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 AB 2555 Page 2 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 AB 2555 Page 3 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 AB 2555 Page 4 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.