N.J. Stat. tit. 18A, ch. 33

in effect

N.J. Stat. § 18A:33-1 District to furnish suitable facilities; adoption of courses of study

Each school district shall provide, for all children who reside in the district and are required to attend the public schools therein and those who reside therein or elsewhere and are entitled or permitted to attend the schools of the district pursuant to law, suitable educational facilities including proper school buildings and furniture and equipment, convenience of access thereto, and courses of study suited to the ages and attainments of all pupils between the ages of five and 20 years, either in schools within the district convenient of access to the pupils, or as provided by article 2 of chapter 38 of this title, but no course of study shall be adopted or altered except by the recorded roll call majority vote of the full membership of the board of education of the district. L.1967, c.271.

N.J. Stat. § 18A:33-1.1 Substandard facility; approval; inspection; abandonment

No substandard facility shall be approved for more than two consecutive years unless it is inspected by the Bureau of Facility Planning Services in the Division of Finance to insure that the buildings meet health, safety and educational standards for temporary facilities and that utilization of the facilities is of a temporary and limited nature. Any facility which is determined to be inadequate shall be ordered abandoned pursuant to N.J.S. 18A:20-36. L.1983, c. 373, s. 1, eff. Oct. 28, 1983.

N.J. Stat. § 18A:33-1.2 Rules and regulations

The State Board of Education shall develop rules and regulations for the approval of substandard emergency building facilities for the accommodation of school pupils which regulations shall insure that the buildings meet health, safety and educational standards and that the utilization of the facilities are of a temporary and limited nature. L.1983, c. 373, s. 2, eff. Oct. 28, 1983.

N.J. Stat. § 18A:33-2 Penalty for failure to provide proper facilities.

18A:33-2. When any school district shall fail to provide such facilities and courses of study, the county superintendent shall, by order in writing, approved in writing by the commissioner and transmitted to the board secretary or treasurer of school moneys, as appropriate, of the district, direct the secretary or treasurer to withhold further payments, for the account of the district, of any moneys theretofore and thereafter received from State aid until such suitable facilities and courses of study shall be provided, which order shall be effective upon the date stated by the commissioner in his approval thereof. The county superintendent shall notify the board of education of the district of his action with the reasons therefor forthwith. amended 2010, c.39, s.25.

N.J. Stat. § 18A:33-2.1 Closing high school; contracting with another district; referendum

No board of education of a school district providing high school education in its own high school shall propose to close its high school and to contract with another district or districts to provide high school education for pupils of the district, unless and until a public question as to whether or not the board may enter into such a contract or contracts shall be submitted to and approved by a majority of the voters of the district voting thereon at an annual or special school election. L.1967, c.271.

N.J. Stat. § 18A:33-3 Food service bidding exemption

A board of education of any district may, itself or under contract, install, equip, supply and operate cafeterias or other agencies for dispensing food to public school pupils without profit to the district and may purchase food services and supplies therefor subject to the provisions of N.J.S. 18A:18A-6 and pursuant to rules and regulations of the State board, without advertisement for bids. L.1967, c.271; amended by L. 1985, c. 527, s. 2, eff. Jan. 21, 1986.

N.J. Stat. § 18A:33-3.1 Establishment of prepaid school lunch program.

1. A board of education may establish a program through which the parent or guardian of a student may prepay for lunches served to the student in the school cafeteria. L.2006,c.14.

N.J. Stat. § 18A:33-3.2 Definitions.

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. "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 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 eligible for free or reduced price meals" or "federally eligible" 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.F.R. Part 245, 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. "Federally ineligible for free or reduced price meals" or "federally ineligible" 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.F.R. Part 245, 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. "Income-eligible" means that a student 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 to qualify for and receive subsidized lunch under the National School Lunch Program or subsidized breakfast under the federal School Breakfast Program, 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 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. "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. "Student" means a child 18 years of age or younger who is enrolled at a school in the State. "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 subsidized school breakfasts and subsidized school lunches. "Subsidized school meals application" means an application that identifies a student's annual household income and is completed by the student's parent or guardian, pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), subsection c. of section 1 of P.L.2015, c.15 (C.18A:33-21), or applicable federal law, and which may be used by a school district, or by a public school or nonpublic school, both for the purposes of determining whether a 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 or school district obtains and reviews a student's subsidized school meals application, or engages in the review of other relevant documentation and materials pertaining to the student, as necessary to determine whether the student is categorically eligible or income-eligible for subsidized school meals under the National School Lunch Program, or under the federal School Breakfast Program, or both. "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. "Unreimbursed costs" means the costs of a school lunch or school breakfast, which costs are not eligible for reimbursement from the federal government. "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. L.2022, c.104, s.1; amended 2023, c.336, s.1.

N.J. Stat. § 18A:33-4 School lunch, availability to all children; report to the Governor, Legislature; rules, regulations.

1. a. (1) Each school district shall make school lunch available to all students enrolled in the district, except at those schools that are exempt from the requirements of this section, as provided by section 2 of P.L.1974, c.53 (C.18A:33-5), within one year after the effective date of P.L.1974, c.53 (C.18A:33-4 et seq.). Each nonpublic school participating in the National School Lunch Program shall make school lunch available to all students enrolled at the nonpublic school within one year after the effective date of P.L.2023, c.336 (C.18A:33-14.2 et al.). (2) School lunches offered to students, pursuant to this section, shall meet minimum nutritional standards established by the United States Department of Agriculture. (3) School lunches offered, pursuant to this section, shall be made available, free of charge, to all students enrolled in the district or in the nonpublic school, as the case may be, who are 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), the unreimbursed costs of free lunches being made available, pursuant to this paragraph, to students who are eligible for reduced price lunch, shall be borne by the State. (4) Notwithstanding any law, rule, or regulation to the contrary, school lunches offered to students, pursuant to this section, shall also be made available, free of charge, to those students enrolled in the participating school district or nonpublic school, who are federally ineligible for free or reduced price meals, in accordance with the following schedule: (a) during the 2023-2024 school year, to each enrolled student 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); and (b) during the 2024-2025 school year, to each enrolled student 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 224 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 participating school district and nonpublic school, as may be necessary to reimburse the cost of free lunches being served thereby to federally ineligible students, pursuant to paragraph (4) of subsection a. of this section. 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 participating school district and nonpublic school in the State: (1) the methods that are being used thereby to facilitate the prompt identification and subsidized meals certification of students who are, respectively, categorically eligible or income-eligible for free or reduced price lunch under the National School Lunch Program; (2) the total number and percentage of students receiving subsidized school lunches in the preceding school year who have been determined to be, respectively, federally eligible for free school lunch, federally eligible for reduced price lunch, income-eligible for free school lunch on the basis of State-level income eligibility requirements, or neither categorically eligible nor income-eligible for free or reduced price school lunch; and (3) the number and percentage of all students, identified pursuant to paragraph (2) of this subsection, who are, respectively, from low-income families and from middle-income families. 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; 2023, c.336, s.2.

N.J. Stat. § 18A:33-5 Exemptions

Any school at which less than five percent of enrolled students are federally eligible for a free or reduced price lunch shall be exempt from the provisions of P.L.1974, c.53 (C.18A:33-1 et seq.). L.1974, c. 53, s. 2, eff. July 1, 1974; amended 2022, c.104, s.3.

N.J. Stat. § 18A:33-6 Display of poster illustrating choke prevention techniques

Each local board of education shall: a. Ensure that posters illustrating choke prevention techniques such as the "Heimlich Maneuver" are prominently displayed in all school cafeterias, faculty dining rooms and all other public school locations designated as places where food is consumed; b. Have pamphlets illustrating choke prevention techniques available in every school for free distribution to students; and c. Utilize, for the purposes of this section, instructional posters and pamphlets prepared by the Department of Health pursuant to P.L.1983, c.488 (C.26:3E-1 et seq.). L.1989, c.302, s.1.

N.J. Stat. § 18A:33-7 Posting of drinking water test reports by public schools.

