N.Y. Education Law § 915-a: Universal free school meals

§ 915-a. Universal free school meals. 1. The department shall require

all school districts, charter schools and non-public schools in the

state that participate in the national school lunch program or school

breakfast program as provided in the Richard B. Russell National School

Lunch Act and the Child Nutrition Act, as amended, to serve breakfast

and lunch at no cost to the student. School districts, charter schools

and non-public schools shall maximize federal reimbursement for school

breakfast and lunch programs by adopting Provision 2, the federal

Community Eligibility Provision, or any other provision under such Act,

the National School Lunch Act or the National Child Nutrition Act that,

in the opinion of the department, maximizes federal funding for meals

served in such programs. Provided that school food authorities that do

not qualify as a single entity to participate in the community

eligibility provision shall be required to group schools within the

school food authority, to the extent possible, for purposes of

maximizing participation in the community eligibility provision, and

provided further that school food authorities shall reapply annually for

the community eligibility provision program in the event that doing so

would result in a higher percentage of meals being reimbursed at the

federal reimbursement rate for a free meal.

2. Notwithstanding any provision of law, rule or regulation to the

contrary, for the two thousand twenty-five--two thousand twenty-six

school year and each school year thereafter, for each breakfast and

lunch meal served, the department shall reimburse the school food

authority the difference between (a) the combined state and federal

reimbursement rate for a reduced-price or paid meal, respectively, for

the current school year and (b) the combined state and federal

reimbursement rate for a free meal for the current school year, provided

that the total reimbursement rate for each meal served shall equal the

combined state and federal reimbursement rate for a free meal for the

current school year.

3. The department, in consultation with the office of temporary and

disability assistance, shall promulgate any rule or regulation needed

for school districts, charter schools and non-public schools to promote

the supplemental nutrition assistance program to a student or person in

parental relation to a student by providing either application

assistance or a direct referral to an outreach partner identified to the

department by the office of temporary and disability assistance to

maximize the number of students directly certified for free school

meals.

4. In addition to fulfilling any other applicable state and federal

requirements, the department shall provide technical assistance to

assist school districts, charter schools, and non-public schools in the

transition to universal school meals to ensure successful program

operations and to maximize federal funding, including but not limited to

the following:

(a) Assisting school food authorities with one or more schools

qualifying for the community eligibility provision in meeting any state

and federal requirements necessary in order to maximize reimbursement

through the community eligibility provision, including assisting such

school food authorities in maximizing participation in the community

eligibility provision.

(b) If a school food authority is ineligible to participate in and

receive reimbursement through the community eligibility provision,

assisting the school food authority in achieving and maximizing

eligibility and, if that is not feasible, assisting the school food

authority in determining the viability of using Provision 2 or other

special federal provisions available to schools to maximize federal

reimbursement.

5. School districts, charter schools, and non-public schools shall

maximize the number of students eligible for free meals by conducting

the Direct Certification Matching Process at a minimum of three times

per year, designating children as "Other Source Categorically Eligible",

as defined by federal regulations, or, for schools not participating in

the Community Eligibility Provision or Provision 2, by annually

collecting the free and reduced-price meal application.