Bill Text: CA AB95 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Student athletes: recruiting: disclosure.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB95 Detail]

Download: California-2009-AB95-Introduced.html

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BILL NUMBER: AB 95	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torlakson

                        JANUARY 6, 2009

   An act to amend Section 49430.5 of the Education Code, relating to
school meals, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 95, as introduced, Torlakson. School meals: reimbursement.
   Existing law requires each school district or county
superintendent of schools maintaining kindergarten or any of grades 1
to 12, inclusive, to provide for each needy pupil one free or
reduced-price meal during the schoolday, as specified. Existing law
establishes the reimbursement rate a school receives for free and
reduced price meals sold or served to pupils.

    This bill would specify that, if the Superintendent of Public
Instruction determines that the appropriation set forth in the Budget
Act of 2008-09 is insufficient to fully fund all free and reduced
price meal reimbursement claims, the State Department of Education
shall notify the Legislature of the statutory funding amount
necessary to reimburse school districts at the prescribed rate. The
bill would appropriate $19,500,000 to reimburse claims pursuant to
those provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated 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) Despite California's commanding role in food cultivation and
production, over five million Californians are hungry, experience
food insecurity, or live in fear of hunger, and many of these
Californians are children.
   (b) As the economy worsens, more families face food insecurity and
stretched household food budgets. Federal food assistance programs,
food banks, food pantries, and the emergency food system cite an
increased demand for their services.
   (c) The United States Department of Labor has reported that the
cost of food at home increased by 6.1 percent in 2008. Families are
struggling with skyrocketing food and other rising living costs that
are placing pressure on already tight budgets.
   (d) Every day in schools across California, millions of children
rely on state and federally subsidized school meals for a significant
portion of their daily nutritional needs.
   (e) Over three million California children participate in the
National School Lunch Program every day, and California's school meal
programs serve more than two out of every five pupils in our state
throughout the year.
   (f) The United States Congress created and expanded our school
meal programs in response to times of economic distress to address
the economy's impact on nutrition, hunger, and the health of our
agricultural communities, and the California Legislature supplements
the National School Lunch program to offset the increased costs of
serving a healthy meal in California.
   (g) Children who consume a school breakfast have better test
scores, better attendance, are tardy less often, and have better
classroom behavior and fewer visits to the nurse's office than
children who do not.
   (h) California schools served a record 770.6 million school meals
in the 2007-08 school year, an increase of 4.5 percent over the prior
school year, despite a slight decline in the number of pupils
enrolled in public schools, and the increase in the number of school
meals served has continued to dramatically accelerate.
   (i) A November 2008 California Department of Education sample
survey has reported a 12 percent increase in school meals served when
compared to September and October 2008.
   (j) The unprecedented demand for school meals in California
indicates how the state's economic downturn is causing many families
in California to turn to nutritious school meals for their children
to prevent hunger.
   (k) The State of California has a responsibility to ensure that
students have access to nutritious meals because hungry children
cannot learn, and proper nutrition for children is a matter of the
highest state priority.
   (l) State law requires school districts in California to provide a
nutritious meal to every eligible student each schoolday.
  SEC. 2.  Section 49430.5 of the Education Code is amended to read:
   49430.5.  (a) The reimbursement a school receives for free and
reduced price meals sold or served to pupils in elementary, middle,
or high schools included within a school district, charter school, or
county office of education shall be twenty-one cents ($0.21).
   (b) To qualify for the reimbursement for free and reduced price
meals provided to pupils in elementary, middle, or high schools, a
school shall follow the Enhanced Food Based Meal Pattern, Nutrient
Standard Meal Planning, or Traditional Meal Pattern developed by the
United States Department of Agriculture or the SHAPE Menu Patterns
developed by the state  , and annually certify that it is in
  compliance with the nutrition standards set forth in
Section 49430.7  .
   (c) The reimbursement rates set forth in this section shall be
adjusted annually for increases in cost of living in the same manner
set forth in Section 42238.1. 
   (d) If the Superintendent determines that the appropriation set
forth in the annual Budget Act is insufficient to fully fund all
eligible reimbursement claims pursuant to subdivision (a), the
department shall notify the Legislature of the statutory funding
amount necessary to reimburse school districts at the rate prescribed
in subdivision (a) for providing nutritious meals to all needy
students. 
  SEC. 3.  The amount of nineteen million five hundred thousand
dollars ($19,500,000) is hereby appropriated to fully fund all free
and reduced price meal reimbursement claims pursuant to Section
49430.5 of the Education Code for the 2008-09 fiscal year.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that pupils in need continue to have access to
nutritious meals to prevent hunger, it is necessary that this act
take effect immediately.