BILL NUMBER: AB 839	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 17, 2011

   An act to add Section 49550.4 to the Education Code, relating to
pupil nutrition.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 839, as amended, Brownley. Pupil nutrition: federal School
Breakfast Program participation.
   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 states the intent of the Legislature that the
federal School Breakfast Program be made available in all schools
where it is needed to provide adequate nutrition for children in
attendance. Existing law requires the State Department of Education
to, in cooperation with school districts and county superintendents
of schools, provide information and limited financial assistance to
encourage school breakfast program startup and expansion into all
qualified schools. Existing law encourages school districts and
charter schools that do not operate school breakfast programs to
apply for funding to establish breakfast programs using funds
appropriated for this purpose in the annual Budget Act.
   This bill would state findings and declarations regarding the
importance of breakfast to the achievement of pupils. This bill would
require school districts to undertake specific actions to increase
access to the federal School Breakfast Program. The bill would
require school districts to submit a report to the State Department
of Education on each noncharter, public schoolsite within the
district that did not operate a federal School Breakfast Program in
the previous school year, hear and discuss the report at 2 school
district board meetings, and adopt a resolution for submission to the
department that indicates which schoolsites will continue not to
operate the program and articulates the reason for continued
nonoperation, and which schoolsites will begin to operate the program
and provides a timeline for implementation of the program.
   The bill would also require school districts to undertake
specified actions to increase participation in the federal School
Breakfast Program at sites where a breakfast program already exists.
The bill would require school districts to identify noncharter,
public schoolsites within the district that operate a federal School
Breakfast Program but experience low participation, as defined,
submit a report to the department regarding enrollment and
participation in the program ,  and considering
options concerning its operation, hear and discuss the report at 2
school district board meetings, and adopt a resolution for submission
to the department that indicates which schoolsites will continue to
operate the program without changes, and which schoolsites will
continue to operate the program with changes, and provides a timeline
for implementing those changes.
   Because this bill would require school districts 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.  The Legislature finds and declares all of the
following:
   (a) Children who eat breakfast have more healthful diets,
consuming more micronutrients and nutrient-rich foods like fruits,
vegetables, and milk, compared to children who do not eat breakfast.
   (b) Research shows that breakfasts served at school are often more
nutritious than breakfasts served at home or elsewhere.
   (c) Pupils who eat breakfast demonstrate better cognitive
performance and improved academic achievement.
   (d) Pupils who participate in the federal School Breakfast Program
are more likely to have a healthier body weight than
nonparticipants.
   (e) Effective school breakfast delivery models, like Classroom
Breakfast, have been shown to improve the learning environment for
all pupils by decreasing pupil absenteeism, tardiness, reports of
stomachache and headache, and disciplinary issues.
   (f) Alternative delivery models, such as Classroom Breakfast and
Second Chance Breakfast, have been shown to significantly improve
school breakfast participation and yield fiscal benefits.
   (g) Over 750 public schools in California do not offer the federal
School Breakfast Program.
   (h) The 91 percent of public schools in California that do not
offer the federal School Breakfast Program fail to reach 2.2 million
of the state's low-income public school pupils.
   (i) If participation in school breakfast programs matched
participation in school lunch programs among low-income pupils,
California's public schools would receive an additional $350 million
in federal meal reimbursements.
   (j) Given these findings on the health, academic, and fiscal
benefits of school breakfast, all school districts should assess the
opportunities for implementing school breakfast at sites not
operating the federal School Breakfast Program and improving school
breakfast at sites with low rates of participation in the School
Breakfast Program.
  SEC. 2.  Section 49550.4 is added to the Education Code, to read:
   49550.4.  (a) To increase access to the federal School Breakfast
Program, each school district shall do all of the following:
   (1) Submit a report to the department on each noncharter, public
schoolsite within the district that did not operate a federal School
Breakfast Program in the previous school year that shall include 
all of the following  :
   (A) The number of pupils enrolled at the site who are eligible to
receive free or reduced-price meals.
   (B) The average daily participation in the federal National School
Lunch Program among low-income pupils at the site.
   (C) The reasons for not operating a breakfast program at the site.

   (2) Hear and discuss the report produced pursuant to paragraph (1)
at two school district board meetings.
   (3) Adopt a resolution that does each of the following and submit
it to the department:
   (A) Indicates which noncharter, public schoolsites that did not
operate a federal School Breakfast Program in the previous school
year will continue not to operate the program and articulates the
reason for continued nonoperation.
   (B) Indicates which noncharter, public schoolsites that did not
operate a federal School Breakfast Program in the previous school
year will begin to operate the program and provides a timeline for
implementation of the program.
   (b) To increase participation in the federal School Breakfast
Program at sites where a breakfast program already exists, school
districts shall do all of the following:
   (1) Identify noncharter, public schoolsites within the district
that operate a federal School Breakfast Program but experience low
participation. For purposes of this subdivision, sites experiencing
low participation in the federal School Breakfast Program are those
in which either of the following apply:
   (A) Average daily participation of free- and
reduced-price-lunch-eligible pupils in the federal School Breakfast
Program is 20 percent or less  , or is less  than
the average daily participation  in   of 
free- and reduced-price-lunch-eligible pupils in the federal National
School Lunch Program.
   (B) Average daily participation of  free  
free-  and reduced-price-lunch-eligible pupils in the federal
School Breakfast Program is 15 percent or less than the number of
enrolled pupils  who are eligible for free and reduced-price
meals  .
   (2) Submit a report to the department that includes all of the
following for each schoolsite in the school district:
   (A) The number of pupils enrolled at the schoolsite who are
eligible to receive free or reduced-price school meals.
   (B) The average daily participation in the federal National School
Lunch Program among low-income pupils at the schoolsite.
   (C) Consideration of options including, but not limited to,
alternative service locations, service times, and payment structures
for the federal School Breakfast Program.
   (3) Hear and discuss the report produced pursuant to paragraph (2)
at two school district board meetings.
   (4) Adopt a resolution that does each of the following and submit
it to the department:
   (A) Indicates which noncharter, public schoolsites within the
district that operate a federal School Breakfast Program will
continue to operate the program without changes to service locations,
service times, or payment structures and articulates the reasons and
fiscal analyses for not making changes to the program.
   (B) Indicates which noncharter, public schoolsites within the
district that operate a federal School Breakfast Program will
continue to operate the program with changes to service locations,
service times, or payment structures and provides a timeline for
implementing those changes.
  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.