BILL NUMBER: SB 20 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Torlakson
DECEMBER 4, 2006
An act to amend Sections 41350, 49430, and 49531 of, to add
Section 49537 to, and to repeal and add Sections 49430.5 and 49536
of, the Education Code, relating to pupil nutrition, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 20, as introduced, Torlakson. Pupil nutrition: free and
reduced-price meals: reimbursement.
(1) The Pupil Nutrition, Health and Achievement Act of 2001
requires a school to be reimbursed $0.21 for free and reduced-price
meals sold or served to pupils. To qualify for this reimbursement a
school is required to follow the Enhanced Food Based Meal Pattern,
Nutrient Standard Meal Planning, or Traditional Meal Pattern
developed by the United States Department of Agriculture or the
California's Shaping Health as Partners in Education (SHAPE) Menu
Patterns developed by the state.
This bill would increase the reimbursement rate to $0.30 for
schools and child development programs and would change the
eligibility requirements, as specified. The requirements would be
phased in. During the phase-in period, a school or program that does
not meet those requirements for the increased reimbursement rate
would receive the reimbursement rate specified under the Child
Nutrition Act of 1974.
(2) The Child Nutrition Act of 1974 authorizes a child nutrition
entity, as defined, to apply to the State Department of Education for
all available federal and state funds so that a nutritionally
adequate breakfast or lunch, or both, may be provided to pupils and
requires the department before July 1 each year to prescribe an
adjustment in the established state meal contribution rates based on
a specified cost-of-living adjustment.
This bill would require the reimbursement rate established for
this program to be $0.21 commencing with the 2006-07 fiscal year and
adjusted annually for increases in the cost of living, as prescribed.
(3) This bill would require the department to create an annual
notification process that allows a school district, charter school,
county office of education, or child development program to indicate
its intent to comply with the meal standards under the $0.30
reimbursement rate or the lower rate and to conduct audits of meal
programs receiving state reimbursement at least twice every five
years. The bill would require the department to provide technical
assistance to a school district, charter school, county office of
education, or child development program that indicates an intent to
receive the higher reimbursement but does not comply with the
required nutrition standards.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41350 of the Education Code is amended to read:
41350. The Superintendent of Public Instruction
shall make allowances for child nutrition as follows:
(a) Reimbursement of child nutrition entities, as defined by
Section 49530.5, for all free and reduced priced
reduced-price meals, pursuant to Section
Sections 49430.5 and 49536.
(b) Reimbursement of school districts and county
superintendents of schools for the difference between the
current fiscal year average statewide lunch or breakfast cost for all
free and reduced-price meals required by Section 49550 as determined
by the Superintendent of Public Instruction and
the combined total income per meal derived from pupil charges,
federal funds, and state funds as provided in Article 11 (commencing
with Section 49550) of Chapter 9 of Part 27.
(c) Reimbursement of county superintendents of schools for the
difference between the current fiscal year average statewide lunch or
breakfast cost for all free and reduced-price meals as determined by
the Superintendent of Public Instruction and the combined total
income per meal derived from pupil charges, federal funds, and state
funds as provided in Article 11 (commencing with Section 49550) of
Chapter 9 of Part 27.
The
(c) The combined state and
federal reimbursements shall not exceed the current fiscal year
average statewide lunch or breakfast cost. If the combined pupil
charges, state reimbursements, and federal reimbursements exceed the
current average statewide lunch or breakfast costs, the federal funds
shall be expended prior to the expenditure of any state funds.
SEC. 2. Section 49430 of the Education Code is amended to read:
49430. As used in this article, the following terms have the
following meanings:
(a) "Elementary school" means a public school that maintains any
grade from kindergarten to grade 6, inclusive, but no grade higher
than grade 6.
(b) "Middle school" means any public school that maintains grade 7
or 8, 7 to 9, inclusive, or 7 to 10, inclusive.
(c) "High school" means any public school maintaining any of
grades 10 to 12, inclusive.
(d) "Full meal" means any combination of food items that meet
USDA-approved School Breakfast Program or National School Lunch
Program meal pattern requirements.
(e) "Added sweetener" means any additive other than 100 percent
fruit juice that enhances the sweetness of a beverage.
(f) "Sold" means the exchange of food for money, coupons, or
vouchers.
(g) "Entree" means a food that is generally regarded as being the
primary food in a meal, and shall include, but not be limited to,
sandwiches, burritos, pasta, and pizza.
(h) "Snack" means a food that is generally regarded as
supplementing a meal, including, but not limited to, chips, crackers,
onion rings, nachos, French french
fries, donuts, cookies, pastries, cinnamon rolls, and candy.