6. a. The principal of every public school who is required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996,"42 U.S.C.s.300f et al., or who receives a Consumer Confidence Report from the owner or operator of a public community water system, shall post each Consumer Confidence Report the principal prepares or receives in a conspicuous location near each major entrance to the public school. b. The principal of every public school who is a supplier of water but is not required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996," and who is required to conduct tests of its drinking water by the Department of Environmental Protection, shall post a chart setting forth the results of the water tests, including the level of detection and, as appropriate for each contaminant, the maximum contaminant level, highest level allowed, action level, treatment technique, or other expression of an acceptable level, for each contaminant, in a conspicuous location near each major entrance to the public school. The chart also shall include in bold print the statement required to be included in a Consumer Confidence Report pursuant to 40 CFR s.141.154(a). The chart shall not include contaminants that are not detected. c. The provisions of this section shall be enforced by the Department of Education. The Department of Education shall not be required to conduct on-site inspections to determine compliance with this section more frequently than any on-site inspections of public schools are conducted by the department pursuant to any other law. L.1999,c.362,s.6.

N.J. Stat. § 18A:33-8 Posting of drinking water test reports by nonpublic schools.

7. a. The chief administrative officer of every nonpublic school required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996,"42 U.S.C.s.300f et al., or who receives a Consumer Confidence Report from the owner or operator of a public community water system, shall post each Consumer Confidence Report the chief administrative officer prepares or receives in a conspicuous location near each major entrance to the nonpublic school. b. The chief administrative officer of every nonpublic school which is a supplier of water but is not required to prepare a Consumer Confidence Report pursuant to the "Safe Drinking Water Act Amendments of 1996," and who is required to conduct tests of its drinking water by the Department of Environmental Protection, shall post a chart setting forth the results of the water tests, including the level of detection and, as appropriate for each contaminant, the maximum contaminant level, highest level allowed, action level, treatment technique, or other expression of an acceptable level, for each contaminant, in a conspicuous location near each major entrance to the nonpublic school. The chart also shall include in bold print the statement required to be included in a Consumer Confidence Report pursuant to 40 CFR s.141.154(a). The chart shall not include contaminants that are not detected. c. The provisions of this section shall be enforced by the Department of Education. The Department of Education shall not be required to conduct on-site inspections to determine compliance with this section more frequently than any on-site inspections of nonpublic schools are conducted by the department pursuant to any other law. L.1999,c.362,s.7.

N.J. Stat. § 18A:33-8.1 Definitions.

1. As used in this act: "Drinking fountain" means a plumbing fixture that is connected to the potable water distribution system and drainage system that allows a user to obtain a drink directly from a stream of flowing water without the use of any accessory. "Filtered bottle-filling station" or "station" means an apparatus that: is connected to customer site piping; filters water and is certified to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for particulate removal; has a flow rate through the station that is paired to the specified flow rate of the filter cartridge; has a light or other device to indicate filter cartridge replacement status; is designed to fill drinking bottles or other containers for personal water consumption; and includes a drinking fountain. "Filtered faucet" means a faucet that at the point of use includes a filter that is certified to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for particulate removal. L.2025, c.76, s.1.

N.J. Stat. § 18A:33-8.2 School Lead Filters program.

2. a. No later than 180 days after the date of enactment of this act, the Commissioner of Education shall establish a School Lead Filters program to provide grants, subject to available appropriations, for the purchase and installation of point-of-use filtered bottle-filling stations and filtered faucets in public schools. Public schools may apply to the Department of Education for a grant in a form and manner as determined by the commissioner. b. The commissioner shall advertise the availability of the grants to public schools and shall publish information about the program on the department's Internet website. c. In awarding grants pursuant to this section, the commissioner shall give priority to public schools that demonstrate significant water quality issues, as evidenced by test results, reports from the Department of Environmental Protection, or reliable data sources indicating elevated levels of lead and other contaminants in drinking water and to public schools that have not already installed point-of-use filtered bottle-filling stations or filtered faucets. L.2025, c.76, s.2.

N.J. Stat. § 18A:33-8.3 Guidance relative to installing point-of-use filtered bottle-filling stations, filtered faucets.

3. No later than six months after the date of enactment of this act, the commissioner may develop and disseminate guidance to public schools to assist in the development of plans for installing point-of-use filtered bottle-filling stations and filtered faucets. The resources may include information on factors that a school should consider when selecting and siting point-of-use filtered bottle-filling stations and filtered faucets, and for regularly replacing filter cartridges. L.2025, c.76, s.3.

N.J. Stat. § 18A:33-8.4 Report to Governor, Legislature.

4. No later than six months after the end of the 2025-2026 school year, the commissioner shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the implementation of the grant program. The report shall include information on the number of grants applied for, the number of grants awarded, and the commissioner's recommendation as to how much additional funding would be needed to meet total demand in all public schools. L.2025, c.76, s.4.

N.J. Stat. § 18A:33-9 Findings, declarations relative to school breakfast programs

1. The Legislature finds and declares that: a. The federal School Breakfast Program is a federally assisted meal program that is implemented in public and nonprofit private schools and residential child care institutions nationwide, and is designed to ensure that each participating child receives breakfast containing at least one-fourth of the nutrients needed daily. b. The federal School Breakfast Program was established in 1966 with the purpose of providing a nutritious, well-balanced breakfast to promote sound eating habits, and fostering good health and academic achievement for school-age children. c. New Jersey ranks fiftieth in the nation for participation in the federal School Breakfast Program by schools offering school lunch, and the State has seen only modest increases in participation in recent years. d. Research shows that school breakfast increases attendance and decreases tardiness, improves academic performance both in class and on standardized tests, improves attentiveness, and reduces emotional and behavioral problems among students from all backgrounds. e. Based on the foregoing findings, it is clearly in the public interest for the State to require school districts to offer school breakfasts through the federal School Breakfast Program, and to publicize the availability of such breakfasts in their communities. L.2003,c.4,s.1; amended 2022, c.104, s.4.

N.J. Stat. § 18A:33-10 Establishment of School Breakfast Program in certain schools

2. a. (1) A public school operated by a local or regional school district of the State in which 20 percent or more of the students enrolled in the school on October 1 of the preceding school year were federally eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program, shall establish a school breakfast program in the school. (2) A school district shall submit a school breakfast program plan for each school in the district that is subject to the requirements of paragraph (1) of this subsection. The plan for each school shall be adopted in compliance with, and pursuant to, federal School Breakfast Program requirements, and shall be submitted to the Department of Agriculture by the date required by subsection b. of this section, in a form and manner prescribed by the Secretary of Agriculture. (3) Following the enactment of P.L.2022, c.104 (C.18A:33-3.2 et al.), a school district shall submit a new school breakfast program plan, in accordance with the provisions of section 6 of P.L.2022, c.104 (C.18A:33-10.1), for each school in the district that is subject to the requirements of paragraph (1) of this subsection. A new plan adopted pursuant to this paragraph and section 6 of P.L.2022, c.104 (C.18A:33-10.1) shall supersede any plan previously adopted for the school, pursuant to this section, and the adoption of a new plan under this paragraph and section 6 of P.L.2022, c.104 (C.18A:33-10.1) shall cause the plan previously adopted under paragraph (2) of this subsection to become void and inoperable. b. (1) A school district shall submit a plan, by November 1, 2003, for all grades of each school that has one or more of the grades pre-K through sixth grade and for which a plan is required by paragraph (2) of subsection a. of this section. (2) A school district shall submit a plan, by November 1, 2004, for all grades of each school, other than the schools described in paragraph (1) of this subsection, for which a plan is required by paragraph (2) of subsection a. of this section. c. The Department of Agriculture, in consultation with the Department of Education, shall review each school breakfast plan submitted pursuant to this section and make recommendations, if necessary, regarding how the school breakfast program can operate within the limits of the federal and State reimbursement rates for the federal School Breakfast Program. d. The Department of Agriculture shall notify each school district that submits a school breakfast plan, pursuant to this section, of the completion of the department's review and any recommended changes to the plan, within three months after receipt of the plan, but no later than the February 1 following the date required for submission of the plan pursuant to subsection b. of this section. e. A school district shall establish a school breakfast program in each of its schools, based on the plan submitted pursuant to paragraph (2) of subsection a. of this section, by September 1, 2004 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2005 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section. f. (1) If a school district does not submit a school breakfast plan to the Department of Agriculture, pursuant to paragraph (2) of subsection a. of this section, by the date required by subsection b. of this section, it shall establish a school breakfast program, in each of its schools in which a program is required pursuant to paragraph (1) of subsection a. of this section, based on a model plan provided by the department. (2) The model plan developed by the department, for the purposes of this section, shall include recommendations on how a school breakfast program can operate within the limits of the federal and State reimbursement rates for the federal School Breakfast Program. (3) The Department of Agriculture shall provide the model plan to the school district no later than March 1, 2004 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by March 1, 2005 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section, and the school district shall establish the school breakfast program in each of its schools, based on the model plan, by September 1, 2004 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2005 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section. L.2003,c.4,s.2; amended 2022, c.104, s.5.

