Bill Text: CA SB348 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Pupil meals.

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 600, Statutes of 2023. [SB348 Detail]

Download: California-2023-SB348-Amended.html

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Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 348

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Introduced by Senator Skinner
(Coauthors: Senators Archuleta, Gonzalez, Hurtado, Ochoa Bogh, and Wahab)
(Coauthors: Assembly Members Berman, Bonta, and Luz Rivas)

February 08, 2023

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An act to amend Sections 47613.5, 49492, 49500, 49501.5, 49503, 49512, 49517, 49531, and 49531.1 49531.1, 49547.5, 49550, 49557.5, and 49559 of, and to add Section 49506 to, and to repeal Sections 41350, 49501, and 49516 of, the Education Code, relating to pupil meals.

LEGISLATIVE COUNSEL'S DIGEST

SB 348, as amended, Skinner. Pupil meals.

(1) Existing law establishes a system of public elementary and secondary schools in this state. This system comprises local educational agencies throughout the state that provide instruction to pupils in kindergarten and grades 1 to 12, inclusive, at schoolsites operated by these agencies. Existing law, commencing with the 2022–23 school year, requires each school district and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, and each charter school to provide 2 nutritiously adequate school meals free of charge during each schoolday, regardless of the length of the schoolday, to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, as specified, with a maximum of one free meal for each meal service period. Existing law requires the department to develop and maintain nutrition guidelines for school lunches and breakfasts, and for all food and beverages sold on public school campuses.

This bill would require local educational agencies to provide breakfast and would authorize those local educational agencies to provide only one meal lunch on each 4-hour schoolday unless the State Department of Education receives an approval for a waiver of the congregate meal requirement from the United States Department of Agriculture to allow for a 2nd meal lunch on a 4-hour schoolday to be served in a noncongregate manner. manner, in which case, both meals are required to be served. The bill would require those local educational agencies to provide pupils with adequate time to eat, as determined by the State Department of Education. The bill would require the State Department of Education, in partnership with specified entities to determine the maximum amount of added sugar to be allowed in a nutritionally adequate breakfast or lunch, as provided. The bill also would make conforming changes to related provisions of law. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(2) Existing law requires a school district, county superintendent of schools, or charter school to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, except as provided.

This bill would revise and recast provisions regarding school meals for needy pupils by, among other things, instead requiring school districts and county superintendents of schools, and, commencing with the 2024–25 school year, requiring a charter school to provide 2 school meals free of charge during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(3) Existing law authorizes the governing board of a school district to establish rules to determine which pupils are needy and authorizes a nominal cash payment for school meals to be collected from pupils that are not eligible for free meals. Existing law requires the Superintendent of Public Instruction to reimburse school districts for free and reduced-price meals served or sold based on the median statewide meal costs.

This bill would delete those provisions and also would make conforming changes to related provisions of law.

(2)

(4) Existing federal law provides for the permanent and nationwide Summer Electronic Benefit Transfer (Summer EBT) program, under which pupils who are eligible for free and reduced price schools meals receive $40 per month during summer months for grocery benefits.

This bill would require the State Department of Education, in partnership with the State Department of Social Services, to maximize participation in the federal Summer EBT program. The bill would also require the department, State Department of Social Services, subject to appropriation by the Legislature for those purposes, to issue an additional $80 in the form of EBT benefits to pupils who qualify for the federal Summer EBT program.

(3)

(5) 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 the statutory provisions noted above.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 41350 of the Education Code is repealed.

41350.

The Superintendent shall make allowances for child nutrition as follows:

(a)Reimbursement of child nutrition entities, as defined by Section 49530.5, for all free and reduced-price meals, pursuant to Section 49536.

(b)Reimbursement of school districts for the difference between the current fiscal year median statewide lunch or breakfast cost for all free and reduced-price meals required by Section 49550 as determined by the Superintendent and the combined total income per meal derived from pupil charges, federal funds, and state funds as provided in Article 11 (commencing with Section 49550) of Chapter 9 of Part 27.

(c)Reimbursement of county superintendents of schools for the difference between the current fiscal year median statewide lunch or breakfast cost for all free and reduced-price meals as determined by the Superintendent and the combined total income per meal derived from pupil charges, federal funds, and state funds as provided in Article 11 (commencing with Section 49550) of Chapter 9 of Part 27.

