BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 626
AUTHOR: Skinner
AMENDED: May 15, 2013
FISCAL COMM: Yes HEARING DATE: June 19, 2013
URGENCY: No CONSULTANT:Lynn Lorber
NOTE : This bill has been referred to the Committees on
Education and Health. A "do pass" motion should include
referral to the Committee on Health.
SUBJECT : School nutrition.
SUMMARY
This bill makes numerous changes to school nutrition
standards to conform with the federal Healthy and Hunger
Free Kids Act, implements recommendations of a Senate
report relative to use of cafeteria funds, and deletes
obsolete provisions.
BACKGROUND
After school programs
Current law establishes the After School Education and
Safety (ASES) program, consisting of before and after
school academic enrichment for pupils in kindergarten
through grade 9. ASES programs consist of two elements:
1) An educational and literacy element in which tutoring
or homework assistance is provided.
2) An educational enrichment element that may include
fine arts, career technical education, recreation,
physical fitness, and prevention activities.
ASES programs must agree (through the application approved
by the California Department of Education) that snacks made
available through the program conform to the nutrition
standards for K-12 schools. Before school programs are
required to offer a breakfast meal that meets federal child
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nutrition program regulations. (Education Code � 8482.3
and � 49531)
http://www.cde.ca.gov/ls/nu/as/afterschoolnutstan.asp
Food during the schoolday
Current law requires each school district to provide each
needy pupil one nutritionally adequate, free or
reduced-price meal during each schoolday, and defines a
"nutritionally adequate meal" as one that qualifies for
reimbursement under the federal child nutrition program
regulations. (EC � 49550 and � 49553)
Sale of food in elementary schools
Current law:
1) Limits, beginning July 1, 2007, the sale of food
during the schoolday to full meals and individually
sold portions of nuts, nut butters, seeds, eggs,
cheese, fruit, vegetables that have not been deep
fried, and legumes.
2) Authorizes an individually sold dairy or whole grain
food item to be sold (outside of the meal program) if
it meets all of the following standards:
a) Up to 35% of its total calories are to be
from fat.
b) Up to 10% of its total calories are to be
from saturated fat.
c) Up to 35% of its total weight is to be
composed of sugar, including naturally occurring
and added sugar.
d) Up to 175 calories per individual food item.
3) Authorizes schools to permit the sale of food that
does not comply, as part of a school fundraising
event, in any of the following circumstances:
a) The items are sold by pupils and the sale
takes place off of and away from school premises.
b) The items are sold by pupils and the sale
takes place at least one-half hour after the end
of the schoolday. (EC � 49431)
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Sale of food in middle and high schools
Current law:
1) Requires, beginning July 1, 2007, snack sold (outside
of the meal program) to meet all of the following
standards:
a) Up to 35% of its total calories are to be
from fat (doesn't apply to nuts, nut butters,
seeds, eggs, cheese, fruits, vegetables that have
not been deep fried, or legumes).
b) Up to 10% of its total calories are to be
from saturated fat (doesn't apply to eggs or
cheese).
c) Up to 35% of its total weight is to be
composed of sugar, including naturally occurring
and added sugars (doesn't apply to fruits or
vegetables that have not been deep fried).
d) Up to 250 calories per individual food item.
2) Prohibits, beginning July 1, 2007, entr�e items sold
(outside of the meal program) from containing more
than 400 calories per entr�e, and more than 4 grams of
fat per 100 calories in each entr�e. These entr�e
items are to be categorized as entr�e items in the
School Breakfast Program or National School Lunch
Program.
3) Authorizes schools to permit the sale of food items
that do not comply in any of the following
circumstances:
a) The sale takes place off of and away from
school premises.
b) The sale takes place on school premises at
least one-half hour after the end of the
schoolday.
c) The sale occurs during a school-sponsored
pupil activity after the end of the schoolday.
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(EC � 49431.2)
Sale of beverages in elementary schools
Current law:
1) Prohibits, regardless of the time of day, beverages to
be sold other than:
a) Fruit-based drinks that are composed of at
least 50% fruit juice and have no added
sweetener.
b) Vegetable-based drinks that are composed of
at least 50% vegetable juice and have no added
sweetener.
c) Drinking water with no added sweetener.
d) Two-percent fat milk, one-percent fat milk,
nonfat milk, soy milk, rice milk, and other
similar non-dairy milk.
