S2278

An Act concerning snacks provided to children in certain preschools, supplementing P.L.2022, c.104 (C.18A:33-3.2 et al.), amending various parts of the statutory law, and providing an appropriation.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2022, c.104 (C.18A:33-3.2) is amended to read as follows:

1. As used in this chapter:

"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.F.R. Part 245, or is receiving assistance under the Supplemental Nutrition Assistance Program (SNAP), the Temporary Assistance for Needy Families Program (TANF), the Food Distribution Program on Indian Reservations (FDPIR), or, to the extent that the United States Department of Agriculture authorizes the matching of Medicaid data to identify children who are eligible for free school meals, is a participant in the Medicaid program, and which student, by virtue of such status, is automatically eligible to be certified to receive free school meals under the National School Lunch Program or the federal School Breakfast Program, without first submitting an application or being subject to the federal income verification requirements established by 7 C.F.R. Part 245.

“Child and Adult Care Food Program” or “CACFP” means the federal reimbursement program, established under the “Richard B. Russell National School Lunch Act,” 42 U.S.C. s.1751 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, and ongoing operation of nonprofit snack and other food service programs at eligible child care centers, child care facilities, and other day care institutions, as defined in 42 U.S.C. s.1766 and 7 C.F.R. Part 226, and facilitate the provision of free and reduced price meals and meal supplements to eligible preschoolers and certain at-risk students receiving nonresidential day care services therefrom.

"Community Eligibility Provision" means a type of special assistance alternative, identified at 7 C.F.R. Part 245, pursuant to which the United States Department of Agriculture provides reimbursement for free school meals that are provided by eligible, high-poverty local educational agencies and schools that participate in both the National School Lunch Program and the federal School Breakfast Program.

“Eligible applicant preschool” or “eligible preschool” or “applicant preschool” means federally approved or a federally unapproved participant preschool which timely submits an application to the State Department of Agriculture, pursuant to federal law and paragraph (1) of subsection a. of section 1 of P.L.2018, c.26 (C.18A:33-14.1), seeking a reimbursement grant award under the Preschool Snack Reimbursement Grant Program.

“Eligible preschooler” means a preschool-aged child who is categorically eligible, income-eligible, or statutorily eligible for one or more subsidized preschool snacks.

"Eligible student" means a student who is categorically eligible or income-eligible for one or more subsidized school meals.

"Emergency meals distribution program" means a program, established under section 1 of P.L.2020, c.6 (C.18A:33-27.2), pursuant to which a school district is required to provide subsidized school meals to eligible students, through designated distribution sites, during any period in which a school in the district is subject to a public health-related closure due to the COVID-19 pandemic.

"Federal School Breakfast Program" means the federal reimbursement program, established under the "Child Nutrition Act of 1966," 42 U.S.C. s.1771 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school breakfast programs and facilitate the provision of free and reduced price breakfasts to eligible students.

“Federally approved participant preschool” or “federally approved” means a preschool that has applied for and has received, from the United States Department of Agriculture, federal approval to participate in, and to offer federally reimbursable snacks to enrolled preschoolers under, the Child and Adult Care Food Program.

"Federally [eligible for free or reduced price meals" or "federally] eligible" means that a student or preschooler, as the case may be, is categorically eligible for free lunch under the National School Lunch Program [or], for free breakfast under the federal School Breakfast Program, or for free snacks under the Child and Adult Care Food Program, or [that the student] satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245 or 7 C.F.R. Part 226, as appropriate, as is necessary to federally qualify for and receive free or reduced price lunch under the National School Lunch Program [or], free or reduced price breakfast under the federal School Breakfast Program, or free or reduced price snacks under the federal Child and Adult Care Food Program.

"Federally [ineligible for free or reduced price meals" or "federally] ineligible" means that a student or preschooler, as the case may be, 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.F.R. Part 245 or 7 C.F.R. Part 226, as appropriate, as is necessary for the student to federally qualify for and receive free or reduced price lunch under the National School Lunch Program [or], free or reduced price breakfast under the federal School Breakfast Program, or free or reduced price snacks under the federal Child and Adult Care Food Program.

“Federally reimbursable preschool snack program” means a preschool snack program that is operated by or at a federally approved preschool.

“Federally unapproved participant preschool” or “federally unapproved” means a public preschool that has submitted, to the United States Department of Agriculture, an initial, but still incomplete or otherwise pending, application indicating the preschool’s intent, and seeking formal federal approval, to participate in and to provide federally reimbursable preschool snacks to enrolled preschoolers under the Child and Adult Care Food Program. “Federally unapproved participant preschool” or “federally unapproved” includes only those public preschools that are currently awaiting a federal determination on a CACFP application submitted thereby, and shall not be understood to include any preschool that either: has not yet submitted an initial CACFP application; or has already received a formal written determination, from the United States Department of Agriculture, either approving or disapproving a completed CACFP application submitted thereby.

"Income-eligible" means that a student or a preschooler, as the case may be, either satisfies federal income eligibility requirements, adopted by the United States Department of Agriculture pursuant to 7 C.F.R. Part 245, or satisfies State-level income eligibility requirements, set forth in subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) or subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a), as is necessary for the student or preschooler to qualify for and receive subsidized lunch [under the National School Lunch Program or], subsidized breakfast [under the federal School Breakfast Program], or a subsidized snack on the basis of income.

"Low-income family" means a family with an annual household income amounting to not more than 185 percent of the federal poverty level.

"Middle-income family" means a family with an annual household income amounting to not less than 186 percent, and not more than 224 percent, of the federal poverty level.

"National School Lunch Program" means the federal reimbursement program established under the "Richard B. Russell National School Lunch Act," 42 U.S.C. s.1751 et seq., pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help finance the establishment, maintenance, operation, and expansion of school lunch programs and facilitate the provision of free and reduced price lunches to eligible students.

