BILL NUMBER: AB 1385 CHAPTERED
BILL TEXT
CHAPTER 361
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2005
APPROVED BY GOVERNOR SEPTEMBER 28, 2005
PASSED THE SENATE SEPTEMBER 8, 2005
PASSED THE ASSEMBLY SEPTEMBER 8, 2005
AMENDED IN SENATE AUGUST 30, 2005
AMENDED IN ASSEMBLY MAY 26, 2005
AMENDED IN ASSEMBLY APRIL 12, 2005
INTRODUCED BY Assembly Member Laird
(Principal coauthor: Assembly Member Maze)
(Coauthors: Assembly Members Bermudez, Chan, Chu, Dymally,
Hancock, Jones, Leno, Mullin, Nava, Pavley, Salinas, Torrico, Vargas,
and Wolk)
(Coauthors: Senators Alquist, Kuehl, Perata, and Torlakson)
FEBRUARY 22, 2005
An act to add Section 49561 to the Education Code, relating to
pupil nutrition.
LEGISLATIVE COUNSEL'S DIGEST
AB 1385, Laird School meals.
Existing law requires school districts and county superintendents
of schools to provide free or reduced-price meals to needy pupils as
part of the National School Lunch and School Breakfast Programs.
This bill would require the State Department of Education to
create a computerized data-matching system, as specified, using
existing databases from the State Department of Education and the
State Department of Health Services to directly certify recipients of
public assistance programs for enrollment in the National School
Lunch and School Breakfast Programs. This bill would require the
State Department of Education to determine the availability of and
request or apply for, as appropriate, federal funds to assist the
state in implementing new direct certification requirements mandated
by federal law. The bill would make its provisions operative upon
receipt of federal funds to assist the state in implementing new
direct certification requirements mandated by federal law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Studies have shown that schoolchildren who receive nutritious
meals are more likely to have higher achievement scores and fewer
disciplinary problems, and less likely to be absent or tardy to
class.
(b) Schoolchildren who are considered low income or receive public
assistance qualify for free or reduced-priced school meals. The
State Department of Education and the State Department of Health
Services maintain various databases to ascertain which schoolchildren
are eligible for these programs.
(c) Schoolchildren who receive free or reduced-priced meals at
school must be certified as enrolled in a school meal program.
(d) The Child Nutrition and WIC Reauthorization Act of 2004 (P.L.
108-265) requires that any child receiving benefits under the federal
Food Stamp Act be certified as eligible for free lunches under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
and free breakfasts under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), without further application.
(e) Federal law requires the use of direct certification by school
districts to be phased in over time with full implementation being
realized by July 2008. Specifically, the Child Nutrition and WIC
Reauthorization Act of 2004 (P.L. 108-265) requires state education
agencies to enter into an agreement with appropriate state agencies
conducting eligibility determinations for the Food Stamp Program
established pursuant to the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.).
(f) Research has shown that direct certification increases the
participation of low-income schoolchildren in free school meals.
Research has also shown direct certification improves the integrity
of the meal programs because it ensures that the children receiving
the meals are truly needy.
(g) The federal No Child Left Behind Act of 2001 (P.L. 107-110)
requires states to establish a database to track pupils' achievement.
(h) Chapter 1002 of the Statutes of 2002 requires the California
Department of Education, consistent with the requirements of the No
Child Left Behind Act of 2001, to establish the California
Longitudinal Pupil Achievement Data System (CalPADS) to track student
achievement.
(i) The State Department of Health Services possesses a statewide
Medical Eligibility Data System (MEDS), which stores data regarding
recipients of food stamps and the California Work Opportunity and
Responsibility to Kids Act program (the CalWORKs program) (Ch. 2
(commencing with Sec. 11200), Pt. 3, Div. 9, W.&I.C.).
(j) Both the CalPADS and the MEDS databases will include
information that may facilitate a data-matching process.
(k) Although direct certification will increase access to the
school meal program by eligible schoolchildren, there is likewise an
obligation to protect the privacy and confidentiality of these
individuals. For example, the Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. 1232g) prohibits entities that receive federal
education funds from releasing educational records without the prior
consent of the pupil's parent or guardian.
(l) It is the intent of the Legislature to seek available federal
funds appropriated by the federal Child Nutrition and WIC
Reauthorization Act of 2004 (P.L. 108-265) to offset the cost of
developing a computerized data-matching system for direct
certification.
SEC. 2. Section 49561 is added to the Education Code, to read:
49561. (a) The department shall create a computerized
data-matching system using existing databases from the department and
the State Department of Health Services to directly certify
recipients of the Food Stamp Program, the California Work Opportunity
and Responsibility to Kids Act program (the CalWORKs program) (Ch. 2
(commencing with Sec. 11200), Pt. 3, Div. 9, W.& I.C.), and other
programs authorized for direct certification under federal law, for
enrollment in the National School Lunch and School Breakfast
Programs. This subdivision does not include Medi-Cal benefits within
the criteria for direct certification specified in the Child
Nutrition and WIC Reauthorization Act of 2004 (P.L. 108-265).
(b) The department shall design a process using an existing agency
database that will conform with data from the State Department of
Health Services to meet the direct certification requirements of the
National School Lunch Act, as amended, pursuant to Chapter 13
(commencing with Section 1751) of Title 42 of the United States Code,
and the Child Nutrition Act of 1966, as amended, pursuant to Chapter
13A (commencing with Section 1771) of Title 42 of the United States
Code.
(c) The department shall design a process using computerized data
pursuant to subdivision (a) that will maximize enrollment in school
meal programs and improve program integrity while ensuring that pupil
privacy safeguards remain in place.
(d) Each state agency identified in subdivision (a) is responsible
for the maintenance and protection of data received by their
respective agency. The state agency that possesses the data shall
follow privacy and confidentiality procedures consistent with all
applicable state and federal law.
(e) The department shall determine the availability of and request
or apply for, as appropriate, federal funds to assist the state in
implementing new direct certification requirements mandated by
federal law.
(f) This section shall become operative upon receipt of federal
funds to assist the state in implementing new direct certification
requirements mandated by federal law.