Bill Text: CA AB1240 | 2015-2016 | Regular Session | Amended
Bill Title: Pupil nutrition: free or reduced-price meals: breakfast.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1240 Detail]
Download: California-2015-AB1240-Amended.html
BILL NUMBER: AB 1240 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2015
AMENDED IN ASSEMBLY APRIL 9, 2015
INTRODUCED BY Assembly Members Bonta and Thurmond
FEBRUARY 27, 2015
An act to amend Section 49550 of the Education Code, relating to
pupil nutrition.
LEGISLATIVE COUNSEL'S DIGEST
AB 1240, as amended, Bonta. Pupil nutrition: free or reduced-price
meals: breakfast.
(1) Existing law requires each school district or county
superintendent of schools maintaining kindergarten or any of grades 1
to 12, inclusive, to provide one nutritionally adequate free or
reduced-price meal for each needy pupil during each schoolday, except
as specified. Existing law authorizes a school district or county
office of education to use funds made available through any
applicable federal or state program or to use its own funds to
provide the required meals.
This bill would express legislative findings and declarations
relating to the federal School Breakfast Program.
The bill, from July 1, 2016, to June 30, 2017, inclusive, would
require each school district or county office of education
maintaining any kindergarten or any of grades 1 to 12, inclusive, to
make a nutritionally adequate breakfast available for all of the
pupils in a school, when at least 40% of the pupils enrolled at the
school are needy children, as defined. On and after July 1, 2017,
these requirements would apply only to schools where at least 40%,
but less than 60%, of the pupils enrolled in that school are needy
children.
The bill, from July 1, 2017, to June 30, 2018, inclusive, with
respect to schools where at least 60% of the pupils enrolled at the
school are needy children, would additionally require these
nutritionally adequate breakfasts to be available to pupils after
instruction has begun for the schoolday, as defined. On and after
July 1, 2018, these requirements would apply only to schools where at
least 60%, but less than 80%, of the pupils enrolled in that school
are needy children.
The bill, on and after July 1, 2018, with respect to schools where
at least 80% of the pupils enrolled at the school are needy
children, would additionally require these nutritionally adequate
breakfasts to be available to pupils, at no cost to the pupil, after
instruction has begun for the schoolday, as defined.
The bill would also specify that these provisions shall not be
construed to require a school to set aside instructional time for the
purpose of serving breakfast.
To the extent that this bill would create new duties for school
districts and county offices of education, it would constitute a
state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Research shows that children who eat breakfast have improved
cognitive function, demonstrate higher academic achievement, exhibit
better behavior, and have healthier diets, as compared to children
who do not eat breakfast.
(b) Research also shows that breakfasts served at school are
generally more nutritious than breakfasts served at home.
(c) Each school day, schoolday, 2.2
million of the state's low-income pupils miss out on the health and
academic benefits of school breakfasts and, in total, 4.3 million of
California's public school pupils miss out on school
breakfast breakfasts each schoolday.
(d) Serving breakfast after the start of the schoolday has been
shown to significantly improve school breakfast participation, yield
fiscal benefits, and improve the learning environment for all pupils
by decreasing absenteeism, tardiness, reports of hunger-related
illness, and disciplinary issues.
(e) The federal School Breakfast Program enables school districts
to draw on federal funds designated to serve low-income pupils. If
the federal School Breakfast Program reached as many low-income
pupils as the federal National School Lunch Program, California's
public schools would receive an additional $344 million in federal
meal reimbursements, providing essential resources to the state's
most vulnerable children.
(f) Fiscal research shows that increasing participation in the
federal School Breakfast Program immediately and positively impacts
the California economy by distributing federal funds to school
districts, increasing local employment, and increasing purchases of
food and equipment.
(g) Given the academic, health, and fiscal benefits of school
breakfasts, high-need schools serving low-income pupils should make
breakfast readily available and accessible during the schoolday.
SEC. 2. Section 49550 of the Education Code is amended to read:
49550. Notwithstanding any other law:
(a) A school district or county office of education maintaining
any kindergarten or any of grades 1 to 12, inclusive, shall provide
for each pupil who is a needy child as defined in Section 49552 one
nutritionally adequate free or reduced-price meal during each
schoolday, except for family day care homes that shall be reimbursed
for 75 percent of the meals served.
(b) In order to comply with subdivision (a), a school district or
county office of education may use funds that are available through
any federal or state program the purpose of which includes the
provision of meals to a pupil, including, but not necessarily limited
to, the federal School Breakfast Program, the federal National
School Lunch Program, the federal Summer Food Service Program, the
federal Seamless Summer Option, or the state meal program, or may do
so at the expense of the school district or county office of
education.
(c) Each school district or county office of education maintaining
any kindergarten or any of grades 1 to 12, inclusive, shall provide
breakfast for its pupils in accordance with the following:
(1) From July 1, 2016, to June 30, 2017, inclusive, if at least 40
percent of the pupils enrolled in a school are needy children as
defined in Section 49552, a nutritionally adequate breakfast shall be
made available to pupils each schoolday. This breakfast may be
offered either for sale or at no cost to the pupils. No pupil shall
be required to consume a meal. Commencing on July 1, 2017, the
requirements of this paragraph shall apply only to schools where at
least 40 percent, but less than 60 percent, of the pupils enrolled in
that school are needy children as defined in Section 49552.
(2) (A) From July 1, 2017, to June 30, 2018, inclusive, if at
least 60 percent of the pupils enrolled in a school are needy
children as defined in Section 49552, the school shall comply with
both of the following requirements:
(i) A nutritionally adequate breakfast shall be made available to
each pupil each schoolday. The school may make this breakfast
available either for sale or at no cost to the pupils. No pupil shall
be required to consume a meal.
(ii) The breakfast provided pursuant to clause (i) shall be
available to pupils after instruction has begun for the schoolday.
(B) On and after July 1, 2018, the requirements of subparagraph
(A) shall apply only to schools where at least 60 percent, but less
than 80 percent, of the pupils enrolled in that school are needy
children as defined in Section 49552.
(3) On and after July 1, 2018, if at least 80 percent of the
pupils enrolled in a school are needy children as defined in Section
49552, the school shall comply with both of the following
requirements:
(A) A nutritionally adequate breakfast shall be made available to
pupils each schoolday. This breakfast shall be offered at no cost to
the pupils. No pupil shall be required to consume a meal.
(B) The breakfast provided pursuant to subparagraph (A) shall be
available to pupils after instruction has begun for the schoolday.
(d) As used in this section, "after instruction has begun for the
schoolday" means after the time the schoolday has begun for a
majority of the pupils enrolled at that school.
(e) This section shall not be construed to require a school to set
aside instructional time for the purpose of serving breakfast.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
