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2022 Op. Minn. Att'y Gen. 1 (2022)

handle is hein.sag/sagmn0090 and id is 1 raw text is: 

SCHOOL PUPILS: EXCLUSION: FEES: Minnesota law prohibits schools or districts
participating in the federal school lunch program from providing an alternate meal not on the
scheduled menu to students with unpaid meal debt.
                                                                                     169i
                                                                             (cr.ref. 169x)


                 The Office of
              Minnesota Attorney General Keith Ellison
                 helping people afford their lives and live with dignity and respect - www.ag.state.mn.us



                                   November   17, 2022


Heather Mueller, Ed. D.
Commissioner
Minnesota Department  of Education
400 NE  Stinson Boulevard
Minneapolis, MN  55412

       Re:    Opinion Request  - Alternate Lunches for Student Meal Debt

Dear Commissioner:

       Thank you  for your correspondence requesting an opinion from this Office pursuant to
Minnesota Statutes §§ 8.07 and 120A.10. You request an interpretation of Minnesota law related
to school menus. Specifically, you ask whether a policy of providing a meal that differs from the
scheduled menu  to students with unpaid meal balances violates Minnesota laws that prohibit
differential treatment, lunch shaming or otherwise ostracizing the student for unpaid meal
balances.

       In my opinion, providing an alternate meal based on meal debt violates Minnesota law.

                                    BACKGROUND

       You  indicate that a number of public schools or districts across the state have adopted
policies whereby students with unpaid meal balances are denied lunch items from the scheduled
menu  for the day. Students with unpaid meal balances are provided instead with what schools and
districts refer to as an alternate meal, a minimum meal, or a courtesy meal.

       For example, one district's policy states that students with an overdrawn account will be
offered an alternate meal consisting of a cheese sandwich, piece of fruit and milk. Another
district policy states that until the negative balance is paid students will receive a minimum
meal consisting of a peanut butter or jelly sandwich and milk. Some school policies simply
indicate the alternate meal will meet federal and state requirements.



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