Bill Text: CA SB348 | 2023-2024 | Regular Session | Amended
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
Amended
IN
Assembly
September 01, 2023 |
Amended
IN
Assembly
June 30, 2023 |
Amended
IN
Assembly
June 14, 2023 |
Amended
IN
Senate
May 18, 2023 |
Amended
IN
Senate
March 20, 2023 |
Introduced by Senator Skinner (Coauthors: Senators Archuleta, Gonzalez, Hurtado, Ochoa Bogh, Wahab, and Wilk) (Coauthors: Assembly Members Addis, Berman, Bonta, Juan Carrillo, Hoover, |
February 08, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
(4)Existing law establishes the Expanded Learning Opportunities Program. Existing law authorizes a local educational agency that elects to operate an expanded
learning opportunity program to operate a before school component of a program, an after school component of a program, or both, and requires the local educational agency to comply with specified requirements.
This bill would, subject to an appropriation by the Legislature, commencing with the 2024–25 school year, authorize the department to apportion state funds for the sole purpose of providing nutritionally adequate breakfasts or lunches, or both, to pupils participating in
expanded learning opportunity programs at specified schoolsites, as provided.
(5)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 41350 of the Education Code is repealed.(a)(1)Subject to an appropriation by the Legislature in the annual Budget Act for these purposes, commencing in the 2024–25 school year, and for those local educational agencies operating expanded learning opportunity programs pursuant to Section 46120 at schoolsites having less than 50 percent of pupils identified as eligible for free or reduced-price meals, the department may apportion state funds for the sole purpose of providing nutritionally adequate breakfasts or lunches, or both, as described in Section 49501.5 to pupils participating in these programs.
(2)Local educational agencies operating expanded learning opportunity programs pursuant to Section 46120 at schoolsites having greater than or equal to 50 percent of pupils identified as eligible for free or reduced-price meals, are not eligible for the apportionment described in paragraph (1). The local educational agencies described in this paragraph shall participate, to the extent allowable by federal law, in available federal child nutrition programs, including, but not limited to, the School Breakfast Program, the National School Lunch Program, the National School Lunch Afterschool Snack Program, the National School Lunch Program’s Seamless Summer Option, and the Summer Food Service Program, to make meals available to pupils participating in expanded learning opportunity programs.
(b)Eligibility for apportionment pursuant to paragraph (1) of subdivision (a) shall be based on a calculation of 75 percent multiplied by the local educational agency’s free or reduced-price meal eligibility data, as reported in the California Longitudinal Pupil Achievement Data System Fall 1 Certification for
the prior fiscal year.
(c)Local educational agencies shall opt into the apportioned funds using the process and meeting timelines as determined by the department.
(d)Funding provided through the apportionment described in subdivision (a) shall only be used to make meals available during expanded learning opportunities programming. When before school expanded learning is made available on a schoolday, the federal School Breakfast Program shall be used to offer all pupils a nutritionally adequate breakfast. When expanded learning opportunities are offered on a schoolday, these apportionment funds shall be used to make available an additional meal after the end of the schoolday. When expanded learning is provided on a nonschoolday, these apportionment funds may be used to make available a nutritionally adequate breakfast or lunch, or
both.
SEC. 3.SEC. 2.
Section 47613.5 of the Education Code is repealed.SEC. 4.SEC. 3.
Section 49492 of the Education Code is amended to read:49492.
A school district or other public or private nonprofit school or agency receiving reimbursement pursuant to this article shall meet standards adopted by the Superintendent for all of the following:SEC. 5.SEC. 4.
Section 49500 of the Education Code is repealed.SEC. 6.SEC. 5.
Section 49501 of the Education Code is repealed.(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 make available a nutritionally adequate breakfast and a nutritionally adequate lunch free of charge and with adequate time to eat, as determined by the department pursuant to subdivision (e), 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, except as described in clauses (i) and (ii) of subparagraph (B), 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 made available under this paragraph shall be nutritiously adequate meals that qualify for federal reimbursement. Participating school districts, county superintendents of schools, and charter schools shall comply with federal regulations for the National School Lunch Program and School Breakfast Program, which includes established mealtimes.
(B)(i)The department shall submit a waiver request to the United States Department of Agriculture to allow for one meal provided during a schoolday lasting four hours or less to be served in a noncongregate manner.
