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--- version:First - Community Eligibility Provision Expansion Program - Establishment+++ version:(document, no version)@@ -1,122 +1,199 @@-EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.- [Brackets] indicate matter deleted from existing law.- *sb0586*+ SB 586+Department of Legislative Services+Maryland General Assembly+2026 Session-SENATE BILL 586-F1 6lr1403-SB 769/25 – B&T & EEE CF HB 704-By: Senator Guzzone-Introduced and read first time: February 5, 2026-Assigned to: Budget and Taxation and Education, Energy, and the Environment+FISCAL AND POLICY NOTE+First Reader+Senate Bill 586 (Senator Guzzone)+Budget and Taxation and Education, Energy,+and the Environment-A BILL ENTITLED+Community Eligibility Provision Expansion Program - Establishment-AN ACT concerning 1+This bill establishes a Community Eligibility Provision (CEP) Expansion Program+administered by the Maryland State Department of Education (MSDE). The program+provides funding to eligible schools that participate in the federal CEP. The State must pay+the difference between the applicable federal paid reimbursement rate and the federal free+reimbursement rate for school meal programs. Funding complements, but does not replace,+federal CEP funding. Beginning with fiscal 2028, the Governor must include $10.0 million+in the annual budget bill for the program. MSDE must develop a process for local boards+of education to participate in the program based on funding availability. The bill takes+effect July 1, 2026.-Community Eligibility Provision Expansion Program – Establishment 2+Fiscal Summary-FOR the purpose of establishing the Community Eligibility Provision Expansion Program 3-in the State Department of Education to provide funding to eligible schools that 4-participate in the federal community eligibility provision of the child nutrition 5-programs; and generally relating to the Community Eligibility Provision Expansion 6-Program. 7+State Effect: General fund expenditures increase by $10.0 million annually beginning in+FY 2028. Revenues are not affected. This bill establishes a mandated appropriation+beginning in FY 2028.-BY adding to 8- Article – Education 9-Section 7–606 10- Annotated Code of Maryland 11- (2025 Replacement Volume and 2025 Supplement) 12+($ in millions) FY 2027 FY 2028 FY 2029 FY 2030 FY 2031+Revenues $0 $0 $0 $0 $0+GF Expenditure 0 10.0 10.0 10.0 10.0+Net Effect $0.0 ($10.0) ($10.0) ($10.0) ($10.0)+Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13-That the Laws of Maryland read as follows: 14+Local Effect: Local school systems receive the majority of $10.0 million annually,+beginning in FY 2028, after accounting for MSDE administrative costs under the program.+To the extent CEP participation increases, federal funding for school meals may increase+substantially. Local school system expenditures increase correspondingly to any revenues.-Article – Education 15+Small Business Effect: None.-7–606. 16+SB 586/ Page 2+Analysis- (A) IN THIS SECTION , “PROGRAM” MEANS THE COMMUNITY ELIGIBILITY 17-PROVISION EXPANSION PROGRAM. 18+Bill Summary: MSDE must (1) ensure that program funding is distributed based on the+concentration of poverty in public schools within a local school board jurisdiction;+(2) consider geographic diversity in prioritizing funding; and (3) distribute funds to eligible+local boards. It is the intent of the General Assembly that the State, each local board of+education, and participating nonpublic schools maximize the use of all available federal+and State funds in carrying out requirements of the program. Beginning July 1, 2027,+MSDE must annually report to the General Assembly on the status and outcomes of the+program and the amount of school meal debt incurred by students, disaggregated by the+individual school, and how the local school system resolved the debt. However, t he bill+does not specify intended program outcomes.