85R11807 KKA-D
 
  By: Giddings H.B. No. 2159
 
 
 
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 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)  A school district that allows students to use a prepaid
  meal card or account to purchase meals served at the school 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 grace
  period determined by the district but of at least two weeks, 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 by telephone or electronic mail during the grace period 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;
                     (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)  must require the district to send home with the
  student in an unmarked white envelope a written notice of a negative
  balance or other amount due and an application for free or reduced
  price meals;   
               (4)  may not permit the district to charge a fee or
  interest in connection with meals purchased under Subdivision (1);
  and
               (5) [(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 grace period, the school
  district may:
               (1)  permit the student to continue to purchase regular
  meals in the manner described by Subsection (b)(1); or
               (2)  provide the student with alternate meals at no
  cost.
         (d)  A school district that elects to provide alternate meals
  must:
               (1)  privately notify the student's parent or person
  standing in parental relation of the district's action; and
               (2)  provide those meals through the same serving line
  as regular meals.
         (e)  If a school district provides regular meals to a student
  under Subsection (c)(1) and is unable at the end of the school year
  to obtain payment for the meals from the student's parent or person
  standing in parental relation, the district may pay the negative
  balance on the student's meal card or account using private
  donations solicited by the district from individuals and entities
  for that purpose and maintained in a separate district account. The
  amount of any private donations received under this subsection is
  in addition to any reimbursement to which the district is entitled
  under federal law.
         (f)  A school district may not publicly identify a student
  with a negative balance on a meal card or account, and must
  implement any action authorized under this section in a manner that
  does not stigmatize a student or cause embarrassment. The
  district's policy must identify the manner in which the district
  will prevent stigmatizing a student or causing embarrassment.
         SECTION 2.  This Act applies beginning with the 2017-2018
  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, 2017.