BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 2555
AUTHOR: Carter
INTRODUCED:February 24, 2012
FISCAL COMM: Yes HEARING DATE: June 13, 2012
URGENCY: No CONSULTANT:Daniel Alvarez
SUBJECT : Free or reduced price meals: summer school
session: waivers.
SUMMARY
This bill changes the period of time that a school district
is required to submit a waiver for the Summer Food Service
(SFS) Program for Children to no later than 60 days, rather
than 30 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.
BACKGROUND
Current law requires public schools to offer at least one
meal to every child on each school day. 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.
Requires a school district to submit a waiver for the SFS
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Program 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)
ANALYSIS
This bill changes the period of time that a school district
is required to submit a waiver for the Summer Food Service
(SFS) Program for Children to no later than 60 days, rather
than 30 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.
STAFF COMMENTS
1) Need for the bill . According to the author's office,
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 California Department of
Education (CDE) has made a concerted effort to reduce
the number of waivers submitted to the State Board of
Education requesting that a district forego providing
school lunches to pupils during summer school. This
measure will allow CDE additional time to provide
technical assistance to school districts and possible
alternatives to the waiver, thereby further reducing
the number of waivers sent to the SBE, in an effort to
find ways to provide meals to pupils in summer school.
2) Additional background . The Summer Food Service
Program is a federally funded program that reimburses
sponsors for administrative and operational costs of
providing meals to children 18 years of age and
younger during periods when they are out of school for
15 or more consecutive school days. Public and
private schools, Indian tribal governments, local
governments, and other public or private nonprofit
agencies are eligible to participate in the program.
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
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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.
The CDE received 50 summer meal waiver requests during
2009, 38 waiver requests in 2010, and 26 waiver
requests in 2011.
3) Data shows decline in summer meals served . According
to the Food Research and Action Center (FRAC),
participation in federal summer nutrition programs has
declined nationally and California's budget crisis
continued to have a major effect on the national
trend. Over the past few years, California which
traditionally had a strong summer food program has
seen participation decline. California served 33,000
fewer children in 2011 than in 2010. California has
slipped from feeding approximately 27 of every 100
low-income children in July 2008 to feeding only 17 of
every 100 in July 2011.
4) Does the measure shorten the summer meal planning
period for some districts? This measure, by requiring
a waiver request 30 days sooner for the SFS Program
than current statute, may have the effect of limiting
the amount of time a school district has for planning
out its summer food program. To-date staff has not
received any information that a timing change for
waiver submittals, as contemplated in this measure,
would have an adverse impact on the school district
meal planning or programs.
5) Fiscal implications? The Assembly Appropriations
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Committee indicates that this measure would have no
appreciable General Fund fiscal impact.
6) Prior legislation . Chapter 651, Statutes of 2005 (AB
1392, Umberg), 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 Summer Food Service (SFS) Program and allowed
districts to use funds from other meal programs for
SFS Program.
SUPPORT
American Federation of State, County and Municipal
Employees
State Superintendent of Public Instruction, Tom Torlakson
California Food Policy Advocates
California School Nutrition Association
OPPOSITION
None on file.