- (B) THERE IS A COMMUNITY ELIGIBILITY PROVISION EXPANSION 19-PROGRAM IN THE DEPARTMENT. 20+If any schools within a local school system are eligible to participate in the federal CEP+due to an identified student percentage (ISP) of 25% or greater, but elect not to participate,+the local school system must include specified information in the annual report. The+annual report must be published to MSDE’s website in a specified searchable and+downloadable format.- (C) THE DEPARTMENT SHALL ADMINISTER THE PROGRAM. 21+Current Law:- (D) (1) THE PURPOSE OF THE PROGRAM IS TO PROVIDE FUNDING IN 22-2 SENATE BILL 586+Federal School Nutrition Programs and Reimbursement Rates-ACCORDANCE WITH PARA GRAPH (2) OF THIS SUBSECTION T O ELIGIBLE SCHOOLS 1-THAT PARTICIPATE IN THE FEDERAL COMMUNITY ELIGIBILITY PROVISION OF THE 2-CHILD NUTRITION PROGRAMS. 3+The School Breakfast Program and the National School Lunch Program are federally+assisted meal programs for schools. The School Breakfast Program subsidizes public and+participating nonprofit private schools of high school grade or lower and participating+residential child care institutions for breakfast meals served to children. Similarly, the+National School Lunch Program subsidizes public and participating nonprofit private+schools of high school grade or lower and participating residential child care instit utions+for lunches served to children. In both programs, federal funds pass through MSDE to+participating schools and institutions. Information on federal reimbursement rates can be+found here.- (2) THE STATE SHALL PAY THE D IFFERENCE BETWEEN TH E 4-APPLICABLE FEDERAL P AID REIMBURSEMENT RA TE AND THE FEDERAL F REE 5-REIMBURSEMENT RATE , AS SET ANNUALLY BY T HE U.S. SECRETARY OF 6-AGRICULTURE UNDER 42 U.S.C. § 1759A. 7+Community Eligibility Program- (3) THE FUNDING PROVIDED UNDER THE PROGRAM IS INTENDED TO 8-COMPLEMENT AND NOT R EPLACE FEDERAL FUNDS RECEIVED UNDER THE 9-COMMUNITY ELIGIBILITY PROVISION OF THE CHILD NUTRITION PROGRAMS. 10+The Healthy, Hunger-Free Kids Act of 2010, in part, amended the federal National School+Lunch Act to provide an alternative to household applications for free or reduced priced+meals (FRPM) in h igh-poverty local school system and schools. This alternative is CEP.+To be eligible, local school systems and schools must meet a minimum level of students+directly certified for free meals – the ISP – which must be at least 25% of enrollment in the+year prior to implementing the option, agree to serve free lunches and breakfasts to all+students, and agree to cover with nonfederal funds any costs of providing free meals to all- (E) THE DEPARTMENT SHALL: 11+SB 586/ Page 3+students above amounts provided in federal assistance. Identified students inclu de those+who qualify for free meals without an application, such as children from households+receiving Supplemental Nutrition Assistance Program or Temporary Assistance for Needy+Families benefits, foster children, homeless students, migrant students, and others+categorically eligible.- (1) DEVELOP A PROCESS FOR COUNTY BOARDS TO PARTICIPAT E IN 12-THE PROGRAM BASED ON FUNDING AVAILABILITY; 13+Reimbursement is based on claiming percentages derived from the percentage of students+directly certified as increased by use of a multiplier determined by the U.S. Department of+Agriculture (USDA), which has been set at 1.6 since the inception of CEP. A local school+system may choose to participate in CEP for all schools in a local school system or only+some schools, depending on the eligibility districtwide and of the individual schools and+financial considerations based on the anticipated level of federal reimbursement and other+nonfederal support that may be available. For example, a school with a 25% student+eligibility ISP, yields federal support for the equivalent of 40% (25% multiplied by 1.6),+leaving an additional 60 % to be covered outside of the federal CEP program. More+information on CEP can be found on the USDA website.