BILL NUMBER: AB 402	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 14, 2011

   An act to add Section 49557.3 to the Education Code, and to add
Section 18901.55 to the Welfare and Institutions Code, relating to
the CalFresh program.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 402, as introduced, Skinner. CalFresh program: School Lunch
Program: information.
   Existing law requires each school district or county
superintendent of schools maintaining any 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.
   This bill would authorize a school district or a county
superintendent to incorporate into the School Lunch Program
application packet specified notifications related to the CalFresh
program, including a notification that if a pupil qualifies for free
school lunches, he or she also may qualify for the CalFresh program.
This bill would permit a request for the applicant's consent for the
pupil to participate in the CalFresh program, if eligible, and to
have information on the School Lunch Program application shared with
the local agency that determines eligibility under the CalFresh
program, as specified.
   The bill would authorize school districts and county
superintendents of schools to share information on the School Lunch
Program application and would require school districts and county
superintendents that choose to share that information to enter into a
a memorandum of understanding that sets forth the roles and
responsibilities of each agency and the process to be used in sharing
the information. The bill would also provide that the local agency
that determines eligibility under the CalFresh program shall only use
information provided by applicants on the School Lunch Program
application for purposes directly related to administration of the
CalFresh program.
   This bill would also require each county to participate in a
statewide pilot program to determine CalFresh program eligibility for
children from the information provided on a School Lunch Program
application shared with the county pursuant to the provisions
discussed above, and, if the child is eligible, to enroll the child
in the CalFresh program, upon receipt of a signed CalFresh program
application. The bill would also require each county to request that
the parent or guardian of each child who it determines meets the
eligibility requirements for participation in the CalFresh program to
provide additional documentation necessary for retention of
eligibility in the CalFresh program. Because the bill would require
local agencies to perform additional duties, 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.  Section 49557.3 is added to the Education Code, to
read:
   49557.3.  (a) At the option of a school district or a county
superintendent of schools, and to the extent necessary to implement
Section 18901.55 of the Welfare and Institutions Code, the following
information shall be incorporated into the School Lunch Program
application packet using simple and culturally appropriate language:
   (1) A notification that if a pupil qualifies for free school
lunches, he or she also may qualify for the CalFresh program.
   (2) A request for the applicant's consent for the pupil to
participate in the CalFresh program, if eligible, and to have
information on the school lunch application shared with the local
agency that determines eligibility under the CalFresh program.
   (3) A notification that the school district or county
superintendent of schools will not forward the school lunch
application to the local agency that determines eligibility under the
CalFresh program without the consent of the pupil's parent or
guardian.
   (4) A notification that the school lunch application is
confidential and, with the exception of forwarding the information
for use in CalFresh program enrollment consistent with Chapter 10
(commencing with Section 18900) of Part 6 of Division 9 of the
Welfare and Institutions Code upon the consent of the pupil's parent
or guardian, the school district or county superintendent of schools
will not share the information with any other governmental agency,
including the federal Immigration and Naturalization Service and the
Social Security Administration, for any purpose other than
administration of the CalFresh program.
   (5) A notification that information contained in the School Lunch
Program application packet will only be used by state and local
agencies that administer the CalFresh program for purposes directly
related to the administration of the CalFresh program and will not be
shared with other governmental agencies, including the federal
Immigration and Naturalization Services and the Social Security
Administration, except as necessary to verify information provided by
the applicant.
   (6) Information regarding the CalFresh program, including
available services, program requirements, rights and
responsibilities, and privacy and confidentiality requirements.
   (b) (1) School districts and county superintendents of schools may
implement a process to share information provided on the School
Lunch Program application with the local agency that determines
eligibility under the CalFresh program and share that information
with that agency, if the applicant consents to that sharing of
information. This information may be shared electronically,
physically, or through whatever method is determined appropriate.
   (2) Each school district or county superintendent of schools that
chooses to share information pursuant to this subdivision shall enter
into a memorandum of understanding with the local agency that
determines eligibility under the CalFresh program that sets forth the
roles and responsibilities of each agency and the process to be used
in sharing the information.
   (3) The local agency that determines eligibility under the
CalFresh program shall only use information provided by applicants on
the School Lunch Program application for purposes directly related
to administration of the CalFresh program.
   (4) After a school district or county superintendent of schools
shares information regarding the school lunch application with the
local agency that determines eligibility under the CalFresh program
for the purpose of determining CalFresh program eligibility, the
local agency shall not share information about School Lunch Program
participation or CalFresh program eligibility with each other unless
specifically authorized under other provisions of law.
  SEC. 2.  Section 18901.55 is added to the Welfare and Institutions
Code, to read:
   18901.55.  Each county shall participate in a statewide pilot
program to use the procedure described in this section to determine
CalFresh program eligibility for children whose information is shared
with the county pursuant to Section 49557.3 of the Education Code,
and, if the child is eligible, the county to enroll the child in the
CalFresh program, upon receipt of a signed CalFresh program
application.
   (a) If the county determines from the School Lunch Program
application and supporting documents that the child or his or her
family meets the income eligibility requirements for participation in
the CalFresh program, the county shall notify the parent or guardian
of the child that the child or his or her family has been found
eligible for the CalFresh program.
   (b) If the county is unable to determine from the information on
the application whether the child or his or her family is eligible
for the CalFresh program, the county shall contact the parent or
guardian of the child to seek any additional information regarding
income, household composition, or deductions that the county may
determine to be necessary to complete the CalFresh program
application. If the county determines that the child or his or her
family does not meet the eligibility requirements for participation
in the CalFresh program, the county shall notify the parent or
guardian of the child of the determination.
   (c) Each county shall request the parent or guardian of each child
whom the county determines meets the eligibility requirements for
participation in the CalFresh program under subdivision (a) to
provide additional documentation as required by current law necessary
for retention of eligibility in the CalFresh program.
   (d) If a parent or guardian of a child does not provide the
documentation required for retention of CalFresh program eligibility,
as requested pursuant to subdivision (c), the county shall deny or
discontinue CalFresh program benefits in accordance with existing
regulations and laws.
  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.