R. § 220.2.

(2) “Community Eligibility Provision” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(f).

(3) “Department” means the Department of Education.

(4) “Income” means as defined in 7 C.F.R. § 245.6(a).

(5) “Lunch” means as defined in 7 C.F.R. § 210.2.

(6) “National School Lunch Program” means the federal Richard B. Russell National School Lunch Act, 42 U.S.C. § 1751 et seq.

(7) “Provision 1” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(a).

(8) “Provision 2” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(b).

(9) “Provision 3” means the special assistance certification and reimbursement alternative under 7 C.F.R. § 245.9(d).

(10) “School Breakfast Program” means the federal School Breakfast Program, 42 U.S.C. § 1773 et seq.

(b) A public school that participates in the School Breakfast Program shall make available a free breakfast to a student whose household income is greater than 185% but is at or below 225% of the federal poverty level.

(c) A public school that participates in the National School Lunch Program shall make available a free lunch to a student whose household income is greater than 185% but is at or below 225% of the federal poverty level.

(d) A public school shall carryover determinations of eligibility for free breakfast and free lunch under subsections (b) and (c) of this section the same way that it handles mandatory and discretionary carryover determinations under 7 C.F.R. § 245.6(c). The public school does not incur liability for the accuracy of the carried over determination.

(e)(1) The Department shall reimburse a public school providing a free school breakfast or free school lunch under this section.

(2) Reimbursements must be made for each budget year and as follows:

a. For breakfasts, reimbursements must be equal to the difference between the federal paid breakfast reimbursement rate and the federal free breakfast reimbursement rate.

b. For lunches, reimbursements must be equal to the difference between the federal paid lunch reimbursement rate and the federal free lunch reimbursement rate.

(f) This section does not apply to a school participating in any of the following:

(1) Community Eligibility Provision.

(2) Provision 1.

(3) Provision 2.

(4) Provision 3.

Section 2. This Act takes effect immediately and is to be implemented beginning July 1, 2026.

SYNOPSIS

This Act makes a student who is ineligible for a free or reduced-price breakfast and lunch under federal law due to household income eligible for a free school breakfast and lunch if that student’s household income is at or below 225% of the federal poverty level.

Under federal law, a student is eligible for a free school breakfast and lunch if that student’s household income is at or below 130% of the federal poverty level. HS 2 for HB 125, from the 152nd General Assembly, further expanded student eligibility for a free school meal for Delaware students whose household incomes are between 130% and 185% of the federal poverty level. This Act further expands eligibility for free school meals if that student’s household income is at or below 225% of the federal poverty level.

The Department of Education shall reimburse a public school providing a free school breakfast and lunch under this Act. Reimbursements will be equal to the difference between the federal paid reimbursement rate and the federal free reimbursement rate.

This Act does not apply to schools participating in the federal Community Eligibility Provision, Provision 1, Provision 2, or Provision 3 special assistance certification and reimbursement alternatives.

This Act takes effect immediately and is to be implemented beginning July 1, 2026.