The combined state and federal reimbursements shall not exceed the current fiscal year median statewide lunch or breakfast cost. If the combined pupil charges, state reimbursements, and federal reimbursements exceed the current median statewide lunch or breakfast costs, the federal funds shall be expended prior to the expenditure of any state funds.

SEC. 2.

 Section 47613.5 of the Education Code is amended to read:

47613.5.

 (a) A charter school shall provide each needy pupil, as defined in Section 49552, with one nutritionally adequate free or reduced-price meal, as defined in subdivision (a) of Section 49553, during each schoolday. two school meals free of charge during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service period. The meals provided under this subdivision shall be nutritiously adequate meals, as described in subdivision (a) of Section 49553.

(b) Notwithstanding subdivision (a), a charter school that offers nonclassroom-based instruction, as defined in Section 47612.5, shall meet the requirements of this section for any eligible pupil on any schoolday that the pupil is scheduled for educational activities, as defined in Section 49010, lasting two or more hours, at a schoolsite, resource center, meeting space, or other satellite facility operated by the charter school.

(c) (1) Except as provided in paragraph (2), a charter school shall implement this section commencing with the 2019–20 2024–25 school year.

(2) A charter school that becomes operational on or after July 1, 2019, 2025, shall do both of the following:

(A) Implement this section no later than July 1 of the school year after becoming operational.

(B) Provide written notification disclosing the period of time for which the charter school will not implement subdivision (a). The written notice shall be provided at the time of application for enrollment in the charter school to the parent or guardian of each pupil or, if the pupil is a foster child or youth or a homeless child or youth, the pupil’s educational rights holder. The written notice shall be provided in languages other than English, consistent with languages used for the charter school enrollment application.

(d) The chartering authority shall, upon request by a charter school and to the extent feasible within existing resources, provide technical assistance to the charter school in implementing this section.

(e) A charter school may enter into a partnership with an existing school food authority for the purposes of implementing this section.

SEC. 3.

 Section 49492 of the Education Code is amended to read:

49492.

 Each A school district or other public or private nonprofit school or agency receiving reimbursement pursuant to the provisions of this article shall meet standards adopted by the Superintendent of Public Instruction for all of the following:

(a) The definition of a “meal” and at what price a given meal may be considered to be a “reduced-price meal.” “meal.”

(b) Standards for determining the eligibility of children to receive free or reduced-price meals.

(c) Standards for the protection of the identity of children for whom reimbursement is made pursuant to this article.

SEC. 4.

 Section 49500 of the Education Code is amended to read:

49500.

 The governing board of any a school district may shall provide, without charge or at a reduced price, breakfasts charge, breakfast for pupils within the district who are needy. any pupil who requests one. The governing board may of a school district shall provide, without charge or at a reduced price, lunches for pupils who are needy. The governing board of any school district may provide, without charge, lunches for any or all other pupils whether they are needy or not, provided that the governing board has so provided such lunches without charge to all pupils of the district during the 1962–63 school year. The governing board of any school district may provide, without charge or at a reduced price, other nutrition periods during the schoolday during which foods or beverages, or both, are served to pupils. charge, lunch for any pupil who requests one, regardless of the pupil’s eligibility for federally funded free or reduced-price meals.

For purposes of this article a pupil who is “needy” is one who meets the definition in Section 49552.

As used in this article “school meals” includes breakfasts, lunches, or the serving of foods or beverages, or both, during other nutrition periods, or any combination thereof.

SEC. 5.

 Section 49501 of the Education Code is repealed.

49501.

The governing board of any school district may, for purposes of Section 49500, establish rules by which to determine which pupils are needy except for family day care homes which shall be reimbursed for 75 percent of the meals served. For purposes of this article, any pupil within the category of children eligible for aid or services under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code shall be deemed needy.

The amendments to this section enacted by the Legislature in the 1981 portion of the 1981–82 Regular Session of the Legislature shall apply retroactively to July 1, 1981, to the extent that they may legally do so.

SECTION 1.SEC. 6.

 Section 49501.5 of the Education Code is amended to read:

49501.5.

 (a) Notwithstanding any other provision of this chapter, commencing with the 2022–23 school year all of the following shall apply:

(1) (A) A school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, shall provide two school meals free of charge and with adequate time to eat, as determined by the department pursuant to subdivision (f), during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, with a maximum of one free breakfast meal and one free lunch meal, except for family daycare homes that shall be reimbursed for 75 percent of the meals served. The meals provided under this paragraph shall be nutritiously adequate meals that qualify for federal reimbursement.