“Participating preschool” means and includes all federally approved and all federally unapproved participant preschools.

"Participating school" means a public or nonpublic school that provides daily lunch to enrolled students, through a school lunch program operated pursuant to the National School Lunch Program, or that provides daily breakfast to enrolled students, through a school breakfast program or breakfast after the bell program operated pursuant to the federal School Breakfast Program, or both.

"Participating school district or nonpublic school" means a public school district or a nonpublic school that is required, or elects, to participate in the National School Lunch Program, the federal School Breakfast Program, or both, as the case may be.

“Preschool” means a child care center, child care facility, or other institution of learning, where early education and childhood development programming is provided to preschool-aged children.

“Preschool snack program” means a program that is established and operated by a federally approved, or by a federally unapproved, participant preschool, in accordance with the New Jersey Strategic Plan for Preschool Expansion and the provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and pursuant to which the preschool offers daily snacks to all preschoolers enrolled therein.

“Preschool Snack Reimbursement Grant Program” or “grant program” means the reimbursement grant financing program that is established and operated, by the Department of Agriculture, pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), and pursuant to which eligible applicant preschools may obtain State-level reimbursement payments sufficient to cover the unreimbursed costs of snacks that are served, at the preschool, over the course of the term-limited grant reimbursement period, established pursuant to paragraph (1) of subsection c. of section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Preschool-aged child” or “preschooler” means a child who has not yet reached the age required to matriculate into school at the lowest grade level where student attendance is mandatory in the district.

“School” means a facility, center, or other institution of learning where primary or secondary education is provided to students enrolled in any of the grades K through 12. “School” does not include a preschool.

"School breakfast program" means a program that is established and operated by a public or nonpublic school, in accordance with the requirements of the federal School Breakfast Program and, in the case of a public school, in accordance with a plan adopted pursuant to section 2 of P.L.2003, c.4 (C.18A:33-10) or section 6 of P.L.2022, c.104 (C.18A:33-10.1), and pursuant to which the school offers daily breakfasts to all enrolled students.

"School lunch program" means a program that is established and operated by a school district, or by a nonpublic school, in accordance with the requirements of the National School Lunch Program and the provisions of section 1 of P.L.1974, c.53 (C.18A:33-4), and pursuant to which the district or nonpublic school offers daily lunches to all students enrolled therein.

"Special assistance alternative" means a special nutrition assistance alternative federal reimbursement method that is authorized by the United States Department of Agriculture, pursuant to 42 U.S.C. s.1759a and 7 C.F.R. Part 245, for eligible schools that serve free meals to all enrolled students. "Special assistance alternative" includes Provision 2, Provision 3, and the Community Eligibility Provision, as described in 7 C.F.R. Part 245, as well as any other similar alternative reimbursement method that is authorized by the United States Department of Agriculture, now or in the future, for schools that serve free meals to all enrolled students.

“Statutorily eligible” means that a preschooler is eligible to receive free preschool snacks, pursuant to the provisions of State law, at subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), notwithstanding the fact that the student is federally ineligible for free or reduced price preschool snacks.

"Student" means a child 18 years of age or younger who is enrolled at a school in the State.

“Subsidized preschool snack” or “subsidized snack” means a snack that is offered to an eligible preschooler, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Subsidized school breakfast" or "subsidized breakfast" means a school breakfast that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 12 of P.L.2022, c.104 (C.18A:33-14a).

"Subsidized school lunch" or "subsidized lunch" means a school lunch that is offered to an eligible student, free of charge, and the costs of which are reimbursed by the State or federal government, as provided by subsections a. and b. of section 1 of P.L.1974, c.53 (C.18A:33-4).

"Subsidized school meals" or "subsidized meals" [includes both] means all meals and meal supplements, including all subsidized school breakfasts [and], subsidized school lunches, and subsidized preschool snacks, which are or may be offered to students and preschoolers enrolled at schools and preschools in the State, and the costs of which are eligible for federal or State reimbursement, as provided by P.L.1974, c.53 (C.18A:33-4 et al.), P.L.2022, c.104 (C.18A:33-14a et al.), P.L.2022, c.104 (C.18A:33-3.2 et al.), or P.L. , c. (C. ) (pending before the Legislature as this bill).

"Subsidized school meals application" means an application that identifies a student's or a preschooler’s annual household income and is completed by the [student's] student or preschooler’s parent or guardian, pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), pursuant to subsection c. of section 1 of P.L.2015, c.15 (C.18A:33-21), or pursuant to applicable federal law, and which may be used by a school district, by a public preschool, or by a public [school] or nonpublic school, both for the purposes of determining whether a preschooler or student is income-eligible for subsidized school meals and for the other limited purposes specified in subsection c. of section 16 of P.L.2022, c.104 (C.18A:33-21b1).

"Subsidized school meals certification process" or "subsidized meals certification" means the process pursuant to which a school, a preschool, or a school district obtains and reviews a [student's] subsidized school meals application submitted on behalf of, or engages in the review of other relevant documentation and materials pertaining to [the], a student or preschooler, as necessary to determine whether [the] that student or preschooler is categorically eligible or income-eligible for subsidized school [meals] lunch under the National School Lunch Program, [or] for subsidized school breakfast under the federal School Breakfast Program, or [both] for subsidized snacks under the federal Child and Adult Care Food Program, as the case may be.

"Summer Food Service Program" means the federal reimbursement program, established under 42 U.S.C. s.1761 and 7 C.F.R. Part 225, pursuant to which the United States Department of Agriculture is authorized to provide grants-in-aid and other assistance to the States, as may be necessary to help schools, local government agencies, nonprofit organizations, colleges and universities, and summer camps finance the administrative and operational costs of providing meals to children, in low-income areas, during the summer months and other planned periods of school closure.

