BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2555
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          ASSEMBLY THIRD READING
          AB 2555 (Carter)
          As Introduced  February 24, 2012
          Majority vote 

           EDUCATION           6-3         APPROPRIATIONS      12-4        
           
           ----------------------------------------------------------------- 
          |Ayes:|Brownley, Ammiano,        |Ayes:|Fuentes, Blumenfield,     |
          |     |Butler, Carter, Eng,      |     |Bradford, Charles         |
          |     |Williams                  |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Norby, Halderman, Wagner  |Nays:|Donnelly, Nielsen, Norby, |
          |     |                          |     |Wagner                    |
           ----------------------------------------------------------------- 
           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  requires:

          1)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; or, 


             c)   The entire summer school day is less than two hours 
               (Education Code Section 49548).









                                                                  AB 2555
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          2)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 Section 49548).

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, no additional costs to the State Department of 
          Education to implement this measure.  

           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, 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.  This bill 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 








                                                                  AB 2555
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          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. 
           

          Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087 


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