(B) (i) Except The department shall submit and maintain a waiver request with the United States Department of Agriculture to allow for a lunch on a four-hour schoolday to be served in a noncongregate manner.

(ii) Except as provided in clause (ii), (iii), a school district, county superintendent of schools, or charter school maintaining transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, shall provide breakfast and may choose to provide one meal or two meals lunch on each four-hour schoolday unless the department receives a waiver of the congregate meal requirement from the United States Department of Agriculture to allow for a second meal on a four-hour schoolday to be served in a noncongregate manner. an approval for the waiver required pursuant to clause (i), in which case, both meals must be served. Those local educational agencies that choose to provide a second meal on a four-hour schoolday shall be fully reimbursed for both meals under the provisions of paragraph (2).

(ii)

(iii) Local educational agencies shall serve a second meal to pupils who remain on the schoolsite after a shortened schoolday.

(2) The department shall reimburse provide additional state meal reimbursement to school districts, county offices of education, and charter schools that participate in and meet the requirements of the federal School Breakfast Program and National School Lunch Program for all nonreimbursed expenses accrued in providing United States Department of Agriculture reimbursable and any applicable state laws and regulations. Additional state meal reimbursement shall be provided for reduced-price and paid meals served to pupils as described in subdivision (b).

(b) The amount of per-meal reimbursements provided under this section shall not exceed the difference between the sum of the amounts calculated from meals claimed based on the free combined breakfast and lunch reimbursement rates established by the United States Department of Agriculture and state meal contribution established in Section 49559, and the combined federal and state amounts reimbursed for reduced-price and paid meals claimed.

(c) A school district, county office of education, or charter school may choose to opt out of participating in a state or federal reimbursement program or may choose to offer competitive foods, as defined in subdivision (c) of Section 49430, provided the school district, county office of education, or charter school can meet the requirements of paragraph (1) of subdivision (a).

(d) The reimbursement required pursuant to this section shall be provided upon appropriation by the Legislature. This section shall not be operative until the Legislature has appropriated funds for purposes of this section.

(e) (1) The department may adopt, and as necessary revise, guidelines in accordance with this section at a publicly noticed meeting if the department complies with all of the following:

(A) Provides an opportunity for public comment at the meeting.

(B) Provides written public notice of a meeting at least 30 days before the meeting at which the guideline to be adopted will be considered or approved.

(C) For a substantive revision of the guidelines, the department provides written notice of a meeting at least 15 days before the meeting at which the revision will be considered or approved.

(2) The adoption or revision of guidelines pursuant to this subdivision is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code until July 1, 2023.

(f) (1)The department shall review available evidence-based research and studies and conduct a study to determine survey with school food authorities and school food workers, or their representatives, to make a recommendation for the amount of time that is adequate for a pupil to eat a school meal including, but not limited to, the steps necessary to ensure that a pupil has an adequate time to eat school meals that are served pursuant to this section and examining the role that breakfast in the classroom and other innovative breakfast models can play in supporting adequate time to eat.

(2)The department shall make findings regarding the study conducted pursuant to paragraph (1) and make recommendations based on those findings including, but not limited to, the steps necessary to ensure that a pupil has an adequate time to eat school meals that are served pursuant to this section. These findings and eat. These recommendations shall be made public on the department’s internet website on or before March 1, 2024.

(g) For purposes of this section, “schoolday” means any day that pupils in kindergarten or any of grades 1 to 12, inclusive, are attending school for purposes of classroom instruction, including, but not limited to, pupil attendance at minimum days, state-funded preschool, transitional kindergarten, summer school including incoming kindergarten pupils, extended school year days, and Saturday school sessions.

SEC. 7.

 Section 49503 of the Education Code is amended to read:

49503.

 District School district funds may also be used for the purchase of school meals for pupils, as provided in Section 49500. Sections 49500 and 49501.5.

SEC. 2.SEC. 8.

 Section 49506 is added to the Education Code, immediately following Section 49505, to read:

49506.

 (a) The department shall work with the State Department of Social Services to maximize participation in the federal Summer Electronic Benefit Transfer (Summer EBT) program established pursuant to the federal Consolidated Appropriations Act, 2023.