"Summer meals program" means the Summer Food Service Program, the Seamless Summer Option authorized by 42 U.S.C. s.1761, or any other similar State or federal program that is designed to ensure that children have access to nutritious meals during the summer months and other planned periods of school closure.

“Term-limited grant reimbursement period” means the limited period of time, established pursuant to paragraph (1) of subsection c. of section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), during which an eligible applicant preschool’s unreimbursed costs, incurred thereby in association with the preschool’s provision of snacks to preschoolers, may be reimbursed with State-level grant program funding made available pursuant to, and for the purposes of, the Preschool Snack Reimbursement Grant Program.

"Unreimbursed costs" means the costs of a school lunch [or], school breakfast, or preschool snack, which costs are not eligible for reimbursement from the federal government. “Unreimbursed costs” includes, but is not limited to, the costs of any snacks that are served, by or at an eligible applicant preschool, during the term-limited grant reimbursement period established, for the preschool, pursuant to paragraph (1) of subsection c. of section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Unsubsidized school breakfast" or "unsubsidized breakfast" means a school breakfast that is offered, upon the payment of a fee, to a student who is neither categorically eligible nor income-eligible for subsidized breakfast, regardless of whether such student remains income-eligible for subsidized school lunch under the provisions of paragraph (4) of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4), and the cost of which breakfast is not reimbursable by the State or federal government.

"Unsubsidized school lunch" or "unsubsidized lunch" means a school lunch that is offered, upon the payment of a fee, to a student who is not categorically eligible or income-eligible for subsidized lunch, and the cost of which is not reimbursable by the State or federal government.

(cf: P.L.2023, c.336, s.1)

2. (New section) a. (1) Snacks made available to preschoolers, under a preschool snack program, shall meet minimum nutritional standards established by the United States Department of Agriculture.

(2) Snacks offered to preschoolers, under a preschool snack program operated by a public preschool, shall be made available, free of charge, to all preschoolers enrolled in the public preschool, regardless of whether each such preschooler is determined to be federally eligible for free or reduced price preschool snacks. As provided by subsection b. of this section and section 1 of P.L.2019, c.445 (C.18A:33-21.1), the unreimbursed costs of free snacks that are made available, pursuant to this paragraph, to preschoolers who are federally eligible only for reduced price snacks, or to preschoolers who are federally ineligible for free and reduced price snacks, shall be borne by the State.

b. The State shall provide funding to each public preschool that operates a preschool snack program, as may be necessary to reimburse the federally unreimbursed costs associated with the public preschool's provision of free snacks, pursuant to paragraph (2) of subsection a. of this section, to enrolled preschoolers who are federally ineligible both for free and for reduced price preschool snacks.

c. The Department of Agriculture, in consultation with the Department of Education, shall annually prepare and issue, 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 public preschool in the State:

(1) the methods that are being used, by each such preschool, to facilitate the prompt identification and subsidized meals certification of children who are, respectively, categorically eligible, income-eligible, or statutorily eligible for free or reduced price snacks under the federal Child and Adult Care Food Program;

(2) the total number and percentage of preschoolers receiving subsidized preschool snacks, in the preceding year, who have been determined to be, respectively, federally eligible for free preschool snacks, federally eligible for reduced price preschool snacks, or statutorily eligible for free preschool snacks; and the number and percentage of all such preschoolers who are, respectively, from low-income families and from middle-income families;

(3) the methods that are being used, by each such preschool, to provide subsidized snacks to enrolled preschoolers; and

(4) any other information that may be deemed, by the secretary, to be relevant.

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, which rules and regulations shall be consistent with the State’s existing regulatory rubric and requirements applicable to the issuance of State reimbursement payments under, and for the purposes of, other school meals programs being operated pursuant to section 1 of P.L.1974, c.53 (C.18A:33-4) and section 12 of P.L.2022, c.104 (C.18A:33-14a).

3. Section 1 of P.L.2018, c.26 (C.18A:33-14.1) is amended to read as follows:

1. a. (1) Each school district or nonpublic school that participates in the National School Lunch Program or the federal School Breakfast Program, and each public preschool that is eligible to participate in the federal Child and Adult Care Food Program, shall take steps to maximize the use of federal resources and [to] minimize the debt [that is] incurred by families for school meals and preschool snacks, as the case may be, in accordance with a protocol established by the Department of Agriculture. The protocol established by the department, pursuant to this paragraph, shall be adopted within 180 days after the effective date of P.L.2022, c.104 (C.18A:33-3.2 et al.), in consultation with the Department of Education, the School Nutrition Association of New Jersey, and all relevant stakeholders, shall be reviewed and updated on at least an annual basis thereafter, and shall provide for all public preschools to submit an initial application, to the United States Department of Agriculture, seeking federal approval to participate in, and to provide federally reimbursed snacks under the Child and Adult Care Food Program, and shall additionally provide for all participating school districts and nonpublic schools, and all federally approved and federally unapproved participant preschools, to: (a) promote the prompt and accurate subsidized meals certification of all eligible students and all eligible preschoolers enrolled therein, in accordance with the provisions of federal law and section 16 of P.L.2022, c.104 (C.18A:33-[3.2 et al.]21b1); and (b) identify best practices to maximize the receipt and use of all federal resources [by the district's schools] which are now, or may become, available to offset the costs incurred in the operation of school lunch programs, school breakfast programs and breakfast after the bell programs, and preschool snack programs. Every school district in which a preschool engaged in the provision of snacks to enrolled preschoolers has failed to submit or complete an initial application seeking federal approval, or has otherwise failed to receive federal approval, authorizing the preschool to participate in, and provide federally reimbursable snacks to preschoolers under, the Child and Adult Care Food Program, shall report the reasons therefor, in writing, to the Department of Agriculture and the Department of Education, in the manner prescribed by those departments. The report shall include, but need not be limited to, a description of the specific impediments that are preventing the preschool from submitting or completing its initial program application, or from otherwise satisfying the requirements necessary for federal approval thereof, and a description of the specific actions that could be taken to remove those impediments, as well as the specific steps that may be undertaken either to facilitate the preschool’s submission or completion of an initial application under the Child and Adult Care Food Program, or to otherwise enable and ensure the preschool’s receipt of federal approval to participate in, and to receive federal reimbursement, under the program, for snacks that are served to preschoolers in the upcoming year.

