Rutgers Law

New Jersey Statutes, Title: 18A, EDUCATION

    Chapter 33: District to furnish suitable facilities; adoption of courses of study

      Section: 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 either categorically eligible or income-eligible for one or more free or reduced price school meals.

"Emergency meals distribution program" means the 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 school meals to students, through designated distribution sites, during any period in which the schools in the district are 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" 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" 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 free or reduced price lunch under the National School Lunch Program or free or reduced price breakfast under the federal School Breakfast Program.

"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 199 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.

"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, 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 offers daily lunches to all students enrolled in the district.

"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 student" means a categorically eligible student or income-eligible student who, 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), is not required to pay for meals that are served to the student under the National School Lunch Program or the federal School Breakfast Program.

"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.

"Unsubsidized student" means a student who is neither categorically eligible nor income-eligible for free or reduced price school meals, and who is, consequently, required to pay for any such meals that are served to the student under the National School Lunch Program or the federal School Breakfast Program.

L.2022, c.104, s.1.

This section added to the Rutgers Database: 2022-09-23 16:18:53.

Older versions of 18a:33-3.2 (if available):

Court decisions that cite this statute: CLICK HERE.