(b) Subject to appropriation by the Legislature for purposes of this section, the department State Department of Social Services shall provide to a pupil who qualifies for the federal Summer EBT program an additional eighty dollars ($80) per month, in addition to the forty dollars ($40) amount allocated each year by the federal program, in the form of EBT benefits.

(c) The department shall establish guidance and regulations that follow the federal guidelines and regulations established pursuant to Section 502 of Title IV of Division HH of the Consolidated Appropriations Act, 2023 to maximize flexibility for local education authorities to distribute summer meals through noncongregate distributions.

(d) On or before March 1, 2024, the State Department of Social Services shall report to the appropriate fiscal and policy committees of each house of the Legislature both all of the following:

(1) The amount of time, the necessary state budget appropriation, and the federal authority needed, if any, to issue a Summer EBT benefit to a pupil that attends all pupils that attend a Community Eligibility Provision (CEP) school.

(2) The amount of time, the necessary state budget appropriation, and the federal authority needed, if any, to issue a Summer EBT benefit to a pupil who has submitted all pupils for whom a school meal application and has been submitted and approved for federal reimbursement.

(3) The amount of time and the necessary state budget appropriation needed to implement a Summer EBT program without any changes to the federal program.

SEC. 9.

 Section 49512 of the Education Code is amended to read:

49512.

 (a) The State Department of Education, in cooperation with the Department of Social Welfare, State Department of Social Services shall establish a statewide program to provide nutritious meals at school for pupils. Either or both of such departments pupils and may cooperate with and enter into contracts with the United States Departments of Health, Education and Welfare and Agriculture Department of Health and Human Services, the United States Department of Education, or the United States Department of Agriculture in order to implement the provisions of this article.

The funds

(b) Funds shall be allocated to the school districts in such a manner that priority shall be given to providing free meals to the neediest children. accordance with subdivision (b) of Section 49501.5. Determination with respect to the annual income of any household shall be made solely on the basis of an affidavit executed in such form as the United States Secretary of Agriculture may prescribe by an adult member of such household. The income poverty guidelines to be used for any fiscal year shall be those prescribed by the United States Secretary of Agriculture as of July 1 of each year.

SEC. 10.

 Section 49516 of the Education Code is repealed.

49516.

In order to encourage the development of a sense of fiscal responsibility among the pupils participating in the school meal program, a nominal cash payment for school meals provided under this article may be required of all pupils except those eligible for free meals. Such payments shall be related to the income of the pupil’s family.

Funds received from payments by participating pupils shall be used to expand the programs under this article.

SEC. 11.

 Section 49517 of the Education Code is amended to read:

49517.

 In order to avoid unnecessary and costly duplication and overlap of activities, the Department of Education may contract with county welfare social services departments to identify those pupils who are eligible for the program under this article, and to determine the amount of cash payment that may be required of any pupil so eligible under the provisions of Section 49516. free meals.

SEC. 3.SEC. 12.

 Section 49531 of the Education Code is amended to read:

49531.

 (a) A child nutrition entity may apply to the department for all available federal and state funds that they are eligible for so that a nutritionally adequate breakfast or lunch, or both, may be provided to pupils each schoolday at each school in the school district or maintained by the county superintendents of schools, or at private schools and parochial schools and to children receiving child development services. The state board shall adopt rules and regulations for the operation of lunch and breakfast programs in school districts. A child nutrition entity that receives state funds pursuant to this article shall provide breakfasts and lunches in accordance with state and federal guidelines. If an entity’s school meal service is not in compliance with state and federal guidelines or regulations, or both, the entity shall be ineligible for state meal reimbursement.

(b) (1) A nutritionally adequate breakfast, for the purposes of this article, is one that qualifies for reimbursement under the most current meal pattern for the federal School Breakfast Program, as defined in Section 220.8 of Title 7 of the Code of Federal Regulations and paragraph (2). A nutritionally adequate lunch for purposes of this article is one that qualifies for reimbursement under the most current meal pattern for the federal National School Lunch Program, as defined in Section 210.10 of Title 7 of the Code of Federal Regulations and paragraph (2).

(2) A nutritionally adequate breakfast or lunch shall not consist of more added sugar than what is determined pursuant to subdivision (c). Any meal that is not in compliance with the guidelines and recommendations developed pursuant to subdivision (c) are ineligible for state meal reimbursement.

