SENATE BILL NO. 668

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 Richard B. Russell 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 must 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 Richard B. Russell 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 school meal or who owes a school-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 school meal or who owes a school-meal debt to perform chores or other work to pay for school 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 school-meal debt. However, the board may communicate directly with a pupil about a school-meal debt if all of the following requirements are met:

(i) The board attempts to contact the pupil's parent or legal guardian regarding the school-meal debt in any of the following ways:

(A) By calling the telephone number belonging to the pupil's parent or legal guardian as reflected in the records of the school district or public school academy.

(B) By mailing a letter to the mailing address belonging to the pupil's parent or legal guardian as reflected in the records of the school district or public school academy.

(C) By sending an electronic mail message to the electronic mailing address belonging to the pupil's parent or legal guardian as reflected in the records of the school district or public school academy.

(ii) The board is unsuccessful in making contact with the pupil's parent or legal guardian after attempting to do so in the manner described in subparagraph (i)(A), (B), or (C).

(iii) The board only discusses the school-meal debt directly with the pupil outside of the presence of other pupils.

(h) If a pupil's school meal account reaches a negative balance, not later than 7 days after the 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 and shall provide the pupil's parent or legal guardian with information regarding free or reduced price meals and free milk, including, but not limited to, information regarding eligibility standards for free or reduced price meals and free milk.

(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 the fees or costs of a collection agency hired to collect a school-meal debt.

(j) The board of a school district or board of directors of a public school academy shall provide a school meal that is comparable to the United States Department of Agriculture reimbursable meal to a pupil who requests a school meal, regardless of a pupil's ability to pay for the school meal, unless the pupil's parent or legal guardian has provided specific, written permission to withhold a school 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 school meal after it has been served because the pupil is unable to pay for the school meal or owes a school-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 accept philanthropic donations to pay school-meal debts.

(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 must 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.