SB 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 an interfund transfer and an appropriation.

PRINTER'S NO.   821

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 180
                                               Session of
                                                 2025

     INTRODUCED BY L. WILLIAMS, SCHWANK, STREET, COMITTA, FONTANA,
        SAVAL, HUGHES, KEARNEY, COLLETT, TARTAGLIONE, COSTA, HAYWOOD,
        KANE, MUTH, FLYNN AND CAPPELLETTI, MAY 22, 2025

     REFERRED TO EDUCATION, MAY 22, 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 an
10      interfund transfer and an appropriation.
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--["school food
18   program" means a program under which food is served by any
19   school on a nonprofit basis to children in attendance, including
20   any such program under which a school receives assistance out of
21   funds appropriated by the Congress of the United States.]
 1      "School food program" means a program under which food is
 2   served by a school on a nonprofit basis to children in
 3   attendance, including a program under which a school receives
 4   assistance out of money appropriated by the Congress of the
 5   United States.
 6      "School meal" means a meal that meets the requirements
 7   established under 7 CFR 210 (relating to National School Lunch
 8   Program) or 220 (relating to School Breakfast Program).
 9      * * *
10      (c)   Administration of Program. The Department of Education
11   may enter into such agreements with any agency of the Federal
12   Government, with any board of school directors, or with any
13   other agency or person prescribe such regulations, employ such
14   personnel, and take such other action as it may deem necessary
15   to provide for the establishment, maintenance, operation and
16   expansion of any school food program, and to direct the
17   disbursement of Federal and State funds in accordance with any
18   applicable provisions of Federal or State law. The Department of
19   Education may give technical advice and assistance to any board
20   of school directors in connection with the establishment and
21   operation of any school food program, and may assist in training
22   personnel engaged in the operation of such program. [The
23   Department of Education, and any board of school directors, may
24   accept any gift for use in connection with any school food
25   program.]
26      (d)   Boards of School Directors.
27      (1)   Pursuant to any power of boards of school directors to
28   operate or provide for the operation of school food programs in
29   schools under their jurisdiction, boards of school directors may
30   use therefore funds disbursed to them under the provisions of

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

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

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 1   to pay for the school meal.
 2      (iii)    Requiring a student or school staff to discard a
 3   school meal after it was served to the student due to the
 4   student's [inability] ability to pay for the school meal or the
 5   amount of money owed by the student for earlier school meals.
 6      (iv)    Penalizing a student with detention, in-school
 7   suspension or out-of-school suspension for eating a school meal
 8   for which the student could not pay.
 9      (v)    Denying a student the opportunity to participate in
10   curricular or extracurricular activities or graduation or to
11   receive a diploma or withhold a grade report as a result of
12   outstanding school meal debt.
13      (vi)    Using collections agencies to threaten or damage the
14   credit score of a parent or guardian to recover school meal
15   debt.
16      (vii)    Applying interest, fees or other penalties to
17   outstanding school meal debt.
18      (viii)     Filing legal action against a student, parent or
19   guardian to recover outstanding school meal debt.
20      (ix)    Filing one or more criminal charges against a student,
21   parent or guardian to recover outstanding school meal debt.
22      (x)    Reporting a student or student's parent or guardian to a
23   county children and youth agency for outstanding meal debt.
24      (xi)    Using the nonprofit food service account to pay for the
25   student debt.
26      (xii)    Refusing to provide the signature of an issuing
27   officer for a completed application for a work permit under the
28   act of October 24, 2012 (P.L.1209, No.151), known as the "Child
29   Labor Act."
30      (xiii)     Refusing to provide any material, including a letter

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 1   of recommendation, requested by a student, or a parent or
 2   guardian of a student, for the student's application for
 3   postsecondary education, training, volunteer work or military
 4   service.
 5         * * *
 6         Section 2.   Section 1337.1(c.2) of the act is repealed:
 7         Section 1337.1.   School Lunch and Breakfast Reimbursement.--*
 8   * *
 9         [(c.2)   To the extent funds are available, the department
10   shall provide State reimbursement to schools that participate in
11   the National School Lunch Program and the National School
12   Breakfast Program for the difference between the reimbursement
13   rate for a free lunch and a reduced price lunch and the
14   difference between the reimbursement rate for a free breakfast
15   and a reduced price breakfast or paid breakfast.]
16         * * *
17         Section 3.   The act is amended by adding a section to read:
18         Section 1337.2.   Universal School Meal Program.--(a)   The
19   Universal School Meal Program is established with the goal to
20   provide two free meals each school day, as permitted by Federal
21   regulations, to each student of a school regardless of the
22   household income of the student.
23         (b)   The purposes of the program are to:
24         (1)   Further the principle that no child should experience
25   hunger.
26         (2)   Provide that each student of a school benefit from
27   healthy meals and have the nourishment needed to achieve
28   academic success, free from stigma or stress.
29         (c)   Each school that participates in the School Breakfast
30   Program shall provide to each enrolled student of the school a