(2) The Department of Agriculture and Department of Education, in cooperation with each other, shall consult with, and provide direct assistance to, participating school districts and nonpublic schools, federally approved participant preschools, and federally unapproved participant preschools, in order to help them improve, simplify, and expedite the subsidized school meals certification process and otherwise reduce the administrative burden on preschools, schools, and school districts that results from such process.

(3) A school that serves lunch or breakfast to students and is eligible for special federal reimbursement under the Community Eligibility Provision, as provided by 7 C.F.R. Part 245, shall, to the greatest extent practicable, participate in, and maximize the receipt of federal resources available under, that special assistance alternative. Every school district in which there is at least one school that qualifies for the Community Eligibility Provision, but is not implementing it, shall report the reasons therefor, in writing, to the Department of Agriculture and the Department of Education, in the manner prescribed by those departments. The report shall include, but need not be limited to, a description of the specific impediments at the school district to implementing the program, the specific actions that could be taken to remove those impediments, and the specific steps required to successfully implement the program in the following school year.

(4) A preschool that offers snacks, not only to preschoolers who are enrolled at the preschool during the day, but also to at-risk children who are enrolled in an afterschool program operated at the preschool outside of normal school hours, shall make those afterschool snacks available to all at-risk children enrolled in the afterschool program, free-of-charge, and shall timely apply for and take all other appropriate actions necessary to obtain, to the greatest extent practicable, supplemental federal reimbursement payments under the Special Program for At-Risk School Children, established pursuant to subsection r. of 42 U.S.C. s.1766 and 7 C.F.R. Part 226, in order to reimburse the costs associated with the preschool’s provision of such afterschool snacks to at-risk youth. Every school district in which a preschool is engaged in the provision of afterschool snacks to at-risk children, but has failed to apply or to qualify for supplemental federal reimbursement offered, under the Special Program for At-Risk School Children, for such snacks, shall report the reasons therefor, in writing, to the Department of Agriculture and the Department of Education, in the manner prescribed by those departments. The report shall include, but need not be limited to, a description of the specific impediments that are preventing the preschool from applying or qualifying for supplemental federal reimbursement, under the Special Program for At-Risk School Children, for free snacks served thereby to at-risk youth, and a description of the specific actions that could be taken to remove those impediments, as well as the specific steps that may be undertaken in order to facilitate the preschool’s qualification for, and receipt of, supplemental federal reimbursement made available under the special program in the upcoming year.

b. The Department of Agriculture, in consultation with the Department of Education, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this section.

c. (Deleted by amendment, P.L.2022, c.104)

(cf: P.L.2023, c.336, s.6)

4. Section 7 of P.L.2023, c.336 (C.18A:33-14.2) is amended to read as follows:

7. a. A school district or nonpublic school that participates in the National School Lunch Program or the federal School Breakfast Program, and a public preschool that participates in the Child and Adult Care Food Program, shall annually review the costs being expended thereby, in association with the implementation and expansion of school lunch and breakfast programs at schools in the district or at the nonpublic school, or in association with the implementation and expansion of preschool snack programs at such preschools, as the case may be, and shall take appropriate steps to minimize or offset those program costs, to the extent that such costs can be minimized or offset without compromising the ability of the participating preschool or of the participating school district or nonpublic school, as the case may be, to comply with minimum nutritional standards and other applicable program requirements established pursuant to State or federal law.

b. The Department of Agriculture, in consultation with the Department of Education, shall:

(1) monitor, and engage in the inspection and oversight of, each school lunch program [and], each school breakfast program, and each preschool snack program operating pursuant to this chapter, as necessary to ensure that school meals being served to students and preschoolers in the State continue to satisfy minimum nutritional standards, on an ongoing basis, as required by paragraph (2) of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) [and], paragraph (1) of subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a), and paragraph (1) of subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) develop and publicize best practices, protocols, and model plans to help school districts, nonpublic schools, and public preschools effectively minimize and offset program costs, as required by this section, without compromising the nutritional value of meals being served to students and preschoolers; and

(3) work cooperatively with each participating school district [and], nonpublic school, and preschool in the State to: (a) review the costs being expended [by the district, and by each participating school,] thereby in association with the implementation and expansion of one or more school meals programs therein; (b) identify various means and methods by which program costs can be reduced, curtailed, eliminated, or offset without sacrificing the ability of the participating school district [or], nonpublic school, or preschool to operate its school meals programs in compliance with minimum nutritional standards and other applicable State and federal requirements; (c) provide recommendations to help participating school districts [and], nonpublic schools, and preschools timely and proactively address financial problems that have reduced, or that have the potential to reduce, their ability to properly or fully administer their school meals programs in compliance with minimum nutritional standards, expanded eligibility requirements, and all other applicable State and federal requirements; and (d) undertake, or recommend the undertaking of, other appropriate actions as may be necessary to prevent the State's school meals programs from becoming overly bloated with unnecessary expenses or otherwise becoming financially burdensome to participating school districts [and], nonpublic schools, and preschools.

c. The Department of Agriculture, in consultation with the Department of Education, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this section.

