I 111th CONGRESS 2d Session H. R. 5167 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.

1.

Short title

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

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. .