H.R. 1539House118th Congress (2023-2025)In Committee

To amend the Richard B. Russell National School Lunch Act to require schools to provide fluid milk substitutes upon request of a student or the parent or guardian of such student, and for other purposes.

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Updated January 20, 2026 at 4:44 AM UTC

This bill changes the National School Lunch Act to make it mandatory for schools to offer fluid milk alternatives when a student or the student’s parent or guardian asks for one. It applies to all public schools that participate in the school lunch program and affects students who need or prefer a milk substitute, regardless of the reason. The changes also tie the type of substitute to the latest Dietary Guidelines for Americans.

Key Provisions

Changes the language from “may” to “shall,” making the provision of milk substitutes a required action for schools
Specifies that the substitute must meet the most recent Dietary Guidelines for Americans
Removes the previous limitation that only students with medical or special dietary needs (excluding certain disabilities) could request a substitute
Eliminates the requirement for schools to notify the state agency and to obtain a written statement from a medical authority; instead, a request can be made by the student or a parent/guardian
Strikes out the previous clause (iii) of the regulation, further simplifying the requirements

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on Education and the Workforce.

Education and Workforce Committee

March 10, 2023

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HouseIntro Referral

Introduced in House

March 10, 2023

HouseIntro Referral

Referred to the House Committee on Education and the Workforce.

Education and Workforce Committee

March 10, 2023

Bill Text

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Introduced in HouseIssued March 10, 2023

118th CONGRESS

1st Session

H. R. 1539

IN THE HOUSE OF REPRESENTATIVES

March 10, 2023

Mr. Carter of Louisiana introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the Richard B. Russell National School Lunch Act to require schools to provide fluid milk substitutes upon request of a student or the parent or guardian of such student, and for other purposes.

Fluid milk substitutes

Section 9(a)(2)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)(B)) is amended—

(1)

in clause (i)—

(A)

by striking may and inserting shall;

(B)

by striking and meets and inserting as determined by the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) or that meets; and

(C)

by striking for students who cannot consume fluid milk because of a medical or other special dietary need other than a disability described in subparagraph (A)(iii);

(2)

in clause (ii)—

(A)

by striking may and inserting shall;

(B)

by striking the school notifies the State agency and all that follows through if the substitution is;

(C)

by striking by written statement of a medical authority or;

(D)

by inserting student or a after by a; and

(E)

by striking that identifies the medical or other special dietary need that restricts the student’s diet; and

(3)

by striking clause (iii).