(cf: P.L.2023, c.336, s.7)

5. Section 16 of P.L.2022, c.104 (C.18A:33-21b1) is amended to read as follows:

16. a. At the beginning of each school year, or upon initial enrollment in the case of a student or preschooler who enrolls during the school year, a participating school district [or], nonpublic school, or preschool shall provide, to the parent or guardian of each [student's with] enrolled student or preschooler, as appropriate:

(1) a hard copy of information on the National School Lunch Program [and], the federal School Breakfast Program, and the associated Child and Adult Care Food 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), and free preschool snacks under the Child and Adult Care Food Program, as provided by subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); (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 or preschooler enrolled in the State, and encouraging parents and guardians to complete the application, both in order to ensure that the student or preschooler will have access to all subsidized school meals for which the student or preschooler is eligible and in order to ensure that the school and the district have the necessary information to facilitate relevant eligibility determinations, to receive appropriate reimbursement, and to engage in all other activities authorized under subsection c. of this section; and (d) information on the rights that are available to enrolled students and preschoolers, and their families [under], pursuant to 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, may be provided in hard copy form, or may be provided in an electronic format through the usual means by which the participating school district, nonpublic school, or public preschool communicates with parents electronically, and shall, at a minimum:

(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 indicating that [an] a subsidized school meals 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 or by the nonpublic school or public preschool in which the student or preschooler is enrolled, except as may be necessary to:

(1) determine whether a student or preschooler identified in the application is income-eligible for [free or reduced price] subsidized school meals, and, if so, whether the student or preschooler satisfies federal or State-level income eligibility requirements [for] necessary to qualify for and receive subsidized school lunches, subsidized school breakfasts, or [both] subsidized preschool snacks;

(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 or preschool receives appropriate reimbursement, from the State and federal governments, for subsidized school meals served to eligible students and eligible preschoolers, 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, or a preschool snack 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] (1) In order to facilitate the ongoing, annual provision of subsidized school meals to all eligible and enrolled students and preschoolers in the State, each school district or participating school or public preschool shall require the parent or guardian of each student or preschooler enrolled therein to annually submit, thereto, either [submit an]: (a) a hard copy of a completed subsidized school meals application [to apply for the school lunch and school breakfast programs] form containing all requisite information necessary for the recipient school district, nonpublic school, or preschool to make subsidized school meal eligibility determinations in relation to the student or preschooler named in the application, as required by law; or [submit] (b) a signed card, provided thereto by the school district, or by the participating nonpublic school or public preschool, indicating that the parent or guardian has received the subsidized school meals application form and the associated school meals-related information required to be provided pursuant to this section, and is not interested in [participating in the] submitting the subsidized school meals application form, as necessary to determine or reestablish the student or preschooler’s eligibility for subsidized school lunches or breakfasts offered to enrolled students or preschoolers, as the case may be, under the State’s school lunch and [school] breakfast programs, or preschool snack programs. [The]

(2) A declination of interest card, which is provided to parents and guardians pursuant to, and for the purposes of, paragraph (1) this subsection, shall include a written notice [stating] indicating that a parent or guardian may submit [an] a subsidized school meals application [to apply for the school lunch and school breakfast programs] at any time during the school year, as provided by this subsection, notwithstanding the parent or guardian’s prior submission of a declination of interest card pursuant thereto.

[If] (3) In any case where a participating school district, nonpublic school, or nonprofit preschool sends, to a parent or guardian, the subsidized school meals application form and school meals-related information required by subsection a. of this section, but does not timely receive [an], from such parent or guardian, a completed application form or a signed declination of interest card, as required by paragraph (2) of this subsection, the participating school district, school or preschool, which sent the requisite materials to the parent or guardian, shall make at least one attempt to contact [the student's] that parent or guardian and request that [the parent or guardian] they promptly submit either [an] a completed application form or a signed declination of interest card in accordance with the provisions of this subsection.

e. The provisions of this section shall not apply in the case of a school which participates in the Community Eligibility Provision.

(cf: P.L.2023, c.336, s.10)

6. Section 1 of P L.2019, c.445 (C.18A:33-21.1) is amended to read as follows:

1. a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary[,]:

(1) a student who is enrolled in a participating school district or nonpublic school and is eligible for a reduced price breakfast under the federal School Breakfast Program or a reduced price lunch under the National School Lunch Program, shall not be required to pay for any such reduced price breakfast or reduced price lunch; and

(2) a preschooler who is enrolled in a participating preschool and is eligible for a reduced price preschool snack under the Child and Adult Care Food Program, shall not be required to pay for any such reduced price snack.

b. The State shall pay the difference between:

(1) the federal allocation for reduced price breakfasts and reduced price lunches and the total cost of the reduced price breakfasts and reduced price lunches that are served, by participating school districts and nonpublic schools, to enrolled students who are federally eligible for reduced price meals; and

(2) the federal allocation for reduced price snacks and the total cost of reduced price snacks that are served, by participating preschools, to enrolled preschoolers who are federally eligible for reduced price snacks.

c. 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 the schedule for, and identifying the manner in which, State-level reimbursements are to be made pursuant to subsection b. of this section.

(cf: P.L.2023, c.336, s.11)

7. Section 1 of P.L.2017, c.132 (C.18A:33-22) is amended to read as follows:

1. a. (1) There is hereby created in the Department of Agriculture a non-lapsing revolving fund to be known as the "Nourishing Young Minds Initiative Fund," which shall be held separate and apart from all other funds of the State. All monies appropriated annually by the Legislature, all federal and other [grants] grant monies received by the State, and any other monies made available for the fund’s purposes [of the fund] shall be deposited in the fund.