(i) "Deep fried" means the food being described is cooked by total
submersion in oil or fat.
SEC. 3. Section 49430.5 of the Education Code is repealed.
49430.5. (a) The reimbursement a school receives for free and
reduced price meals sold or served to pupils in elementary, middle,
or high schools included within a school district, charter school, or
county office of education shall be twenty-one cents ($0.21).
(b) To qualify for the reimbursement for free and reduced price
meals provided to pupils in elementary, middle, or high schools, a
school shall follow the Enhanced Food Based Meal Pattern, Nutrient
Standard Meal Planning, or Traditional Meal Pattern developed by the
United States Department of Agriculture or the SHAPE Menu Patterns
developed by the state.
(c) The reimbursement rates set forth in this section shall be
adjusted annually for increases in cost of living in the same manner
set forth in Section 42238.1.
SEC. 4. Section 49430.5 is added to the Education Code, to read:
49430.5. (a) (1) Beginning with the 2007-08 fiscal year, the
reimbursement rate shall be thirty cents ($0.30) for a school or
child development program that sold or served free and reduced-price
meals and meets the requirements of subdivision (b) or (c), as
applicable, and subdivision (d).
(2) The requirements of this section shall be phased in as
follows:
(A) During the 2007-08 fiscal year, compliance with the
requirements of this section is at the discretion of the school
district or child development program, which shall receive the
reimbursement rate provided pursuant to Section 49536 if it chooses
not to meet the requirements of subdivision (b) or (c), as
applicable, and subdivision (d).
(B) Beginning with the 2008-09 fiscal year, an elementary school
or child development program that sold or served free and
reduced-price meals shall meet the requirements of subdivision (b) or
(c), as applicable, and subdivision (d) and is no longer eligible to
choose to receive the reimbursement rate provided pursuant to
Section 49536 if it does not meet those requirements.
(C) Beginning with the 2010-11 fiscal year, a middle or high
school that sold or served free and reduced-price meals shall meet
the requirements of subdivisions (b) and (d) and is no longer
eligible to choose to receive the reimbursement rate provided
pursuant to Section 49536 if it does not meet those requirements.
(3) For purposes of this section, "school" includes a charter
school and schools operated and maintained by school districts or
county offices of education, and "school district" includes charter
schools and county offices of education.
(4) For purposes of this section, "child development program"
means a program operated pursuant to Chapter 2 (commencing with
Section 8200) of Part 6 of Division 1 of Title 1.
(b) In order to qualify to receive the reimbursement increase
pursuant to subdivision (a), a school shall satisfy all of the
following requirements:
(1) Follow the United States Department of Agriculture (USDA)
nutritional guidelines through the use of California's Shaping Health
as Partners in Education (SHAPE) menu patterns, as approved by the
State Department of Education.
(2) Not sell or serve any food item that is deep fried.
(3) Not sell or serve any food item that contains partially
hydrogenated or hydrogenated vegetable oils.
(4) Offer whole grain products for at least 25 percent of grain
and bread offerings weekly.
(5) Offer only milk and whole dairy products that are nonfat,
one-percent milk fat, or two-percent milk fat.
(6) Participate in the California Fresh Start Program and meet the
requirements of Article 11.5 (commencing with Section 49565).
(c) In order to qualify to receive the reimbursement increase
pursuant to subdivision (a), a child development program shall
satisfy all of the following requirements:
(1) Meet developmentally and programmatically appropriate meal
pattern or meal planning requirements developed by the USDA.
(2) Not sell or serve any food item that is deep fried.
(3) Not sell or serve any food item that contains partially
hydrogenated or hydrogenated vegetable oils.
(4) Offer whole grain products for at least 25 percent of grain
and bread offerings weekly.
(5) Offer only milk and whole dairy products that are nonfat,
one-percent milk fat, or two-percent milk fat.
(6) Offer at least one cup of fresh fruits and vegetables for
lunch meals weekly and at least one-half cup of fresh fruits and
vegetables for breakfast meals weekly.
(d) (1) In order to qualify to receive the reimbursement increase
pursuant to subdivision (a), a school district shall satisfy both of
the following:
(A) Hold a public hearing on or before July 1, 2008, to discuss
each of the following:
(i) An open campus policy that allows pupils to purchase or eat
the lunch meal outside of the school campus.
(ii) The capacity of each high school campus and the food service
program to serve a lunch meal to each high school pupil during the
lunch period.
(B) On or before January 1, 2009, amend the Local School Wellness
Policy as required by Section 204 of the federal Child Nutrition and
Women, Infants, and Children (WIC) Reauthorization Act of 2004 to
include each of the following:
(i) A policy on encouraging pupils to purchase or eat the lunch
meal on the school campus.
