An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in pupils and attendance, further providing for Nonprofit School Food Program, repealing provisions relating to school lunch and breakfast reimbursement and establishing the Universal School Meal Program and the Universal School Meal Fund; and making an interfund transfer and an appropriation.

PRINTER'S NO. 821
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 180
Session of
2025
INTRODUCED BY L. WILLIAMS, SCHWANK, STREET, COMITTA, FONTANA,
SAVAL, HUGHES, KEARNEY, COLLETT, TARTAGLIONE, COSTA, HAYWOOD,
KANE, MUTH, FLYNN AND CAPPELLETTI, MAY 22, 2025
REFERRED TO EDUCATION, MAY 22, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, further
providing for Nonprofit School Food Program, repealing
provisions relating to school lunch and breakfast
reimbursement and establishing the Universal School Meal
Program and the Universal School Meal Fund; and making an
interfund transfer and an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1337(a), (c) and (d) of the act of March
10, 1949 (P.L.30, No.14), known as the Public School Code of
1949, are amended to read:
Section 1337. Nonprofit School Food Program.--(a)
Definitions. For the purpose of this section--["school food
program" means a program under which food is served by any
school on a nonprofit basis to children in attendance, including
any such program under which a school receives assistance out of
funds appropriated by the Congress of the United States.]
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" School food program" means a program under which food is
served by a school on a nonprofit basis to children in
attendance, including a program under which a school receives
assistance out of money appropriated by the Congress of the
United States.
"School meal" means a meal that meets the requirements
established under 7 CFR 210 (relating to National School Lunch
Program) or 220 (relating to School Breakfast Program).
* * *
(c) Administration of Program. The Department of Education
may enter into such agreements with any agency of the Federal
Government, with any board of school directors, or with any
other agency or person prescribe such regulations, employ such
personnel, and take such other action as it may deem necessary
to provide for the establishment, maintenance, operation and
expansion of any school food program, and to direct the
disbursement of Federal and State funds in accordance with any
applicable provisions of Federal or State law. The Department of
Education may give technical advice and assistance to any board
of school directors in connection with the establishment and
operation of any school food program, and may assist in training
personnel engaged in the operation of such program. [The
Department of Education, and any board of school directors, may
accept any gift for use in connection with any school food
program.]
(d) Boards of School Directors.
(1) Pursuant to any power of boards of school directors to
operate or provide for the operation of school food programs in
schools under their jurisdiction, boards of school directors may
use therefore funds disbursed to them under the provisions of
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this section, [gifts] and other funds, received from sale of
school food under such programs.
(2) [(i) Pursuant to subclause (ii), regardless] Regardless
of whether a student has money to pay for a school meal or owes
money for school meals, each board of school directors shall
establish a requirement for schools under its jurisdiction to
provide a school food program meal to a student who requests
one, unless the student's parent or guardian has specifically
provided written directive to the school to withhold a school
meal.
[(ii) If a student is not eligible for participation in the
school food program and owes greater than seventy-five dollars
($75) in a school year for school meals, a school may provide
the student with alternative meals instead of school food
program meals until the student's unpaid balance for school
meals is paid or a payment plan has been established with the
school to reduce the unpaid balance.]
(3) Each board of school directors shall require schools
under its jurisdiction to comply with the following when a
student owes money for five or more school meals:
(i) The school shall make at least two attempts to reach the
student's parent or guardian and have the parent or guardian
apply for participation in the school food program.
(ii) The school shall offer assistance with applying for
participation in the school food program.
(iii) The school shall provide the parent or guardian with
information on resources for applying for social service
assistance programs.
(4) Each board of school directors shall[:
(i) Require] require schools under its jurisdiction to
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direct communications regarding money owed by a student for
school meals to the student's parent or guardian and not to the
student. [if the student is enrolled in grades kindergarten
through eight. For a student enrolled in grades nine through
twelve, the board of school directors may require the schools to
direct communications regarding a low balance or money owed by a
student for school meals to the student if the communications
are made individually to the student by appropriate school
personnel and are made discreetly.
(ii) Permit schools under its jurisdiction to contact the
student's parent or guardian by means of a letter addressed to
the parent or guardian that is delivered by the student.]