(2) Monies deposited in the fund shall be held in interest-bearing accounts in public depositories, as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on monies deposited in the fund shall be credited to the fund for use as set forth in subsection b. of this section for other monies in the fund.

b. Monies in the "Nourishing Young Minds Initiative Fund" shall be used by the Department of Agriculture to provide support and funding to child food and nutrition programs in the State, which may include:

(1) funding outreach and programmatic support by the Department of Agriculture, Department of Education, or community-based organizations;

(2) providing small grants to fund one-time startup or expansion costs of “breakfast after the bell” programs; [and]

(3) providing small grants to fund one-time startup or expansion costs of summer nutrition programs; and

(4) providing reimbursement grants under the Preschool Snack Reimbursement Grant Program, established pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), to fund one-time startup costs incurred by eligible applicant preschools in association with the initiation thereby of federally reimbursable preschool snack programs.

c. Funding made available under paragraphs (1) through (3) of subsection b. of this section shall be prioritized for award to districts or schools [with] having the highest number of students who are federally eligible [students] for subsidized school meals and the lowest rates of student participation in the [school breakfast program] State’s subsidized school meals programs.

d. The Secretary of Agriculture, in consultation with the Department of Education, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of this [act] section.

e. To the extent deemed by the secretary to be necessary to continue the Preschool Snack Reimbursement Grant Program, established pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), the secretary shall include, in each annual budget request submitted thereby in each fiscal year following the expenditure of funds initially appropriated for the Preschool Snack Reimbursement Grant Program, pursuant to section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill), a formal request seeking a supplemental legislative appropriation of $100,000 or such other sum, not exceeding $1.21 multiplied by the total number of preschoolers enrolled at all remaining eligible preschools in the State, which sum is deemed by the secretary to be sufficient to support the continued issuance of reimbursement grant awards to such remaining eligible preschools, upon application therefor. Any moneys appropriated pursuant to this subsection shall be deposited into the “Nourishing Young Minds Initiative Fund” and shall be dedicated for use in issuing reimbursement grant awards under, and for the purposes of, the Preschool Snack Reimbursement Grant Program established pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2017, c.132, s.1)

8. Section 1 of P.L.2019, c.307 (C.18A:33-27.1) is amended to read as follows:

1. a. Each school food authority that provides a food service, either to students enrolled in a participating school district or nonpublic school or to preschoolers enrolled in a participating preschool in the State, shall, in the two languages [that are] most commonly spoken in the homes of students in each participating school or of preschoolers in each participating preschool served by the school food authority:

(1) develop and implement an educational campaign to inform the parents and guardians of [such] students or preschoolers, who are enrolled at the schools or preschools where the school food authority provides a food service, about the various school meals programs that are available [for students] in New Jersey, and about the availability of subsidized school meals, under such programs, for eligible students [who are categorically eligible or income-eligible therefor] and eligible preschoolers; and

(2) develop promotional materials for the State's school meals programs, and provide copies of the promotional materials to each school and preschool that is served by the school food authority in the State, for distribution, by school or preschool staff, to the parents and guardians of students enrolled [at the school] therein. The school food authority shall utilize existing resources, which have been made available by the United States Department of Agriculture and the New Jersey Department of Agriculture, in developing promotional materials for the purposes of this paragraph. The promotional materials shall include, but need not be limited to, pamphlets, presentation materials, webinars, and sample letters that schools and preschools may send to parents and guardians.

b. The educational campaign and promotional materials developed under subsection a. of this section shall:

(1) satisfy the standards, and comply with the guidelines, established by the Department of Agriculture, in consultation with the Department of Education, pursuant to subsection c. of this section;

(2) highlight and promote the nature, purposes, value, and importance of the National School Lunch Program, the federal School Breakfast Program, the federal Child and Adult Care Food Program, and the federal Summer Food Service Program[,] and other similar summer meals programs, as well as the [State’s] State-level breakfast after the bell programs[,] and emergency meals distribution programs established and operated pursuant to section 1 of P.L.2014, c.66 (C.18A:33-11.1) or section 2 of P.L.2018, c.25 (C.18A:33-11.3)[, the State's emergency meals distribution programs, established pursuant to] and section 1 of P.L.2020, c.6 (C.18A:33-27.2), and any new school meals programs that are implemented in the State after the effective date of P.L.2022, c.103;

(3) emphasize the importance of providing a nutritious meal to all children for their general health and success in school and preschool;

(4) emphasize and promote the ability of eligible students and eligible preschoolers to obtain subsidized [meals] school lunches, subsidized school breakfasts, and subsidized preschool snacks, as appropriate, under the State's school meals programs, and inform parents and guardians about the various ways in which a student or preschooler may be determined to be categorically eligible or income-eligible therefor[, and identify the federal and State-level criteria that must be satisfied in order for a student to obtain subsidized school meals, under these programs, on the basis of annual household income];

(5) highlight and describe the application and determination processes that are used, by preschools, schools, and school districts, to certify categorically eligible and income-eligible students and preschoolers, as the case may be, for subsidized school meals;

(6) highlight and describe the rights that are applicable to students and preschoolers, and their families, in association with [a student's] such students’ or preschoolers’ receipt of subsidized or unsubsidized school meals in the State; and

(7) inform parents and guardians about the nature and extent of any proposed or implemented expansion of the State’s existing school meals programs [in the State], including, but not limited to, the nature and extent of any proposed or implemented expansion of the categories of students or preschoolers who are eligible for subsidized school meals under such programs.

c. (1) Within 60 days after the effective date of P.L.2022, c.103, the Department of Agriculture, in consultation with the Department of Education, shall adopt standards and guidelines to ensure the uniformity and accuracy of school meals-related information being presented by school food authorities as part of the educational campaigns conducted, and in the promotional materials distributed, pursuant to this section.

(2) Within 60 days of the effective date of P.L.2022, c.103, and on a periodic basis thereafter, as necessary, the Department of Education shall provide, to each school food authority that offers a food service to students at a participating school or to preschoolers at a participating preschool in the State, information concerning the two languages that are most commonly spoken in the homes of students or preschoolers enrolled at each such participating school or preschool served thereby. The Department of Education shall periodically, and at least every five years, verify the two languages that are most commonly spoken in the homes of students and preschoolers in each such participating school and preschool, for the purposes of this subsection.

d. As used in this section:

"School food authority" shall mean the school, preschool, school district, or third-party food service vendor, as applicable, which is responsible for providing a food service to students enrolled at a participating school or to preschoolers enrolled at a participating preschool.

