Del. Code tit. 14 § 4137A

Current through 2024 Legislative Session Act Chapter 364
Section 4137A - Free School Meals Program
(a) Definitions.

As used in this section:

(1) "Department" means the Department of Education.
(2) "National School Lunch Program" means the federal Richard B. Russell National School Lunch Act created in 42 U.S.C.§ 1751 et seq.
(3) "Program" means the Free School Meals Program created under this section.
(4) "Reduced-price meal" means a meal a child is entitled to receive under the School Breakfast Program or National School Lunch Program when the family's income is between 130% and 185% of the federal poverty threshold, as published annually in the Federal Register, and as required under § 9 of the Richard B. Russell National School Lunch Act, 42 U.S.C. § 1758.
(5) "School Breakfast Program" means the federal School Breakfast Program created in 42 U.S.C. § 1773 et seq.
(b) All public schools that participate in the School Breakfast Program and National School Lunch Program must provide a breakfast meal and a lunch meal free of charge to any student who qualifies for a reduced-price meal with a maximum of 1 free meal for each meal service period. The meals provided free of charge under this Program must meet the meal pattern requirements under the School Breakfast Program and National School Lunch Program.
(c) The Department shall reimburse all public schools participating in the Program. The amount of reimbursement, by the Department to each participating public school for each budget year, will be equal to the federal free reimbursement rate multiplied by the total number of eligible meals that the participating public school serves during the applicable budget year minus the total amount of reimbursement for eligible meals served during the applicable budget year that the participating public school receives under the School Breakfast Program and National School Lunch Program.
(d) The Department may promulgate rules and regulations as necessary to implement this Program, including rules to maximize the amount of federal funding available to implement and operate this Program.

14 Del. C. § 4137A

Added by Laws 2023, ch. 317,s 1, eff. 7/23/2024.
Section 2 of the 2024 enacting legislation provides that this section takes effect beginning the school year following its enactment.