[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5167 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5167

  To amend the Richard B. Russell National School Lunch Act to reduce 
    stigma associated with unpaid meal fees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2010

 Mr. Ellison introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
  To amend the Richard B. Russell National School Lunch Act to reduce 
    stigma associated with unpaid meal fees, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``School Meals Stigma Reduction Act''.

SEC. 2. RETROACTIVE REIMBURSEMENT.

    (a) Retroactive Reimbursements.--Section 9(b)(9)(C) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)(C)) is 
amended to read as follows:
                    ``(C) Duration.--
                            ``(i) In general.--Except as otherwise 
                        specified in paragraph (3)(E), (3)(H)(ii), and 
                        section 11(a), eligibility for free or reduced 
                        price meals for any school year shall remain in 
                        effect--
                                    ``(I) beginning on the date of 
                                eligibility approval for the current 
                                school year; and
                                    ``(II) ending on a date during the 
                                subsequent school year determined by 
                                the Secretary.
                            ``(ii) Retroactivity.--A local educational 
                        agency may revise a previously submitted meal 
                        claim to reflect the eligibility approval of a 
                        child for free or reduced price meals for a 
                        period not to exceed a total of 90 days, 
                        beginning not earlier than the first operating 
                        day of the current school year and ending on 
                        the date of eligibility approval for the child 
                        for such school year.''
    (b) Reducing Stigma Associated With Unpaid Meal Fees.--Section 
9(b)(10) of the Richard B. Russell National School Lunch Act (42 U.S.C. 
1758 (b)(10)) is amended to read as follows:
            ``(10) Prohibition on discrimination and prevention of 
        stigma.--
                    ``(A) Overt identification prohibited.--No physical 
                segregation of or other discrimination against any 
                child eligible for a free meal or a reduced price meal 
                under the school lunch program under this Act or the 
                school breakfast program under section 4 of the Child 
                Nutrition Act of 1966 (42 U.S.C. 1773) shall be made by 
                the school nor shall there be any overt identification 
                of any child by special tokens or tickets, announced or 
                published list of names, or by other means.
                    ``(B) Reimbursable meals for eligible children.--
                            ``(i) Children eligible for free meals.--
                        Each child eligible for a free meal shall be 
                        provided the meal that is being provided under 
                        the school lunch program under this Act or the 
                        school breakfast program under section 4 of the 
                        Child Nutrition Act of 1966 (42 U.S.C. 1773) on 
                        any given day, regardless of any unpaid fees.
                            ``(ii) Children eligible for reduced price 
                        meals.--Each child eligible for a reduced-price 
                        meal shall be provided the meal that is being 
                        provided under the school lunch program under 
                        this Act or the school breakfast program under 
                        section 4 of the Child Nutrition Act of 1966 
                        (42 U.S.C. 1773) on any given day, as long as 
                        the child pays the reduced-price meal fee that 
                        day, regardless of any unpaid fees.
                    ``(C) Substitute meal policies for children with 
                unpaid school meal fees.--
                            ``(i) In general.--A local educational 
                        agency that wishes to implement a substitute 
                        meal policy for children with unpaid school 
                        meal fees shall develop a plan described in 
                        clause (ii) to ensure that the policy does not 
                        create stigma with respect to such children.
                            ``(ii) Plan description.--The plan shall be 
                        approved in writing by the applicable State 
                        agency and include an explanation of--
                                    ``(I) how the policy will be 
                                implemented so that stigma is not 
                                created;
                                    ``(II) how staff will be trained to 
                                ensure that the policy is carried out 
                                correctly; and
                                    ``(III) how the affected households 
                                will be provided with assistance in 
                                establishing eligibility for free or 
                                reduced-price school meals.
                    ``(D) Eligibility determination.--For any child who 
                is a member of a household that owes a week or more of 
                fees for meals, a local educational agency shall--
                            ``(i) attempt to directly certify the child 
                        for free meals under paragraph (4) or (5); or
                            ``(ii) in a case where the local 
                        educational agency is not able to directly 
                        certify the child under paragraph (4) or (5), 
                        provide to the household--
                                    ``(I) a household application and 
                                applicable descriptive material; and
                                    ``(II) written and oral 
                                communications to encourage the 
                                household to submit the application.
                    ``(E) Unpaid fees.--The local educational agency 
                may attempt to collect unpaid school meal fees from a 
                household, but the local educational agency shall not--
                            ``(i) take any action directed at a child 
                        who is a member of the household, including 
                        withholding educational opportunities or 
                        stigmatizing the child; or
                            ``(ii) use a debt collector (as such term 
                        is defined in section 803 of the Consumer 
                        Credit Protection Act (15 U.S.C. 1692a)) to 
                        attempt to collect unpaid fees from the 
                        household.''.
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