(c) The State Department of Education, in partnership with the California School Nutrition Association and cafeteria workers, or their representatives, shall develop guidelines and recommendations that do all of the following:

(1) Establish the amount of added sugar that can be allowed in a nutritionally adequate breakfast or lunch provided pursuant to this chapter.

(2) Conform to the American Academy of Pediatrics’ recommendation of less than 25 grams of added sugar per day for children two years of age and older.

(3) Conform to the maximum daily sodium intake recommendations for children and adolescents in the Dietary Guidelines for Americans, established by the United States Department of Agriculture and the United States Department of Health and Human Services.

(3)

(4) Use a methodology of compliance evaluation that considers an average weekly calculation.

(d) The State Department of Education, in partnership with the California School Nutrition Association and cafeteria workers, or their representatives, shall develop guidelines and recommendations that allow for a nutritionally adequate breakfast or lunch to include the serving of a second entree to pupils who have a need for more calories during the school day.

(e) State reimbursement for meals provided pursuant to this article shall be limited to meals provided to pupils pursuant to Section 49501.5.

SEC. 4.SEC. 13.

 Section 49531.1 of the Education Code is amended to read:

49531.1.

 (a) The department shall develop and maintain nutrition guidelines for school lunches and breakfasts that are provided pursuant to Section 49501.5 and for all food and beverages sold on public school campuses.

(b) The nutrition guidelines for school lunches and breakfasts, pursuant to subdivision (a), shall be consistent with the requirements for a nutritionally adequate breakfast and a nutritionally adequate lunch, as defined in subdivision (b) of Section 49531.

SEC. 14.

 Section 49547.5 of the Education Code is amended to read:

49547.5.

 (a) The Legislature finds and declares the following:

(1) Needy children rely upon school meals for supplemental nutrition that benefits their health, growth, and academic and social development.

(2) Existing federal law, Section 1761 of Title 42 of the United States Code, establishes the Summer Food Service Program. This program provides assistance to states to support the operation of nonprofit food service programs for needy children during those times of the year when free and reduced-price school meals are not available.

(3) In all but a handful of states, the Summer Food Service Program is administered by an appropriate state agency. However, in California, the United States Department of Agriculture administers the program.

(4) The Summer Food Service Program in California is severely underutilized. While about 1,600,000 children receive free and reduced-price school meals, only 122,300 (less than eight percent) participate in the Summer Food Service Program.

(5) State administration of the Summer Food Service Program will significantly help boost participation. Existing state law already requires the State Department of Education and the Superintendent of Public Instruction to provide leadership to encourage and support schools and public agencies to participate in the program.

(6) The State Department of Education presently administers within the state three state, two closely related federal food programs: the National School Lunch Program, Program and the School Breakfast Program, and the Child and Adult Care Food Program.

(b) The State Department of Education is hereby designated the state agency for purposes of the Summer Food Service Program (42 U.S.C. Sec. 1761) and shall submit to the Western Regional Office of the Food and Nutrition Service of the United States Department of Agriculture a program management and administration plan. If the plan is approved, the department shall manage and administer the program.

(c) The provisions of Sections 49536, 49550, and 49559 do not apply to the Summer Food Service Program, as set forth in this section.

SEC. 15.

 Section 49550 of the Education Code is amended to read:

49550.

 (a) Notwithstanding any other law, a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, shall provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, except for family daycare homes that shall be reimbursed for 75 percent of the meals served. two nutritionally adequate meals during each schoolday to each pupil who requests them.

(b) To comply with subdivision (a), a school district or county office of education may use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including 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) For purposes of this article, “schoolday” means any day that pupils in kindergarten or grades 1 to 12, inclusive, are attending school for purposes of classroom instruction, including, but not limited to, pupil attendance at minimum days, state-funded preschool, transitional kindergarten, summer school including incoming kindergarten pupils, extended school year days, and Saturday school sessions.

SEC. 16.

 Section 49557.5 of the Education Code is amended to read:

49557.5.

 (a) For purposes of this section, “local educational agency” means a school, school district, county office of education, or charter school.

