An Act Forbidding Food Shaming, Food Denial and the Use of Food as Discipline Involving Any Child in Maine's Public Schools
Maine Legislature, Session 128, LD 1684
Committee: Education and Cultural Affairs
Sponsors: MAKER, TUELL, BELLOWS, CARSON, DESCHAMBAULT, LIBBY, MILLETT, PERRY, POULIOT, VACHON

Legislative Document
No. 1684
S.P. 620
In Senate, December 22, 2017
An Act Forbidding Food Shaming, Food Denial and the Use of Food 
as Discipline Involving Any Child in Maine's Public Schools
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 19, 2017.  Referred to the Committee 
on Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator MAKER of Washington.
Cosponsored by Representative TUELL of East Machias and
Senators: BELLOWS of Kennebec, CARSON of Cumberland, DESCHAMBAULT of York, 
LIBBY of Androscoggin, MILLETT of Cumberland, Representatives: PERRY of Calais, 
POULIOT of Augusta, VACHON of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA c. 223, sub-c. 11 is enacted to read:
SUBCHAPTER 11
FOOD RIGHTS
§6681.  Access to food and use of food discipline
This section governs student access to and school use of food, including as a 
disciplinary tool, in public schools.
1.  Serving of reimbursable meals.  A public school that provides free and reduced-
price meals or other meals to students pursuant to subchapter 7 or otherwise provides to 
students meals eligible for reimbursement under a program administered by the United 
States Department of Agriculture shall provide such a meal to a student who requests the 
meal and is otherwise eligible for the meal regardless of the student's inability to pay for 
the school meal or failure in the past to pay for school meals.  The principal, assistant 
principal or guidance counselor of the public school shall contact the parent or guardian 
of a student who requests a meal in accordance with this subsection to offer the parent or 
guardian assistance with any necessary applications.  The principal, assistant principal or 
guidance counselor may also inquire of the parent or guardian if there are other issues 
within the student's household that have caused the student to have insufficient funds to 
purchase school meals and may offer other assistance.
2.  Punishment related to meals.  A public school may not:
A.  Because of a student's inability to pay for a meal or because of any payments due 
for meals served previously to the student, require the student:
(1)  To throw away a meal after it has been served to the student; or
(2)  To undertake chores or work as a means of paying for one or more meals or 
as punishment for not paying for one or more meals; or
B.  Refuse a meal to a student as a form of or as part of a disciplinary action.
3.  Stigmatization.  A public school may not openly identify or otherwise stigmatize 
a student who cannot pay for a meal or who has payments due for previous meals by 
requiring the student to wear a wristband, hand stamp or other identifying mark or sign 
noticeable by others.
4.  Required communications.  A public school's communications about a student's 
meal debts must be made to the parent or guardian of the student rather than to the 
student directly.  A public school may ask a student to carry to the student's parent or 
guardian a letter regarding the student's meal debt.
SUMMARY
This bill does the following.
1.  It requires a public school that provides free and reduced-price meals or other 
meals to students pursuant to the Maine Revised Statutes, Title 20-A, chapter 223, 
subchapter 7 or otherwise provides to students meals eligible for reimbursement under a 
program administered by the United States Department of Agriculture to provide such a 
meal to a student who requests the meal and is otherwise eligible for the meal regardless 
of the student's inability to pay for the school meal or failure in the past to pay for school 
meals. It also requires the school to take certain actions to assist the parent or guardian of 
a student who requests such a meal.
2.  It prohibits a public school from punishing a student in certain ways solely 
because of the student's inability to pay for a meal or because of any payments due for 
previous meals.  It also prohibits a public school from refusing a meal to a student as a 
form of or as part of a disciplinary action.
3.  It prohibits a public school from openly identifying or stigmatizing a student who 
cannot pay for a meal or who has payments due for previous meals by requiring the 
student to wear a wristband, hand stamp or other identifying mark or sign noticeable by 
others.
4.  It requires a public school to communicate about a student's meal debts directly to 
the parent or guardian of the student rather than to the student.  A public school may ask a 
student to carry to the student's parent or guardian a letter regarding a student's meal debt.