New Mexico Statutes Chapter 22. Public Schools § 22-13C-4. Requirement to provide meals and ensure that eligible students are enrolled

A. Regardless of whether or not a student has money to pay for a meal or owes money for earlier meals, a school:

(1) shall provide a United States department of agriculture reimbursable meal to a student who requests one, unless the student's parent or guardian has specifically provided written permission to the school to withhold a meal;  and

(2) shall not require that a student throw away a meal after it has been served because of the student's inability to pay for the meal or because money is owed for earlier meals.

B. If a student owes money for five or more meals, a school shall:

(1) check the state list of students categorically eligible for free meals to determine if the student is categorically eligible;

(2) make at least two attempts, not including the application or instructions included in a school enrollment packet, to reach the student's parent or guardian and have the parent or guardian fill out a meal application;  and

(3) require a principal, assistant principal or counselor to contact the parent or guardian to offer assistance with a meal application, determine if there are other issues within the household that have caused the child to have insufficient funds to purchase a school meal and offer any other assistance that is appropriate.

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