N.J. Stat. § 18A:33-10.1 Breakfast program established in schools, certain; plan, form submission.

6. a. (1) Notwithstanding the provisions of section 2 of P.L.2003, c.4 (C.18A:33-10) to the contrary, following the enactment of P.L.2022, c.104 (C.18A:33-3.2 et al.), each public school in the State in which 10 percent or more of the students enrolled in the school on October 1 of the preceding school year were federally eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program shall establish a breakfast program in the school. (2) A school district shall submit, to the Department of Agriculture, a school breakfast program plan for each school in the district that is subject to the requirements of paragraph (1) of this subsection. The plan shall be submitted in a form and manner prescribed by the Secretary of Agriculture and in accordance with the timeframes specified by subsection b. of this section. b. (1) A plan for all grades in each school having one or more of the grades pre-K through sixth grade, shall be submitted by November 1, 2023. (2) A plan for all grades in each school not described in paragraph (1) of this subsection shall be submitted by November 1, 2024. c. The Department of Agriculture, in consultation with the Department of Education, shall review each school breakfast program plan submitted pursuant to this section and make recommendations, if necessary, regarding how the school breakfast program can operate most effectively, in accordance with federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C.18A:33-14a). The Department of Agriculture shall notify each school district of the completion of the department's review and any recommended changes to the plan, within 90 days after receipt thereof. d. A school district shall establish a school breakfast program in each of its schools, based on the plan submitted pursuant to paragraph (2) of subsection a. of this section, by September 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2025 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section. e. (1) If a school district does not submit a school breakfast plan to the Department of Agriculture by the date required by subsection b. of this section, the district shall establish a school breakfast program, in each school for which a plan has not been submitted, based on a model plan provided by the department. (2) The model plan developed by the department, for the purposes of this subsection, shall include recommendations on how a school breakfast program can operate in accordance with federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C.18A:33-14a). (3) The department shall provide the model plan to a school district that is subject to this subsection by March 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by March 1, 2025 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section, and the school district shall establish the school breakfast program in each of its schools, based on the model plan, by September 1, 2024 for schools for which plans are required to be submitted pursuant to paragraph (1) of subsection b. of this section, and by September 1, 2025 for schools for which plans are required to be submitted pursuant to paragraph (2) of subsection b. of this section. f. (1) A school, or a school district acting on behalf of a school in the district, may, in a form and manner prescribed by the Department of Agriculture, apply to the department for a waiver of the breakfast program requirements established pursuant to paragraph (1) of subsection a. of this section. (2) The department shall grant a waiver of the breakfast program requirements established pursuant to paragraph (1) of subsection a. of this section, and shall continue a waiver pursuant to paragraph (4) of this subsection, if the school, or the school district acting on behalf of the school, demonstrates to the department's satisfaction that the provision of a breakfast program at the school will result in financial hardship for either the school or the school district. Conditions under which a waiver may be granted shall include, but need not be limited to, the following: (a) there is a lack of facilities or equipment necessary to offer a school breakfast program at the school, and the acquisition of such facilities or equipment would cause financial hardship to the school or school district; or (b) program participation rates at the school are either too low to allow the program to operate on a cost-effective basis or would cause substantial scheduling difficulties. (3) Not more frequently than biennially, the department may request that updated financial and demographic information be submitted to the department by a school, or by a school district acting on behalf of a school, which has obtained a waiver of school breakfast program requirements pursuant to this subsection. A school or school district, upon such request, shall submit the updated financial and demographic information in a form and manner and within a timeframe prescribed by the department. (4) The department shall rescind a waiver previously granted under this subsection if it determines, based upon its review of updated financial and demographic information submitted pursuant to paragraph (3) of this subsection, that there has been a change in circumstances that has eliminated the financial hardship warranting continuation of the waiver pursuant to paragraph (2) of this subsection. Nothing in this paragraph shall be deemed to prohibit a school or school district from submitting a new waiver application, pursuant to paragraph (1) of this subsection, in one or more years following the rescission of a waiver pursuant to this paragraph. (5) The department shall establish standards and procedures for the filing of waiver applications and the awarding and rescission of waivers pursuant to this subsection. L.2022, c.104, s.6.

N.J. Stat. § 18A:33-11 Implementation of school breakfast program by district.

3. In implementing a school lunch program, pursuant to P.L.1974, c.53 (C.18A:33-4 et seq.), a school breakfast program, pursuant to P.L.2003, c.4 (C.18A:33-9 et seq.) or section 6 of P.L.2022, c.104 (C.18A:33-10.1), or a breakfast after the bell program, 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), each school and school district shall: a. publicize, to parents and students, the availability of the respective school meals program, as well as the various ways in which a student may qualify to receive subsidized school meals under the program, as provided by subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) and subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a); b. make every effort to ensure that students receiving subsidized school meals are not identified, by the student body, faculty, or staff, in a manner that is distinct from the manner in which students receiving unsubsidized school meals are identified as program participants. Such efforts shall include, but need not be limited to, the establishment of a neutral meal plan or voucher system that does not make a distinction between these two groups of students; and c. to the greatest extent practicable: (1) facilitate and expedite the prompt and accurate identification of categorically eligible students who may be certified to receive subsidized school meals without first submitting an application therefor, and, whenever an application is required to establish income eligibility for subsidized meals, encourage students and their families to submit a subsidized school meals application for that purpose; (2) facilitate and expedite the subsidized school meals application and income eligibility determination processes that are used, by the school or school district, to certify a student for subsidized school meals on the basis of income, and assist parents and guardians in completing the subsidized school meals application; and (3) encourage students who are neither categorically eligible nor income-eligible for subsidized school lunch or subsidized school breakfast to nonetheless participate in the school lunch program or school breakfast program, or both, as appropriate, on a paid and unsubsidized basis. L.2003,c.4,s.3; amended 2022, c.104, s.7; 2023, c.336, s.3.

N.J. Stat. § 18A:33-11.1 "Breakfast after the bell" program; report to Governor, Legislature.

1. a. A public school operated by a school district that participates in the federal School Breakfast Program, or a nonpublic school participating in the federal School Breakfast Program, is encouraged to increase the number of students participating in the program by establishing a breakfast after the bell program that incorporates school breakfast into the first-period classroom or the first few minutes of the school day. b. The Department of Agriculture, in consultation with the Department of Education shall: (1) make every effort to assist, guide, and support school districts, public schools, and nonpublic schools in planning, establishing, implementing, or modifying a breakfast after the bell program to increase the number of students, especially the number of students from low-income families and middle-income families, who are participating in each school breakfast program. (2) (Deleted by amendment, P.L.2022, c.104) L.2014, c.66, s.1; amended 2022, c.104, s.8.

