BILL NUMBER: AB 92	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Garcia

                        DECEMBER 18, 2006

   An act to add Section 49550.4 to the Education Code, relating to
school meals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 92, as introduced, Garcia. Pupil nutrition: school meals.
   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 each schoolsite that meets the
qualifications for federal severe need reimbursement to offer
breakfast beginning with the 2008-09 school year. The bill would
authorize the State Department of Education to consider granting
waivers of this requirement if the local school governing board
declares that the operation of the program is financially infeasible
even with a startup or expansion grant, and requires the department
to provide the school district or county office of education seeking
a waiver with technical assistance to attempt to overcome any
barriers the school district or county office of education is
experiencing prior to granting the waiver. This bill would require
that schools offering the federal School Breakfast Program for the
first time pursuant to these provisions receive a priority for
funding through the startup and expansion grant program.
   By requiring all schools that meet certain conditions to provide
breakfast unless they receive a waiver, this bill would impose a
state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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
182,000,000 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 a school
breakfast consume more fruits, vegetables, and calcium and less sugar
than nonparticipants.
   (c) National studies show that eating a 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 a 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 School Breakfast
Program in schools statewide.
   (f) Despite the benefits of a 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 49550.4 is added to the Education Code, to read:
   49550.4.  (a) Commencing with the 2008-09 school year, each
schoolsite that meets the qualifications for the federal severe need
reimbursement, pursuant to subsection (d) of Section 1773 of Title 42
of the United States Code, shall offer breakfast.
   (b) The department may grant a waiver of the meal requirement
pursuant to subdivision (a) only if the local school governing board
declares that the operation of the program is financially infeasible
for the school and the school district or county office of education
even with a startup or expansion grant pursuant to Section 49550.3.
Prior to granting a waiver, the department shall provide the school
district or county office of education seeking the waiver with
technical assistance to attempt to overcome any barriers the school
district or county office of education is experiencing in
implementing the meal requirement pursuant to subdivision (a).
   (c) Schools offering the federal School Breakfast Program for the
first time pursuant to subdivision (a) shall receive a priority for
funding through Section 49550.3.
  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.