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 1   meal that meets the requirements of the School Breakfast Program
 2   during each school day that the student is in attendance, at no
 3   cost, without consideration of the student's eligibility for a
 4   federally funded free meal, reduced-price meal or paid meal,
 5   with a maximum of one free meal per student for each meal
 6   service.
 7      (d)     Each school that participates in the National School
 8   Lunch Program shall provide to each enrolled student of the
 9   school a meal that meets the requirements of the National School
10   Lunch Program during each school day that the student is in
11   attendance, at no cost, without consideration of the student's
12   eligibility for a federally funded free meal, reduced-price meal
13   or paid meal, with a maximum of one free meal per student for
14   each meal service.
15      (e)     If an additional snack or other food is offered by the
16   school that is not included in the free meal or breakfast,
17   students may be required to pay for the additional snack or
18   other food unless the school provides the additional snack or
19   other food at no charge using non-Federal money, except as
20   permitted under 7 CFR 210 (relating to National School Lunch
21   Program) or 220 (relating to School Breakfast Program).
22      (f)     (1)   The department shall administer the program and
23   develop guidance and monitoring requirements as it deems
24   necessary to implement this section.
25      (2)     The department may, in the manner provided by law,
26   promulgate regulations as necessary to carry out the provisions
27   of this section.
28      (3)     For the purpose of carrying out this section and subject
29   to the availability of money under this section, the department
30   may use up to three and five tenths per centum (3.5%) of

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 1   appropriated money that it receives for administrative purposes.
 2      (g)     Each school shall report to the department regarding the
 3   program, in accordance with 7 CFR 210, 220 and 245 (relating to
 4   determining eligibility for free and reduced price meals and
 5   free milk in schools).
 6      (h)     The department shall monitor public school entities that
 7   receive State reimbursement in accordance with 7 CFR 210, 220
 8   and 245.
 9      (i)     (1)   As a condition for receiving State reimbursement as
10   described in this section, each school shall maximize the amount
11   of Federal reimbursement available through the National School
12   Lunch Program and the School Breakfast Program of the United
13   States Department of Agriculture for any school building that
14   qualifies for and participates in the community eligibility
15   provision.
16      (2)     Schools ineligible for the community eligibility
17   provision shall make all reasonable efforts to promote and
18   collect household applications for students who are not
19   categorically eligible for free meals or directly certified for
20   free or reduced price meals.
21      (j)     To the extent money is available, the department shall
22   provide State reimbursement to schools equal to the sum of the
23   difference between the Federal free and paid reimbursement rates
24   plus the difference between the reduced-price and the paid
25   reimbursement rates under the National School Lunch Program and
26   the School Breakfast Program.
27      (k)     (1)   The department shall distribute State reimbursement
28   under this section to schools.
29      (2)     The department shall not be required to distribute State
30   reimbursement under this section to public school entities if

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 1   the United States Department of Agriculture provides a full
 2   reimbursement for meals from the National School Lunch Program
 3   and the School Breakfast Program.
 4      (l)   (1)   To the extent possible, each school shall provide a
 5   meal in which the cost of the meal is equal to or less than the
 6   Federal reimbursement rate for a free meal during any given
 7   school year, as determined annually by the United States
 8   Department of Agriculture.
 9      (2)   A school shall only receive State reimbursement from the
10   department up to the Federal free reimbursement rate under
11   clause (j). The school shall be responsible for any additional
12   costs if the cost per meal is more than the amount set by the
13   Federal free reimbursement rate.
14      (m)   The Universal School Meal Fund is established in the
15   State Treasury. The following apply to operations of the fund:
16      (1)   All money deposited into the fund and the interest that
17   the money accrues are appropriated to the department on a
18   continuing basis to provide State reimbursement to public school
19   entities under the program.
20      (2)   No administrative action shall prevent the deposit of
21   money into the fund in each fiscal year.
22      (3)   The fund may only be used for the program.
23      (4)   No money in the fund shall be transferred or diverted to
24   any other purpose by administrative action.
25      (5)   Money available to the fund shall include appropriations
26   and transfers from the General Fund, the Budget Stabilization
27   Reserve Fund, special funds, Federal funds and other sources of
28   revenue made available to the fund.
29      (6)   Within 30 days of the effective date of this paragraph,
30   no less than the sum of three hundred sixty million dollars

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 1   ($360,000,000) shall be transferred from the General Fund to the
 2   fund.
 3      (n)   The sum of twenty-five million dollars ($25,000,000) is
 4   appropriated from the General Fund to the department to provide
 5   payments to public school entities in an amount necessary to
 6   reimburse the cost of discharging outstanding student meal debt.
 7      (o)   The department shall develop procedures to allocate and
 8   disburse, beginning in the 2025-2026 school year, the money
 9   appropriated under subsection (n) to public school entities.
10      (p)   If the amount appropriated under subsection (n) is
11   insufficient to fully reimburse the cost of discharging
12   outstanding student meal debt, the department shall develop
13   procedures for how to equitably prorate the reimbursements to
14   public school entities.
15      (q)   The following words and phrases when used in this
16   section shall have the meanings given to them in this subsection
17   unless the context clearly indicates otherwise:
18      "Breakfast."    A meal that meets the meal requirements
19   specified in 7 CFR 220.
20      "Community eligibility provision."     As described in 7 CFR
21   645.
22      "Department."    The Department of Education of the
23   Commonwealth.
24      "Fund."    The Universal School Meal Fund established in
25   subsection (m).
26      "Lunch."     A meal that meets the meal requirements specified
27   in 7 CFR 210.
28      "Meal service period."    A time reserved for meals in a school
29   day in accordance with 7 CFR 210 and 220.
30      "National School Lunch Program."      As defined in 7 CFR 210.2

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1   (relating to definitions).
2      "Program."     The Universal School Meal Program established in
3   subsection (a).
4      "School Breakfast Program."     As defined in 7 CFR 220.2
5   (relating to definitions).
6      Section 4.     This act shall take effect September 1, 2025, or
7   immediately, whichever is later.




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