N.J. Stat. § 18A:33-11.2 Findings, declarations relative to the "breakfast after the bell" program.

1. The Legislature finds and declares that numerous studies document that childhood hunger impedes learning and can cause lifelong health problems; and that, in New Jersey, tens of thousands of children suffer from hunger each year, with nearly 540,000 students living in low-income families that are federally eligible for free or reduced price school meals. The Legislature further finds and declares that New Jersey schools have made great strides in serving breakfast to more students at the start of the school day, achieving a 73 percent increase since 2010; and that, despite this progress, only 44 percent of low-income students in New Jersey received breakfast through the federal School Breakfast Program, according to the most recent data published by Advocates for Children of New Jersey, meaning that approximately 304,000 low-income students who were already enrolled in the program, as of April 2017, were not served this all-important morning meal. The Legislature further finds and declares that New Jersey law, at section 2 of P.L.2003, c.4 (C.18A:33-10), requires a public school to provide school breakfast to its students if 20 percent or more of the students enrolled in the school on October 1 of the preceding school year were federally eligible for free or reduced price meals; that section 6 of P.L.2022, c.104 (C.18A:33-10.1) expands existing law so as to require a public school to provide school breakfast to students if 10 percent or more of the students enrolled in the school on October 1 of the preceding school year were federally eligible for free or reduced priced meals; that, despite these breakfast program requirements, current law does not specify how breakfast is to be served to students; and that, by requiring high-poverty schools to serve breakfast to students through a breakfast after the bell program, New Jersey schools will reach a much larger percentage of children in need, thereby helping to further their academic success. The Legislature further finds and declares that the federal government reimburses schools for each meal served, and that this expansion can, therefore, be easily accomplished; that, since 2010, the amount of federal school breakfast reimbursements has more than doubled from about $45 million to an anticipated $105 million in fiscal year 2018; and that Advocates for Children of New Jersey estimates that school districts could collect an additional $89 million in federal funds for school breakfast each year if breakfast is served during the first few minutes of the school day. The Legislature, therefore, determines that: it shall be the public policy of the State to help remove a major barrier to learning by providing children the nutrition they need to succeed in school; it is the understanding and the intention of the Legislature to make breakfast an integral part of the school day; and the implementation of breakfast after the bell programs is the most effective way to ensure that all students have the morning nutrition they need to concentrate, learn, and succeed in school. L.2018, c.25, s.1; amended 2022, c.104, s.9.

N.J. Stat. § 18A:33-11.3 Establishment of "breakfast after the bell" program in certain public schools.

2. a. Every public school in which 70 percent or more of the students enrolled in the school on or before the last school day before October 16 of the preceding school year were federally eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program, shall establish a breakfast after the bell program. b. (1) (a) No later than six months following the effective date of P.L.2018, c.25 (C.18A:33-11.2 et seq.), each school district shall submit, to the Department of Agriculture, a plan for the establishment of a breakfast after the bell program for all grades at each of the district's schools that are subject to the requirements of this section. The plan shall comply with the requirements of the federal School Breakfast Program. (b) No later than the first full school year following the submission of the plan, the school district shall establish a breakfast after the bell program in each of its schools that are subject to the requirements of this section, in accordance with the plan submitted pursuant to this paragraph. (2) (a) No later than six months after the effective date of P.L.2022, c.104 (C.18A:33-3.2 et al.), each school district shall submit, to the Department of Agriculture, a revised breakfast after the bell plan for each school in the district that is subject to the requirements of this section. The revised plan shall comply with federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C.18A:33-14a). (b) No later than the first full school year following the submission of a revised plan pursuant to this paragraph, the school district shall modify the breakfast after the bell program operating in each of its schools that are subject to the requirements of this section, as may be necessary to implement the provisions of the revised plan. (3) The Department of Agriculture, in consultation with the Department of Education, shall review each revised plan submitted pursuant to this subsection and make recommendations, if necessary, regarding how a school's breakfast after the bell program can operate most effectively, in accordance with the federal School Breakfast Program requirements and the provisions of section 12 of P.L.2022, c.104 (C.18A:33-14a). The Department of Agriculture shall notify each school district that submits a plan pursuant to this subsection of the completion of the department's review, and of any recommended changes to the plan, within 90 days after receipt thereof. c. Upon application, a school district may be granted a waiver by the Department of Agriculture of the requirements of this section for any school in which more than 70 percent of eligible students received a meal under the school breakfast program during the preceding school year. A school district that requests a waiver shall provide relevant information, as may be required by the Department of Agriculture, to justify the request. d. No later than three months after the effective date of P.L.2018, c.25 (C.18A:33-11.2 et seq.), the Department of Agriculture shall provide each school district with a list of resources that are available for the purposes of this section. L.2018, c.25, s.2; amended 2022, c.104, s.10.

N.J. Stat. § 18A:33-11.5 Guidelines.

4. The Department of Agriculture, in consultation with the Department of Education, shall develop guidelines to facilitate the implementation and operation of breakfast after the bell programs by schools in the State, in accordance with the provisions of section 1 of P.L.2014, c.66 (C.18A:33-11.1), sections 1 and 2 of P.L.2018, c.25 (C.18A:33-11.2 and C.18A:33-11.3), and section 12 of P.L.2022, c.104 (C.18A:33-14a), including, but not limited to, guidelines, consistent with the provisions of section 1 of P.L.2015, c.15 (C.18A:33-21), concerning a school's receipt of payment, from students, for unsubsidized school breakfasts that are served to such students under a breakfast after the bell program. L.2018, c.25, s.4; amended 2022, c.104, s.11; 2023, c.336, s.4.

N.J. Stat. § 18A:33-11.6 Rules, regulations.

5. 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 act. L.2018, c.25, s.5.

N.J. Stat. § 18A:33-11.7 Department of Agriculture, provision of "breakfast after the bell" per meal financial supplement; annual report; funds appropriation.

1. a. The Department of Agriculture, in consultation with the Department of Education, shall provide a 10-cent per breakfast supplement to the existing federal reimbursement to school districts that participate in the federal school breakfast program by providing "breakfast after the bell." b. The Department of Agriculture, in consultation with the Department of Education, shall provide guidance and support to school districts necessary to effectuate the purposes of this act. c. The Department of Agriculture, in consultation with the Department of Education, shall prepare and issue an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the annual cost of the breakfast supplement to the State, and the number of additional students, since the prior year, participating in the "breakfast after the bell" program for each school district. d. The Legislature shall annually appropriate such funds as are necessary to implement this act. L.2021, c.247.

N.J. Stat. § 18A:33-13 Construction of act

5. Nothing in this act shall be construed to prevent a school district not subject to this act from implementing a school breakfast program pursuant to section 2 of this act. L.2003,c.4,s.5.

N.J. Stat. § 18A:33-14 Rules, regulations

6. 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.), concerning the revision of school breakfast plans for schools that have a participation rate of less than 50% of eligible students in a school breakfast program during any year of the program, and other matters necessary to effectuate the purposes of this act L.2003,c.4,s.6.

N.J. Stat. § 18A:33-14a School breakfast, minimum nutritional standards, eligibility.

