The Minnesota Department of Education (MDE) applauded Attorney General Keith Ellison’s opinion that all students are entitled to the same healthy, full school meal, regardless of lunch debt. Commissioner Heather Mueller had asked the Attorney General for clarification after receiving reports that a number of public schools or districts across Minnesota had 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.”

The Legal Services Advocacy Project (LSAP) requested that the MDE investigate and consult the Attorney General after surveying more than 330 Minnesota school districts earlier this year. LSAP found that 124 policies appeared to violate the Minnesota law that banned lunch shaming in July 2021. Legislation that LSAP, Hunger Solutions MN, and others had worked hard to help enact.

Under Minnesota law, the Commissioner of Education may request a formal opinion of the Attorney General on "any question arising under the laws relating to public schools." Once issued, the Attorney General's opinion is binding unless a court rules otherwise.

The opinion took effect immediately (Nov. 17, 2022) and MDE has notified school districts to immediately implement a policy that all students be offered the same meals regardless of meal debt.

"This is an important step forward for our students and our families," said Education Commissioner Mueller in MDE’s press release. "Differential treatment, lunch shaming or otherwise demeaning or stigmatizing the student for unpaid meal balances must not continue. We will continue to work to ensure all schools have the resources so all children have access to free meals while at school." More information is available in the Attorney General's opinion.