Delaware General Assembly

Lieu/Substituted 5/2/24

The General Assembly has ended, the current status is the final status.

HB 125

4/17/24

S. Moore

Rep. Shupe
Sen. Lockman

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE SCHOOL MEALS.

During the COVID-19 pandemic the U.S. Department of Agriculture eased program restrictions to allow for free breakfast and lunch for all students. With the expiration of U.S. Department of Agriculture waivers on June 30, 2022, Delaware schools participating in the USDA School Breakfast Program and National School Lunch Program were required to return to pre-pandemic policies as they related to free breakfast and lunch meals. At present, some Delaware schools and school districts provide free breakfast and lunch meals for all students because the schools qualify for Community Eligibility Provisions based on the percentage of students from low-income households. These schools are reimbursed by the U.S. Department of Agriculture using a formula. This House Substitute differs from House Bill No. 125 in that it requires all schools to only offer students who qualify for a reduced-price meal a free breakfast and lunch every school day as opposed to all students regardless of whether they qualify for a reduced-price meal. This Substitute bill also requires all schools and local education agencies who qualify, to participate in the federal Community Eligibility Provision. The Department would reimburse all schools for all expenses not reimbursed by the U.S. Department of Agriculture. The amount of reimbursement, by the Department, for each budget year, for each participating school, will be equal to the federal free reimbursable rate multiplied by the total number of eligible meals that the participating school serves during the applicable budget year minus the total amount of reimbursement for eligible meals served that the participating school receives under the School Breakfast Program and National School Lunch Program. This Act takes effect 10 days after publication in the Register of Regulations of the notice by the Controller General that funds have been appropriated to implement this Act beginning with the 2026-2027 school year.

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Takes effect upon being signed into law

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