New Jersey § 18a:33-21b1

§ 18a:33-21b1.

< L.2023, c. 336, eff. Jan. 16, 2024 , incorporated amendments into this version of text made by L.2023, c. 203 that were to take effect in the first full school year following Jan. 8, 2024.> a. At the beginning of each school year, or upon initial enrollment in the case of a student who enrolls during the school year, a participating school district or nonpublic school shall provide each student's parent or guardian with: (1) a hard copy of information on the National School Lunch Program and the federal

School Breakfast Program, including, but not limited to : (a) information on the ability of all categorically eligible and income-eligible students to receive free school lunch under the National School Lunch Program, as provided by subsection a.

of section 1 of P.L.1974, c. 53 ( C.18A:33-4 ), and free school breakfast under the federal School Breakfast Program, as provided

by subsection a. of section 12 of P.L.2022, c. 104 ( C.18A:33-14a ); (b) information on the subsidized school meals application and certification processes that are used to determine whether a student is categorically eligible or income-eligible for subsidized school meals ; (c) information highlighting the need for parents and guardians to complete a subsidized

school meals application for each student, and encouraging parents and guardians to

complete the application, both to ensure that the student will have access to all

subsidized school meals for which the student is eligible and to ensure that the school

and the district have the necessary information to facilitate relevant eligibility

determinations, receive appropriate reimbursement, and engage in all other activities

authorized under subsection c. of this section; and (d) information on the rights that are available to students and their families under

this section and section 1 of P.L.2015, c. 15 ( C.18A:33-21 ); and (2) a hard copy of a subsidized school meals application , as well as instructions for completing the application, and, as necessary, assistance

in completing the application. b. The school meals information and application provided to parents and guardians,

pursuant to subsection a. of this section, shall: (1) be communicated in a language that the parent or guardian understands; (2) specify the limited purposes for which collected personal data may be used, as

provided by subsection c. of this section; (3) (Deleted by amendment, P.L.2023, c. 203 ); and (4) include a notice that an application to apply for the school lunch and school

breakfast programs may be submitted at any time during the school year and is required

to be submitted annually. The school district may also provide the information and application electronically,

through the usual means by which the district electronically communicates with parents. c. A subsidized school meals application that is completed by a parent or guardian shall be confidential,

and shall not be used or shared by the student's school or school district, except

as may be necessary to: (1) determine whether a student identified in the application is income- eligible for free or reduced price school meals and, if so, whether the student satisfies federal or State-level income eligibility

requirements for subsidized school lunches, subsidized school breakfasts, or both ; (2) determine whether the school or school district is required, by section 2 of P.L.2018, c. 25 ( C.18A:33-11.3 ) or by section 1 of P.L.2018, c. 28 ( C.18A:33-24 ), to establish a breakfast after the bell program or to participate as a sponsor or site in the federal Summer Meals Service Program; (3) ensure that the school receives appropriate reimbursement, from the State and

federal governments, for subsidized school meals served to eligible students, free of charge, through a school lunch program, a school breakfast

program, a breakfast after the bell program, a summer meals program, or an emergency

meals distribution program; and (4) facilitate school aid determinations under the “School Funding Reform Act of 2008,” P.L.2007, c. 260 ( C.18A:7F-43 et seq. ). d. The school district shall require the parent or guardian to either submit an application

to apply for the school lunch and school breakfast programs or submit a signed card

provided by the school district indicating that the parent or guardian has received

the application and information and is not interested in participating in the school

lunch and school breakfast programs. The card shall include a notice stating that a parent or guardian may submit an application

to apply for the school lunch and school breakfast programs at any time during the

school year. If a school district does not receive an application or a signed card, the school

district shall make at least one attempt to contact the student’s parent or guardian

and request that the parent or guardian submit either an application or signed card. e. The provisions of this section shall not apply in the case of a school which participates

in the Community Eligibility Provision.