Amended  IN  Senate  August 24, 2022
Amended  IN  Senate  August 01, 2022
Amended  IN  Senate  June 28, 2022
Amended  IN  Senate  May 10, 2022
Amended  IN  Assembly  January 03, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 558

Introduced by Assembly Members Nazarian, Kalra, Quirk-Silva, and Luz Rivas
(Coauthor: Assembly Member Bloom)

February 11, 2021

An act to add Article 7.5 (commencing with Section 49495) to Chapter 9 of Part 27 of Division 4 of Title 2 of, and to add and repeal Section 49496 of, of the Education Code, relating to school meals.


LEGISLATIVE COUNSEL'S DIGEST


AB 558, as amended, Nazarian. School meals: Child Nutrition Act of 2022.
Existing law requires each school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, and each charter school to provide for each needy pupil 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 sets the reimbursement rates for free or reduced-price meals served to needy pupils at specified amounts. Existing law generally requires a school district or a county superintendent of schools to provide breakfast and lunch free of charge to all pupils at a very high poverty school, as defined.
This bill would require the State Department of Education Education, in consultation with the State Department of Social Services, to develop, and to post on its internet website by July 1, 2023, guidance for local educational agencies participating in the federal School Breakfast Program that maintain kindergarten or any of grades 1 to 6, inclusive, on how to serve eligible nonschoolaged children breakfast or a morning snack at a local educational agency schoolsite. The bill would define “eligible nonschoolaged child” to mean a child who is not enrolled in school and who is a sibling, half sibling, or stepsibling of, or a foster child residing with, a pupil who is eligible for a free or reduced-price breakfast. The bill would require a guardian of an eligible nonschoolaged child to be present in order for the nonschoolaged child to receive breakfast or a morning snack. The bill would require the department to evaluate the guidance and to submit the evaluation to the Legislature by January 1, 2025. The bill would require a local educational agency that chooses to implement the department’s guidance to submit to the department certain information relating to serving breakfast and morning snacks to nonschoolaged children.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 This act shall be known, and may be cited, as the Child Nutrition Act of 2022.

SEC. 2.

 The Legislature finds and declares all of the following:
(a) The federal School Breakfast Program is a federally funded program that assists public schools in providing nutritious breakfasts for free or at a reduced price to pupils enrolled in schools.
(b) The federal Child and Adult Care Food Program provides federal reimbursement to eligible institutions for nutritious meals and snacks served to eligible children and adults.
(c) Many children in California do not eat breakfast on a regular basis because their families cannot afford enough food.
(d) Studies have shown that children whose nutritional needs are met throughout the day have fewer discipline problems and their ability to learn is enhanced.
(e) With the knowledge of the harm caused to children when they go hungry, and research showing the negative correlation between brain development and hunger, the state should be optimizing every opportunity to prevent hunger for young children.

SEC. 3.

 Article 7.5 (commencing with Section 49495) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read:
Article  7.5. Breakfast and Morning Snacks for Nonschoolaged Children

49495.
 (a) The department shall shall, in consultation with the State Department of Social Services, develop guidance for local educational agencies participating in the federal School Breakfast Program that maintain kindergarten or any of grades 1 to 6, inclusive, on how to serve eligible nonschoolaged children breakfast or a morning snack at a local educational agency schoolsite.
(b) The guidance shall highlight opportunities to maximize federal reimbursement through the federal School Breakfast Program and the federal Child and Adult Care Food Program.
(c) A guardian of an eligible nonschoolaged child shall be present at the local educational agency schoolsite in order for the nonschoolaged child to receive breakfast or a morning snack at the schoolsite pursuant to this section.
(d) The department shall shall, in consultation with the State Department of Social Services, develop the guidance in a manner that does not jeopardize federal funding for school meal programs and that maximizes federal meal reimbursement.
(e) The department shall post the guidance on its internet website by July 1, 2023. The department is not required to mail the guidance to local educational agencies.
(f) This section does not require a local educational agency to take any action.

49496.

(a)The department shall evaluate the guidance developed and posted pursuant to Section 49495 and the impact of the guidance on local educational agency breakfast programs. The department shall submit the evaluation to the Legislature by January 1, 2025, in compliance with Section 9795 of the Government Code.

(b)A local educational agency that chooses to implement the department’s guidance shall submit to the department the applicable information specified in subdivision (c) and any other relevant information the department requires in a manner determined by the department.

(c)The evaluation shall include, but is not necessarily limited to, all of the following:

(1)A copy of the posted guidance.

(2)The number of local educational agencies that started to serve breakfast or morning snacks to eligible nonschoolaged children.

(3)Local educational agency evaluations of federal meal reimbursement and payments to the local educational agency.

(4)The number of breakfasts and morning snacks provided by each local educational agency.

(5)The total number of eligible nonschoolaged children that received breakfast or a morning snack.

(6)Any issues that occurred during implementation of this article that require budget-related or legislative action or oversight.

(d)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2029.

49497.49496.
 For purposes of this article, the following definitions apply:
(a) “Eligible nonschoolaged child” means a child who is not enrolled in school and who is a sibling, half sibling, or stepsibling of, or a foster child residing with, a pupil who meets the federal eligibility criteria for a free or reduced-price breakfast at a local educational agency participating in the federal School Breakfast Program that maintains kindergarten or any of grades 1 to 6, inclusive.
(b) “Guardian” means a parent, stepparent, grandparent, or other adult family member or caretaker who is caring for an eligible nonschoolaged child.
(c) “Local educational agency” means a school district, county office of education, or charter school.