12. a. (1) School breakfasts made available to students under a school breakfast program or a breakfast after the bell program shall meet minimum nutritional standards, established by the United States Department of Agriculture. (2) Breakfasts that are offered, by a participating school district or nonpublic school, under a school breakfast program or a breakfast after the bell program, shall be made available, free of charge, to all students enrolled in the district or in the nonpublic school, as the case may be, who are 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), the unreimbursed costs of free breakfasts being made available, pursuant to this paragraph, to students who are federally eligible for reduced price breakfast, shall be borne by the State. (3) Notwithstanding any law, rule, or regulation to the contrary, breakfasts offered under a school breakfast program or a breakfast after the bell program shall also be made available, free of charge, to each enrolled student who is determined to be federally ineligible for free or reduced price meals, but who has an annual household income amounting to not less than 186 percent, and not more than 224 percent, of the federal poverty level, as determined pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1). As provided by subsection b. of this section, the unreimbursed costs of free breakfasts being offered to federally ineligible students, pursuant to this paragraph, shall be borne by the State. b. The State shall provide funding to each school that operates a School Breakfast Program or a breakfast after the bell program, as may be necessary to reimburse the costs associated with the school's provision of free breakfasts, pursuant to paragraph (4) of 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 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 participating school district and nonpublic school in the State: (1) the methods that are being used, by each such school or school district, to facilitate the prompt identification and subsidized meals certification of students who are categorically eligible or income-eligible for free or reduced price breakfast under the federal School Breakfast Program; (2) the total number and percentage of students receiving subsidized school breakfasts, in the preceding year, who have been determined to be, respectively, federally eligible for free school breakfast, federally eligible for reduced price school breakfast, income-eligible for free school breakfast on the basis of State-level income eligibility requirements, or neither categorically eligible nor income-eligible for free or reduced price school breakfast; and the number and percentage of all such students who are, respectively, from low-income families and from middle-income families; and (3) the methods that are being used, by each such school and district, to provide breakfast to students under the federal School Breakfast Program, including an indication as to whether breakfast is being provided to students through a breakfast after the bell program. 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.2022, c.104, s.12; amended 2023, c.336, s.5.

N.J. Stat. § 18A:33-14b Findings, declarations.

1. The Legislature finds and declares that: a. Child and adolescent obesity has reached epidemic levels in the United States and poor diet combined with the lack of physical activity negatively impacts students' health and their ability and motivation to learn. b. In New Jersey, the current obesity rate for children and adolescents between the ages of 10 and 17 is 14.8 percent, which is the 28th highest child and adolescent obesity rate in the nation. c. Over the past 15 years, policymakers have taken significant steps to implement new approaches through the National School Lunch Program and federal School Breakfast Program in order to address child and adolescent obesity. d. Federally subsided meal programs, which include the National School Lunch and federal School Breakfast Program, are required to have nutrition standards that meet specific dietary guidelines. These guidelines can help prevent chronic diseases like obesity, heart disease, high blood pressure, and Type 2 diabetes. e. Under the nutrition regulations adopted in July 2012 under the federal "Healthy, Hunger-Free Kids Act of 2010," public schools were required to reduce the amount of calories, fat, and sodium in school cafeterias and increase offerings of whole grains, fruits and vegetables, and nonfat milk to the roughly 32 million students who receive federally subsidized meals. f. Public schools have worked diligently to overcome operational challenges in the National School Lunch and federal School Breakfast Programs created by meeting sodium, whole grain-rich, and milk requirements and, by 2016, at least 90 percent of schools were compliant in every state. g. These stringent nutrition standards have helped to reduce the obesity rate for children and adolescents between the ages of 10 and 17. h. In April 2024, the United States Department of Agriculture adopted a final rule titled "Child Nutrition Programs: Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans" in 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, setting forth changes in child nutrition programs concerning nutrition requirements, menu flexibility, and program operations, to be effective for the 2025-2026 school year unless otherwise phased in. The changes were based on a comprehensive review of the Dietary Guidelines for Americans, stakeholder input on the meal patterns, and lessons from prior rulemaking. i. Pursuant to these federal regulations, 80 percent of weekly grains served must be whole grain-rich. j. The federal regulations also phase in new sodium content mandates and, beginning July 1, 2027, require schools to reduce the lunch meal sodium content by 15 percent and the breakfast meal sodium content by 10 percent. k. The federal regulations also impose new, lower product-based added sugar limits for breakfast cereals, yogurt, and flavored milk, beginning in the 2025-2026 school year. Flavored milk must not contain more than 10 grams of added sugars per eight fluid ounces. Beginning in the 2027-2028 school year, in addition to product based limits, added sugars must be less than 10 percent of calories per week in the school lunch and breakfast programs. l. It is important for public schools in the State to abide by the updated nutrition guidelines in the federal regulations at 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, in order for the State to continue to reduce the obesity rate for children and adolescents. m. These federal regulations provide flexibilities in meeting the standards and are also stricter in various areas. L.2025, c.104, s.1.

N.J. Stat. § 18A:33-14c National School Lunch Program, School Breakfast Program nutrition standards, compliance for participants.

2. a. A public school and a nonpublic school participating in the National School Lunch Program and the federal School Breakfast Program shall comply with the nutrition standards for the National School Lunch Program and federal School Breakfast Program and competitive foods sold in schools established in 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, as required to be implemented by July 1, 2027, as in effect on July 1, 2024, or any other more stringent nutrition standards adopted at the federal level in the future. b. All reimbursable meals under the National School Lunch Program and the federal School Breakfast Program shall comply with the current nutrition standards for the National School Lunch Program and federal School Breakfast Program established in 7 C.F.R. Part 210, Part 215, Part 220, Part 225, and Part 226, as required to be implemented by July 1, 2027, as in effect on July 1, 2024, or any other more stringent nutrition standards adopted at the federal level in the future. c. As used in this section, "competitive foods" means all food and beverage items sold at school other than meals served through the United States Department of Agriculture's school meal programs on the school campus at any time during the school day. L.2025, c.104, s.2.

N.J. Stat. § 18A:33-14.1 Report of nonparticipation in school meal programs.

1. a. (1) Each school district or nonpublic school that participates in the National School Lunch Program or the federal School Breakfast Program shall take steps to maximize the use of federal resources and to minimize the debt that is incurred by families for school meals, 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 participating school districts and nonpublic schools to: (a) promote the prompt and accurate subsidized meals certification of all eligible students enrolled therein, in accordance with the provisions of P.L.2022, c.104 (C.18A:33-3.2 et al.); and (b) identify best practices to maximize the receipt and use of federal resources by the district's schools. (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 to help them improve, simplify, and expedite the subsidized school meals certification process and otherwise reduce the administrative burden on 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. 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) L.2018, c.26, s.1; amended 2022, c.104, s.13; 2023, c.336, s.6.

N.J. Stat. § 18A:33-14.2 Annual review of costs, school meal programs; rules, regulations.

7. a. A school district or nonpublic school that participates in the National School Lunch Program or the federal School Breakfast 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, 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 school district or nonpublic school to comply with minimum nutritional standards and other 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 school breakfast program operating pursuant to this chapter, as necessary to ensure that school meals being served to students 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); (2) develop and publicize best practices, protocols, and model plans to help school districts effectively minimize and offset program costs, as required by this section, without compromising the nutritional value of meals being served to students; and (3) work cooperatively with each participating school district and nonpublic school in the State to: (a) review the costs being expended by the district, and by each participating school, 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 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 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. 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. L.2023, c.336, s.7.

N.J. Stat. § 18A:33-14.3 Working Group on School Food Security.

