HB 180 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in pupils and attendance, further providing for Nonprofit School Food Program, repealing provisions relating to school lunch and breakfast reimbursement and establishing the Universal School Meal Program and the Universal School Meal Fund; and making appropriations.

PRINTER'S NO.   1796

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 180
                                               Session of
                                                 2025

     INTRODUCED BY KINKEAD, KHAN, DAVIDSON, ISAACSON, WAXMAN,
        SANCHEZ, PROBST, McNEILL, GUENST, BURGOS, HOWARD, CARROLL,
        MADDEN, BRENNAN, D. MILLER, HOHENSTEIN, PIELLI, DEASY,
        FIEDLER, DOUGHERTY, HANBIDGE, HILL-EVANS, MERSKI, OTTEN,
        RABB, HADDOCK, MAYES, BOYD, CURRY, CERRATO, PARKER, RIVERA,
        D. WILLIAMS, WARREN, INGLIS, STEELE AND SCOTT, JUNE 2, 2025

     REFERRED TO COMMITTEE ON EDUCATION, JUNE 2, 2025


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in pupils and attendance, further
 6      providing for Nonprofit School Food Program, repealing
 7      provisions relating to school lunch and breakfast
 8      reimbursement and establishing the Universal School Meal
 9      Program and the Universal School Meal Fund; and making
10      appropriations.
11      The General Assembly of the Commonwealth of Pennsylvania
12   hereby enacts as follows:
13      Section 1.    Section 1337(a), (c) and (d) of the act of March
14   10, 1949 (P.L.30, No.14), known as the Public School Code of
15   1949, are amended to read:
16      Section 1337.    Nonprofit School Food Program.--(a)
17   Definitions. For the purpose of this section[--
18      "school]:
19      "School food program" means a program under which food
20   served by any school on a nonprofit basis to children in
 1   attendance, including any such program under which a school
 2   receives assistance out of funds appropriated by the Congress of
 3   the United States.
 4      "School meal" means a meal that meets requirements
 5   established under 7 CFR Pt. 210 (relating to national school
 6   lunch program) and/or 7 CFR Pt. 220 (relating to school
 7   breakfast program).
 8      * * *
 9      (c)   Administration of Program. The Department of Education
10   may enter into such agreements with any agency of the Federal
11   Government, with any board of school directors, or with any
12   other agency or person prescribe such regulations, employ such
13   personnel, and take such other action as it may deem necessary
14   to provide for the establishment, maintenance, operation and
15   expansion of any school food program, and to direct the
16   disbursement of Federal and State funds in accordance with any
17   applicable provisions of Federal or State law. The Department of
18   Education may give technical advice and assistance to any board
19   of school directors in connection with the establishment and
20   operation of any school food program, and may assist in training
21   personnel engaged in the operation of such program. [The
22   Department of Education, and any board of school directors, may
23   accept any gift for use in connection with any school food
24   program.]
25      (d)   Boards of School Directors.
26      (1)   Pursuant to any power of boards of school directors to
27   operate or provide for the operation of school food programs in
28   schools under their jurisdiction, boards of school directors may
29   use therefore funds disbursed to them under the provisions of
30   this section, [gifts] and other funds, received from sale of

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 1   school food under such programs.
 2      (2)    [(i)   Pursuant to subclause (ii), regardless] Regardless
 3   of whether a student has money to pay for a school meal or owes
 4   money for school meals, each board of school directors shall
 5   establish a requirement for schools under its jurisdiction to
 6   provide a school food program meal to a student who requests
 7   one, unless the student's parent or guardian has specifically
 8   provided written directive to the school to withhold a school
 9   meal.
10      [(ii)    If a student is not eligible for participation in the
11   school food program and owes greater than seventy-five dollars
12   ($75) in a school year for school meals, a school may provide
13   the student with alternative meals instead of school food
14   program meals until the student's unpaid balance for school
15   meals is paid or a payment plan has been established with the
16   school to reduce the unpaid balance.]
17      (3)    Each board of school directors shall require schools
18   under its jurisdiction to comply with the following when a
19   student owes money for five or more school meals:
20      (i)    The school shall make at least two attempts to reach the
21   student's parent or guardian and have the parent or guardian
22   apply for participation in the school food program.
23      (ii)    The school shall offer assistance with applying for
24   participation in the school food program.
25      (iii)    The school shall provide the parent or guardian with
26   information on resources for applying for social service
27   assistance programs.
28      (4)    Each board of school directors shall[:
29      (i)    Require] require schools under its jurisdiction to
30   direct communications regarding money owed by a student for

