49550.6. (a) The Breakfast After the Bell Program is hereby established and shall be administered by the department. Funding for the program shall be contingent upon
an annual a one-time appropriation by the Legislature in the annual Budget Act.
(b) The objective of the program is to increase the reach and efficiency of school breakfast programs in order to impart related health and academic benefits to pupils, particularly socioeconomically disadvantaged pupils.
(c) The department shall award grants under the program to local educational agencies for programs at schoolsites within the jurisdiction of the local educational agencies.
(d) (1) In awarding grants, the department shall give first priority to local educational agencies that will use the funds to start up or expand a breakfast after the bell program at a schoolsite at which at least 60 percent of enrolled pupils are needy children.
(2) In awarding grants, the department shall give consideration to local educational agencies that meet some or all of the following criteria:
(A) The local educational agency will start up or expand a breakfast after the bell program at a schoolsite at which less
than 20 percent of pupils who are needy children were served by a school breakfast program in the school year before applying for grant funds.
(B) Upon starting up or expanding a breakfast after the bell program at a schoolsite with a grant award, the local educational agency agrees to operate that program for a period of at least three years.
(C) In applying for the grant award, the local educational agency demonstrates preparedness to implement a breakfast after the bell program.
(e) A grant awarded under this section may be used for any costs associated with the startup or expansion of a breakfast after the bell program in accordance with allowable uses of the schoolsite’s cafeteria fund.
(f) Participation in the program shall not prohibit a schoolsite from also making breakfast available to pupils before the schoolday begins for a majority of pupils enrolled at the schoolsite.
(g) The department shall collaborate with stakeholders, including, but not limited to, school food service department
leadership and child nutrition
advocates, experts, in developing the grantmaking process.
(h) To ensure accountability for the effective use of Breakfast After the Bell Program grant funds and to track improvement among schoolsites that receive grant funds relative to schoolsites that do not receive grant funds, the department shall modify existing processes and systems used to collect schoolsite-level data about school nutrition programs in order to collect data about school breakfast service models at each schoolsite operating a school breakfast program.
(i) For purposes of this section, the
following definitions apply:
(1) “Breakfast after the bell program” means a schoolsite providing a nutritionally adequate breakfast that is available to pupils after the schoolday has begun for a majority of pupils enrolled at the schoolsite and allowing pupils to consume that breakfast after the schoolday has begun for a majority of pupils enrolled at the schoolsite.
(2) “Cafeteria fund” means the nonprofit school food service account, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations.
(3) “Local educational agency” means a school district,
charter school, or county office of education.
(4) “Nutritionally adequate breakfast” has the same meaning as described in subdivision (a) of Section 49553.