(ii)If the department receives approval for the federal noncongregate waiver required by clause (i), school districts, county superintendents of schools, and charter schools may make available either a nutritionally adequate breakfast or a nutritionally adequate lunch in a noncongregate manner for meal service combinations resulting in either (I) a congregate nutritionally adequate breakfast and a noncongregate nutritionally adequate lunch or (II) a noncongregate nutritionally adequate breakfast and a congregate nutritionally adequate lunch. These meals shall be reimbursed under the provisions of paragraph (2) if both state and federal requirements are met.
(2)The department shall provide 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 and any applicable state laws and regulations. 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)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.
(d)(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.
(e)The department shall review available evidence-based research, studies, and survey findings 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. These recommendations shall be made public on the department’s internet website on or before June 30, 2025.
(f)Notwithstanding subdivision (a), a school district, county office of education, or charter school that offers independent study, pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28, shall meet the requirements of this section for any 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. Pupils who are present during established
meal times shall have a nutritionally adequate breakfast and nutritionally adequate lunch made available.
(g)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.
(h)A charter school may enter into a partnership with an existing school food authority for the purposes of implementing this section.
(i)The chartering authority shall, upon request by a new charter school, contract with a charter school to make available nutritionally adequate school breakfast and nutritionally adequate school lunch until the charter school is an approved school food authority
or until July 1 of the school year after the charter school becomes operational, whichever occurs first. The contract shall not exceed the actual costs to provide meals to the charter school, including, but not limited to, additional staffing costs and delivery of meals to the schoolsite, that are not covered by federal or state meal reimbursement.
(j)To comply with subdivision (a), a school district, county office of education, or charter school 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, county office of
education, or charter school.
(k)For purposes of this section, the following definitions apply:
(1)“Nutritionally adequate breakfast” 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.
(2)“Nutritionally adequate lunch” 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.
(3)“Schoolday” means any day that pupils in kindergarten or any of grades 1 to 12, inclusive, are present at a schoolsite or school facility for purposes of instruction or educational activities, as defined in Section 49010, 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, school-sponsored field trips, independent study when a pupil is onsite during the schoolday, and Saturday school sessions.
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:(2)A charter school shall provide 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 paragraph shall be nutritiously adequate meals that qualify for federal reimbursement.
(3)(A)A local educational agency that has a reimbursable school breakfast program shall not charge any pupil enrolled in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, any amount for any breakfast served to that pupil through the program, and shall provide a breakfast free of charge to any pupil who requests one without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal. The meals provided free of charge pursuant to this paragraph shall be nutritiously adequate, and shall count toward the total of two school meals required to be provided each schoolday under paragraphs (1) and (2).
(B)As used in this paragraph, “school breakfast program” means the nonprofit breakfast program established by Section 4 of the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.).
(4)
(c)For the 2021–22 school year, the twenty-four cents eighty-seven mills ($0.2487) reimbursement per meal served, as specified in Provision 6 of Item 6100-203-0001 of the Budget Act of 2021, shall apply to all United States Department of Agriculture reimbursable meals served to pupils under the federal Seamless Summer Option, if eligible in accordance with federal regulations.
(d)
(e)
SEC. 8.SEC. 7.
Section 49503 of the Education Code is amended to read:49503.
School district funds may also be used for the purchase of school meals for pupils, as provided in Sections 49500 and 49501.5.SEC. 9.SEC. 8.
Section 49506 is added to the Education Code, immediately following Section 49505, to read:49506.
(a) (1) The department shall work with the State Department of Social Services to maximize participation in the federal Summer Electronic Benefit Transfer for Children (Summer EBT) program established pursuant to the federal Consolidated Appropriations Act, 2023.SEC. 10.SEC. 9.
Section 49512 of the Education Code is amended to read:49512.
(a) The State Department of Education shall establish a statewide program to provide nutritious meals at school for pupils and shall enter into an agreement with the United States 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.SEC. 11.SEC. 10.
Section 49516 of the Education Code is repealed.SEC. 12.SEC. 11.
Section 49517 of the Education Code is repealed.SEC. 13.SEC. 12.
Section 49531 of the Education Code is amended to read:49531.
(a) A school district, county superintendent of schools, or charter school may apply to the department for all available federal and state funds that they are eligible for so that a nutritionally adequate breakfast and lunch may be made available to pupils each schoolday at each schoolsite or school facility where pupils are present during the schoolday and to children receiving child development services. A school district, county superintendent of schools, or charter school that receives state funds pursuant to this article shall make available 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.(1)Develop guidelines that establish the amount of added sugar that can be allowed in a nutritionally adequate breakfast or lunch made available pursuant to this chapter.
(2)Develop
(3)Develop
(4)Provide recommendations that
(5)Use a methodology of compliance evaluation that considers an average weekly calculation.