Bill Text For SB0074 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 57th Legislature (2019)                |
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 3|SENATE BILL 74                       By: Ikley-Freeman                 |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to schools; providing definitions;              |
  |       requiring schools to provide meal applications in               |
 8|       enrollment packets; directing a school to file meal             |
  |       applications for certain students pursuant to certain           |
 9|       authority; providing certain exemption; requiring               |
  |       schools to provide certain meals to certain students            |
10|       unless certain permission is provided; prohibiting              |
  |       schools from requiring that certain meals be thrown             |
11|       away under certain circumstances; requiring schools             |
  |       to take certain actions if certain amount of school             |
12|       lunch debt has accumulated; requiring schools to make           |
  |       certain referral if certain amount of school lunch              |
13|       debt has accumulated; prohibiting schools from                  |
  |       identifying certain students, requiring certain                 |
14|       students to perform chores, denying participation in            |
  |       certain activities or taking certain disciplinary               |
15|       action under certain circumstances; requiring schools           |
  |       to direct certain communications to parents or legal            |
16|       guardians; directing certain liaison to coordinate              |
  |       with certain division; directing coordination of                |
17|       certain divisions within certain state agencies;                |
  |       providing for codification; providing an effective              |
18|       date; and declaring an emergency.                               |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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22|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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23|in the Oklahoma Statutes as Section 5-147.2 of Title 70, unless        |
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24|there is created a duplication in numbering, reads as follows:         |
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   Req. No. 969                                                    Page 1
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 1|    A.  As used in this section:                                       |
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 2|    1.  "Meal Application" means an application for free or            |
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 3|reduced-price meals pursuant to the National School Lunch Program or   |
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 4|the School Breakfast Program;                                          |
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 5|    2.  "School" means a public school district or charter school      |
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 6|established pursuant to the Oklahoma Charter Schools Act that          |
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 7|participates in the National School Lunch Program or the School        |
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 8|Breakfast Program.                                                     |
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 9|    B.  1.  A school shall provide a meal application in every         |
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10|school enrollment packet, whether printed or in electronic form,       |
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11|with an explanation of the application process.  If a parent or        |
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12|legal guardian cannot read or understand the meal application, the     |
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13|school shall offer assistance in completing the meal application.      |
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14|    2.  If a school becomes aware that a student who has not           |
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15|submitted a meal application is categorically eligible for free or     |
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16|reduced-price meals, the school shall complete and file an             |
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17|application for the student pursuant to 7 CFR 245.6(d).                |
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18|    3.  The provisions of paragraphs 1 and 2 of this subsection        |
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19|shall not apply to any school that provides free meals to all          |
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20|students and does not collect meal applications.                       |
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21|    C.  1.  A school shall provide a United States Department of       |
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22|Agriculture reimbursable meal to a student who requests one, unless    |
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23|the student's parent or legal guardian has specifically provided       |
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24|written permission to the school to withhold a meal.                   |
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   Req. No. 969                                                    Page 2
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 1|    2.  A school shall not require that a student throw away a meal    |
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 2|after it has been served because of the parent or legal guardian's     |
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 3|inability to pay for the meal or because money is owed for previous    |
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 4|meals.                                                                 |
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 5|    D.  If a student's lunch account has accumulated debt in excess    |
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 6|of Thirty Dollars ($30.00), a school shall:                            |
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 7|    1.  Verify whether the student is categorically eligible for       |
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 8|free meals, pursuant to 7 CFR 245.6(d);                                |
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 9|    2.  Make at least two (2) attempts, not including the meal         |
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10|application included in the enrollment packet, to contact the          |
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11|student's parent(s) or legal guardian(s) and provide a meal            |
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12|application; and                                                       |
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13|    3.  Require a principal, counselor or other designated school      |
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14|employee to contact the student's parent(s) or legal guardian(s) to    |
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15|offer assistance with the meal application and offer any other         |
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16|appropriate assistance.                                                |
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17|    E.  If a student's lunch account has accumulated debt in excess    |
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18|of One Hundred Fifty Dollars ($150.00), the school shall make a        |
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19|referral to the Department of Human Services for benefit assistance.   |
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20|    F.  A school shall not:                                            |
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21|    1.  Publicly identify or stigmatize a student whose parent(s) or   |
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22|legal guardian(s) cannot pay for a meal or who has accumulated debt    |
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23|in his or her lunch account;                                           |
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   Req. No. 969                                                    Page 3
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 1|    2.  Require a student whose parent(s) or legal guardian(s)         |
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 2|cannot pay for a meal or who has accumulated debt in his or her        |
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 3|lunch account to do chores or other work to pay for meals, unless      |
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 4|the chores or work are required of all students or are conducted as    |
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 5|part of a school board-approved, work-study program;                   |
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 6|    3.  Deny a student from participating in after-school programs     |
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 7|or other activities due to accumulated debt in his or her lunch        |
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 8|account; and                                                           |
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 9|    4.  Take disciplinary action against a student that results in     |
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10|denying or delaying a student the same meal available to other         |
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11|students.                                                              |
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12|    G.  A school shall direct all communications about accumulated     |
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13|debt in a student's lunch account to the student's parent(s) or        |
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14|legal guardian(s) and not the student.  Nothing in this subsection     |
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15|shall prohibit a school from sending a student home with a letter      |
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16|addressed to the parent(s) or legal guardian(s).                       |
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17|    H.  The liaison required of a school pursuant to the federal       |
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18|McKinney-Vento Homeless Assistance Act shall coordinate with the       |
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19|Child Nutrition Division of the State Department of Education to       |
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20|ensure that students who are homeless receive free school meals and    |
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21|are appropriately coded in the student identification system as        |
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22|required by subsection E of Section 18-200.1 of Title 70 of the        |
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23|Oklahoma Statutes.                                                     |
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   Req. No. 969                                                    Page 4
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 1|    I.  The Child Nutrition Division of the State Department of        |
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 2|Education shall coordinate with the Adult and Family Services          |
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 3|Division of the Department of Human Services to implement the          |
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 4|provisions of this section.                                            |
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 5|    SECTION 2.  This act shall become effective July 1, 2019.          |
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 6|    SECTION 3.  It being immediately necessary for the preservation    |
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 7|of the public peace, health or safety, an emergency is hereby          |
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 8|declared to exist, by reason whereof this act shall take effect and    |
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 9|be in full force from and after its passage and approval.              |
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11|    57-1-969       EB        12/19/2018 3:50:56 PM                     |
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   Req. No. 969                                                    Page 5
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