BILL ANALYSIS Ó
AB 402
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Date of Hearing: April 13, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 402 (Skinner) - As Introduced: February 14, 2011
SUBJECT : CalFresh program: School Lunch Program: information
SUMMARY : Authorizes a school district or a county
superintendent of schools to incorporate CalFresh program
information in the School Lunch Program (SLP) application.
Specifically, this bill :
1)Specifies that at the option of a school district or a county
superintendent of schools, and to the extent necessary to
implement a program authorizing a county to determine CalFresh
program eligibility using information from the SLP
application, the following information shall be incorporated
into the SLP application packet using simple and culturally
appropriate language:
a) A notification that if a pupil qualifies for free school
lunches, he or she also may qualify for the CalFresh
program.
b) 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.
c) 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.
d) A notification that the school lunch application is
confidential and, with the exception of forwarding the
information for use in CalFresh program enrollment, 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
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purpose other than administration of the CalFresh program.
e) A notification that information contained in the SLP
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.
f) Information regarding the CalFresh program, including
available services, program requirements, rights and
responsibilities, and privacy and confidentiality
requirements.
2)Specifies that school districts and county superintendents of
schools may implement a process to share information provided
on the SLP 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.
3)Specifies that each school district or county superintendent
of schools that chooses to share information pursuant to this
bill 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.
4)Specifies that the local agency that determines eligibility
under the CalFresh program shall only use information provided
by applicants on the SLP application for purposes directly
related to administration of the CalFresh program.
5)Specifies that 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 SLP participation or
CalFresh program eligibility with each other unless
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specifically authorized under other provisions of law.
6)Requires each county to participate in a statewide pilot
program to use the procedure established pursuant to this bill
to determine CalFresh program eligibility for children whose
information is shared with the county and, if the child is
eligible, requires the county to enroll the child in the
CalFresh program, upon receipt of a signed CalFresh program
application.
7)Specifies that if the county determines from the SLP
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.
8)Specifies that 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.
Provides that 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.
9)Requires each county to request the parent or guardian of each
child whom the county determines meets the eligibility
requirements for participation in the CalFresh program to
provide additional documentation as required by current law
necessary for retention of eligibility in the CalFresh
program.
10)Specifies that if a parent or guardian of a child does not
provide the documentation required for retention of CalFresh
program eligibility, the county shall deny or discontinue
CalFresh program benefits in accordance with existing
regulations and laws.
EXISTING LAW :
1)Requires each school district or county superintendent of
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schools maintaining any kindergarten or any of grades 1
through 12 to provide for each needy pupil one nutritionally
adequate free or reduced-price meal during each schoolday,
except for family day care homes that shall be reimbursed for
75% of the meals served.
2)Defines needy children as those children who meet federal
eligibility criteria for free and reduced price meals, except
for family day care homes which shall be reimbursed for 75% of
the meals.
3)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 students at all times
during each regular schoolday. Requires the application to
contain specified information.
4)Requires the California Department of Education (CDE) to
create a computerized data-matching system using existing
databases from the CDE and the State Department of Health Care
Services to directly certify recipients of the Food Stamp
Program, the California Work Opportunity and Responsibility to
Kids Program (CalWORKs), and other programs authorized for
direct certification under federal law, for enrollment in the
National School Lunch and School Breakfast Programs (SBP).
5)Encourages each school district and county superintendent of
schools to include information in the meal application that
parents may use to request information concerning the Medi-Cal
program and the Healthy Families Program. Specifies that at
the option of the school district and county superintendent,
the application may contain the following:
a) A notification that if a child qualifies for free school
lunches, then the child may qualify for free or
reduced-cost health coverage.
b) A request for consent to allow information in the SLP
application to be shared with the entity that makes
eligibility determination for the Medi-Cal program.
c) A notification that the information in the school lunch
application is confidential and, with the exception of
sharing the information with the agency that determines
Medi-Cal eligibility, will not be shared with any
governmental agency, including the federal Department of
Homeland Security and the Social Security Administration.
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d) Information regarding the Medi-Cal Program.
6)Authorizes school districts and county superintendent of
schools to implement a process to share information provided
on the SLP application with the entity designated by the State
Department of Health Services to make an accelerated
determination and with the local agency that determines
eligibility under the Medi-Cal Program. Requires each school
district or county superintendent that chooses to share
information to enter into a memorandum of understanding with
the local agency that determines Medi-Cal eligibility that
sets forth the roles and responsibilities of each agency and
the process to be used in sharing the information.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "As families continue to
feel the impacts of the recession, federal programs such as the
Free or Reduced Price Meal Program and CalFresh (formerly Food
Stamp) provide a safety net to help ensure that low-income
children get adequate nutrition. Recent U.S. data found that in
2009 nearly 17.2 million children, or almost one in four, lived
in food insecure households where their families faced a
constant struggle against hunger. In California between 2008 and
2010, an alarming number of children became newly eligible for
free and reduced-cost meal programs in nearly every county.