2) Authorizes schools to permit the sale of beverages
that do not comply, as part of a school fundraising
event, in any of the following circumstances:
a) The items are sold by pupils and the sale
takes place off of and away from school premises.
b) The items are sold by pupils and the sale
takes place at least one-half hour after the end
of the schoolday. (EC � 49431.5)
Sale of beverages in middle schools
Current law:
1) Prohibits, from one-half hour before the start of the
schoolday to one-half hour after the end of the
schoolday, beverages to be sold other than:
a) Fruit-based drinks that are composed of at
least 50% fruit juice and have no added
sweetener.
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b) Vegetable-based drinks that are composed of
at least 50% vegetable juice and have no added
sweetener.
c) Drinking water with no added sweetener.
d) Two-percent fat milk, one-percent fat milk,
nonfat milk, soy milk, rice milk, and other
similar non-dairy milk.
e) An electrolyte replacement beverage that
contains up to 42 grams of added sweetener per
20-ounce serving.
2) Authorizes schools to permit the sale of beverages
that do not comply, as part of a school event, if the
sale meets all of the following criteria:
a) The sale occurs during a school-sponsored
event and takes place at the location of that
event at least one-half hour after the end of the
schoolday.
b) Vending machines, pupil stores, and
cafeterias are used later than one-half hour
after the end of the schoolday. (EC � 49431.5)
Sale of beverages in all schools
Current law prohibits, beginning July 1, 2009, the sale of
all beverages from one-half hour before the start of the
schoolday until one-half hour after the end of the
schoolday, other than:
1) Fruit-based drinks that are composed of at least 50%
fruit juice and have no added sweetener.
2) Vegetable-based drinks that are composed of at least
50% vegetable juice and have no added sweetener.
3) Drinking water with no added sweetener.
4) Two-percent fat milk, one-percent fat milk, nonfat
milk, soy milk, rice milk, and other similar non-dairy
milk.
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5) An electrolyte replacement beverage that contains up
to 42 grams of added sweetener per 20-ounce serving.
(EC � 49431.5)
Trans fat
Current law:
1) Beginning July 1, 2009, prohibits a school or school
district to make available through a vending machine
or school food service establishment during school
hours and one-half hour before and one-half hour after
school, food containing artificial trans fat. Schools
and school districts are also prohibited from using
food containing artificial trans fat in the
preparation of food served to pupils.
2) Defines food containing artificial trans fat as food
that contains vegetable shortening, margarine, or any
kind of partially hydrogenated vegetable oil (unless
the manufacturer's label lists the trans fat content
as less than 0.5 grams of trans fat per serving). (EC
� 49431.7)
Contracts for the sale of non-nutritious food and beverages
Current law prohibits school districts from entering into a
contract that grants advertising rights, or the right to
sell carbonated beverages or non-nutritious beverages or
food, unless the district governing board does both of the
following:
1) Adopts a policy after a public hearing of the board to
ensure the district has internal controls in place, as
specified.
2) Provide for public comment on the contract through a
public hearing during a regularly scheduled board
meeting.
School boards may meet the public hearing requirement by an
annual public hearing or through a review of the contract
at a public hearing by a Child Nutrition and Physical
Activity Advisory Committee. (EC � 35182.5)
Use of cafeteria fund
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Current law:
1) Provides that cafeteria funds are to be used only for
expenditures authorized by the school district
governing board as necessary for the operation of
school cafeterias, including for the lease or purchase
of additional cafeteria equipment for the central food
processing plant, vending machines and their
installation and housing, and computer equipment and
related software.
2) Authorized the governing board to authorize the
establishment of one or more cafeteria revolving
accounts. Transfers, replenishments, and deposits
between the cafeteria fund and a cafeteria revolving
account are allowed. A cafeteria revolving account
may receive and spend funds in the same manner and for
the same purposes as authorized for a cafeteria
account.
3) Authorizes the governing board of any school district,
or of two or more districts governed by the boards of
identical personnel, to make expenditures from the
cafeteria fund for the construction, alteration, or
improvement of a central food processing plant, for
the installation of additional cafeteria equipment for
the central food processing plant, and for the lease
or purchase of vehicles used primarily in connection
with the central food processing plant.
