Massachusetts S 2390: An Act to promote student nutrition

Bill Text

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SENATE DOCKET, NO. 2583        FILED ON: 3/19/2018 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2390 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Cynthia Stone Creem 
_________________ 
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General 
 Court assembled: 
 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: 
An Act to promote student nutrition. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS:  
Cynthia Stone Creem First Middlesex and Norfolk  
David Paul Linsky 5th Middlesex 3/26/2018 
Stephan Hay 3rd Worcester 3/26/2018 
Sal N. DiDomenico Middlesex and Suffolk 3/27/2018 
Chris Walsh 6th Middlesex 3/27/2018 
James B. Eldridge Middlesex and Worcester 3/27/2018 
Denise Provost 27th Middlesex 3/27/2018 
Kay Khan 11th Middlesex 3/27/2018 
Patricia D. Jehlen Second Middlesex 3/27/2018 
Carmine L. Gentile 13th Middlesex 3/27/2018 
Andres X. Vargas 3rd Essex 3/27/2018 
Natalie Higgins 4th Worcester 3/28/2018 
James J. O'Day 14th Worcester 3/28/2018 
Kevin G. Honan 17th Suffolk 3/28/2018 
Mike Connolly 26th Middlesex 3/30/2018 
Paul R. Feeney Bristol and Norfolk 4/2/2018 
Jason M. Lewis Fifth Middlesex 4/2/2018 
Walter F. Timilty Norfolk, Bristol and Plymouth 4/2/2018 

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Steven Ultrino 33rd Middlesex 4/2/2018 
Paul McMurtry 11th Norfolk 4/2/2018 
Lori A. Ehrlich 8th Essex 4/6/2018 

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SENATE DOCKET, NO. 2583        FILED ON: 3/19/2018 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2390 
By Ms. Creem, a petition (accompanied by bill, Senate, No. 2390) (subject to Joint Rule 12) of 
Cynthia Stone Creem, David Paul Linsky, Stephan Hay, Sal N. DiDomenico and other members 
of the General Court for legislation to promote student nutrition.  Education. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninetieth General Court 
(2017-2018) 
_______________
 
 
An Act to promote student nutrition. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1: Chapter 71 of the General Laws, as appearing in the 2016 Official Edition, 
2is hereby amended by inserting the following new section: 
3 Section 72A: 
4 (1)  No school or school district personnel or school volunteer may: 
5 (a) Take any action that would publicly identify a student when payment has not been 
6received for a school meal or for meals previously served to the student, or by serving the student 
7an alternative meal; 
8 (b) Require a student or food services staff to dispose of an already served meal 
9because of the student’s inability to pay for the meal or because of money owed for meals 
10previously served to the student; 

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11 (c) Prohibit a student or sibling of a student from attending or participating in 
12extracurricular activities or school events, including graduation, school dances, and sports 
13because of the student’s inability to pay for a school meal or meals previously served to the 
14student or from receiving grades or report cards; 
15 (d) Allow any disciplinary action that is taken against a student to result in the denial 
16or delay of a nutritionally adequate and reimbursable meal to the student; or 
17 (e) Require a parent or guardian to pay fees or costs in excess of the actual amounts 
18owed for meals previously served to the student. 
19 (2) Communications from a school or school district about amounts owed for meals 
20previously served to a student may only be directed to the student’s parent or guardian.  Nothing 
21in this subsection prohibits a school or school district from sending a student home with a 
22notification that is addressed to the student’s parent or guardian. 
23 (3) A school district shall not inform the Department of Children and Families of unpaid 
24debt. 
25 (4) (a) A school district shall notify a parent or guardian of the negative balance of a 
26student’s school meal account no later than ten days after the student’s meal account has reached 
27a negative balance.  Within 30 days of sending this notification, the school district shall exhaust 
28all options to directly certify the student for free or reduced-price meals.  Within these 30 days, 
29while the school district is attempting to certify the student for free or reduced-price meals, the 
30student may not be denied access to a school meal. 

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31 (b) If the school district is unable to directly certify the student for free or reduced-price 
32meals, the school district shall provide the parent or guardian with a paper copy of or an 
33electronic link to an application for free or reduced-price meals with the notification required by 
34(a) of this subsection and encourage the parent or guardian to submit the application.  The school 
35district shall also provide information to the parent or guardian about the availability of