2023 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; and
iii.  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; or
v. 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; and
i. 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.