Bill Text: CA AB3270 | 2019-2020 | Regular Session | Amended


Bill Title: School meals: Breakfast After the Bell Program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on ED. [AB3270 Detail]

Download: California-2019-AB3270-Amended.html

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3270


Introduced by Assembly Member Maienschein

February 21, 2020


An act to amend add Section 1626 of 49550.7 to the Education Code, relating to county offices of education. school meals.


LEGISLATIVE COUNSEL'S DIGEST


AB 3270, as amended, Maienschein. County offices of education. School meals: Breakfast After the Bell Program.
Existing law requires a school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to provide a needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, and authorizes a school district or county office of education to use funds available from any federal program, including the federal School Breakfast Program, to comply with that requirement. Existing law establishes the Breakfast After the Bell Program, administered by the State Department of Education, for the purpose of awarding grants to school districts, charter schools, and county offices of education for schoolsite breakfast after the bell programs that provide breakfast to pupils after the schoolday has begun.
This bill would require the department, upon appropriation by the Legislature in the annual Budget Act or another statute for this purpose, to expend $1,000,000 each year on the Breakfast After the Bell Program. The bill would authorize a local educational agency that participates in the federal School Breakfast Program to apply to the department for a grant of up to $15,000 per schoolsite within its jurisdiction for up to 10 schoolsites for the startup or expansion of a breakfast after the bell program. The bill would require the department, by the commencement of the 2021–22 school year, to 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.

Existing law establishes a system of public elementary and secondary education in this state. Under this system, local educational agencies provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive. Among those local educational agencies are county offices of education, which are assigned numerous duties and responsibilities under existing law.

This bill would make a nonsubstantive change in a provision relating to the budgets of county offices of education.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Having sustained access to enough food is tied to positive social, physical, and mental health outcomes.
(b) The gap between breakfast and lunch participation for the state’s pupils eligible for free or reduced-price meals is staggering. For every 100 pupils eligible for free or reduced-price meals at schools that participate in the National School Lunch Program, only 53 pupils eat school breakfast. This gap in pupil participation is due to a number of barriers, many of which stem from school breakfast being served in the cafeteria before the schoolday begins.
(c) Pupils who begin their day with a healthy morning meal exhibit improved cognitive function, are more attentive, and have better memory recall.
(d) Eating school breakfast can contribute to increased attendance and greater academic achievement.
(e) Despite the central role that school breakfast plays in preparing pupils for the academic rigor of their day, the federal School Breakfast Program is greatly underused.
(f) Given the academic, health, and fiscal benefits of school breakfast programs, all pupils, particularly socioeconomically disadvantaged pupils, should have optimal access to school breakfast programs during the schoolday.

SEC. 2.

 Section 49550.7 is added to the Education Code, to read:

49550.7.
 (a) The Breakfast After the Bell Program is hereby continued in existence and shall be administered by the department.
(b) The department shall, upon appropriation by the Legislature in the annual Budget Act or another statute for this purpose, expend one million dollars ($1,000,000) each year on the Breakfast After the Bell Program in accordance with this section.
(c) A local educational agency that participates in the federal School Breakfast Program may apply to the department for a program grant of up to fifteen thousand dollars ($15,000) per schoolsite within its jurisdiction for up to 10 schoolsites.
(d) 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.
(e) Residential child care institutions, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations within the definition of “school,” and juvenile court schools are not eligible to receive funds under this section.
(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) 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, by the start of the 2021–22 school year, 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.
(h) 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 a 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.

SECTION 1.Section 1626 of the Education Code is amended to read:
1626.

Until the county office of education receives approval of its budget under this article, the county office of education shall continue to operate on the basis of the last budget adopted or revised for the county office of education for the fiscal year immediately preceding the budget year.

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