bill keeps feeding students who run out of lunch money

The text as introduced · 772 words

89R3428 RDR-F

By: A. Davis of Dallas
H.B. No. 2526

A BILL TO BE ENTITLED

AN ACT

relating to school district grace period policies and the provision

of meals to public school students with insufficient balances on

prepaid meal cards or in meal accounts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 33.908, Education Code, is amended to

read as follows:

Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR

INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section,

"regular meal" means a meal for which a school district ordinarily

receives reimbursement under the national free or reduced-price

lunch program established under 42 U.S.C. Section 1751 et seq.

(b) The board of trustees of a school district that allows

students to use a prepaid meal card or account to purchase meals

served at schools in the district shall adopt a grace period policy

regarding the use of the cards or accounts. The policy:

(1) must allow a student whose meal card or account

balance is exhausted or insufficient to continue, for a period

determined by the board of at least one week , to purchase regular

meals by:

(A) accumulating a negative balance on the

student's card or account; or

(B) otherwise receiving an extension of credit

from the district;

(2) must require the district to make at least three

attempts during the period described by Subdivision (1) to

privately:

(A) notify the parent of or person standing in

parental relation to the student that the student's meal card or

account balance is exhausted , including by sending home with the

student in an unmarked envelope a written notice of a negative

balance or other amount due and an application for free or

reduced-price meals ;

(B) make arrangements with the parent or other

person for payment of negative balances or amounts otherwise due,

including through use of a payment plan; and

(C) assist the parent or other person in

completing an application on behalf of the student for free or

reduced-price meals, if it is determined that the student may be

eligible for free or reduced-price meals;

(3) may not permit the district to charge a fee or

interest in connection with meals purchased under Subdivision (1);

and

(4) may permit the district to set a schedule for

repayment on the account balance or other amount due if the district

is unable to set a repayment schedule by agreement through efforts

required under Subdivision (2) [ as part of the notice to the parent

or person standing in parental relation to the student ].

(c) After expiration of the period described by Subsection

(b)(1) and completion of duties required under Subsection (b)(2),

the school district shall continue to provide to the student

regular meals as described by Subsection (b)(1) at no cost to the

student.

(d) If a school district is unable to obtain payment

sufficient to cover the negative balance or extension of credit on a

student's meal card or account from the student's parent or a person

standing in parental relation to the student before the end of the

school year, the district:

(1) may apply toward the negative balance or credit

private donations solicited for that purpose and maintained in a

separate district account;

(2) shall provide the parent or other person with an

application on behalf of the student for free or reduced-price

meals, if the district determines that the student may be eligible

for free or reduced-price meals in the subsequent school year; and

(3) may not transfer a negative balance on a student's

meal card or account to the meal card or account held by the student

in a subsequent school year.

(e) A school district may not require a student to repeat a

grade level, prevent a student from graduating, withhold a diploma

from a student, or prohibit a student from participating in

school-related activity due to a negative balance or extension of

credit on the student's meal card or account.

(f) A school district may not publicly identify a student

with a negative balance or extension of credit on a meal card or

account and must implement an action authorized under this section

in a manner that does not stigmatize or cause embarrassment to a

student.

SECTION 2. This Act applies beginning with the 2025-2026

school year.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.