Bill Text: CA AB1178 | 2023-2024 | Regular Session | Amended
Bill Title: School nutrition: guardian meal reimbursement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB1178 Detail]
Download: California-2023-AB1178-Amended.html
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Amended
IN
Senate
July 03, 2023 |
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Amended
IN
Assembly
May 18, 2023 |
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Amended
IN
Assembly
March 30, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1178
| Introduced by Assembly Member Luz Rivas |
February 16, 2023 |
An act to add Section 49549 to the Education Code, relating to school nutrition.
LEGISLATIVE COUNSEL'S DIGEST
AB 1178, as amended, Luz Rivas.
School nutrition: guardian meal reimbursement.
Existing law requires school districts, county superintendents of schools, and charter schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide 2 school meals free of charge during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service period, as provided. Existing law requires these meals to be nutritiously adequate meals that qualify for federal reimbursement. Existing law conditions these requirements upon an appropriation for these purposes by the Legislature, as specified.
Notwithstanding any other law, existing law requires school districts, county superintendents of schools, and charter schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide
each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday. Existing law defines “schoolday” for these purposes to mean any day that pupils in kindergarten or grades 1 to 12, inclusive, are attending school for purposes of classroom instruction, including, but not limited to, pupil attendance on minimum days, state-funded preschool, transitional kindergarten, summer school including incoming kindergarten pupils, extended school year days, and Saturday school sessions.
This bill would, contingent upon an appropriation for its purposes and to the extent authorized by federal law, require the State Department of Education to establish a process for state reimbursement, adjusted annually for inflation, for federal summer meal program operators, as defined, for meals served to guardians, as defined, of eligible pupils receiving a meal pursuant to a summer meal program, as defined. The bill would require the department to develop
related guidance, as specified, and, if necessary, to apply for a waiver of federal law to secure federal reimbursement for these meals. The bill would require the department to distribute information about the federal Summer Electronic Benefits Transfer for Children Program to guardians whose children are eligible for specified summer food programs. The bill would require a guardian of an eligible pupil to be present at the summer meal program site in order for the summer meal program operator to receive state-funded reimbursement for that meal, unless noncongregate rules are in place. The bill would require participating summer meal program operators to report to the department the number of meals served to guardians by meal site no later than 30 days after the end of summer meal site operations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the California Summer Caregiver Meal Act of 2023.SEC. 2.
(a) The Legislature finds and declares all of the following:(1) No child in California should experience hunger.
(2) While child hunger rates were on the decline in California in recent years, the COVID-19 public health crisis and the related economic recession has increased childhood hunger to historic rates.
(3) Data from the United States Census Bureau’s Household Pulse Survey shows that by March 2022, food insecurity for households with children in California was at 25.8 percent, with deep disparities
for Black and Latino households at 28.7 and 31.2 percent, respectively.
(4) In 2020, California became one of the first states in the country to pass School Meals for All, and starting with the 2022–23 school year, all children in California regardless of income are receiving free breakfast and lunch.
(5) The Seamless Summer Option (SSO) and Summer Food Service Program (SFSP) ensure that children continue to receive nutritious meals when school is not in session. When school is out, SSO and SFSP provide free meals to any child 18 years of age and younger. SSO and SFSP fight hunger over summer months, closing the gap when school lets out.
(6) When a child is food insecure, their caregivers are likely food insecure
too. Yet caregivers who bring their children to summer meal sites cannot join their children in eating a nourishing meal together because of antiquated and burdensome program
rules.
(7) Studies have shown that children who eat with their parents or caregivers consume more fruits and vegetables.
(8) Several summer meal program sites in California have piloted providing meals to caregivers, which have been largely successful in addressing food insecurity for the whole family, providing a bonding opportunity while families share a meal, and encouraging children to eat a nourishing and healthy meal.
(b) It is the intent of the Legislature to enable summer meal program sites to offer nourishing meals to caregivers who bring their children to summer meal sites.
SEC. 3.
Section 49549 is added to the Education Code, immediately following Section 49548.3, to read:49549.
(a) (1) Notwithstanding any other law, and to the extent authorized by federal law, the department shall establish a process for state reimbursement, adjusted annually for inflation, for federal summer meal program operators for meals served to guardians of eligible pupils receiving a meal pursuant to a summer meal program.(2) A guardian of an eligible pupil shall be present at the summer meal program site in order for the summer meal program operator to receive state -funded reimbursement for the meal served to a guardian pursuant to this section, unless noncongregate rules are in place.
(3) Reimbursement under this section shall be limited to one guardian per eligible pupil.
(4) Reimbursement under this section shall commence no earlier than one year after an appropriation is made for its purposes.
(b) The department shall develop guidance for summer meal program operators participating in the federal Summer Seamless Option or the Summer Food Service Program on how to serve guardians a meal at summer meal program sites. The guidance shall be posted on the department’s internet website and shall not be required to be mailed.
(c) The department shall distribute information about the Summer Electronic Benefits Transfer for Children
Program established pursuant to Section 1762 of Title 42 of the United States Code to guardians whose children are eligible for the Summer Seamless Option or the Summer Food Service Program.
(c)
(d) Participating summer meal program operators shall report to the department the number of meals served to guardians by meal site no later than 30 days after the end of summer meal site operations.
(d)
(e) The department shall apply for a waiver of federal law if necessary to secure federal reimbursement for meals served to guardians pursuant to this section.
(e)
(f) This section shall not be interpreted as to require any action by summer meal program operators.
(f)
(g) For purposes of this section, the following definitions apply:
(1) “Eligible pupil” means a pupil who meets the criteria for a meal pursuant to a federal summer meal program.
(2) “Guardian” means a parent, step-parent, grandparent, guardian, or other adult family member or caretaker who is caring for an eligible pupil.
(3) “Summer meal program” includes, but is not necessarily limited to, the federal Summer Food Service Program and the Seamless Summer Option component of the federal National School Lunch Program.
(4) “Summer meal program operators” include, but are not necessarily limited to, a school district, county office of education, charter school, government organization, or nonprofit entity participating in a summer meal program.
(g)
(h) (1) The implementation of this section is contingent upon an appropriation in the annual Budget Act or another statute for these purposes.
(2) Notwithstanding any other law, for each fiscal year in which an appropriation in the annual Budget Act is made for purposes of
this section, that appropriation shall be made from the General Fund and be in addition to funding appropriated for purposes of satisfying the minimum funding requirements pursuant to Section 8 of Article XVI of the California Constitution for that fiscal year.
(3) The amount of an appropriation made for purposes of this subdivision shall be in an amount equal to the estimated number of reimbursable guardian meals provided under this section multiplied by the federal National School Lunch Program or School Breakfast Program meal reimbursement rate for qualified pupil meals under the summer meal program.