(5) Each board of school directors shall prohibit schools
under its jurisdiction from implementing the following:
(i) Publicly identifying or stigmatizing a student who
cannot pay for a school meal or who owes money for school
[meals. It shall not constitute public identification or
stigmatization of a student for a school to restrict privileges
and activities of students who owe money for school meals if
those same restrictions apply to students who owe money for
other school-related purposes. It shall not constitute public
identification or stigmatization of a student for a school to
provide a student with an alternative meal pursuant to clause
(2)(ii).] meals, including serving a student an alternative meal
or requiring a student to wear a wristband, hand stamp or other
article identifying the student as having school meal debt.
(ii) Requiring a student who cannot pay for a school meal to
perform chores or other work to pay for the school meal. This
subclause shall not apply if chores or other work are required
of all students regardless of the student's [inability] ability
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to pay for the school meal.
(iii) Requiring a student or school staff to discard a
school meal after it was served to the student due to the
student's [inability] ability to pay for the school meal or the
amount of money owed by the student for earlier school meals.
(iv) Penalizing a student with detention, in-school
suspension or out-of-school suspension for eating a school meal
for which the student could not pay.
(v) Denying a student the opportunity to participate in
curricular or extracurricular activities or graduation or to
receive a diploma or withhold a grade report as a result of
outstanding school meal debt.
(vi) Using collections agencies to threaten or damage the
credit score of a parent or guardian to recover school meal
debt.
(vii) Applying interest, fees or other penalties to
outstanding school meal debt.
(viii) Filing legal action against a student, parent or
guardian to recover outstanding school meal debt.
(ix) Filing one or more criminal charges against a student,
parent or guardian to recover outstanding school meal debt.
(x) Reporting a student or student's parent or guardian to a
county children and youth agency for outstanding meal debt.
(xi) Using the nonprofit food service account to pay for the
student debt.
(xii) Refusing to provide the signature of an issuing
officer for a completed application for a work permit under the
act of October 24, 2012 (P.L.1209, No.151), known as the "Child
Labor Act."
(xiii) Refusing to provide any material, including a letter
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of recommendation, requested by a student, or a parent or
guardian of a student, for the student's application for
postsecondary education, training, volunteer work or military
service.
* * *
Section 2. Section 1337.1(c.2) of the act is repealed:
Section 1337.1. School Lunch and Breakfast Reimbursement.--*
* *
[(c.2) To the extent funds are available, the department
shall provide State reimbursement to schools that participate in
the National School Lunch Program and the National School
Breakfast Program for the difference between the reimbursement
rate for a free lunch and a reduced price lunch and the
difference between the reimbursement rate for a free breakfast
and a reduced price breakfast or paid breakfast.]
* * *
Section 3. The act is amended by adding a section to read:
Section 1337.2. Universal School Meal Program.-- (a) The
Universal School Meal Program is established with the goal to
provide two free meals each school day, as permitted by Federal
regulations, to each student of a school regardless of the
household income of the student.
(b) The purposes of the program are to:
(1) Further the principle that no child should experience
hunger.
(2) Provide that each student of a school benefit from
healthy meals and have the nourishment needed to achieve
academic success, free from stigma or stress.
(c) Each school that participates in the School Breakfast
Program shall provide to each enrolled student of the school a
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meal that meets the requirements of the School Breakfast Program
during each school day that the student is in attendance, at no
cost, without consideration of the student's eligibility for a
federally funded free meal, reduced-price meal or paid meal,
with a maximum of one free meal per student for each meal
service.
(d) Each school that participates in the National School
Lunch Program shall provide to each enrolled student of the
school a meal that meets the requirements of the National School
Lunch Program during each school day that the student is in
attendance, at no cost, without consideration of the student's
eligibility for a federally funded free meal, reduced-price meal
or paid meal, with a maximum of one free meal per student for
each meal service.
(e) If an additional snack or other food is offered by the
school that is not included in the free meal or breakfast,
students may be required to pay for the additional snack or
other food unless the school provides the additional snack or
other food at no charge using non-Federal money, except as
permitted under 7 CFR 210 (relating to National School Lunch
Program) or 220 (relating to School Breakfast Program).
