New Jersey Statutes 18A:33-4. School lunch, availability to all children; report to the Governor, Legislature; rules, regulations
Terms Used In New Jersey Statutes 18A:33-4
- Categorically eligible: means that a student is homeless, is a migrant child, is a runaway child, is a foster child, or is a Head Start child, as defined in 7 C. See New Jersey Statutes 18A:33-3.2
- Department: means the State Department of Education. See New Jersey Statutes 18A:1-1
- District: means a school district. See New Jersey Statutes 18A:1-1
- Federally eligible for free or reduced price meals: means that a student is categorically eligible for free lunch under the National School Lunch Program or for free breakfast under the federal School Breakfast Program, or that the student satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C. See New Jersey Statutes 18A:33-3.2
- Federally ineligible for free or reduced price meals: means that a student is not categorically eligible for, and fails to satisfy federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C. See New Jersey Statutes 18A:33-3.2
- Income-eligible: means that a student either satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C. See New Jersey Statutes 18A:33-3.2
- National School Lunch Program: means the federal reimbursement program established under the "Richard B. See New Jersey Statutes 18A:33-3.2
- School lunch program: means a program that is established and operated by a school district, in accordance with the requirements of the National School Lunch Program and the provisions of section 1 of P. See New Jersey Statutes 18A:33-3.2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Student: means a child 18 years of age or younger who is enrolled at a school in the State. See New Jersey Statutes 18A:33-3.2
(2) School lunches made available pursuant to this section shall meet minimum nutritional standards, established by the Department of Education.
(3) Free or reduced price lunches, as appropriate, shall be offered, under a school lunch program, to each student enrolled in the district who is determined to be federally eligible for free or reduced price meals. As provided by section 1 of P.L.2019, c.445 (C. 18A:33-21.1), any student who is eligible for a reduced price lunch, pursuant to federal income eligibility standards and criteria, shall not be required to pay for such lunch. Free lunches shall also be offered to each student enrolled in the district who is federally ineligible for free or reduced price meals, but who has an annual household income that is not less than 186 percent, and not more than 199 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C. 18A:33-21b1).
b. The State shall provide funding to each school district, as may be necessary to reimburse the costs associated with the district’s provision of free lunches, pursuant to subsection a. of this section, to students who are federally ineligible for free or reduced price meals.
c. The Department of Agriculture, in consultation with the Department of Education, shall annually prepare and submit, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C. 52:14-19.1), to the Legislature, a written report that identifies, for each school and school district in the State:
(1) the methods that are being used by each school or school district to facilitate the prompt identification and subsidized meal certification of students who are categorically eligible or income-eligible for free or reduced price lunch under the National School Lunch Program; and
(2) the number and percentage of income-eligible students from low-income families and from middle-income families, respectively, that are receiving free or reduced price lunches under the National School Lunch Program and the provisions of this section.
d. The Department of Agriculture, in consultation with the Department of Education, shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.), to implement the provisions of this section, including, but not limited to, rules and regulations establishing a schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section.
L.1974, c. 53, s. 1, eff. July 1, 1974; amended 2022, c.104, s.2.