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Students who can't pay for school lunch shouldn't be forced to eat something different from the other kids or have to work off the expense, an Arizona lawmaker says.

Sen. Martin Quezada, D-Phoenix, has introduced legislation to ban what he calls "school lunch shaming."

Senate Bill 1036 sets forth seven stipulations regarding how schools must address unpaid meal fees.

The Arizona Department of Education already offers similar guidelines to schools, but Quezada wanted to "take it a step further."

He acknowledged public shaming of students is not a "widespread problem," but he said his bill takes action against bad actors and solidifies the guidelines.

"I really just wanted to codify it into law," said Quezada, who also serves as the vice president of the Pendergast Elementary School District Governing Board.

If it passes, Arizona would be the second state in the nation to ban lunch shaming.

In April, New Mexico passed the "Hunger-Free Students' Bill of Rights." It directed any school that receives federal subsidies to prohibit actions that might call attention to a student that can't pay for a school meal.

In May, Sen. Tom Udall, D-N.M., introduced the Anti-Lunch Shaming Act of 2017 in Congress, which would establish similar requirements for treatment of children unable to pay for lunch. It hasn't progressed any further as of December.

The details

The bill's seven requirements would push districts to re-evaluate their handling of students' outstanding lunch fees, Quezada said.

His bill would:

  • Prohibit shaming, different treatment or the serving of an alternative meal to students with unpaid fees.
  • Forbid any disciplinary treatment that results in the denial or delay of a meal. 
  • Forbid schools from requiring a student to do chores or other work to pay off meal fees.
  • Require schools to notify parents or guardians of a negative school meal account within 10 days. But first, schools must try to enroll a needy student in the federal free or reduced-price meal program or try to help the parent or guardian enroll in the program.
  • Allow schools to try to collect unpaid school meal fees, but would forbid them from using a debt collector.
  • Forbid the indefinite accrual of unpaid fees.
  • Allow schools to set up a fund and collect donations to help pay students' unpaid meal fees. 

Quezada said the first stipulation was included to combat hand stamps or bills pinned to clothing when students can't pay their debts. He said alternative meals also serve as signifiers to other students of a child's unpaid fees.

"A school should be able to discipline appropriately" — but never to affect a student's meal, Quezada said. He wanted to "play it safe" when it comes to students working off fees but hasn't "heard anything specifically."

Quezada said the requirements that schools help families in need sign up for the federal assistance program are intended to educate. 

"A lot of parents are unaware that they are eligible" for free or reduced lunch, the senator said.

As for debt collection and letting unpaid fees build up, Quezada said he isn't trying to let lunches go free indefinitely.

"We're not prohibiting schools from trying to collect debt," he said. "I didn't want to create a process that allowed parents to take advantage of the system."

But he said sending an official debt collector would push economically distressed people into a further "spiral of debt."

Quezada said districts already are able to fundraise, but he said he wanted to allow them to do targeted fundraising for this specific purpose.

Chances of success

Heidi Vega, spokeswoman for the Arizona School Boards Association, said it's too early to speculate about the impact of the bill.

But she did point out the Department of Education's similar guidelines.

"A lot of school districts are already doing that," Vega said.

She did note, however, the specificity of the 10-day window in which schools must notify parents of unpaid fees.

"That would probably be the only thing we'd like to look deeper at," Vega said.

Otherwise, she said, the bill seems to align with the association's goal of creating "an equitable environment." Vega said the enforcement of these rules would require a little bit more manpower but wouldn't negatively affect districts too much.

Quezada said he understands the bill would make it more difficult for schools to collect unpaid debt, but he thinks the result is worth the effort.

"I think any fiscal impact would be minimal," he said.

The Arizona legislative session begins in January. Quezada said he hopes Republican leadership will grant the bill the required public hearings and votes.

"I'm optimistic because I'm not proposing any radical changes here," he said.

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