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 1   school meals to the student's parent or guardian and not to the
 2   student. [if the student is enrolled in grades kindergarten
 3   through eight. For a student enrolled in grades nine through
 4   twelve, the board of school directors may require the schools to
 5   direct communications regarding a low balance or money owed by a
 6   student for school meals to the student if the communications
 7   are made individually to the student by appropriate school
 8   personnel and are made discreetly.
 9      (ii)    Permit schools under its jurisdiction to contact the
10   student's parent or guardian by means of a letter addressed to
11   the parent or guardian that is delivered by the student.]
12      (5)    Each board of school directors shall prohibit schools
13   under its jurisdiction from implementing the following:
14      (i)    Publicly identifying or stigmatizing a student who
15   cannot pay for a school meal or who owes money for school
16   [meals. It shall not constitute public identification or
17   stigmatization of a student for a school to restrict privileges
18   and activities of students who owe money for school meals if
19   those same restrictions apply to students who owe money for
20   other school-related purposes. It shall not constitute public
21   identification or stigmatization of a student for a school to
22   provide a student with an alternative meal pursuant to clause
23   (2)(ii).] meals, including serving a student an alternative meal
24   or requiring a student to wear a wristband, hand stamp or other
25   article identifying the student as having school meal debt.
26      (ii)    Requiring a student who cannot pay for a school meal to
27   perform chores or other work to pay for the school meal. This
28   subclause shall not apply if chores or other work are required
29   of all students regardless of the student's [inability] ability
30   to pay for the school meal.

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 1      (iii)    Requiring a student or school staff to discard a
 2   school meal after it was served to the student due to the
 3   student's [inability] ability to pay for the school meal or the
 4   amount of money owed by the student for earlier school meals.
 5      (iv)    Penalizing a student with detention, in-school
 6   suspension or out-of-school suspension for eating a school meal
 7   for which the student could not pay.
 8      (v)    Denying a student the opportunity to participate in
 9   curricular or extracurricular activities or graduation or to
10   receive a diploma or withhold a grade report as a result of
11   outstanding school meal debt.
12      (vi)    Using collections agencies to threaten or damage the
13   credit score of a parent or guardian to recover school meal
14   debt.
15      (vii)    Applying interest, fees or other penalties to
16   outstanding school meal debt.
17      (viii)    Filing legal action against a student, parent or
18   guardian to recover outstanding school meal debt.
19      (ix)    Filing one or more criminal charges against a student,
20   parent or guardian to recover outstanding school meal debt.
21      (x)    Reporting a student or student's parent or guardian to
22   the county children and youth agency for outstanding meal debt.
23      (xi)    Using the nonprofit food service account to pay for the
24   student debt.
25      (xii)    Refusing to provide the signature of an issuing
26   officer for a completed application for a work permit under 29
27   U.S.C. § 212 (relating to child labor provisions).
28      (xiii)    Refusing to provide any material, including, but not
29   limited to, a letter of recommendation, requested by a student,
30   parent or guardian for the student's application for

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 1   postsecondary education, training, volunteer or military
 2   service.
 3         * * *
 4         Section 2.   Section 1337.1(c.2) of the act is repealed:
 5         Section 1337.1.    School Lunch and Breakfast Reimbursement.--*
 6   * *
 7         [(c.2)    To the extent funds are available, the department
 8   shall provide State reimbursement to schools that participate in
 9   the National School Lunch Program and the National School
10   Breakfast Program for the difference between the reimbursement
11   rate for a free lunch and a reduced price lunch and the
12   difference between the reimbursement rate for a free breakfast
13   and a reduced price breakfast or paid breakfast.]
14         * * *
15         Section 3.   The act is amended by adding a section to read:
16         Section 1337.2.    Universal School Meal Program.--(a)    The
17   following words and phrases when used in this article shall have
18   the meanings given to them in this section unless the context
19   clearly indicates otherwise:
20         "Breakfast."    A meal that meets the meal requirements
21   specified in 7 CFR Pt. 220 (relating to school breakfast
22   program).
23         "Community Eligibility Provision."    As defined in 7 CFR Pt.
24   245 (relating to determining eligibility for free and reduced
25   price meals and free milk in schools).
26         "Department."   The Department of Education of the
27   Commonwealth.
28         "Fund."    The Universal School Meal Fund established in
29   subsection (h).
30         "Lunch."   A meal that meets the meal requirements specified

