BILL NUMBER: AB 402 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2011
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 county office of education to enter into a
memorandum of understanding with the local agency that determines
CalFresh program eligibility, or its designee, to share
information provided on the School Lunch Program
application shared with the local agency that determines
eligibility under the CalFresh program to determine an
applicant's CalFresh program eligibility , 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 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 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
no . State-mandated local program: yes
no .
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) Each school district or county office of education,
at its option, may enter into a memorandum of understanding with the
local agency that determines CalFresh program eligibility, or its
designee, to share information provided on the School Lunch Program
application with that agency, if the applicant consents to the
sharing of that information. The information may be shared
electronically, physically, or through whatever method is determined
appropriate. Any memorandum of understanding entered into pursuant to
this section shall set forth the roles and responsibilities of the
school district or county office of education and the local agency
and the process to be used in sharing the information.
(b) The local agency that determines CalFresh program eligibility
shall only use information provided on a School Lunch Program
application for purposes directly related to the enrollment of
families in the CalFresh program.
(c) After a school district or county office of education shares
information provided on a School Lunch Program application with the
local agency that determines CalFresh program eligibility, or its
designee, for the purpose of determining the applicant's eligibility
for the CalFresh program, the school district or county office of
education and the local agency, or its designee, shall not share
information about the applicant or his or her household with each
other, or any other entity, unless specifically authorized to do so
pursuant to other provisions of law.
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 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.
(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. (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.
(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.
(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.
(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)
(c) to provide additional documentation as
required by current law necessary for retention of eligibility in the
CalFresh program.
(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) (e)
, 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.