(b) (1) A local educational agency, including a local educational agency in which there is a school that is required to serve a free or reduced-price meal meals during the schoolday pursuant to Section 49550 49501.5 and at which all pupils are not eligible to be served breakfast and lunch under the Community Eligibility Provision or Provision 2 of the federal National School Lunch Act (42 U.S.C. Sec. 1751 et seq.), shall ensure that a pupil whose parent or guardian has unpaid school meal fees is not denied a reimbursable meal of the pupil’s choice because of the fact that the pupil’s parent or guardian has unpaid meal fees and shall ensure that the pupil and is not shamed or treated differently from other pupils. pupils due to the pupil’s eligibility for free or reduced-price meals. This paragraph does not prohibit a school from serving an alternative reimbursable meal to a pupil who may need one for dietary or religious reasons, or as a regular menu item.

(2) If a local educational agency is required to provide to the department or to the United States Department of Agriculture a copy of the meal charge policy required pursuant to memorandum SP 46-2016 issued by the United States Department of Agriculture, the local educational agency or governing board or body of the local educational agency, as applicable, shall make that policy public.

(c) School personnel and volunteers at a local educational agency that serves nutritionally adequate meals to pupils during the instructional day shall not allow any disciplinary action that is taken against a pupil to result in the denial or delay of a nutritionally adequate meal, as defined in Section 49553, to that pupil.

(d) A local educational agency shall not take any action directed at a pupil to collect unpaid school meal fees. A local educational agency may attempt to collect unpaid school meal fees from a parent or guardian, but shall not use a debt collector, as defined in Section 803 of the federal Consumer Credit Protection Act (15 U.S.C. Sec. 1692a).

(e)A local educational agency shall notify a parent or guardian of the negative balance of a pupil’s school meal account no later than 10 days after the pupil’s school meal account has reached a negative balance. Before sending this notification to the parent or guardian, the local educational agency shall exhaust all options and methods to directly certify the pupil for free or reduced-price meals. If the local educational agency is not able to directly certify the pupil, the local educational agency shall provide the parent or guardian with a paper copy of, or an electronic link to, an application with the notification and contact the parent or guardian to encourage application submission.

(f)To the extent that the expense is reimbursable under the federal National School Lunch Program, a local educational agency shall reimburse school meal fees paid by a pupil’s parent or guardian when fees were paid or unpaid fees debt accrued during any time that the pupil would have been determined, as identified by the local educational agency’s review pursuant to subdivision (e), to be eligible for free or reduced-price school meals.

(g)Nothing in this section is intended to allow for the indefinite accrual of unpaid school meal fees.

(h)

(e) This section shall only apply to a local educational agency that provides school meals through the federal National School Lunch Program or the federal School Breakfast Program.

SEC. 17.

 Section 49559 of the Education Code is amended to read:

49559.

 (a) Any school food authority that participates in a federal child nutrition program and is reimbursed pursuant to subdivision (b) of Section 41350 for meals served pursuant to this article may be reimbursed at the current rate as determined by the State Department of Education, pursuant to subdivision (d). If the sum appropriated for purposes of this section is not sufficient to make the allowances specified by this section, the allowances shall be reduced proportionately. This rate shall be in addition to the reimbursement currently provided under Section 49536. The additional funds shall be used exclusively to supplement the meals served pursuant to Section 49550. 49501.5.

(b) The State Department of Education shall make allowances to school food authorities from the General Fund on at least a quarterly basis. Program providers shall submit claims to the department within 10 calendar days of the end of each quarter. Within 45 calendar days of submission of a valid claim, the State Department of Education shall tender reimbursement.

(c) (1) The State Department of Education shall, upon enactment of the annual Budget Act, prescribe an adjustment in the state meal contribution rates for the next fiscal year. The adjustments shall reflect the changes in the cost of operating a school breakfast, snack, morning supplement, and lunch program and shall be effective July 1 of each year. The adjustment shall be based on the average of the separate indices of the “Food Away From Home Index” for Los Angeles and San Francisco, as prepared by the United States Bureau of Labor Statistics.

(2) In giving effect to the cost-of-living provisions of this subdivision, the State Department of Education shall prescribe a calendar month for the computation of the percentage change in the cost of living after July 1, 1985. The same month shall be used annually thereafter. The product of any percentage increase or decrease in the average index and the per meal reimbursement disbursement rate shall be adjusted by the amount of any cost-of-living change currently in effect pursuant to this subdivision. For the purposes of this subdivision, state reimbursement shall be made for the breakfast or lunch which qualifies for reimbursement pursuant to the nutritional requirements of Section 49553.

SEC. 5.SEC. 18.

 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.