8. a. Not more than 180 days after the effective date of P.L.2023, c.336 (C.18A:33-14.2 et al.), the Office of the Food Security Advocate, established pursuant to P.L.2021, c.242 (C.52:27J-1 et seq.), shall establish a Working Group on School Food Security to identify and develop best practices, policies, and plans, and to take other appropriate action, to promote and facilitate the effective functioning of the State's school meals programs and the expanded provision, thereunder, of free school meals to students in the State. b. Within one year after its formation pursuant to subsection a. of this section, and on a regular basis thereafter as deemed by the food security advocate to be appropriate, the Working Group on School Food Security shall: (1) conduct a study on school food security issues, in accordance with the provisions of subsection c. of this section, and recommend further State-level action to facilitate the provision of free school meals to enhanced numbers or categories of students in the State; and (2) develop and publish a plan to facilitate and promote the adoption, by the United States Congress and President, of federal legislation authorizing the nationwide provision of free school meals to all students in the country, and providing federal reimbursement for all such meals served by schools and school districts in the states. c. When conducting a school food security study, pursuant to subsection b. of this section, the working group shall be required to determine and identify: (1) the expected annual costs to be expended, by each participating school district and nonpublic school in the State, in providing free school meals to eligible students in accordance with the provisions of this chapter, including the amount by which such costs are expected to increase year-over-year; (2) best practices to ensure the effective provision of school meals to students in the State, including, but not limited to, best practices to facilitate the non-stigmatizing provision of free school meals to all eligible students in the State, best practices to reduce food waste in schools, best practices to improve and facilitate the subsidized school meals application and certification processes that are used to certify students for free meals; and best practices for incentivizing the completion of subsidized school meals applications by parents and guardians of students in the State; (3) policies and practices that have been employed by other states and jurisdictions to facilitate and enhance student access to free school meals in those other jurisdictions, and the extent to which such policies and practices have been successful in achieving their stated goals; and (4) whether, and the extent to which, it would be feasible, beneficial, and fiscally responsible for the Legislature to take action to further expand student eligibility for free school meals under this chapter, following the effective date of P.L.2023, c.336 (C.18A:33-14.2 et al.), and whether, and the extent to which, such expansion of the State's free school meals programs would best be effectuated on an immediate basis, by extending eligibility to all students in the State, or on a phased-in basis, by extending eligibility to gradually increasing numbers and types of students in the State. d. Not more than 60 days after the working group completes a school food security study, pursuant to subsection b. of this section, the working group shall submit, to the Secretary of Agriculture, the Commissioner of Education, the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, a written report of its findings and recommendations from the study, including, at a minimum, its recommendations regarding the appropriate executive, legislative, and other actions, if any, that should be undertaken in the State to ensure the ongoing successful operation of the State's school meals programs, to facilitate the cost-effective provision of free school meals to students who are categorically eligible or income-eligible therefore, as provided by this chapter, and to further expand the categories of students who are eligible for such free school meals under State law. L.2023, c.336, s.8.

N.J. Stat. § 18A:33-15 Findings, declarations relative to food, beverages sold to certain school pupils.

1. The Legislature finds and declares that: a. the federal Centers for Disease Control and Prevention has declared that obesity, which affects 61% of American adults, and childhood obesity, which affects up to 15% of American children between the ages of six and 17, are epidemics in the United States; b. Congress has introduced the Improved Nutrition and Physical Activity Act (IMPACT Act) to address the overall concern with the obesity epidemic and, in particular, the need to educate youth about good nutrition, healthy eating habits, and the importance of physical activity; c. the United States Surgeon General has issued a report entitled "The Surgeon General's Call to Action to Prevent and Decrease Overweight and Obesity," which lists the treatment and prevention of obesity as a national priority, and the United States Department of Agriculture issued a report to Congress in which it recognized that foods without regulated nutrition standards are low in nutrient density and are higher in fat, added sugar, and calories; and d. health experts agree that one of the most effective ways to prevent obesity is to establish policies and programs that encourage children and adolescents to develop healthy eating habits that they can maintain throughout their lives. L.2007,c.45,s.1.

N.J. Stat. § 18A:33-16 Regulation of items sold, served, given away on school property.

2. a. As of September 2007, the following items shall not be served, sold or given away as a free promotion anywhere on school property at any time before the end of the school day, including items served in the reimbursable After School Snack Program: (1) Foods of minimal nutritional value, as defined by the United States Department of Agriculture; (2) All food and beverage items listing sugar, in any form, as the first ingredient; and (3) All forms of candy as defined by the New Jersey Department of Agriculture. b. Schools shall reduce the purchase of any products containing trans fats beginning September 1, 2007. c. As of September 2007, all snack and beverage items, sold or served anywhere on school property during the school day, including items sold in a la carte lines, vending machines, snack bars, school stores and fundraisers, or served in the reimbursable After School Snack Program, shall meet the following standards: (1) Based on manufacturers' nutritional data or nutrient facts labels, no more than eight grams of total fat per serving, with the exception of nuts and seeds, and no more than two grams of saturated fat per serving; (2) All beverages, other than milk containing two percent or less fat, or water, shall not exceed a 12-ounce portion size; and whole milk may not exceed an eight-ounce portion; (3) In elementary schools, beverages shall be limited to milk, water or 100 percent fruit or vegetable juices; (4) In middle and high schools, at least 60 percent of all beverages offered, other than milk or water, must be 100 percent fruit or vegetable juice; and (5) In middle and high schools, no more than 40 percent of all ice cream and frozen desserts shall be allowed to exceed the above standards for sugar, fat and saturated fat. d. Food and beverages served during special school celebrations or during curriculum-related activities shall be exempt from the provisions of this section, with the exception of foods of minimal nutritional value as defined by the United States Department of Agriculture. e. The provisions of this section shall not apply to: (1) Medically authorized special needs diets as defined by the United States Department of Agriculture; (2) School nurses using foods of minimal nutritional value during the course of providing health care to individual students; or (3) Special needs students whose Individual Education Plan indicates a particular diet. L.2007,c.45,s.2.

N.J. Stat. § 18A:33-17 Applicability to certain nonpublic schools.

3. The provisions of this act shall apply to nonpublic schools that participate in the Child Nutrition Programs as defined by the New Jersey Department of Agriculture. L.2007,c.45,s.3.

N.J. Stat. § 18A:33-18 Rules, regulations; compliance monitoring.

4. The Secretary of Agriculture shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to implement the provisions of this act and shall monitor compliance with the provisions of this act. L.2007,c.45,s.4.

N.J. Stat. § 18A:33-19 Nonpreemption of more stringent policies.

5. Nothing in this act shall be construed to prohibit the board of education of a public school district or the governing board or chief school administrator of a nonpublic school from establishing more stringent nutritional policies for students. L.2007,c.45,s.5.

N.J. Stat. § 18A:33-20 Public schools authorized to serve certain produce grown in community gardens.

1. a. As used in this section, "community garden" means public or private land upon which individuals have the opportunity to garden on pieces of land that they do not individually own. b. Consistent with all other applicable laws, a school district may serve to students fresh produce that has been grown in a community garden, provided that: (1) the soil in the community garden has been tested for contaminants and is safe for growing food for student consumption; (2) water sources used for the community garden have been tested for contaminants and are safe for growing food for student consumption; (3) the produce has been handled, stored, transported, and prepared safely and in accordance with applicable federal, State, and local health and sanitation requirements; and (4) such other criteria as determined by the Secretary of Agriculture are met. c. A school district and its employees shall be immune from any civil liability arising from good faith actions in the serving of produce from a community garden in accordance with the requirements of this act. d. The Secretary of Agriculture, in consultation with the State Board of Education, shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act. L.2013, c.249, s.1.

N.J. Stat. § 18A:33-21 Provision of school meals.