4) Authorizes the governing board of any school district
with an average daily attendance of over 100,000 may
allow as an expenditure from the cafeteria fund or
account a share of money agreed upon pursuant to a
contract, which is generated from the joint sale of
items between the cafeteria and an associated student
body student store. The expenditure must result from
an agreement entered into by the cafeteria and the
associated student body in which pupils will
participate in the operation of the store. (EC �
38091and � 38092)
Charge against district funds or charge against cafeteria
funds
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Current law:
1) Provides that the cost of housing and equipping
cafeterias is a charge against the funds of the school
district. However, when the governing board of a
school district deems it necessary, the board may make
the cost of the lease or purchase of additional
cafeteria equipment for a central food processing
plant, and of vending machines and their installation
and housing, a charge against cafeteria funds.
Governing boards may at any time within five years
after the expenditure reimburse school district funds
from cafeteria funds.
2) Authorizes a school district governing board to, by
resolution, make the cost of maintenance of the
physical plant used in connection with cafeterias, the
cost of replacement of equipment and the cost of
telephone charges, water, electricity, gas, coal,
wood, fuel oil, and garbage disposal a charge against
the funds of the school district.
3) Authorizes a school district governing board, or of
two or more districts governed by boards of identical
personnel, to also make the cost of the construction,
alteration, or improvement of a central food
processing plant and the installation of additional
cafeteria equipment a charge against cafeteria funds.
Governing boards may at any time within five years
after the expenditure reimburse district funds from
cafeteria funds.
(EC � 38100)
Cafeteria funds reserve
Current law authorizes a school district governing board to
establish and maintain a cafeteria funds reserve for the
purchase, lease, maintenance or replacement of cafeteria
equipment, to be known as the cafeteria equipment reserve.
These funds are to be derived from the sales of food in the
school cafeterias in an amount to be determined by the
governing board and may be accumulated from year to year
until expended for this purpose. These funds may only be
used for the purchase, lease, maintenance, or replacement
of cafeteria equipment. (EC � 38102)
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Pilot program
Current law requires the California Department of Education
to establish a three-year pilot program (beginning in the
2002-03 school year) of at least 10 high school or middle
schools, for the purpose of implementing high nutrition
standards and receiving a higher meal reimbursement rate.
Schools participating in the pilot are authorized to
convene a Child Nutrition and Physical Activity Advisory
Committee to develop and recommend to the governing board
of the district policies on nutrition and physical
activity. (EC � 49433-49433.9)
Compliance monitoring and reporting
Current law requires:
1) School districts to report to the Superintendent of
Public Instruction regarding the extent to which it
has complied with nutrition standards.
2) The California Department of Education to monitor the
implementation of nutrition standards in schools and
the pilot program and report to the Legislature by May
1, 2005, its evaluation of the effect of the policies
and recommendations for improvements. (EC � 49434 and
� 49436)
Federal Healthy, Hunger-Free Kids Act
The federal Healthy, Hunger-Free Kids Act and related
regulations establish new nutritional requirements for the
school breakfast program (beginning July 1, 2013) and the
national school lunch program (beginning July 1, 2012).
The new requirements include a greater emphasis on whole
grain, fruits and vegetable offerings and limits on caloric
intake for specific age groups. For example, schools must
meet a weekly requirement of vegetable subgroup offerings
(i.e., dark green, orange, legumes) for these meal
programs. Schools are also required to provide a serving
of fruit or vegetable daily for the breakfast or lunch meal
to count as a reimbursable meal. This bill updates state
statute to reflect the vegetable subgroup offerings, and a
greater emphasis whole grain. California's school
nutrition standards already meet many of the requirements
contained in the federal Healthy, Hunger-Free Kids Act.
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ANALYSIS
This bill makes numerous changes to school nutrition
standards to conform with the federal Healthy and Hunger
Free Kids Act, implements recommendations of a Senate
report relative to use of cafeteria funds, and deletes
obsolete provisions. Specifically, this bill:
After School Education and Safety programs
Requires meals made available under the After School
Education and Safety (ASES) program to conform to the
United States Department of Agriculture's nutrition
standards for at-risk after school meal component or the
National School Lunch program. This does not require ASES
programs to offer meals; it requires ASES programs that
choose to offer meals to ensure those meals meet specific
nutrition standards.
