BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2555
Author: Carter (D)
Amended: As introduced
Vote: 21
SENATE EDUCATION COMMITTEE : 6-1, 6/13/12
AYES: Lowenthal, Alquist, Hancock, Liu, Price, Simitian
NOES: Huff
NO VOTE RECORDED: Runner, Blakeslee, Vargas, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 5-1, 6/25/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters
NO VOTE RECORDED: Dutton
ASSEMBLY FLOOR : 49-24, 4/30/12 - See last page for vote
SUBJECT : Free or reduced-price meals: summer school
session:
waivers
SOURCE : Author
DIGEST : 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.
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ANALYSIS :
Existing law:
1. 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 an SFS 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.
2. Requires a school district to submit a waiver for the
SFS 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 Section 49548)
This bill changes the period of time that a school district
is required to submit a waiver for the SFS Program for
Children to no later than 60 days, rather 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.
Background
The SFS 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
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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 one-third of
their net cash resources, 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.
Comments
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.
According to the Senate Education Committee analysis, this
bill, 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
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waiver submittals, as contemplated in this measure, would
have an adverse impact on the school district meal planning
or programs.
Prior 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 Program and allowed districts
to use funds from other meal programs for SFS Program.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
The Assembly Appropriations Committee indicates that this
bill will have no appreciable General Fund fiscal impact.
SUPPORT : (Verified 6/26/12)
State Superintendent of Public Instruction Tom Torlakson
American Federation of State, County and Municipal
Employees
California Food Policy Advocates
California School Nutrition Association
ARGUMENTS IN SUPPORT : 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.
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ASSEMBLY FLOOR : 49-24, 4/30/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Bonilla, Bradford, Buchanan, Butler, Charles Calderon,
Campos, Carter, Chesbro, Dickinson, Eng, Feuer, Fletcher,
Fong, Fuentes, Galgiani, Gatto, Gordon, Hall, Hayashi,
Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries,
Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Pan, Perea, V. Manuel Pérez, Portantino, Skinner,
Solorio, Swanson, Torres, Wieckowski, Williams, Yamada,
John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman,
Harkey, Jones, Knight, Mansoor, Miller, Morrell,
Nestande, Nielsen, Norby, Olsen, Silva, Valadao, Wagner
NO VOTE RECORDED: Blumenfield, Brownley, Cedillo, Davis,
Furutani, Logue, Smyth
PQ:m 6/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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