BILL NUMBER: AB 569 CHAPTERED
BILL TEXT
CHAPTER 702
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE ASSEMBLY AUGUST 30, 2006
PASSED THE SENATE AUGUST 29, 2006
AMENDED IN SENATE AUGUST 24, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE JUNE 27, 2006
AMENDED IN SENATE JUNE 15, 2006
AMENDED IN SENATE MARCH 1, 2006
AMENDED IN SENATE JANUARY 18, 2006
AMENDED IN SENATE JULY 12, 2005
AMENDED IN SENATE JUNE 27, 2005
AMENDED IN SENATE JUNE 15, 2005
AMENDED IN SENATE JUNE 9, 2005
AMENDED IN ASSEMBLY MAY 26, 2005
AMENDED IN ASSEMBLY MAY 11, 2005
AMENDED IN ASSEMBLY MAY 2, 2005
INTRODUCED BY Assembly Member Garcia
FEBRUARY 16, 2005
An act to add Section 49550.2 to 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 569, Garcia Pupil nutrition: school meals: school breakfast
study.
(1) Existing law requires each school district or county
superintendent of schools maintaining any kindergarten or any of
grades 1 to 12, inclusive, to provide one nutritionally adequate free
or reduced-price meal for each needy pupil during each schoolday,
except as specified. Existing law permits a school district or county
office of education to use funds made available through any
applicable federal or state program or to use its own funds to
provide the required meals.
Existing law requires the State Department of Education to award
grants, as specified, to school districts and county offices of
education for the initiation and expansion of school breakfast
programs and summer food service programs. Existing federal law
provides additional funding, the lesser of specified meal
reimbursement rates or 100% of the operating costs of a breakfast
program, for school districts that meet certain qualifications deemed
to indicate severe need and that are operating or desire to initiate
a school breakfast program.
This bill would require the department to conduct a study on or
before March 31, 2007, on certain matters relating to the feasibility
of requiring schools that meet the qualifications for the federal
severe need reimbursement to offer breakfast. The bill would require
the department to report the results of the study to the Legislature
on or before April 30, 2007.
(2) This bill would appropriate $170,000 from the General Fund to
the department for purposes of performing the specified study
regarding the offering of school breakfast.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) More than 8,000 schools in California participate in the
federal School Breakfast Program, collectively serving more than 182
million breakfasts each year. The schools that serve school breakfast
include large and small schools, schools in rural, suburban, and
urban areas, and schools with different demographics.
(b) National research shows that children who eat school breakfast
consume more fruits, vegetables, and calcium and less sugar than
nonparticipants.
(c) National studies show that eating school breakfast improves
test scores and classroom behavior, reduces visits to the nurse's
office, and contributes to healthy weight management.
(d) The federal government offers schools at which a high
concentration of low-income pupils eat school lunch the highest rate
of reimbursement for school breakfast in recognition of the special
responsibility these schools have to offer both meals to needy
pupils.
(e) Well-tested models for serving school breakfast, including
Breakfast in the Classroom, Grab-N-Go, and Second Chance Breakfast,
have dramatically increased participation in the federal School
Breakfast Program in schools statewide.
(f) Despite the benefits of school breakfast, the extra
reimbursement that is available, and the availability of successful
implementation models, there remain schools in California that do not
offer breakfast.
(g) The pupils in these schools that do not offer breakfast are
being denied a critical tool for learning and health.
SEC. 2. Section 49550.2 is added to the Education Code, to read:
49550.2. (a) The department shall conduct a study on or before
March 31, 2007, on all of the following:
(1) The number of schools that meet the qualifications for the
federal severe need reimbursement, pursuant to subsection (d) of
Section 1773 of Title 42 of the United States Code, that do not offer
school breakfast.
(2) The costs associated with requiring schools described in
paragraph (1) to offer breakfast.
(3) The feasibility of requiring the schools described in
paragraph (1) to offer breakfast.
(4) The changes that would need to be made to existing law, if
any, to implement a program to require schools described in paragraph
(1) to offer breakfast.
(b) The department shall report the results of the study required
pursuant to subdivision (a) to the Legislature on or before April 30,
2007.
(c) The department, at the discretion of the Superintendent, may
contract for services required to complete the study required
pursuant to subdivision (a).
(d) Notwithstanding any other provision of law, for purposes of
any contracts authorized pursuant to this section, the department is
exempt from the requirements of Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code and
Part 2 (commencing with Section 10100) of Division 2 of the Public
Contract Code.
SEC. 3. The sum of one hundred seventy thousand dollars ($170,000)
is hereby appropriated from the General Fund to the State Department
of Education for purposes of performing the study required pursuant
to Section 49550.2 of the Education Code.
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 address the health of pupils and to ensure that the
study required by this act is commenced at the earliest possible
time, it is necessary that this act take effect immediately.