N.J.S.A. 18A:33-21 — Provision of school meals.

18A:33-21 Provision of school meals. 1. a. (1) In the event that a participating school district or nonpublic school determines that a student's unsubsidized school breakfast or unsubsidized school lunch bill is in arrears, the participating school district or nonpublic school shall contact the student's parent or guardian to provide notice of the arrearage, and shall provide the parent or guardian with a period of 10 school days to pay the amount due. If the student's parent or guardian has not made full payment by the end of the designated 10-day period, then the participating school district or nonpublic school shall again contact the student's parent or guardian to provide notice of any action to be taken in response to the arrearage. (2) A participating school district or nonpublic school shall report, at least biannually to the Department of Agriculture, the number and percentage of enrolled students who have been denied school breakfast or school lunch on the basis of an unsubsidized meals bill arrearage, pursuant to this section. (3) Nothing in this section shall be construed to: (a) require a participating school district or nonpublic school to deny or restrict the ability of a student to access unsubsidized school breakfast or unsubsidized school lunch, respectively, whenever the student's unsubsidized school breakfast or unsubsidized school lunch bill is in arrears; or (b) authorize a participating school district or nonpublic school to deny or restrict the ability of a student who is income-eligible for subsidized school lunch, but who is not income-eligible for subsidized school breakfast, to continue to access subsidized school lunch whenever the student's unsubsidized school breakfast bill is in arrears. b. A participating school district or nonpublic school shall not: (1) publicly identify or stigmatize a student who cannot pay for an unsubsidized school breakfast or an unsubsidized school lunch, or whose unsubsidized school breakfast or lunch bill is in arrears, for example, by requiring the student to sit at a separate table, to wear a wristband, hand stamp, or identifying mark, or to accept an alternative meal; (2) require a student who cannot pay for an unsubsidized school breakfast or an unsubsidized school lunch, or whose unsubsidized school breakfast or lunch bill is in arrears, to do chores or other work to pay for the unsubsidized school breakfast or unsubsidized school lunch; (3) require a student to discard an unsubsidized school breakfast or an unsubsidized school lunch, after it has been served, either because the student is unable to pay for the unsubsidized breakfast or unsubsidized lunch or because the student's unsubsidized school breakfast or lunch bill is in arrears; (4) prohibit a student, or a sibling thereof, from attending or participating in non-fee-based extracurricular activities, field trips, or school events, from receiving grades, official transcripts, or report cards, or from graduating or attending graduation events, solely because of the student's unresolved breakfast or lunch debt; or (5) require a student's parent or guardian to pay fees or costs in excess of the actual amounts owed for unsubsidized school breakfasts or unsubsidized school lunches, or both, which have been previously served to the student. c. If a student owes money for the equivalent of five or more unsubsidized school meals, the participating school district or nonpublic school shall: (1) (Deleted by amendment, P.L.2022, c.104) (2) determine whether the student is eligible for subsidized school meals, by conducting a review of all available records related to the student, and by making at least two attempts, not including the initial attempt made pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), to contact the student's parent or guardian and have the parent or guardian complete a subsidized school meals application; and (3) require a principal, or a person designated by the principal, to contact the student's parent or guardian to: (a) offer assistance with respect to the completion of the subsidized school meals application; (b) determine whether there are other issues in the household that have caused the student to have insufficient funds to purchase an unsubsidized school breakfast or unsubsidized school lunch, as the case may be; and (c) offer any other appropriate assistance. d. A participating school district or nonpublic school shall direct communications about a student's unsubsidized school meals arrearage to the parent or guardian and not to the student. Nothing in this subsection shall prohibit a participating school district or nonpublic school from sending a student home with a letter addressed to a parent or guardian. e. Notwithstanding the provisions of this section and the provisions of any other law, rule, or regulation to the contrary, a student shall not be denied access to a school meal, regardless of the student's ability to pay or the status of the student's meal arrearages, during any period of time in which the student's participating school district or nonpublic school is making a determination, pursuant to subsection c. of this section, as to whether the student is eligible for, and can be certified to receive, subsidized school meals. L.2015, c.15, s.1; amended 2018, c.27; 2020, c.29, s.2; 2022, c.104, s.14; 2023, c.336, s.9. 18A:33-21a Short title. 