Although 3.4 million children are now eligible for school meal
programs, a large number of these children and their families
are not participating in CalFresh. California loses nearly $5
billion in federal food benefits and $1.7 billion in generated
economic activity due to low CalFresh participation rates."
This bill proposes to utilize information contained in the
school meal program application to initiate the determination of
eligibility for the CalFresh program (formerly the Food Stamp
program).
School meal programs : Existing law requires LEAs to provide one
nutritiously adequate free and reduced-price meal to needy
children once a day during each schoolday. A needy child is
defined as a child who meets the federal eligibility for free
and reduced-price meals. School meal programs are funded
predominantly by the United States Department of Agriculture
(USDA) through its National School Lunch and School Breakfast
programs and supplemented by state funds. These programs are
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federal entitlement programs, which mean that allocations are
not fixed; federal funds will be provided as long as recipients
meet eligibility criteria. In 2009-10, the state received
$341.3 million for SBP and $1.2 billion for SLP. State funds
augmented the program by $40.6 million for SBP and $93.8 million
for SLP. According to the CDE, on an average day, more than
4.7 million nutritious meals are served at approximately 43,000
locations. Income eligibility is 130% of federal poverty
guidelines for free meals ($28,665 for a family of four) and
185% of federal poverty guidelines for reduced-price meals
($40,793 for a family of four). Current law also establishes a
direct certification process whereby children who are enrolled
in certain public benefits programs such as CalWORKs and
CalFresh are automatically enrolled in the free and
reduced-price meal program, and a categorically eligible process
whereby migrant, homeless and foster care children are also
automatically enrolled. Existing law requires a LEA to make
applications for free or reduced price meals available to
students at all times during each regular schoolday. According
to the CDE, 1,013 of 1,047 districts in the state offer SLP
while 866 districts offer SBP.
CalFresh program : CalFresh is another food program for low
income individuals funded through the USDA. Similar to the SBP
and the SLP, CalFresh is also an entitlement program. CalFresh
is available to individuals with maximum gross income of 130% of
federal poverty level ($28,665 for a family of four) and a net
income of 100% of federal poverty guidelines and who meet one of
the following: 1) applicant has lived in the country for five
years; 2) applicant is receiving disability-related benefits,
regardless of how long s/he has lived in the country; or, 3)
applicant is a child under 18 years of age regardless of how
long s/he has lived in the country. Each individual/household
amount of benefit varies depending on income. According to the
California Department of Social Services, the average amount per
household per month is $200. The benefit amount is deposited
into a debit card which can be used to purchase food or seeds
and plants to grow food, including grocery stores, convenience
stores, and even some farmer's markets. Children are eligible
for benefits even if their parents are not eligible. Over two
million Californians receive CalFresh benefits. However,
according to the California Food Policy Advocates, there are an
estimated three million eligible individuals who are not
receiving CalFresh benefits.
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This bill authorizes LEAs to include CalFresh information on the
school meal program application. The form would include an area
where parents or legal guardians can provide consent to allow
LEAs to share information regarding children who are eligible
for free and reduced-price meals with the county agency
responsible for determining eligibility for CalFresh. According
to the sponsors, County Welfare Directors Association and
Western Center on Law and Poverty, the USDA's Food and Nutrition
Services agency, which oversees the Supplemental Nutrition
Assistance Program (SNAP) - the name of the CalFresh program at
the federal level - has encouraged county social service
departments to ask school districts to provide data for school
meal program recipients in order to establish a data match for
SNAP enrollment. This has been a very effective means of
increasing SNAP enrollment in other locations, such as
Montgomery County, Maryland where over 20,000 children receiving
free school lunches were enrolled into the program via this
data-sharing method. School districts, however, assert that the
Federal Educational Rights and Privacy Act prohibits release of
pupil information, except for specified purposes, without the
consent of pupils or their parents/legal guardians if the pupils
are under age 18.
This bill is modeled after an existing program commonly called
the Express Lane Eligibility program, which seeks parental/legal
guardian consent through the SLP to enroll children in the
Medi-Cal program (California's Medicaid program) based initially
on information on the SLP provided by school districts or county
superintendent of schools to county social services agencies
responsible for determining Medi-Cal eligibility. County social
service agencies are required to participate in a state pilot
program to determine Medi-Cal eligibility based on the
information provided by LEAs.