1. a. (1) In the event that a participating school district or nonpublic school determines that a student's unsubsidized school breakfast or unsubsidized school lunch bill is in arrears, the participating school district or nonpublic school shall contact the student's parent or guardian to provide notice of the arrearage, and shall provide the parent or guardian with a period of 10 school days to pay the amount due. If the student's parent or guardian has not made full payment by the end of the designated 10-day period, then the participating school district or nonpublic school shall again contact the student's parent or guardian to provide notice of any action to be taken in response to the arrearage. (2) A participating school district or nonpublic school shall report, at least biannually to the Department of Agriculture, the number and percentage of enrolled students who have been denied school breakfast or school lunch on the basis of an unsubsidized meals bill arrearage, pursuant to this section. (3) Nothing in this section shall be construed to: (a) require a participating school district or nonpublic school to deny or restrict the ability of a student to access unsubsidized school breakfast or unsubsidized school lunch, respectively, whenever the student's unsubsidized school breakfast or unsubsidized school lunch bill is in arrears; or (b) authorize a participating school district or nonpublic school to deny or restrict the ability of a student who is income-eligible for subsidized school lunch, but who is not income-eligible for subsidized school breakfast, to continue to access subsidized school lunch whenever the student's unsubsidized school breakfast bill is in arrears. b. A participating school district or nonpublic school shall not: (1) publicly identify or stigmatize a student who cannot pay for an unsubsidized school breakfast or an unsubsidized school lunch, or whose unsubsidized school breakfast or lunch bill is in arrears, for example, by requiring the student to sit at a separate table, to wear a wristband, hand stamp, or identifying mark, or to accept an alternative meal; (2) require a student who cannot pay for an unsubsidized school breakfast or an unsubsidized school lunch, or whose unsubsidized school breakfast or lunch bill is in arrears, to do chores or other work to pay for the unsubsidized school breakfast or unsubsidized school lunch; (3) require a student to discard an unsubsidized school breakfast or an unsubsidized school lunch, after it has been served, either because the student is unable to pay for the unsubsidized breakfast or unsubsidized lunch or because the student's unsubsidized school breakfast or lunch bill is in arrears; (4) prohibit a student, or a sibling thereof, from attending or participating in non-fee-based extracurricular activities, field trips, or school events, from receiving grades, official transcripts, or report cards, or from graduating or attending graduation events, solely because of the student's unresolved breakfast or lunch debt; or (5) require a student's parent or guardian to pay fees or costs in excess of the actual amounts owed for unsubsidized school breakfasts or unsubsidized school lunches, or both, which have been previously served to the student. c. If a student owes money for the equivalent of five or more unsubsidized school meals, the participating school district or nonpublic school shall: (1) (Deleted by amendment, P.L.2022, c.104) (2) determine whether the student is eligible for subsidized school meals, by conducting a review of all available records related to the student, and by making at least two attempts, not including the initial attempt made pursuant to section 16 of P.L.2022, c.104 (C.18A:33-21b1), to contact the student's parent or guardian and have the parent or guardian complete a subsidized school meals application; and (3) require a principal, or a person designated by the principal, to contact the student's parent or guardian to: (a) offer assistance with respect to the completion of the subsidized school meals application; (b) determine whether there are other issues in the household that have caused the student to have insufficient funds to purchase an unsubsidized school breakfast or unsubsidized school lunch, as the case may be; and (c) offer any other appropriate assistance. d. A participating school district or nonpublic school shall direct communications about a student's unsubsidized school meals arrearage to the parent or guardian and not to the student. Nothing in this subsection shall prohibit a participating school district or nonpublic school from sending a student home with a letter addressed to a parent or guardian. e. Notwithstanding the provisions of this section and the provisions of any other law, rule, or regulation to the contrary, a student shall not be denied access to a school meal, regardless of the student's ability to pay or the status of the student's meal arrearages, during any period of time in which the student's participating school district or nonpublic school is making a determination, pursuant to subsection c. of this section, as to whether the student is eligible for, and can be certified to receive, subsidized school meals. L.2015, c.15, s.1; amended 2018, c.27; 2020, c.29, s.2; 2022, c.104, s.14; 2023, c.336, s.9.

N.J. Stat. § 18A:33-21a Short title.

1. Section 1 of P.L.2015, c.15 (C.18A:33-21) and section 16 of P.L.2022, c.104 (C.18A:33-21b1), shall be known and may be cited as the "Hunger-Free Students' Bill of Rights Act." L.2020, c.29, s.1; amended 2022, c.104, s.15.

N.J. Stat. § 18A:33-21b1 Information provided to parent, guardian.

16. 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. L.2022, c.104, s.16; amended 2023, c.203; 2023, c.336, s.10.

N.J. Stat. § 18A:33-21c Provision of meals to homeless students.

4. The school district liaison for the education of homeless children shall coordinate with school district personnel to ensure that a homeless student receives free school meals and is monitored according to the school district's policies. L.2020, c.29, s.4.

N.J. Stat. § 18A:33-21.1 State required to pay difference between federal allocation and total cost of reduced price breakfast, lunch.

1. a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, 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. b. The State shall pay the difference between 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. 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. L.2019, c.445, s.1; amended 2022, c.104, s.17; 2023, c.336, s.11.

N.J. Stat. § 18A:33-22 "Nourishing Young Minds Initiative Fund."

1. a. 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, federal and other grants received by the State, and any other monies made available for the purposes of the fund shall be deposited in the fund. 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. c. Funding shall be prioritized for award to districts or schools with the highest number of eligible students and lowest participation in the school breakfast program. 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. L.2017, c.132, s.1.

N.J. Stat. § 18A:33-23 Notification relative to summer meals program.

1. a. Each school district in the State shall notify each student enrolled in the school district and the student's parent or guardian of the availability of, and criteria of eligibility for, the summer meals program and the locations in the school district where the summer meals are available. The school district shall provide this notification by distributing flyers provided by the Department of Agriculture pursuant to subsection c. of this section. The school district may also provide electronic notice of the information through the usual means by which the school district communicates with parents and students electronically. b. Each nonpublic school in the State shall notify each student enrolled in the school and the student's parent or guardian of the availability of, and criteria of eligibility for, the summer meals program and the locations in the local school district in which the nonpublic school is located or the nonpublic school student resides where the summer meals are available. Each nonpublic school shall provide this notification by distributing flyers provided by the Department of Agriculture pursuant to subsection c. of this section. The school may also provide electronic notice of the information through the usual means by which the school communicates with parents and students electronically. c. The Department of Agriculture shall develop and distribute flyers , no later than June 1 of the school year, to each school district and nonpublic school in the State to implement the requirements of subsections a. and b. of this section. L.2017, c.387, s.1.

N.J. Stat. § 18A:33-24 Implementation of Summer Food Service Program.

1. a. Every school district in which 50 percent or more of the students enrolled in the school district on or before the last school day before October 16 of the preceding school year were federally eligible for free or reduced price meals under the National School Lunch Program or the federal School Breakfast Program, shall: (1) become a sponsor or site under the federal Summer Food Service Program; or (2) apply for a waiver pursuant to section 3 of P.L.2018, c.28 (C.18A:33-26). b. No later than one year after the date of enactment of P.L.2018, c.28 (C.18A:33-24 et seq.), a school district that is required to become a sponsor or site under the Summer Food Service Program, pursuant to subsection a. of this section, shall submit, to the Department of Agriculture, either an application to become a sponsor of the federal Summer Food Service Program or documentation showing that the school district will become a site under an existing and approved sponsor. c. (Deleted by amendment, P.L.2022, c.104) d. A school district that is subject to the requirements of this section shall become a sponsor of the federal Summer Food Service Program or a site under an existing and approved sponsor, no later than two years following the date of enactment of this section. L.2018, c.28, s.1; amended 2022, c.104, s.18.

N.J. Stat. § 18A:33-25 Application.

2. a. Nothing in section 1 of P.L.2018, c.28 (C.18A:33-24) shall be deemed to prohibit a school district from becoming a sponsor or site under the Summer Food Service Program. Any school district that is not subject to the requirements of section 1 of P.L.2018, c.28 (C.18A:33-24), but that wishes to become a sponsor or site under the Summer Food Service Program, shall submit, to the Department of Agriculture, an application to become a sponsor or documentation showing that the school district will become a site under an existing and approved sponsor. b. (Deleted by amendment, P.L.2022, c.104) L.2018, c.28, s.2; amended 2022, c.104, s.19.

N.J. Stat. § 18A:33-26 Waiver.

3. a. The Department of Agriculture may grant a waiver of the requirements of this act to a school district subject to the requirements of this act that lacks the staff, facilities, or equipment to sponsor the federal Summer Food Service Program, or the means to finance the hiring or acquisition of such staff, facilities, or equipment, if a waiver is requested by the school district. The Department of Agriculture also may grant a waiver for one year to a school district if a different sponsor currently runs the federal Summer Food Service Program within the same community. b. A school district that requests a waiver pursuant to subsection a. of this section shall report to the Department of Agriculture, in the manner prescribed by the department, its reasons for requesting a waiver. The report shall include, but need not be limited to, a description of the specific impediments to implementing the program and actions that could be taken to remove those impediments or, where applicable, the identification of the sponsor that currently runs the program within the same community. L.2018, c.28, s.3.