- (2) ENSURE THAT PROGRAM FUNDING IS DI STRIBUTED BASED ON 14-THE CONCENTRATION OF POVERTY IN PUBLIC SCHOOLS WITHIN THE JURISDICTION 15-OF EACH COUNTY BOARD; 16+Maryland Meals for Achievement- (3) CONSIDER GEOGRAPHIC D IVERSITY IN DETERMINING FUNDI NG 17-PRIORITIZATION; AND 18+Maryland Meals for Achievement (MMFA) is a joint effort of MSDE and local boards of+education or sponsoring agencies for eligible nonpublic schools. MMFA provides funding+for schools that make an in -class (with exceptions for “Grab and Go” meals) breakfast+available to all students enrolled in schools in which 40% or m ore of the students qualify+for FRPMs. A school that , for one year , falls below the 40% FRPM student population+eligibility threshold is eligible for MMFA funding in that year. However, the school is no+longer eligible for MMFA funding if its percentage of students falls below 40% in a+second consecutive year. Under Chapter 628 of 2023, the Governor must include in the+annual budget bill $12.05 million for MMFA. Accordingly, the fiscal 2027 budget as+introduced includes $12.05 million in general funds for MMFA.- (4) DISTRIBUTE FUNDS TO ELIGIBLE COUNTY BOARDS. 19+Maryland Cares for Kids Act- (F) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR THEREAFTER, THE 20-GOVERNOR SHALL INCLUD E AN APPROPRIATION O F $10,000,000 IN THE ANNUAL 21-BUDGET BILL FOR THE PROGRAM. 22+Under the Maryland Cares for Kids Act (Chapter 560 of 2018), the State is responsible for+the student share of the costs of (1) reduced -price breakfasts provided under the federal+School Breakfast Program by fiscal 2022 and (2) reduced-price lunches provided under the+National School Lunch Program by fiscal 2023. A local board of education or participating+nonpublic school is prohibited from charging a student who is eligible for a reduced ‑price+breakfast or a reduced -price lunch, for any portion of the cost of a meal. The+fiscal 2027 budget as introduced includes $1.9 million in general funds for this+reduced‑price meals program.- (G) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE STATE, EACH 23-COUNTY BOARD, AND PARTICIPATING NONPUBLIC SCHOOLS MAXIMIZE THE USE OF 24-ALL AVAILABLE FEDERAL AND STATE FUNDS IN CARRYING OUT THE REQUIREMENTS 25-OF THE PROGRAM. 26+SB 586/ Page 4+State Expenditures: Despite the bill’s effective date, this analysis assumes that+expenditures commence in fiscal 2028 (July 1, 2027). General fund expenditures increase+by $10.0 million annually beginning in fiscal 2028, given the $10.0 million annual funding+mandate under the bill and assuming MSDE administrative costs, as described below.- (H) (1) ON OR BEFORE JULY 1, 2027, AND EACH JULY 1 THEREAFTER, 27-THE DEPARTMENT SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE 28-WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE PROGRAM. 29+This estimate reflects the cost of hiring a half‑time (50%) staff specialist within MSDE’s+Office of School and Community Nutrition Programs to administer the reporting+requirement and coordination activities resulting from the appropriation, as well as $10,000+in annual contractual costs to cover claiming and reporting system enhancements. It+includes a half-time salary, fringe benefits, one-time start-up costs, and ongoing operating+expenses.- (2) THE REPORT REQUIRED U NDER THIS SUBSECTION SHALL 30-INCLUDE THE FOLLOWING INFORMATION FROM EACH LOCAL SCHOOL SYSTEM: 31+Position 0.5+Grants to Public Schools $9,924,690+Salary (50%) and Fringe Benefits 56,849+Contractual Expenses 10,000+Other Expenses 8,461+Total FY 2028 State Expenditures $10,000,000- SENATE BILL 586 3+Future year expenditures reflect annual increases and employee turnover as well as+annual increases in ongoing operating expenses.