Medi-Cal Express Lane Eligibility program : Established by AB 59
(Cedillo), Chapter 894, Statutes of 2001, the Express Lane
Eligibility program was launched in 2003-04 as a pilot program
with participation by districts in four counties: Fresno, Los
Angeles, San Diego, and San Mateo. Four more districts from
Mendocino and San Luis Obispo counties joined the pilot program
in 2004-05. Under the premise that improving access to health
care reduces absenteeism and improves school readiness,
information regarding the Medi-Cal program is incorporated into
SLP applications to inform parents that eligibility in the free
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and reduced-price lunch programs may indicate eligibility for
the Medi-Cal program. Parents could provide their consent to
allow the LEA to forward the information contained in the SLP to
the county through the SLP application. The county would
provide presumptive (immediate) eligibility for Medi-Cal
benefits while reviewing and collecting additional information
to determine on-going eligibility. LEAs and counties
participating in the program must develop and sign a memorandum
of understanding detailing their respective roles and
responsibilities.
A 2006 report evaluating the program over a three year period
found that in the first year, 42% of parents of free and
reduced-price eligible children provided consent. The
percentage of parents providing consent declined over the next
two years. County social service agencies reported receiving
5,500 Express Lane applications in the first year, 3,100 in the
second year and 3,700 in the third year. Over the course of the
pilot program, between 1,200 (32%) and 1,800 (45%) children were
"expressed enrolled". Of these, 916 (51%) received on-going
eligibility in the first year but declined to 437 (35%) in the
second year and 546 (33%) in the third year. The decrease may
be due in part to some applicants being found to be ineligible;
some were already enrolled in Medi-Cal, while some did not
submit the necessary information for the county to determine
on-going eligibility. Existing law prohibits the use of the
information on the SLP application for any other purposes other
than to determine eligibility for free and reduced-price meals
and, with parents' consent, share the information with the
county social service agency to determine Medi-Cal eligibility.
Existing law also requires the information on the SLP to include
notification that the information will not be shared with the
Department of Homeland Security or the Social Security
Administration. As of 2004-05, 19 districts participated in the
program.
The process to be used by this bill is identical to that of the
Express Lane Eligibility program.
Discussion : Will this form be too long and overwhelm parents?
The report on the Express Lane Eligibility program did not show
that applications for school meals were reduced as a result of
adding Medi-Cal information. Will this addition be too much?
This bill requires the county agency responsible for determining
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CalFresh eligibility to participate in a pilot with LEAs to
determine eligibility using the school meal program application.
The reference to pilot was modeled after the Express Lane
Eligibility. However, the Express Lane program does not have an
end date and has not been treated as a pilot. Staff recommends
striking the reference to a pilot.
What happens with the application if the recipient is already
receiving CalFresh benefits? In the Express Lane program,
parents/guardians of children who were already receiving
Medi-Cal received a notice that their children were not
eligible. This lead to confusion. Staff recommends an
amendment to clarify that if a child is already receiving
CalFresh, the county would not be required to do anything with
the application. Staff also recommends including a notification
in the SBL application that no further action will be taken if
the child is already receiving CalFresh.
Under federal rules, counties are required to process
applications within 30 days of receipt of application. Staff
recommends a clarification that for the purpose of this bill,
the date of receipt of an application is the date the county
social service office receives the school meal application from
the LEA.
Arguments in Support . The Western Center on Law and Poverty
states, "There is well documented relationship between hunger,
academic achievement and child development. According to the
Food Research and Action Center, children experiencing hunger
can have many negative effects on children's academic
performance and school behavior, including:
Hungry children have lower math scores and are more
likely to have to repeat a grade.
Children experiencing hunger are more likely to be
hyperactive, absent and tardy, in addition to having
behavioral and attention problems more often than other
children.
Children who experience hunger are more likely to have
repeated a grade, received special education services, or
received mental health counseling, than low-income children
who do not experience hunger."
Related legislation . AB 839 (Brownley), pending in the Assembly
Education Committee, requires each school district or county
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superintendent of schools maintaining kindergarten or any of
grades 1 through 12 to submit specified reports and governing
board resolutions to the California Department of Education
regarding access and participation in the federal SBP.
REGISTERED SUPPORT / OPPOSITION :
Support
County Welfare Directors Association of California (co-sponsor)
Western Center on Law and Poverty (co-sponsor)
Butte County Department of Employment and Social Services
California Association of Food Banks
California Hunger Action Coalition
Coalition of California Welfare Rights Organizations
County of Santa Clara Board of Supervisors
Humboldt County Department of Health and Human Services
Jericho
Laborers' Local 777
Laborers' Local 792
Santa Barbara County Department of Social Services
Opposition
None on file
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087