On November 6, 2017, the Pennsylvania General Assembly passed Act 55, a wide-ranging amendment to the Pennsylvania School Code. One section impacted by Act 55 is School Code Section 1337, which governs the administration of the Nonprofit School Food Program. This program includes the National School Lunch Program and the School Breakfast Program.
As a way of reducing the stigma that can sometimes accompany a child’s inability to pay for school meals, Act 55 demands that all school boards establish a policy which requires its schools to provide a program meal to a student who requests one, regardless of whether the student has the money to pay or owes money for school meals.
A child’s parent or guardian can provide written direction to the school to withhold a meal.
When a student owes money for five or more meals, schools must now make at least two attempts to reach a parent or guardian and have them apply for participation in the school meal program. The school is permitted to offer assistance with the application. Schools will only be able to communicate directly with parents regarding any money owed for school meals. Districts may, however, allow a student to deliver a letter regarding any deficiency to his or her parent or guardian.
The revised Section 1337 is explicitly clear that privacy and respect are paramount. Schools may not publically identify or stigmatize a student who cannot pay for a school meal, or who owes money for school meals. Students cannot be made to do chores or other work to “earn” a school meal. Finally, schools cannot request a student discard a meal after it is served due to his or her inability to pay or money owed for prior meals.
Act 55 does not alter the prior language of 1337 which allowed for school boards to receive gifts or other third party funds to pay for program-related meals and foods. Gifts have often been used to pay for delinquent student meal accounts.
However, State guidance and Federal regulations require that any gifted funds for the purpose of offsetting meal food program debts should be kept in a segregated account from Federal and State-related revenue.
Schools should also decide how the donated funds will be used, whether for individual students or for delinquent accounts in general.
Bottom Line for Schools
The changes to the Nonprofit School Meal Program are significant. The new default action is to feed all students, regardless of ability to pay or money owed. Schools may then communicate with a parent or guardian about qualifying for free or reduced-price meal programs and any lingering debts. School boards should ensure that they have an updated policy aligned with these new changes to the School Code.
School Law Bullets are a publication of KingSpry’s Education Law Practice Group. They are meant to be informational and do not constitute legal advice. John E. Freund, III, is our editor.