(cf: P.L.2023, c.336, s.12)

9. (New section) a. Not more than 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall establish and shall commence operating a Preschool Snack Reimbursement Grant Program, the purpose of which shall be to annually provide reimbursement grant funding to support the initiation of federally reimbursable preschool snack programs by eligible applicant preschools in the State.

b. Individual grants issued, by the department, under the Preschool Snack Reimbursement Grant Program shall be awarded on a first-come, first-served basis to each eligible applicant preschool, within the limits of moneys appropriated or otherwise made available to the department for the program’s purposes.

c. (1) Reimbursement grant funding awarded to an eligible applicant preschool, under the Preschool Snack Reimbursement Grant Program, shall be used solely to reimburse the costs that are expended by the preschool, or by another school food authority, in association with the provision thereby of free snacks, to preschoolers enrolled at the preschool, during a term-limited grant reimbursement period that shall be deemed to commence on the same date on which the preschool submits its initial federal application, to the United States Department of Agriculture, seeking approval to participate in and to offer federally reimbursable preschool snacks under the CACFP, and shall be deemed to expire on the same date on which the preschool receives formal written notice, from the United States Department of Agriculture, approving or disapproving the preschool’s completed CACFP application.

(2) Individual grant awards issued to eligible applicant preschools, under the Preschool Snack Reimbursement Grant Program, shall not be used to reimburse: (a) any costs, other than those eligible costs which are described in paragraph (1) of this subsection; or (b) any eligible costs, as described in paragraph (1) of this subsection, which are reimbursable or have already been paid for with other State or federal funds.

(3) The dollar amount of each individual grant award issued, under the Preschool Snack Reimbursement Grant Program, shall be sufficient to retroactively reimburse the eligible costs, as described in paragraph (1) of this subsection, which are expended by the preschool, or by a school food authority that is lawfully contracted to provide snack services at the preschool, in providing free snacks to preschoolers enrolled at the preschool during the term-limited grant reimbursement period established pursuant to paragraph (1) of this subsection; however, in no case shall the total dollar amount awarded, pursuant to an individual program grant, exceed an amount that is equal to $1.21 multiplied by the total number of preschoolers who are enrolled at the eligible applicant preschool at the commencement of the term-limited grant reimbursement period established pursuant to paragraph (1) of this subsection. In addition, in any case where another State or federal agency or program provides funding to offset the same eligible costs for which program grant funding may be awarded and used, pursuant to paragraph (1) of this subsection, the total such eligible costs which are deemed to be eligible for funding, and the total dollar amount of the individual grant award issued to the eligible applicant preschool, under the Preschool Snack Reimbursement Grant Program, shall each be reduced by the total dollar amount of all such other State or federal contributions.

d. A preschool that wishes to obtain a grant under the Preschool Snack Reimbursement Grant Program shall submit an application therefor, in a form and manner, and by an annual deadline, prescribed by the secretary. Each grant application shall, at a minimum:

(1) include a statement certifying the date on which the preschool submitted its initial application, to the United States Department of Agriculture, seeking approval to participate in, and to provide federally reimbursable preschool snacks to enrolled preschoolers under, the Child and Adult Care Food Program, and further certifying the current status of such federal application, including whether such application is still pending completion, and whether the application, if completed, is still pending federal approval or disapproval;

(2) identify the total number of preschoolers that were enrolled in the applicant preschool on the date, identified pursuant to paragraph (1) of this subsection, on which the preschool submitted its initial application under the Child and Adult Care Food Program;

(3) identify the types of snacks served to preschoolers enrolled at the preschool, as well as the nutritional value thereof;

(4) describe the methods used, by the preschool, to provide snacks to enrolled preschoolers, including, but not limited to, whether, and the extent to which, preschool snacks are provided to enrolled preschoolers through snack services rendered by a lawfully contracted school food authority;

(5) identify the number and percentage of preschoolers enrolled at the school who are known to be categorically eligible or income-eligible for free or reduced price preschool snacks offered under the Child and Adult Care Food Program;

(6) identify all other State or federal grant awards and financing options that are available to finance the preschool’s eligible costs, as defined in paragraph (1) of subsection c. of this section; and

(7) provide any other information required by the secretary.

e. A preschool that is approved for reimbursement grant funding, pursuant to this section, shall not be entitled to receive a lump-sum disbursement of awarded program grant funds, but shall, instead, be required to prepare and submit a monthly invoice and accounting statement, to the secretary, in each month of the term-limited grant reimbursement period established pursuant to paragraph (1) of subsection c. of this section, in order to receive a disbursement of grant funds awarded pursuant to this section. Each monthly invoice and accounting statement shall include:

(1) appropriate receipts, photos, or other documentation verifying the expenditures being accounted for in the monthly invoice and accounting statement;

(2) a brief explanation documenting why such expenditures should be deemed to constitute eligible costs for the purposes of program reimbursement; and

(3) a statement certifying that the recipient of the grant award has not yet received written notice, from the United States Department of Agriculture, disapproving and denying the recipient’s application to participate in, and to provide federally reimbursable preschool snacks under, the Child and Adult Care Food Program.

f. (1) Grant funds awarded under the program shall be disbursed to the recipient school district on a rolling, term-limited, monthly installment basis, over the course of a single year and using a draw-down process that provides for reimbursement checks to be issued to the recipient preschool within 60 days after the department receives each monthly invoice and accounting statement submitted thereby pursuant to subsection e. of this section. The amount of each such installment payment shall be sufficient, within the limits of the preschool’s program grant award, to reimburse the eligible costs documented in the preschool’s most recent monthly invoice and accounting statement.

