BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 402
AUTHOR: Skinner
AMENDED: May 27, 2011
FISCAL COMM: No HEARING DATE: June 22, 2011
URGENCY: No CONSULTANT:Lynn Lorber
NOTE : This bill has been referred to the Committees on
Education and Human
Services. A "do pass" motion should include
referral to the Committee
on Human Services.
SUBJECT : School Lunch Program application and CalFresh
program eligibility.
SUMMARY
This bill authorizes school districts and county offices of
education to share information provided on the School Lunch
Program application with the local agency that determines
CalFresh program eligibility, and requires each county to
determine eligibility for, and enroll an eligible pupil in,
CalFresh based on the information shared by a district or
county office.
BACKGROUND
Current law authorizes school districts and county offices
of education to include in the School Lunch Program
application a request for the applicant's consent for the
child to participate in the Medi-Cal program, if eligible,
and to have the information on the school lunch application
shared with the local agency that determines Medi-Cal
eligibility. Each school district or county office of
education that chooses to share information is required to
enter into a memorandum of understanding with the local
agency that determines eligibility under the Medi-Cal
program. (Education Code § 49557.2)
AB 402
Page 2
ANALYSIS
This bill authorizes school districts and county offices of
education to share information provided on the School Lunch
Program application with the local agency that determines
CalFresh program eligibility, and requires each county to
determine eligibility for, and enroll an eligible pupil in,
CalFresh based on the information shared by a district or
county office. Specifically, this bill:
1) Authorizes each school district or county office of
education to enter into a memorandum of understanding
(MOU) 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 school lunch
applicant consents to the sharing of that information.
The MOU is to describe the roles and responsibilities
of the district or county office and the local agency,
and the process to be used in sharing the information.
2) Requires the local agency that determines CalFresh
eligibility to only use information from the school
lunch application for purposes directly related to the
enrollment of families in the CalFresh program.
3) Prohibits a school district or county office of
education, after sharing school lunch information with
the CalFresh local agency, from sharing information
about the applicant or household with the local agency
or any other entity unless specifically authorized to
do so under other provisions of law.
4) Authorizes the information to be shared
electronically, physically, or through whatever method
is determined appropriate.
5) Requires each county to use the procedure described
below to determine CalFresh program eligibility for
pupils whose school lunch application information is
shared with the county.
6) Requires the county to enroll the pupil in the
AB 402
Page 3
CalFresh program if the pupil is eligible, upon
receipt of a signed CalFresh program application
(which may be a school lunch application). This bill
provides that the application date is the date that
the application is received by the county human
services department, and that the county shall not
take any further action if it is determined that the
pupil is already enrolled in CalFresh.
7) Requires the county, if it determines from the school
lunch application and supporting documents that the
pupil or his or her family meets the income
eligibility for CalFresh, to notify the parent that
the child or his or her family has been found eligible
for the CalFresh program.
8) Requires the county to contact the parent for
additional information if the county cannot determine
from the school lunch application whether the pupil or
his or her family is eligible for CalFresh.
9) Requires the county to notify the parent if it
determines that the pupil or his or her family is not
eligible for CalFresh.
10) Requires each county to request the parent of each
pupil eligible for CalFresh provide additional
documentation as currently required for retention of
eligibility in the CalFresh program.
11) Requires the county to deny or discontinue CalFresh
benefits if a parent does not provide the
documentation required for retention of CalFresh
eligibility.
STAFF COMMENTS
1) Purpose of the bill . 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. Although
AB 402
Page 4
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. The
USDA's Food and Nutrition Services agency, which
oversees Supplemental Nutrition Assistance Program
(SNAP) 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 (CalFresh)
enrollment."
2) Data sharing reciprocity . Currently, schools can
request from county social services a list of pupils
who are receiving CalFresh benefits, for the purpose
of enrollment in the free or reduced price meal
program. This bill provides the option for schools to
share information about pupils enrolled in the free
and reduced price meal program with county social
services for the purpose of enrollment in the CalFresh
program.
3) Privacy of pupil records . This bill requires parental
consent prior to the sharing of any information about
pupils enrolled in the free or reduced price meal
program, which is consistent with provisions of the
federal Family Education Rights and Privacy Act.
SUPPORT
Alameda County Board of Supervisors
Alameda County Community Food Bank
Butte County Department of Employment and Social Services
California Association of Food Banks
California Food Policy Advocates
California Hunger Action Coalition
California State Association of Counties
California School Employees Association
California State PTA
City and County of San Francisco
County of Santa Barbara Department of Social Services
County of Santa Clara Board of Supervisors
County Welfare Directors Association of California
Food Bank of Contra Costa and Solano
AB 402
Page 5
Humboldt County Department of Health and Human Services
Los Angeles County Board of Supervisors
National Association of Social Workers, California Chapter
Western Center on Law and Poverty
OPPOSITION
None on file.