1. Section 1 of P.L.2015, c.15 (C.18A:33-21) and section 16 of P.L.2022, c.104 (C.18A:33-21b1), shall be known and may be cited as the "Hunger-Free Students' Bill of Rights Act." L.2020, c.29, s.1; amended 2022, c.104, s.15. 18A:33-21b1 Information provided to parent, guardian. 16. a. At the beginning of each school year, or upon initial enrollment in the case of a student who enrolls during the school year, a participating school district or nonpublic school shall provide each student's parent or guardian with: (1) a hard copy of information on the National School Lunch Program and the federal School Breakfast Program, including, but not limited to: (a) information on the ability of all categorically eligible and income-eligible students to receive free school lunch under the National School Lunch Program, as provided by subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and free school breakfast under the federal School Breakfast Program, as provided by subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a); (b) information on the subsidized school meals application and certification processes that are used to determine whether a student is categorically eligible or income-eligible for subsidized school meals; (c) information highlighting the need for parents and guardians to complete a subsidized school meals application for each student, and encouraging parents and guardians to complete the application, both to ensure that the student will have access to all subsidized school meals for which the student is eligible and to ensure that the school and the district have the necessary information to facilitate relevant eligibility determinations, receive appropriate reimbursement, and engage in all other activities authorized under subsection c. of this section; and (d) information on the rights that are available to students and their families under this section and section 1 of P.L.2015, c.15 (C.18A:33-21); and (2) a hard copy of a subsidized school meals application, as well as instructions for completing the application, and, as necessary, assistance in completing the application. b. The school meals information and application provided to parents and guardians, pursuant to subsection a. of this section, shall: (1) be communicated in a language that the parent or guardian understands; (2) specify the limited purposes for which collected personal data may be used, as provided by subsection c. of this section; (3) (Deleted by amendment, P.L.2023, c.203); and (4) include a notice that an application to apply for the school lunch and school breakfast programs may be submitted at any time during the school year and is required to be submitted annually. The school district may also provide the information and application electronically, through the usual means by which the district electronically communicates with parents. c. A subsidized school meals application that is completed by a parent or guardian shall be confidential, and shall not be used or shared by the student's school or school district, except as may be necessary to: (1) determine whether a student identified in the application is income-eligible for free or reduced price school meals and, if so, whether the student satisfies federal or State-level income eligibility requirements for subsidized school lunches, subsidized school breakfasts, or both; (2) determine whether the school or school district is required, by section 2 of P.L.2018, c.25 (C.18A:33-11.3) or by section 1 of P.L.2018, c.28 (C.18A:33-24), to establish a breakfast after the bell program or to participate as a sponsor or site in the federal Summer Meals Service Program; (3) ensure that the school receives appropriate reimbursement, from the State and federal governments, for subsidized school meals served to eligible students, free of charge, through a school lunch program, a school breakfast program, a breakfast after the bell program, a summer meals program, or an emergency meals distribution program; and (4) facilitate school aid determinations under the "School Funding Reform Act of 2008," P.L.2007, c.260 (C.18A:7F-43 et seq.). d. The school district shall require the parent or guardian to either submit an application to apply for the school lunch and school breakfast programs or submit a signed card provided by the school district indicating that the parent or guardian has received the application and information and is not interested in participating in the school lunch and school breakfast programs. The card shall include a notice stating that a parent or guardian may submit an application to apply for the school lunch and school breakfast programs at any time during the school year. If a school district does not receive an application or a signed card, the school district shall make at least one attempt to contact the student's parent or guardian and request that the parent or guardian submit either an application or signed card. e. The provisions of this section shall not apply in the case of a school which participates in the Community Eligibility Provision. L.2022, c.104, s.16; amended 2023, c.203; 2023, c.336, s.10. 18A:33-21c Provision of meals to homeless students. 4. The school district liaison for the education of homeless children shall coordinate with school district personnel to ensure that a homeless student receives free school meals and is monitored according to the school district's policies. L.2020, c.29, s.4.

This is the verbatim text of N.J.S.A. 18A:33-21, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.