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 1   in 7 CFR Pt. 210 (relating to national school lunch program).
 2      "Meal service period."     A time reserved for meals in a school
 3   day in accordance with 7 CFR Pts. 210 and 220.
 4      "National School Lunch Program."     As defined in 7 CFR 210.2
 5   (relating to definitions).
 6      "Program."     The Universal School Meal Program established in
 7   subsection (b).
 8      "School Breakfast Program."     As defined in 7 CFR 220.2
 9   (relating to definitions).
10      (b)    (1)   The Universal School Meal Program is established
11   with the goal to provide two free meals each school day as
12   permitted by Federal regulations to each student of a school
13   regardless of the household income of the student.
14      (2)    The purposes of the program are to:
15      (i)    Further the principle that no child should experience
16   hunger.
17      (ii)    Provide that each student of a school benefit from
18   healthy meals and have the nourishment needed to achieve
19   academic success, free from stigma or stress.
20      (3)    Each school that participates in the School Breakfast
21   Program shall provide all enrolled students of the school a meal
22   that meets the requirements of the School Breakfast Program
23   during each school day the student is in attendance at no cost,
24   without consideration of the student's eligibility for a
25   federally funded free, reduced-price, or paid meal, with a
26   maximum of one free meal per student for each meal service
27   period.
28      (4)    Each school that participates in the National School
29   Lunch Program shall provide all enrolled students of the school
30   a meal that meets the requirements of the National School Lunch

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 1   Program during each school day the student is in attendance at
 2   no cost, without consideration of the student's eligibility for
 3   a federally funded free, reduced-price, or paid meal, with a
 4   maximum of one free meal per student for each meal service
 5   period.
 6      (5)    If an additional snack or other food is offered by the
 7   school that is not included in the free lunch or breakfast
 8   students may be required to pay for the additional snack or
 9   other food unless the school provides the additional snack or
10   other food at no charge using non-Federal funds except where
11   allowed under 7 CFR Pts. 210 and 220.
12      (c)    (1)   The department shall administer this program and
13   develop guidance and monitoring requirements as it deems
14   necessary to implement this section.
15      (2)    The department may, in the manner provided by law,
16   promulgate regulations as necessary to carry out the provisions
17   of this section.
18      (3)    For the purposes of carrying out this section and
19   subject to the availability of funds in subsection (g), the
20   department may use up to three and one-half per centum (3.5%) of
21   appropriated money it receives for administrative purposes.
22      (d)    (1)   Each school shall report to the department
23   regarding the program in accordance with 7 CFR Pts. 210, 220 and
24   245.
25      (2)    The department shall monitor schools that receive State
26   reimbursement in accordance with 7 CFR Pts. 210, 220 and 245.
27      (e)    (1)   As a condition for receiving State reimbursement as
28   described in this section, each school shall maximize the amount
29   of Federal reimbursement available through the National School
30   Lunch Program and the School Breakfast Program of the United

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 1   States Department of Agriculture for each school which qualifies
 2   and participates in the Community Eligibility Provision.
 3      (2)   Schools ineligible for the Community Eligibility
 4   Provision must make all reasonable efforts to promote and
 5   collect household applications for students that are not
 6   categorically eligible for free meals or directly certified for
 7   free or reduced price meals.
 8      (3)   To the extent funds are available, the department shall
 9   provide State reimbursement to schools equal to the sum of the
10   difference between the Federal free and paid reimbursement rates
11   plus the difference between the reduced-price and the paid
12   reimbursement rates under the National School Lunch Program and
13   the School Breakfast Program.
14      (f)   (1)   The department shall distribute State reimbursement
15   under this section to schools.
16      (2)   The department shall not be required to distribute State
17   reimbursement under this section to schools if the United States
18   Department of Agriculture provides a full reimbursement for
19   meals from the National School Lunch Program and the School
20   Breakfast Program.
21      (g)   (1)   To the extent possible, each school shall provide a
22   meal in which the cost of the meal is equal to or less than the
23   Federal free reimbursement rate during any given school year, as
24   determined annually by the United States Department of
25   Agriculture.
26      (2)   A school shall only receive State reimbursement from the
27   department up to the Federal free reimbursement rate under
28   subsection (e)(3). The school shall be responsible for any
29   additional costs if the cost per meal is more than the amount
30   set by the Federal free reimbursement rate.

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 1      (h)    (1)   The Universal School Meal Fund is established as a
 2   nonlapsing fund in the State Treasury.
 3      (2)    (i)   All money deposited into the fund and the interest
 4   that the money accrues are appropriated to the department on a
 5   continuing basis to provide State reimbursement to schools under
 6   the program.
 7      (ii)    No administrative action shall prevent the deposit of
 8   money into the fund in each fiscal year.
 9      (3)    (i)   The fund may only be used for the program and the
10   appropriation shall not lapse at the end of any fiscal year.
11      (ii)    No money in the fund shall be transferred or diverted
12   to any other purpose by administrative action.
13      (4)    Money available to the fund shall include appropriations
14   and transfers from the General Fund, the Budget Stabilization
15   Reserve Fund, special funds, Federal funds and other sources of
16   revenue made available to the fund.
17      (i)    This act shall apply to the 2025-2026 school year and
18   each school year thereafter.
19      Section 4.    This act shall take effect immediately.




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