Mass. Gen. Laws ch. 71, sec. 72A — MA Code / Part I / Title XII / Chapter 71 / Section 72A
Implementation the federal community eligibility provision; waiver; training; certification of students for free school meal status
Status: in_force

Section 72A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Federal community eligibility provision'', as described in 7 C.F.R. 245.9(f). ''Identified student percentage'', as defined in 7 C.F.R. 245.9(f)(1)(iii). ''Provision 2'', as described in 7 C.F.R. 245.9(b). (b)(1) A school district or individual school with an identified student percentage that is not less than 60 per cent shall elect and implement the federal community eligibility provision or provision 2 to provide universal free school breakfast and lunch to all students. This paragraph may be waived by the department if a school district or individual school is able to justify to the department that implementation will result in financial hardship to the school district or individual school. (2) A school district or an individual school with an identified student percentage that is not less than 50 per cent but less than 60 per cent shall elect and implement the federal community eligibility provision or provision 2 to provide universal free school breakfast and lunch to all students unless: (i) the school committee for the school district or individual school votes, not later than June 1 of the first year of eligibility, to decline to participate in either the federal community eligibility provision or provision 2; or (ii) the department determines that the school district or individual school no longer has the qualifying identified student percentage. This paragraph may be waived by the department if a school district or an individual school is able to justify to the department that implementation will result in financial hardship to the school district or individual school. (3) A school nutrition director or their designee shall attend at least 1 training by the department to learn about the federal community eligibility provision and other federal options that may be available to a school district or an individual school before a school committee vote or determination by the department pursuant to paragraph (1) or paragraph (2). (c) A school district that participates in the national school lunch program shall take steps to maximize federal revenues and minimize debt on families under a protocol determined by the department that promotes the certification of students for free school meal status. The department shall assist school districts with improving the direct certification process and reducing administrative burdens on school districts. The department shall consult with representatives from the School Nutrition Association of Massachusetts, Inc. and relevant stakeholders to promote best practices to maximize federal revenues.

Section 72A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

''Federal community eligibility provision'', as described in 7 C.F.R. 245.9(f).

''Identified student percentage'', as defined in 7 C.F.R. 245.9(f)(1)(iii).

''Provision 2'', as described in 7 C.F.R. 245.9(b).

(b)(1) A school district or individual school with an identified student percentage that is not less than 60 per cent shall elect and implement the federal community eligibility provision or provision 2 to provide universal free school breakfast and lunch to all students. This paragraph may be waived by the department if a school district or individual school is able to justify to the department that implementation will result in financial hardship to the school district or individual school.

(2) A school district or an individual school with an identified student percentage that is not less than 50 per cent but less than 60 per cent shall elect and implement the federal community eligibility provision or provision 2 to provide universal free school breakfast and lunch to all students unless: (i) the school committee for the school district or individual school votes, not later than June 1 of the first year of eligibility, to decline to participate in either the federal community eligibility provision or provision 2; or (ii) the department determines that the school district or individual school no longer has the qualifying identified student percentage. This paragraph may be waived by the department if a school district or an individual school is able to justify to the department that implementation will result in financial hardship to the school district or individual school.

(3) A school nutrition director or their designee shall attend at least 1 training by the department to learn about the federal community eligibility provision and other federal options that may be available to a school district or an individual school before a school committee vote or determination by the department pursuant to paragraph (1) or paragraph (2).

(c) A school district that participates in the national school lunch program shall take steps to maximize federal revenues and minimize debt on families under a protocol determined by the department that promotes the certification of students for free school meal status. The department shall assist school districts with improving the direct certification process and reducing administrative burdens on school districts. The department shall consult with representatives from the School Nutrition Association of Massachusetts, Inc. and relevant stakeholders to promote best practices to maximize federal revenues.