(2) Grant funds disbursed to an eligible applicant preschool, pursuant to this subsection, may be further allocated, by the recipient preschool, to school food authorities that are contractually obligated to provide snack services at the preschool, in order to reimburse the eligible costs that were expended thereby, during the term-limited grant reimbursement period established pursuant to paragraph (1) of subsection b. of this section, as documented in the preschool’s most recent invoice and accounting statement.

g. (1) Any program grant funds that are awarded to an eligible applicant preschool and which remain unclaimed and unexpended thereby at the conclusion of the term-limited grant reimbursement period established pursuant to paragraph (1) of subsection b. of this section, shall, at that time, be reclaimed by the secretary and used to finance future grant awards under the Preschool Snack Reimbursement Grant Program.

(2) In any case where awarded program grant moneys are disbursed to a federally unapproved participant preschool, pursuant to this section, and the preschool thereafter receives written notice, from the United States Department of Agriculture, disapproving and formally denying the preschool’s completed CACFP application, the preschool shall be required to immediately repay, and the secretary shall be required to recoup, any sums previously awarded and disbursed thereto, pursuant to this section, and any previously recouped sums shall be used to finance future grant awards under the Preschool Snack Reimbursement Grant Program.

10. (New section) There is appropriated, from the General Fund to the Department of Agriculture, the sum of $100,000, which shall be deposited in the “Nourishing Young Minds Initiative Fund,” established pursuant to section 1 of P.L.2017, c.132 (C.18A:33-22) and dedicated for use in issuing initial reimbursement grants under, and in otherwise administering, the Preschool Snack Reimbursement Grant Program during the first year of program operations. The secretary shall endeavor to minimize new administrative costs associated with the department’s implementation of the Preschool Snack Reimbursement Grant Program, to the maximum extent practicable, by treating the reimbursement grant program as an integral component, and by administering the grant program within the broader context, of the State’s existing statutory and administrative rubric governing the operation of, and the issuance of State-level reimbursement payments under, the State’s other school meals programs.

11. This act shall take effect immediately.

STATEMENT

This bill would amend and supplement the existing statutory rubric that governs the operation of school meals programs in New Jersey and the State-level reimbursement of certain federally unreimbursed costs incurred by participating schools and school districts in association therewith, in order to include new provisions specifically governing the operation of preschool snack programs in New Jersey and further providing for the State-level reimbursement of certain federally unreimbursed costs incurred by participating preschools in providing requisite snacks to preschoolers. Although federal reimbursement is currently available for preschools that provide free or reduced price snacks to enrolled preschoolers under the federal Child and Adult Care Food Program (CACFP), which is operated pursuant to the “Richard B. Russell National School Lunch Act,” 42 U.S.C. s.1751 et seq., preschools are, generally, not eligible to receive federal reimbursement for any snacks that are served thereby in accordance with CACFP requirements, until such time as the preschool’s federal application, seeking initial authorization to participate as a CACFP snack provider, is formally approved by the United States Department of Agriculture (USDA). Moreover, because federal law generally prohibits the retroactive issuance of snack program reimbursement payments, on a back-pay basis, any preschools that are federally approved to participate as a CACFP snack provider will still be ineligible, under existing law, to receive federal reimbursement for otherwise federally reimbursable snacks that were served thereby to preschoolers during the period of time when the preschool’s federal CACFP application was pending completion or final determination by the USDA.

This bill would endeavor to establish greater consistency in this area by folding relevant school snack program requirements into the State’s existing school meals program law, and by providing for the State to reimburse certain federally unreimbursed costs incurred by preschools, in association with their provision of snacks to preschoolers, in a manner that is consistent with the existing State reimbursement requirements applicable to authorized school lunch and breakfast providers. Specifically, the bill would amend and supplement the State’s existing school meals program laws, in order to incorporate the following snack program-related provisions:

(1) provisions requiring all federally eligible preschools in the State to maximize their receipt of federal resources available for preschool snacks, both by applying for and obtaining federal approval to participate as CACFP snack providers (or explaining the reasons why a CACFP application has not been submitted or has been federally disapproved and denied), and, as appropriate, by applying for and obtaining federal approval to additionally provide federally reimbursable free afterschool snacks to at-risk youth under, and for the purposes of, the CACFP’s Special Program for At-Risk School Children, established pursuant to subsection r. of 42 U.S.C. s.1766 and 7 C.F.R. Part 226;

(2) provisions that would require the State Department of Agriculture to establish and operate a new Preschool Snack Reimbursement Grant Program, the purpose of which would be to annually provide State-level reimbursement grant funding sufficient to offset the initial, federally unreimbursed costs being incurred by preschools that engage in the provision of snacks to preschoolers during the term-limited period when the preschool’s federal CACFP application is pending completion and formal federal approval or disapproval;

(3) provisions requiring all federally approved CACFP preschool snack providers to provide snacks to all enrolled preschoolers, free-of-charge; and

(4) provisions requiring the State to reimburse the federally unreimbursed costs of all free and reduced price snacks served by federally approved CACFP preschool snack providers.

The bill would appropriate, to the Department of Agriculture, for deposit into the existing “Nourishing Young Minds Initiative Fund,” an initial sum of $100,000 to be dedicated and used for the purposes of financing reimbursement grants issued, under the Preschool Snack Reimbursement Grant Program, in the first year of program operations. The bill would further require the State Secretary of Agriculture, following the expenditure of such initially appropriated sums, to make annually recurring budget requests for supplemental appropriations, in an amount of $100,000 per year, or another amount, not exceeding $1.21 multiplied by the total number of preschoolers enrolled at all remaining eligible preschools in the State, as may be deemed thereby to be necessary to continue the grant program and facilitate the ongoing issuance of grant awards to eligible preschool applicants thereunder.