House Bill 1064

AN ACT TO AUTHORIZE A PUBLIC SCHOOL TO CONTRACT WITH A COLLECTION AGENCY FOR THE COLLECTION OF AN OUTSTANDING BALANCE OWED TO THE SCHOOL AS A RESULT OF A CHILD'S PARENTS' NONPAYMENT OF ANY FEES DUE TO THE SCHOOL TO COVER THE COSTS OF THE CHILD'S LUNCH OR SNACKS; TO PROVIDE THAT THE SCHOOL SHALL SEND WRITTEN NOTICE TO THE PARENTS' ADDRESS ON FILE THREE TIMES BEFORE SENDING THE OUTSTANDING BALANCE TO A COLLECTION AGENCY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) This section shall only apply to children who do not qualify for free or reduced lunches under the National School Lunch Program (42 USCS 1751 et seq.).

(2) No public school or public school district may withhold from a child his or her lunch or snacks because of the child's parents' nonpayment of any fee due to the school or school district to cover the cost of the lunch or snacks.

(3) If a child's parents do not pay the fee due to the school or school district to cover the cost of the child's lunch and the child's account becomes past due in an amount greater than Fifteen Dollars ($15.00), the school or school district shall send a written request to the parents' home address on file in an attempt to collect the outstanding balance. If the parents do not remit the outstanding balance to the school or school district within five (5) days, the school or school district shall send written notice again within two (2) days. If the parents do not remit the balance after the second written request, the school or school district shall send a final written request with the disclaimer that if the parents do not remit the outstanding balance owed to the school or school district, the school or school district may transfer the outstanding balance to a collection agency or banking institution.

(4) In order to carry out the provisions of this section, a public school or school district is authorized to contract with a collection agency or banking institution for the collection of any balance due the school or school district from any recipient. The collection agency or banking institution may charge a commercially reasonable service charge for the collection of the debt, which shall be paid by the parents. All monies collected, other than the service charge, shall be reimbursed directly to the school cafeteria program.

SECTION 2. This act shall take effect and be in force from and after July 1, 2016.