Sale of food in elementary schools
1) Clarifies that the requirements for the only food
allowed to be sold during the schoolday (full meals
and individually sold portions of nuts, nut butters,
seeds, eggs, cheese, fruit, vegetables that have not
been deep fried, and legumes) apply from one-half hour
before the start of the schoolday to one-half hour
after the schoolday. (Essentially restricts the sale
of food, other than full meals and the list of
individual items above, from one-half hour before
school to one-half hour after school, rather than just
"during the schoolday.")
2) Adds individually sold dairy or whole grain foods to
the list of food that may be sold from one-half hour
before the start of the schoolday to one-half hour
after the schoolday.
3) Adds restrictions on the sale of individually sold
portions (not part of a full meal) of nuts, nut
butters, seeds, eggs, cheese, fruit, vegetables that
have not been deep fried, and legumes that currently
exist for individually sold dairy or whole grain food,
as follows:
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a) Individually sold portions of nuts, nut
butters, seeds, fruit, vegetables that have not
been deep fried, and legumes may have up to 35%
of its total calories be from fat (exempts eggs
and cheese).
b) Individually sold portions of nuts, nut
butters, seeds, eggs, cheese, and legumes may
have up to 35% of its total weight composed of
sugar (exempts fruit and vegetables that have not
been deep fried). {(a) and (b) mirror current
law for middle and high schools}
c) Individually sold portions of nuts, nut
butters, seeds, eggs, cheese, fruit, vegetables
that have not been deep fried, and legumes may
have up to 175 calories per individual food item.
4) Allows people other than pupils to sell food items
that do not comply with the standards described above
if the sale takes place off of and away from school
grounds or at least one-half hour after the end of the
schoolday.
Snacks and entrees sold in middle or high school
1) Clarifies that standards for fat, sugar and calories
for the sale of snacks and entrees (outside of the
meal program) apply from one-half hour before the
start of the schoolday to one-half hour after the
schoolday.
2) Eliminates the condition that the sale of food items
not in compliance occur during a school-sponsored
pupil activity after the end of the schoolday.
Beverages sold in elementary schools
Eliminates the condition that the sale of beverages not in
compliance be sold by pupils of the school. (Those sales
would still need to be part of a school fundraising event,
be sold off and away from school grounds, and at least
one-half hour after the end of the schoolday.)
Beverages sold in middle or high schools
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1) Modifies the conditions that the sale of beverages not
in compliance be sold, as follows:
a) The sale takes place off and away from the
premises of the school. (Currently, sales must
be during a school-sponsored event that takes
place at the location of that event at least
one-half hour after the end of the schoolday.)
b) The sale takes place on school premises at
least one-half hour after the end of the
schoolday. (Currently, sales in vending
machines, pupil stores, and cafeterias must be
later than one-half hour after the end of the
schoolday.)
2) Deletes an obsolete provision that requires, beginning
July 1, 2007, at least 50% of all beverages sold from
one-half hour before the start of the schooday until
one-half hour after the end of the schoolday to meet
beverage standards described in the Background section
of this analysis.
3) Deletes the requirement that, beginning July 1, 2009,
all beverages sold (in all schools) from one-half hour
before the start of the schoolday until one-half hour
after the end of the schoolday to meet beverage
standards described in the Background section of this
analysis. This provision is now obsolete because
beverage standards for high schools are identical to
those for middle schools, and elementary schools have
separate standards that do not allow for the sale of
electrolyte replacement beverages.
Trans fat
1) Expands the existing restrictions on the sale of food
containing artificial trans fat to clarify that the
standards apply to all food sold, not only food sold
through a vending machine.
2) Deletes the prohibition on using food containing
artificial trans fat in the preparation of a food item
served to pupils. Striking this provision is
appropriate because expanding the prohibition on the
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sale of food with trans fat means that all food sold,
including food that is prepared by the school, cannot
contain artificial trans fat at or above 0.5 grams per
serving.
Contract for the sale of carbonated beverages or
non-nutritious beverages or non-nutritious food
Removes one of the current options for school districts to
satisfy the public hearing requirement prior to entering
into a contract. The option to review the contract at a
public hearing by a Child Nutrition and Physical activity
Advisory Committee is obsolete, as that committee is
authorized pursuant to an obsolete pilot program (which is
repealed by this bill).
