SENATE BILL No. 1078

 

 

September 5, 2018, Introduced by Senators ANANICH, WARREN, KNEZEK, HOPGOOD, YOUNG, GREGORY, GREEN, BIEDA, ROCCA and EMMONS and referred to the Committee on Education.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1272b (MCL 380.1272b), as amended by 2015 PA

 

42.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1272b. (1) In all school meal programs established and

 

operated under section 1272a, all of the following apply:

 

     (a) Subject to subsection (2), nutritional standards

 

prescribed by the United States Department of Agriculture pursuant

 

to under section 9 of the national school lunch act, 42 USC 1758,

 

shall must be met and maintained.

 

     (b) The board of a school district or board of directors of a

 

public school academy may charge a fee for meals or milk, but the

 

fee shall not exceed the actual average daily cost, including

 

necessary supervision, of the meal or milk and accessories, less

the amount of food and financial assistance received by the board

 

or board of directors for the meal or milk.

 

     (c) The board of a school district or board of directors of a

 

public school academy shall provide free and reduced price meals

 

and free milk to all pupils eligible under the maximum standards

 

prescribed by the United States Department of Agriculture pursuant

 

to under section 9 of the national school lunch act, 42 USC 1758;

 

shall ensure the confidentiality of all information contained in

 

applications for eligibility; and shall further ensure that

 

eligible pupils are not discriminated against or overtly identified

 

in any manner.

 

     (d) The board of a school district or board of directors of a

 

public school academy shall provide for parent and pupil

 

participation in the planning and evaluation of school meals and

 

other foods sold or dispensed on school premises.

 

     (e) The board of a school district or board of directors of a

 

public school academy shall not publicly identify or stigmatize a

 

pupil who cannot pay for a meal or who owes a meal debt by

 

requiring a pupil to wear a wristband or handstamp or by any other

 

means.

 

     (f) The board of a school district or board of directors of a

 

public school academy shall not require a pupil who cannot pay for

 

a meal or who owes a meal debt to perform chores or other work to

 

pay for meals.

 

     (g) The board of a school district or board of directors of a

 

public school academy shall not communicate directly with a pupil

 

about a meal debt and shall only communicate about a meal debt with

a pupil's parent or legal guardian.

 

     (h) If a pupil's school meal account reaches a negative

 

balance, the board of a school district or board of directors of a

 

public school academy shall notify the pupil's parent or legal

 

guardian of the negative balance in writing not later than 7 days

 

after the school meal account reaches a negative balance.

 

     (i) The board of a school district or board of directors of a

 

public school academy shall not require a pupil or a pupil's parent

 

or legal guardian to pay fees or costs of a collection agency hired

 

to collect a meal debt.

 

     (j) The board of a school district or board of directors of a

 

public school academy shall provide a United States Department of

 

Agriculture reimbursable meal to a pupil who requests a meal,

 

regardless of a pupil's ability to pay for the meal, unless the

 

pupil's parent or legal guardian has provided specific, written

 

permission to withhold a meal.

 

     (k) The board of a school district or board of directors of a

 

public school academy shall not require a pupil to dispose of a

 

meal after it has been served because the pupil is unable to pay

 

for the meal or owes a meal debt.

 

     (l) The board of a school district, the board of directors of

 

a public school academy, or a school operated by a school district

 

or public school academy may establish and administer a

 

philanthropic fund to assist pupils to pay for meals.

 

     (2) In all school meal programs established and operated under

 

section 1272a, the department shall take all steps necessary to

 

ensure maximum state and local control over the implementation of

the programs, including, but not limited to, establishing an upper

 

limit on the number and frequency of fund-raising activities that

 

may take place in a public school during school hours that allow

 

the sale of food or beverage items that do not meet the nutritional

 

standards. The department shall ensure that this upper limit is not

 

less than 2 fund-raising activities per week. For the purposes of

 

this upper limit, an ongoing fund-raising activity that is

 

scheduled to take place at more than 1 time during a school day or

 

throughout the school day shall be considered to be a single fund-

 

raising activity.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.