- (I) THE STATUS AND OUTCOMES OF THE PROGRAM; AND 1+Local Fiscal Effect: Beginning in fiscal 2028, local school systems receive the majority+of $10.0 million annually provided for the program, after accounting for MSDE costs+described above. Local school system expenditures increase accordingly.- (II) THE AMOUNT OF SCHOOL MEAL DEBT INCURRED B Y 2-STUDENTS, DISAGGREGATED BY THE INDIVIDUAL SCHOOL, AND HOW THE LOCAL 3-SCHOOL SYSTEM RESOLVED THE DEBT. 4+The bill appears to establish a funding formula mandate with respect to federal government+reimbursement rates, yet also provides MSDE with considerable discretion as to ho w+funding is prioritized and distributed. The bill also requires MSDE to develop a process for+local boards to participate in the program, based on funding availability. Because it is not+certain what specifically this process will entail, an estimate of p rogram funding by local+school system cannot be determined at this time. However, it is assumed that schools and+school systems that participate in CEP, with a CEP claiming percentage below 100%, will+benefit under the bill because federal funding does not cover the entire federal free meal+reimbursement for these schools and school systems.- (3) IF ANY SCHOOLS WITHIN A LOCAL SCHOOL SYSTEM ARE ELIGIBLE 5-TO PARTICIPATE IN THE PROGRAM DUE TO AN IDENTIFIED STUDENT PERCENTAGE 6-OF 25% OR GREATER, BUT ELECT NOT TO PARTICIPATE, THE LOCAL SCHOOL SYSTEM 7-SHALL INCLUDE THE FOLLOWING INFORMATION IN THE REPORT REQUIRED UNDER 8-THIS SUBSECTION: 9+Information on the number of CEP schools by county can be found on the MSDE website.+Eight local school systems in Maryland participate in federal CEP systemwide, including+Baltimore City, and Allegany, Baltimore, Caroline, Dorchester, Kent, Somerset, and+Wicomico counties. School year 2025-2026 data indicates that 709 schools (about 50% of+all public schools), including the SEED school, are CEP sites.- (I) THE REASONS THE SCHOOL ELECTED NOT TO PARTICIPATE 10-IN THE PROGRAM; 11+SB 586/ Page 5+Maximizing the use of all available federal funds likely results in increased CEP+participation for school systems that do not already participate districtwide, and t hus+substantially increased federal funds.- (II) AN ESTIMATE OF THE NE T COST OR SAVINGS TO THE 12-SCHOOL IF THE SCHOOL HAD ELECTED TO PARTICIPATE IN THE PROGRAM; 13+Additional Comments: This analysis assumes that required reporting by local school+systems regarding decisions not to participate in the program relates to federal CEP+participation, and not to the CEP Expansion Program established by the bill.- (III) THE PROJECTED COST OF OPERATING THE PROGRAM IN 14-THE SCHOOL; AND 15+Additional Information- (IV) THE ANTICIPATED AMOUN T OF FEDERAL 16-REIMBURSEMENTS ASSOCIATED WITH PARTICIPATION IN THE PROGRAM. 17+Recent Prior Introductions: Similar legislation has been introduced within the last+three years. See HB 1254 and SB 769 of 2025.- (4) THE DEPARTMENT SHALL PUBL ISH THE REPORT REQUI RED 18-UNDER THIS SUBSECTION ON ITS WEBSITE IN A SEARCHABLE AND DOWNLOADABLE 19-FORMAT, DISAGGREGATED BY LOCAL SCHOOL SYSTEM AND INDIVIDUAL SCHOOL. 20+Designated Cross File: HB 704 (Delegate Palakovich Car r, et al.) - Appropriations and+Ways and Means.- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21-1, 2026. 22+Information Source(s): Anne Arundel County Public Schools; Frederick County+Public Schools; Prince George’s County Public Schools; Wicomico County+Public Schools; Department of Budget and Management; Maryland State Department of+Education; Department of Legislative Services++Fiscal Note History: First Reader - February 18, 2026+ jg/clb++Analysis by: Scott P. Gates Direct Inquiries to:+(410) 946-5510+(301) 970-5510
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