Pilot program
Repeals the obsolete three-year pilot program (beginning in
the 2002-03 school year) that was designed for the purpose
of implementing high nutrition standards and receiving a
higher meal reimbursement rate.
Monitoring
1) Repeals the authority for the Superintendent of Public
Instruction to monitor school districts for compliance
with nutrition standards and instead, requires the
California Department of Education (CDE) to monitor
compliance in conformity with USDA's administrative
review process, as published in the Federal Register
on January 26, 2012.
2) Repeals the obsolete requirement that the CDE monitor
the implementation of nutrition standards and report
to the Legislature by May 1, 2005 an evaluation of
various aspects of the requirements for nutrition
standards.
Cafeteria funds
1) Repeals a school district's authority to do the
following related to its cafeteria fund:
a) Establish one or more revolving accounts
within its cafeteria fund.
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b) Transfer, replenish and deposit funds
between the cafeteria fund and a cafeteria
revolving account.
c) Make expenditures from the cafeteria fund
for the construction, alteration, or improvement
of a central food processing plant.
2) Modifies authority for a school district or two or
more school districts governed by boards of identical
personnel to make expenditures from the cafeteria fund
to allow for the purchase and installation of
additional preparation, cooking, or service equipment
for a kitchen or central food processing plant,
including necessary alternations incidental to the
installation of the equipment (currently funds may be
used for the construction, alteration, or improvement
of a central food processing plant, and for the
installation of additional cafeteria equipment for the
central food processing plant). Authority is also
granted for the lease or purchase of vehicles used
solely in connection with a kitchen or central food
processing plant (currently for vehicles used
primarily in connection with the central food
processing plant).
3) Repeals authority for a school district with an
average daily attendance of over 100,000 to spend
money from its cafeteria fund or cafeteria account a
share of money agreed upon by contract generated from
the joint sale of items between the cafeteria and an
associated student body run store. AB 86 (Committee
on Budget), the education trailer bill, also deletes
this provision.
4) Repeals authority for a school district governing
board to establish and maintain a cafeteria fund
reserve (accumulated from year to year) for the
purchase, lease, maintenance, or replacement of
cafeteria equipment.
AB 86 (Committee on Budget), the education trailer
bill, also deletes this provision.
District funds vs cafeteria funds
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1) Removes the cost of cafeteria equipment from a charge
against district funds and instead requires the cost
of the lease or purchase of cafeteria equipment and of
vending machines and their installation and housing to
be charged against cafeteria funds. (Current law
provides that the cost of housing and equipping
cafeterias is a charge against the funds of the school
district. However, districts may charge against
cafeteria funds for the lease or purchase of
additional cafeteria equipment for a central food
processing plant, and of vending machines and their
installation and housing.)
2) Changes from cafeteria funds to district funds, the
source that may be used for the lease or purchase of
cafeteria equipment for a kitchen or central food
processing plant, and vending machines and their
installation and housing.
3) Reduces from within five years, to the same fiscal
year, the amount of time in which a school district
governing board may reimburse school district funds
from cafeteria funds.
4) Limits the authority of school districts to approve
reimbursement for vending machines to situations where
one or both of the following apply:
a) The vending machines are owned and operated
by the school food services department, sell
meals that qualify for federal meal program
reimbursement, and are equipped with appropriate
point of service meal counting software.
b) The vending machines sell only food, or only
beverages, or both, that comply with state and
federal competitive food laws and regulations.
5) Changes from district funds to cafeteria funds, the
source that may be used for maintenance of the kitchen
facilities, equipment, telephone charges, water,
drinking water, electricity, gas, coal, wood, fuel,
oil, and garbage disposal related to food service and
delivery. Adds the condition that the school district
complies with all applicable state and federal laws
and regulations.
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6) Repeals the authority of a school district governing
board to make the cost of the construction,
alteration, or improvement of a central food
processing plant and the installation of additional
cafeteria equipment a charge against cafeteria funds.
STAFF COMMENTS
1) Need for the bill . According to the author, "The
California Department of Education is required to
ensure that local educational agencies participating
in federal School Nutrition Programs comply with all
applicable state and federal laws and regulations.
