(a) Each school district shall be required to report to the Department of Health and Social Services [DHSS] on or before November 1 of each calendar year beginning in 2008 the name, eligibility status, family income level, address, and telephone number of each child eligible for free and reduced price meals through programs subsidized by the National School Lunch Program, the School Breakfast Program, or the Special Milk Program for Children.

(b) The information required by subsection (a) of this section shall be provided to the Department on a form and in a manner prescribed by the Department of Health and Social Services.

(c) On or before August 1, 2008, and during each subsequent application or renewal period for free or reduced price meals, each school district shall notify in writing each parent/guardian whose child receives or seeks to receive free or reduced price meals that:

(1) The child’s free or reduced price meal or free milk eligibility information will be disclosed to DHSS unless the parent or guardian elects not to have the information disclosed;

(2) The parent/guardian is not required to consent to the disclosure, and the information, if disclosed, will be used solely to identify children eligible for and seek to enroll children in a free or reduced price health insurance program; and

(3) The parent/guardian’s decision regarding disclosure will not affect the child’s eligibility for free or reduced price meals or free milk.

(d) In connection with the disclosures required by subsection (c) of this section, the school district shall give the parent/guardian an opportunity to elect not to have information disclosed to DHSS.

(e) Prior to August 1, 2008, each school district shall enter into a written, signed agreement with DHSS stating that:

(1) DHSS will be receiving from the school district the names, eligibility status, family income level, address, and telephone number of each child eligible for free and reduced price meals through programs subsidized by the National School Lunch Program, the School Breakfast Program, or the Special Milk Program for Children;

(2) DHSS will use the information received only to seek to enroll children in the State’s CHIP and Medicaid programs;

(3) The information disclosed by the school district will be protected from unauthorized uses and disclosures (with specific steps to protect the information described); and

(4) There are federal criminal penalties associated with unauthorized use or disclosure of the information disclosed by the school district (along with a description of the specific criminal sanctions).

(f) The school districts shall cooperate with DHSS and the Office of the Insurance Commissioner in negotiating the agreements required by subsection (e) of this section, and may seek the assistance of the Insurance Commissioner in developing the form required by subsection (b) of this section.

(g) “School district” as used in this section shall mean school district as defined at § 1002(5) of this title, along with vocational and technical school districts.

76 Del. Laws, c. 241, § 1; 81 Del. Laws, c. 122, § 2.