Bill Text: CA SB708 | 2015-2016 | Regular Session | Chaptered
Bill Title: Pupil nutrition: free or reduced-price meals: online applications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-09-30 - Chaptered by Secretary of State. Chapter 390, Statutes of 2015. [SB708 Detail]
Download: California-2015-SB708-Chaptered.html
BILL NUMBER: SB 708 CHAPTERED
BILL TEXT
CHAPTER 390
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2015
APPROVED BY GOVERNOR SEPTEMBER 30, 2015
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 1, 2015
AMENDED IN ASSEMBLY AUGUST 27, 2015
AMENDED IN ASSEMBLY JULY 16, 2015
AMENDED IN ASSEMBLY JULY 9, 2015
AMENDED IN SENATE APRIL 16, 2015
INTRODUCED BY Senator Mendoza
FEBRUARY 27, 2015
An act to amend Section 49557 of the Education Code, relating to
pupil nutrition.
LEGISLATIVE COUNSEL'S DIGEST
SB 708, Mendoza. Pupil nutrition: free or reduced-price meals:
online applications.
(1) Existing law requires each school district and county
superintendent of schools maintaining kindergarten or any of grades 1
to 12, inclusive, to provide for each needy pupil one nutritionally
adequate, free or reduced-price meal during each schoolday. Existing
law requires the governing board of a school district and the county
superintendent of schools to make applications for free or
reduced-price meals available to pupils at all times during each
regular schoolday. Existing law requires the Superintendent of Public
Instruction to supervise the implementation of this program and to
investigate acts of alleged noncompliance.
This bill would authorize the governing boards of school districts
and county superintendents of schools to also make applications for
free or reduced-price meals electronically available online. The bill
would specify requirements that would have to be met by the
governing boards of school districts, county offices of education,
and school food authorities who choose to provide access to an online
application under this bill.
The bill would require all applications to include clear
instructions for families that are homeless or are migrants. To the
extent that this provision would impose new duties on local
educational agencies, it would constitute a state-mandated local
program.
(2) 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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to enact
legislation to improve access to children from refugee and immigrant
households to child nutrition programs.
SEC. 2. Section 49557 of the Education Code is amended to read:
49557. (a) (1) The governing board of a school district and the
county superintendent of schools shall make paper applications for
free or reduced-price meals available to pupils at all times during
each regular schoolday, and may also make an application
electronically available online, provided that the online application
complies with paragraph (3). Pursuant to federal and state
guidelines, the application shall contain clear instructions for
families that are homeless or are migrants, and shall also contain,
in at least 8-point boldface type, each of the following statements:
(A) Applications for free and reduced-price meals may be submitted
at any time during a schoolday.
(B) Children participating in the federal National School Lunch
Program will not be overtly identified by the use of special tokens,
special tickets, special serving lines, separate entrances, separate
dining areas, or by any other means.
(2) A school district and the county superintendent of schools
shall use all other paper applications it has for free or
reduced-price meals before utilizing the applications pursuant to
this subdivision.
(3) If a governing board of a school district, a county office of
education, or a school food authority chooses to provide access to an
online application for free or reduced-price meals pursuant to
paragraph (1), the online application shall comply with all of the
following requirements:
(A) Include a link to the Internet Web site on which translated
applications are posted by the United States Department of
Agriculture, with instructions in that language that inform the
applicant how to submit the application. The Legislature finds and
declares that federal guidelines require school food authorities to
accept and process these applications if they are submitted to the
school food authority.
(B) Require completion of only those questions that are necessary
for determining eligibility.
(C) Include clear instructions for families that are homeless or
are migrants.
(D) Comply with the privacy rights and disclosure protections
established by the federal Richard B. Russell National School Lunch
Act (Public Law 113-79) and the federal Children's Online Privacy
Protection Act of 1998 (Public Law 105-277).
(E) Include links to all of the following:
(i) The online application to CalFresh.
(ii) The online single state application for health care.
(iii) The Internet Web page maintained by the State Department of
Public Health entitled "About WIC and How to Apply," or another
Internet Web page identified by the State Department of Public Health
that connects families to the Special Supplemental Nutrition Program
for Women, Infants and Children.
(iv) The Internet Web site of a summer lunch program authorized to
participate within the city or school district.
(F) No online application for free or reduced-price meals shall be
made available online or made accessible online by a school
district, a county office of education, or a school food authority if
the online application allows for the information provided by an
applicant to be used by a private entity for any purpose not related
to the administration of a school food program, or if the online
application requires an applicant to waive any right or to create a
user account in order to submit the application.
(b) The governing board of each school district and each county
superintendent of schools shall formulate a plan, which shall be
mailed to the State Department of Education for its approval, that
will ensure that children eligible to receive free or reduced-price
meals and milk shall not be treated differently from other children.
These plans shall ensure each of the following:
(1) Unless otherwise specified, the names of the children shall
not be published, posted, or announced in any manner, or used for any
purpose other than the federal National School Lunch Program.
(2) There shall be no overt identification of any of the children
by the use of special tokens or tickets or by any other means.
(3) The children shall not be required to work for their meals or
milk.
(4) The children shall not be required to use a separate dining
area, go through a separate serving line, enter the dining area
through a separate entrance, or consume their meals or milk at a
different time.
(c) When more than one lunch or breakfast or type of milk is
offered pursuant to this article, the children shall have the same
choice of meals or milk that is available to those children who pay
the full price for their meal or milk.
SEC. 3. 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.