The federal Healthy and Hunger Free Kids Act (HHFKA)
has a new set of nutritional standards for elementary,
middle and high schools. In addition to healthier
nutritional standards, the HHFKA also aims at
increasing access for students and improving oversight
of nutritional programs. This bill makes changes to
current state laws in order to comply with the new
federal laws and regulations set forth by the HHFKA."
2) Conforming to federal law . This bill makes several
changes to bring California's school cafeteria and
nutrition laws into compliance with the recent changes
in Federal nutrition regulations. The more
significant changes relate to the use of cafeteria
funds, as described in Comment #3. Many changes are
less significant, such as expansion of the restriction
on sugar content that currently applies to whole grain
and dairy food items (no more than 35% of total weight
from naturally occurring sugar or added sugar) to also
include individually sold portions of nuts, nut
butters, seeds, eggs, and cheese packaged for
individual sale. As these items are not likely to
have such a high sugar content, this change will have
little effect in practice.
3) Senate Office of Oversight and Outcomes report on
cafeteria funds . In February 2013, the Senate Office
of Oversight and Outcomes released a report entitled:
Food Fight: Small Team of State Examiners No Match for
Schools that Divert School Meal Funds. The report
found that school districts are "illegally dipping
into student meal funds, misappropriating millions of
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dollars intended to feed California's poorest
children." Specifically, the report states: the
California Department of Education "has ordered eight
districts to repay nearly $170 million to student meal
programs. Perhaps more troubling, department
officials candidly acknowledge they have no idea how
big the problem may be and fear they may have
uncovered only a hint of the ongoing abuse?" The
report states California must repay the federal
government if funding cannot be repaid by the school
districts. The report states, "if the state fails to
force repayment of misappropriations or refunds due
from food service accounts, the federal government
collects the unpaid amount from department. Over the
past two decades, the department has had to pay the
United States Department of Agriculture more than $3
million that it could not recoup from food service
accounts. Those bad debts often involved agencies,
such as child or adult care centers, which had gone
out of business."
The report identified the following state statutes
that were in conflict with federal law but have
remained in statute:
a) Current law permits cafeteria fund revenue
sharing with associated student bodies. Federal
regulations no longer permit such revenue sharing
with pupil groups. This bill repeals this
statute in accordance with federal law.
b) Current law authorizes districts to
establish cafeteria funds for equipment with
reserves from school meal programs. The United
States Department of Agriculture does not
recognize such accounts and strictly limits
cafeteria fund surpluses to three months average
expenditures of the program. This bill repeals
state law to conform to federal law.
http://sooo.senate.ca.gov/sites/sooo.senate.ca.gov
/files/Food%20Fight%202%206%2013.pdf
1) Pilot program . This bill deletes provisions relative
to the now-obsolete three-year pilot program (began in
the 2002-03 school year) that was designed for the
purpose of implementing high nutrition standards and
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receiving a higher meal reimbursement rate.
2) Trailer bill language . AB 86 (Committee on Budget),
an education trailer bill, includes two provisions
that are contained in this bill (Education Code
sections 38092 and 38102).
3) Fiscal impact . According to the Assembly
Appropriations Committee analysis, this bill imposes
General Fund (Prop 98) cost pressure, likely in the
hundreds of thousands to low millions, to backfill
school districts for costs associated with the lease,
purchase, or maintenance of cafeteria equipment. To
the extent districts were using Cafeteria Fund
reserves for this purpose and this bill now prohibits
this use, district may seek additional funds from the
state.
4) Related legislation . SB 464 (Jackson) requires early
childhood education, infant care, and after school
programs to meet certain nutritional and physical
activity standards, and limits "screen time." SB 464
is pending in this Committee.
SB 302 (Cannella) implements various recommendations
contained in a recent report by the Senate Office of
Oversight and Outcomes regarding school cafeteria
funds, including the requirements that cafeteria funds
be audited and that the Education Audit Appeals Panel
revise the audit guide to include guidance on what
school districts may or may not do with a cafeteria
fund. SB 302 is pending in the Assembly
Appropriations Committee.
SUPPORT
California Black Health Network
California Optometric Association
Los Angeles County Office of Education
San Bernardino County District Advocates for Better Schools
San Francisco Unified School District
Superintendent of Public Instruction
OPPOSITION
None on file.
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