Section 13-1337 - Nonprofit school food program(a) Definitions. For the purpose of this section--"school food program" means a program under which food is served by any school on a nonprofit basis to children in attendance, including any such program under which a school receives assistance out of funds appropriated by the Congress of the United States.(b) Expenditure of Federal Funds. The Department of Education is hereby authorized to accept and direct the disbursement of funds appropriated by any act of Congress, and apportioned to the State, for use in connection with school food programs. The Department of Education shall deposit all such funds received from the Federal Government in a special account with the Treasurer of the State who shall make disbursements therefrom upon the direction of the Department of Education.(c) Administration of Program. The Department of Education may enter into such agreements with any agency of the Federal Government, with any board of school directors, or with any other agency or person prescribe such regulations, employ such personnel, and take such other action as it may deem necessary to provide for the establishment, maintenance, operation and expansion of any school food program, and to direct the disbursement of Federal and State funds in accordance with any applicable provisions of Federal or State law. The Department of Education may give technical advice and assistance to any board of school directors in connection with the establishment and operation of any school food program, and may assist in training personnel engaged in the operation of such program. The Department of Education, and any board of school directors, may accept any gift for use in connection with any school food program.(d) Boards of School Directors.(1) Pursuant to any power of boards of school directors to operate or provide for the operation of school food programs in schools under their jurisdiction, boards of school directors may use therefore funds disbursed to them under the provisions of this section, gifts and other funds, received from sale of school food under such programs.(2)(i)Pursuant to subclause (ii), regardless of whether a student has money to pay for a school meal or owes money for school meals, each board of school directors shall establish a requirement for schools under its jurisdiction to provide a school food program meal to a student who requests one, unless the student's parent or guardian has specifically provided written directive to the school to withhold a school meal.(ii) If a student is not eligible for participation in the school food program and owes greater than seventy-five dollars ($75) in a school year for school meals, a school may provide the student with alternative meals instead of school food program meals until the student's unpaid balance for school meals is paid or a payment plan has been established with the school to reduce the unpaid balance.(3) Each board of school directors shall require schools under its jurisdiction to comply with the following when a student owes money for five or more school meals: (i) The school shall make at least two attempts to reach the student's parent or guardian and have the parent or guardian apply for participation in the school food program.(ii) The school shall offer assistance with applying for participation in the school food program. (4) Each board of school directors shall: (i) Require schools under its jurisdiction to direct communications regarding money owed by a student for school meals to the student's parent or guardian and not to the student If the student is enrolled in kindergarten through grade eight. For a student enrolled in grade nine through grade twelve, the board of school directors may require the schools to direct communications regarding a low balance or money owed by a student for school meals to the student if the communications are made individually to the student by appropriate school personnel and are made discreetly. (ii) Permit schools under its jurisdiction to contact the student's parent or guardian by means of a letter addressed to the parent or guardian that is delivered by the student.(5) Each board of school directors shall prohibit schools under its jurisdiction from implementing the following: (i) Publicly identifying or stigmatizing a student who cannot pay for a school meal or who owes money for school meals. It shall not constitute public identification or stigmatization of a student for a school to restrict privileges and activities of students who owe money for school meals if those same restrictions apply to students who owe money for other school-related purposes. It shall not constitute public identification or stigmatization of a student for a school to provide a student with an alternative meal pursuant to subclause (d)(2)(ii).(ii) Requiring a student who cannot pay for a school meal to perform chores or other work to pay for the school meal. This subclause shall not apply if chores or other work are required of all students regardless of the student's inability to pay for the school meal.(iii) Requiring a student or school staff to discard a school meal after it was served to the student due to the student's inability to pay for the school meal or the amount of money owed by the student for earlier school meals. (e) Accounts, Records, Reports and Operations. The Department of Education shall prescribe regulations for the keeping of accounts and records, and the making of reports by, or under the supervision of boards of school directors. Such accounts and records shall at all times be available for inspection and audit by authorized officials, and shall be preserved for such period of time, not in excess of five years, as the Department of Education may lawfully prescribe. The Department of Education shall conduct or cause to be conducted such audits, inspections, and administrative reviews of accounts, records, and operations with respect to school food programs, as may be necessary to determine whether its agreements with boards of school directors, and regulations made pursuant to this section, are being complied with, and to insure that school food programs are effectively administered.(f) [Repealed by 2020 Amendment.]Amended by P.L. TBD 2022 No. 55, § 15, eff. 7/8/2022.Amended by P.L. TBD 2020 No. 30, § 8, eff. 8/4/2020.Amended by P.L. TBD 2019 No. 16, § 7, eff. 8/27/2019.Amended by P.L. TBD 2018 No. 39, § 11, eff. 7/1/2018.Amended by P.L. TBD 2017 No. 55, § 7, eff. 12/6/2017.1949, March 10, P.L. 30, art. XIII, § 1337. Amended 1972, Dec. 6, P.L. 1430, No. 314, § 1.