BILL NUMBER: AB 402	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011

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 amended, 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  of schools  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 of schools  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  
Service  and the Social Security Administration, except as
necessary to verify information provided by the applicant. 
   (6) A notification that, if the pupil is determined to already be
enrolled in the CalFresh program, no further action will be taken by
the county.  
   (6) 
    (7)  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   (a)     Each county
shall  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. 
   (b) Upon receipt of a School Lunch Program application pursuant to
this section for a pupil who is not already enrolled in the CalFresh
program, the county shall treat the application as an application
for the CalFresh program. For purposes of administration of the
CalFresh program, the application date shall be the date that the
application is received by the county human services department. If
the county determines that the pupil is already enrolled in the
CalFresh program, it shall not take any further action. 

   (a) 
    (c)  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) 
    (d)  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) 
    (e)  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) 
    (f)  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.