NY Educ L § 908 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 19 - Medical and Health Service 908 - Prohibition Against Meal Shaming.

§  908. Prohibition against meal shaming. All public school districts,   charter schools and non-public schools in the state that participate  in   the  national  school lunch program or school breakfast program in which   there is a school at which all pupils are  not  eligible  to  be  served   breakfast  and  lunch  under  the  community  eligibility  provision  or   provision two of the federal national school lunch act, 42  U.S.C.  Sec.   1751  et  seq., shall develop a plan to ensure that a pupil whose parent   or guardian has unpaid  school  meal  fees  is  not  shamed  or  treated   differently  than  a pupil whose parent or guardian does not have unpaid   school meal fees. The plan shall be submitted  to  the  commissioner  by   July first, two thousand eighteen, or sixty days from the effective date   of  this  section after enactment in conformance with regulations of the   commissioner. After submission  of  such  plan,  the  school  or  school   district  shall  adopt  and post the plan on its website. The plan shall   include, but not be limited to, the following elements:a. A statement that the school or school district  shall  provide  the   student  with  the  student's  meal of choice for that school day of the   available reimbursable meal choices for such school day, if the  student   requests  one,  unless the student's parent or guardian has specifically   provided written permission to the school to withhold a  meal,  provided   that  the  school  or  school district shall only be required to provide   access to reimbursable meals, not a la  carte  items,  adult  meals,  or   other similar items;b.  An  explanation  of  how  staff will be trained to ensure that the   school or school district's procedures are carried out correctly and how   the affected parents and guardians will be provided with  assistance  in   establishing  eligibility  for  free  or  reduced-price  meals for their   children;c. Procedures requiring the school or school district  to  notify  the   student's  parent  or  guardian  that the student's meal card or account   balance is exhausted and unpaid meal charges are due.  The  notification   procedures  may  include  a repayment schedule, but the school or school   district may not charge any interest or  fees  in  connection  with  any   meals charged;d.  A  communication  procedure  designed to support eligible families   enrolling in the national free and  reduced  price  meal  program.  Such   communication  procedures  shall  also include a process for determining   eligibility when a student owes money for five or  more  meals,  wherein   the school or school district shall:i.  make every attempt to determine if a student is directly certified   to be eligible for free meals;ii. make at least two  attempts,  not  including  the  application  or   instructions  included  in  a  school  enrollment  packet,  to reach the   student's parent or guardian and have the parent or guardian fill out  a   meal application; andiii.  require  a  school  or  school district to contact the parent or   guardian to offer assistance with a meal application, determine if there   are other issues within the household that have caused the child to have   insufficient funds to  purchase  a  school  meal  and  offer  any  other   assistance that is appropriate;e.  A  clear  explanation  of  procedures designed to decrease student   distress or embarrassment, provided that, no school or  school  district   shall:i. publicly identify or stigmatize a student who cannot pay for a meal   or  who  owes  a  meal  debt by any means including, but not limited to,   requiring that a student wear a wristband or hand stamp;ii. require a student who cannot pay for a meal or  who  owes  a  meal   debt to do chores or other work to pay for meals; iii. require that a student throw away a meal after it has been served   because  of the student's inability to pay for the meal or because money   is owed for earlier meals;iv.  take any action directed at a pupil to collect unpaid school meal   fees. A school or school district may attempt to collect  unpaid  school   meal  fees from a student's parent or guardian, but shall not use a debt   collector, as defined in section eight  hundred  three  of  the  federal   consumer  credit  protection act, 15 U.S.C. Sec. 1692a or file a lawsuit   against such student's parent or guardian; orv. discuss  any  outstanding  meal  debt  in  the  presence  of  other   students;f. A clear explanation of the procedure to handle unpaid meal charges,   provided  that  nothing  in  this  section  is intended to allow for the   unlimited accrual of debt;g. Procedures to enroll in the free and reduced price  lunch  program,   provided  that  such  procedures shall include that, at the beginning of   each school year, a school or school  district  shall  provide  a  free,   printed  meal  application  in every school enrollment packet, or if the   school or school district chooses to use an electronic meal application,   provide in school enrollment packets an explanation  of  the  electronic   meal  application  process and instructions for how parents or guardians   may request a paper application at no cost;h. If a school or school district becomes aware that a student who has   not submitted a meal application is eligible  for  free  or  reduced-fee   meals,  the  school  or  school  district  shall  complete  and  file an   application for the student pursuant to title seven, section 245.6(d) of   the code of federal regulations; andi. School liaisons required for homeless, foster, and migrant students   shall coordinate  with  the  nutrition  department  to  make  sure  such   students receive free school meals, in accordance with federal law.