N.J. Stat. § 18A:33-27 Rules, regulations.

4. The Department of Agriculture 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 act. L.2018, c.28, s.4.

N.J. Stat. § 18A:33-27.1 "School Meal Program," development of promotional materials.

1. a. Each school food authority that provides a food service to students enrolled in a participating school district or nonpublic school in the State shall, in the two languages that are most commonly spoken in the homes of students in each participating school served by the school food authority: (1) develop and implement an educational campaign to inform the parents and guardians of such students 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 students who are categorically eligible or income-eligible therefor; and (2) develop promotional materials for the State's school meals programs, and provide copies of the promotional materials to each school that is served by the school food authority in the State, for distribution, by school staff, to the parents and guardians of students enrolled at the school. 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 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 Summer Food Service Program, and other similar summer meals programs, as well as the State's breakfast after the bell programs, established 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 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; (4) emphasize and promote the ability of eligible students to obtain subsidized meals under the State's school meals programs, inform parents and guardians about the various ways in which a student 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 schools and school districts, to certify categorically eligible and income-eligible students for subsidized school meals; (6) highlight and describe the rights that are applicable to students and families in association with a student's 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 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 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 in the State, information concerning the two languages that are most commonly spoken in the homes of students enrolled at each such participating school 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 in each such participating school. d. As used in this section: "School food authority" shall mean the school, school district, or third-party food service vendor, as applicable. L.2019, c.307, s.1; amended 2022, c.103; 2023, c.336, s.12.

N.J. Stat. § 18A:33-27.2 Provision of school meals during period of school closure.

1. a. Whenever a local board of education receives a written directive, from either the New Jersey Department of Health or the health officer of the jurisdiction, instituting a public health-related school closure due to the COVID-19 epidemic, the district having jurisdiction over the closed school shall implement and operate an emergency school meals distribution program during the period of the school closure. An emergency school meals distribution program implemented pursuant to this section shall provide for subsidized school meals to be made available, at meal distribution sites designated pursuant to subsection b. of this section, to all students enrolled in the district who are either categorically eligible or income-eligible therefor. b. In order to facilitate the emergency distribution of subsidized school meals in the event of an emergency public school closure, as described in subsection a. of this section, each school district shall identify one or more school meal distribution sites that are walkable and easily accessible to students in the district. The school district shall collaborate with county and municipal government officials in identifying appropriate distribution sites including, but not limited to: faith-based locations; community centers, such as YMCAs; and locations in the school district where meals are made available through a summer meals program. In a school district that includes high density housing, the district shall make every effort to identify an emergency school meals distribution site in that housing area. c. A school district shall identify students enrolled in the district who are categorically eligible or income-eligible for subsidized school lunch, subsidized school breakfast, or both, and for whom an emergency school meal distribution site, identified pursuant to subsection b. of this section, is not within walking distance. In the case of these students, the school district shall distribute the subsidized school meals to the student's residence or to the student's bus stop along an established bus route, provided that, in the latter case, the student or the student's parent or guardian shall be present at the bus stop to accept the distribution. Distributions made pursuant to this subsection may include up to a total of three school days' worth of food per delivery. d. A school district may use school buses owned and operated by the district to distribute subsidized school meals pursuant to this section. In the case of a school district that does not own and operate its own buses, the district may enter into a contract authorizing another party to engage in the emergency distribution of subsidized school meals, on the district's behalf, pursuant to this section, and any such contract shall be exempt from the public bidding requirements established pursuant to the "Public School Contracts Law," N.J.S.18A:18A-1 et seq. e. A school district shall collaborate, as feasible, with other school districts and with local government units when implementing an emergency meals distribution program, pursuant to this section, in order to promote administrative and operational efficiencies and cost savings. f. School lunches and breakfasts that are made available through an emergency meals distribution program operating pursuant to this section shall be provided to eligible students, free of charge, in accordance with the provisions of subsection a. of section 1 of P.L.1974, c.53 (C.18A:33-4) and subsection a. of section 12 of P.L.2022, c.104 (C.18A:33-14a). L.2020, c.6, s.1; amended 2022, c.104, s.20; 2023, c.336, s.13.

N.J. Stat. § 18A:33-27.4 Costs borne by State.

3. The State shall bear any costs not reimbursed by the federal government which are incurred by the school districts in effectuating the provisions of this act. The State shall maximize the waiver flexibilities being provided by the federal government to address the loss of meals for low-income children due to COVID-19-related school closures. L.2020, c.6, s.3.

N.J. Stat. § 18A:33-27.5 Department of Agriculture, provision of summer per meal financial supplement; annual report; funds appropriation.

1. a. The Department of Agriculture, in consultation with the Department of Education, shall provide a 10-cent per meal supplement to the existing federal reimbursement to operators of the federal summer food service program and the Seamless Summer Option (SSO). b. The Department of Agriculture, in consultation with the Department of Education, shall provide guidance and support to school districts necessary to effectuate the purposes of this act. c. The Department of Agriculture shall prepare and issue an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the annual cost of the summer food service program and the Seamless Summer Option (SSO) supplement to the State per month, and the number of additional students, since the prior year, participating in the summer food service program or the Seamless Summer Option (SSO). d. The Legislature shall annually appropriate such funds as are necessary to implement this act. L.2021, c.246.

N.J. Stat. § 18A:33-28 Posting of information about child abuse hotline.

1. A board of education shall prominently display information about the Department of Children and Families' State Central Registry, a toll free hotline for reporting child abuse, in each school of the district. The information shall give instructions to call 911 for emergencies and shall include directions for accessing the department's website or social media platforms for more information on reporting abuse, neglect, and exploitation. The information shall be in a format and language that is clear, simple, and understandable. The information shall be on a poster and displayed at each school in at least one high-traffic, highly and clearly visible public area that is readily accessible to and widely used by students. L.2019, c.178, s.1.

N.J. Stat. § 18A:33-29 Findings, declarations.

1. The Legislature finds and declares that: a. New Jersey recognizes that access to menstrual products is vital for ensuring the health, dignity, and full participation of all New Jerseyans in public life. b. A lack of access to menstrual products during the school day has a direct impact on a student's academic performance and affects the student's overall educational outcomes. c. Students lacking access to menstrual products experience higher rates of absences and are less able to focus and engage in the classroom when they are present. Absenteeism can lead to significant performance gaps and is linked to social disengagement, feelings of alienation, and adverse outcomes, even well into adulthood. d. Expanding student access to menstrual products can result in increased attendance rates. A pilot program at a New York City high school saw a 2.4 percent increase in attendance in the participating school and subsequently, the state of New York enacted legislation providing free menstrual products to students. e. By providing students with free access to menstrual products, the State can help reduce disparities in education and ensure that students are given the resources and educational access needed to meet their full potential. f. It is the intent of the Legislature that this act provide for the health, dignity, and safety of menstruating students at every socioeconomic level, as well as to help normalize menstruation among all. L.2023, c.147, s.1.

N.J. Stat. § 18A:33-30 Schools, grades six through 12, direct access, menstrual products, free of charge; Department of Education, Department of Health, review, assess, recommendations.

2. a. As used in this section, "menstrual products" mean tampons and sanitary napkins for use in connection with the menstrual cycle. b. A school district shall ensure that students in each school educating students in grades six through 12, or any combination thereof, have direct access to menstrual products in at least 50 percent of female and gender-neutral school bathrooms, if applicable, free of charge. c. Any costs incurred by a school district in providing an adequate supply of menstrual products to meet the needs of its students shall be borne by the State. d. The Department of Education, in conjunction with the Department of Health, shall periodically review and assess whether the provision of free menstrual products pursuant to this act meets the needs of menstruating students, and, if necessary, shall make recommendations regarding the expansion of access to menstrual products to students in grades below grade six. L.2023, c.147, s.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026