(f) (1) The department shall administer the program and
develop guidance and monitoring requirements as it deems
necessary to implement this section.
(2) The department may, in the manner provided by law,
promulgate regulations as necessary to carry out the provisions
of this section.
(3) For the purpose of carrying out this section and subject
to the availability of money under this section, the department
may use up to three and five tenths per centum (3.5%) of
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appropriated money that it receives for administrative purposes.
(g) Each school shall report to the department regarding the
program, in accordance with 7 CFR 210, 220 and 245 (relating to
determining eligibility for free and reduced price meals and
free milk in schools).
(h) The department shall monitor public school entities that
receive State reimbursement in accordance with 7 CFR 210, 220
and 245.
(i) (1) As a condition for receiving State reimbursement as
described in this section, each school shall maximize the amount
of Federal reimbursement available through the National School
Lunch Program and the School Breakfast Program of the United
States Department of Agriculture for any school building that
qualifies for and participates in the community eligibility
provision.
(2) Schools ineligible for the community eligibility
provision shall make all reasonable efforts to promote and
collect household applications for students who are not
categorically eligible for free meals or directly certified for
free or reduced price meals.
(j) To the extent money is available, the department shall
provide State reimbursement to schools equal to the sum of the
difference between the Federal free and paid reimbursement rates
plus the difference between the reduced-price and the paid
reimbursement rates under the National School Lunch Program and
the School Breakfast Program.
(k) (1) The department shall distribute State reimbursement
under this section to schools.
(2) The department shall not be required to distribute State
reimbursement under this section to public school entities if
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the United States Department of Agriculture provides a full
reimbursement for meals from the National School Lunch Program
and the School Breakfast Program.
(l) (1) To the extent possible, each school shall provide a
meal in which the cost of the meal is equal to or less than the
Federal reimbursement rate for a free meal during any given
school year, as determined annually by the United States
Department of Agriculture.
(2) A school shall only receive State reimbursement from the
department up to the Federal free reimbursement rate under
clause (j). The school shall be responsible for any additional
costs if the cost per meal is more than the amount set by the
Federal free reimbursement rate.
(m) The Universal School Meal Fund is established in the
State Treasury. The following apply to operations of the fund:
(1) All money deposited into the fund and the interest that
the money accrues are appropriated to the department on a
continuing basis to provide State reimbursement to public school
entities under the program.
(2) No administrative action shall prevent the deposit of
money into the fund in each fiscal year.
(3) The fund may only be used for the program.
(4) No money in the fund shall be transferred or diverted to
any other purpose by administrative action.
(5) Money available to the fund shall include appropriations
and transfers from the General Fund, the Budget Stabilization
Reserve Fund, special funds, Federal funds and other sources of
revenue made available to the fund.
(6) Within 30 days of the effective date of this paragraph,
no less than the sum of three hundred sixty million dollars
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($360,000,000) shall be transferred from the General Fund to the
fund.
(n) The sum of twenty-five million dollars ($25,000,000) is
appropriated from the General Fund to the department to provide
payments to public school entities in an amount necessary to
reimburse the cost of discharging outstanding student meal debt.
(o) T he department shall develop procedures to allocate and
disburse, beginning in the 2025-2026 school year, the money
appropriated under subsection (n) to public school entities.
(p) If the amount appropriated under subsection (n) is
insufficient to fully reimburse the cost of discharging
outstanding student meal debt, the department shall develop
procedures for how to equitably prorate the reimbursements to
public school entities.
(q) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Breakfast." A meal that meets the meal requirements
specified in 7 CFR 220.
"Community eligibility provision." As described in 7 CFR
645.
"Department." The Department of Education of the
Commonwealth.
"Fund." The Universal School Meal Fund established in
subsection (m).
"Lunch." A meal that meets the meal requirements specified
in 7 CFR 210.
"Meal service period." A time reserved for meals in a school
day in accordance with 7 CFR 210 and 220.
"National School Lunch Program." As defined in 7 CFR 210.2
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(relating to definitions).
"Program." The Universal School Meal Program established in
subsection (a).
"School Breakfast Program." As defined in 7 CFR 220.2
(relating to definitions).
Section 4. This act shall take effect September 1, 2025, or
immediately, whichever is later.
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