BILL ANALYSIS Ó
AB 2555
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Date of Hearing: April 11, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 2555 (Carter) - As Introduced: February 22, 2012
SUBJECT : Free or reduced-price meals: summer school session:
waivers.
SUMMARY : Requires a school district to submit a waiver for the
Summer Food Service Program for Children (SFS) no later than 60
days before the last regular meeting of the State Board of
Education (SBE) before the start of the summer school session
for which the waiver is sought.
EXISTING LAW :
1)Requires public schools to offer at least one meal to every
child on each school day, known as the "State Meal Mandate."
School districts may request a waiver to the State Meal
Mandate for summer school, and a waiver shall be granted if
they meet one of three conditions:
a) If a Summer Food Service Program for children is located
within one-half mile of an elementary school and within one
mile of a middle school or high school.
b) Serving meals during summer school session would result
in a financial loss to the school district in an amount
that is equal to one-third of their net cash resources.
c) The entire summer school day is less than two hours.
(Education Code 49548)
2)Requires a school district to submit a waiver for the SFS no
later than 30 days before the last regular meeting of the SBE
before the start of the summer school session for which the
waiver is sought. (Education Code 49548)
FISCAL EFFECT : Unknown
COMMENTS : Current law requires each school district
maintaining grades kindergarten through 12th grade to provide
lunch to pupils for each day of summer school. If certain
conditions exist a one year waiver can be granted by the SBE,
AB 2555
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but the request must be submitted 30 days prior to the last
regular meeting of the SBE before the commencement of the summer
school session. AB 2555 seeks to extend the 30 day timeline
that is required for school districts to submit a request to
waive the mandate to serve meals to their pupils to no later
than 60 days prior to the last regular meeting of the SBE before
the commencement of the summer school session.
Currently when a school district applies for a waiver claiming
the program will result in a financial loss to the school
district in an amount that is equal to one-third of their net
cash resources, California Department of Education (CDE)
performs a financial analysis of the program to verify the data
provided. In many instances, the CDE is able to provide
technical assistance to a district to help them find a way to
provide a meal to students without creating a financial loss to
the school district that is equal to one-third of their net cash
resources. Because this data analysis and technical assistance
takes time, this bill seeks to extend the deadline for waiver
requests by 30 days to give CDE more time to provide such
assistance to districts. It appears that with more time to
assess waiver requests and provide assistance, the CDE will be
able to help even more districts provide meals to students
during summer school.
According to the author, children who are hungry have trouble
concentrating in class and have less energy for school. In
addition, their health and development can be affected by poor
nutrition. For some children their school meal is the only
nutritionally adequate meal they will receive all day. Since
2005, the CDE has been making a concerted effort to reduce the
number of waivers for SFS going before the SBE. Over the last
six years, with CDE's technical assistance, the number of
waivers requested has decreased by over 75%. The additional 30
days, that this bill affords, will allow the CDE staff to
provide school districts with the in-depth technical assistance
in exploring alternative methods of providing meals to children
before the waiver is presented before the SBE.
Previous Legislation : AB 1392 (Umberg), Chapter 651, Statutes of
2005, changed the conditions under which the SBE is required to
grant a waiver to school districts and county offices of
education from participating in the SFS and allowed districts to
use funds from other meal programs for SFS.
AB 2555
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REGISTERED SUPPORT / OPPOSITION :
Support
State Superintendent of Public Instruction, Tom Torlakson
Opposition
None on file.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087