(ii) The assignment of administrative oversight at the school
district level to ensure compliance with this article.
(2) A child development program shall comply with the requirements
of this subdivision to the extent applicable.
(e) Beginning July 1, 2007, in order to be eligible to receive the
reimbursement specified in subdivision (a), a school district or
child development program shall provide the State Department of
Education a self-certification of compliance with subdivision (b) or
(c), as applicable, as part of the annual renewal process of the
department.
(f) The reimbursement rates set forth in this section shall be
adjusted annually for increases in cost of living in the same manner
set forth in Section 42238.1.
(g) A school district or child development program may apply for
the reimbursement provided by this section and any other
reimbursements provided by this code.
SEC. 5. Section 49531 of the Education Code is amended to read:
49531. (a) Any child nutrition entity
or an educational entity specified in Section 49430.5 may apply
to the State Department of Education
department for all available and applicable federal
and state funds so that a nutritionally adequate breakfast or lunch,
or both, may be provided to pupils each schoolday at each school in
the districts or maintained by the county superintendents of schools,
or at private schools and parochial schools and to children
receiving child development services. The State Board of
Education shall adopt rules and regulations for the
operation of lunch and breakfast programs in school districts. A
child nutrition entity which that
receives state funds pursuant to this article, shall provide
breakfasts and lunches in accordance with state and federal
guidelines.
A
(b) A nutritionally adequate
breakfast, for the purposes of this article, is one that qualifies
for reimbursement under the federal child nutrition program
regulations, meets a minimum of one-fourth of the current Recommended
Dietary Allowance established by the National Research Council, and
incorporates the current United States Dietary Guidelines for
Americans. A nutritionally adequate lunch is one that qualifies for
reimbursement under the federal child nutrition program regulations,
meets one-third of the Recommended Dietary Allowance established by
the National Research Council and incorporates the current United
States Dietary Guidelines for Americans.
State
(c) State reimbursement for
free and reduced-price meals provided pursuant to this article
or Section 49430.5 shall be limited to meals provided to
pupils who are within the relevant definitions and criteria in
federal statutes and regulations which that
prescribe eligibility for free and reduced price
reduced-p rice meals.
SEC. 6. Section 49536 of the Education Code is repealed.
49536. The State Department of Education shall, prior to July 1
of each year, prescribe an adjustment in the state meal contribution
rates established pursuant to this section for the forthcoming fiscal
year. The adjustments shall reflect the changes in the cost of
operating a school breakfast and lunch program and shall be made
commencing on July 1 of each year. The adjustment shall be the
average of the separate indices of the "Food Away From Home Index"
for Los Angeles and San Francisco as prepared by the United States
Bureau of Labor Statistics.
In giving effect to the cost-of-living provisions of this section,
the Department of Education shall use the same month for computation
of the percentage change in the cost of living after July 1, 1975.
The same month shall be used annually thereafter. The product of any
percentage increase or decrease in the average index and the per meal
reimbursement disbursement rate shall be adjusted by the amount of
any cost-of-living change currently in effect pursuant to the
provisions of this section.
Commencing with the 1990-91 fiscal year, the cost-of-living
adjustment shall be equal to the percentage change determined
pursuant to subdivision (b) of Section 42238.1.
SEC. 7. Section 49536 is added to the Education Code, to read:
49536. (a) The department, before July 1 of each year, shall
prescribe an adjustment in the state meal contribution rates
established pursuant to this section for the forthcoming fiscal year.
(b) Commencing with the 2006-07 fiscal year, the reimbursement
rates established pursuant to this section shall be twenty-one cents
($0.21) for free and reduced-price meals provided pursuant to this
article.
(c) The reimbursement rate set forth in this section shall be
adjusted annually for increases in the cost of living in the same
manner as set forth in Section 42238.1.
SEC. 8. Section 49537 is added to the Education Code, to read:
49537. (a) The department shall create an annual notification
process that allows a school district, charter school, county office
of education, or child development program to indicate its intent to
comply with the meal standards and reimbursement rate under Section
49430.5 or 49536.
(b) The department shall conduct audits of meal programs funded
pursuant to this article at least twice every five years.
(c) The department shall provide technical assistance to any
school district, charter school, county office of education, or child
development program that indicates an intent to receive
reimbursement pursuant to Section 49430.5 but does not comply with
the nutrition standards required by that section.
SEC. 9. 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
provide the increased reimbursement rate for school meals to schools
in a timely manner, it is necessary that this act take effect
immediately.