BILL NUMBER: AB 292	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Santiago

                        FEBRUARY 11, 2015

   An act to amend Section 49550 of the Education Code, relating to
pupil nutrition.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 292, as introduced, Santiago. Pupil nutrition: free or
reduced-price meals: adequate time to eat.
   (1) Existing law requires each school district or county
superintendent of schools maintaining kindergarten or any of grades 1
to 12, inclusive, to provide one nutritionally adequate free or
reduced-price meal for each needy pupil during each schoolday, except
as specified. Existing law authorizes a school district or county
office of education to use funds made available through any
applicable federal or state program or to use its own funds to
provide the required meals.
   This bill would express legislative intent that schools provide
pupils with adequate time to eat lunch during the schoolday. The bill
would require school districts and county offices of education, in
addition to providing a nutritionally adequate free or reduced-price
meal for each needy pupil each schoolday, to ensure that each of the
schools in their respective jurisdictions provides their pupils
adequate time to eat after being served. The bill would declare that
the State Department of Education specifies that an adequate time to
eat is 20 minutes after being served. The bill would require a school
that determines it is currently not providing pupils with adequate
time to eat to take specified actions. To the extent this requirement
would create new duties for school districts and county offices of
education, it would constitute a state-mandated local program.
   The bill would specify that, in order to comply with its
requirements requiring adequate time for pupils to eat after being
served, a school district or county office of education may, to the
extent that funds are available, use federally or state-regulated
nonprofit school food service cafeteria accounts to defray any
allowable costs from that funding source before considering other
funding streams.
   The bill would also make nonsubstantive changes to these
provisions.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) Healthy eating is vital to learning and cognitive development.
When children miss out on nutritious meals during the schoolday,
they cannot learn, grow, or achieve at their full potential.
   (2) School meal programs help ensure that children have access to
adequate nutrients and develop healthy eating behaviors.
   (3) Lunchtime is an essential part of the schoolday, supporting
children's academic success along with their physical, social, and
emotional well-being.
   (4) The federal Healthy, Hunger-Free Kids Act of 2010
substantially improved the nutritional standards of the federal
National School Lunch Program. California has invested significant
resources to effectively implement these standards. These investments
are wasted if pupils do not eat lunch during the schoolday.
   (5) There are pupils across California--in elementary, middle, and
high schools--who do not have the recommended minimum time to eat
lunch during the schoolday. When pressed for time, pupils often throw
away portions of their lunches, buy less nutritious snacks instead
of lunch, or skip lunch entirely, even when they are hungry.
   (6) Pupils who face long lines or short lunch periods are less
likely to participate in the school lunch program at all.
   (b) Since California requires that a nutritious free or
reduced-price meal be made available to all low-income pupils
enrolled in traditional K-12 public schools, and since pupils need
enough time to eat lunch in order to reap the health and academic
benefits of school meals, it is therefore the intent of the
Legislature that schools provide pupils with adequate time to eat
lunch during the schoolday.
  SEC. 2.  Section 49550 of the Education Code is amended to read:
   49550.  (a) Notwithstanding any other  provision of
 law,  each   a  school district
or county  superintendent   office  of
 schools   education  maintaining
kindergarten or any of grades 1 to 12, inclusive, shall provide for
each needy pupil one nutritionally adequate free or reduced-price
meal during each schoolday, except for family day care homes that
shall be reimbursed for 75 percent of the meals served.  School
districts and county offices of education shall ensure that each of
the schools in their respective jurisdictions provides their pupils
adequate time to eat after being served. The department specifies
adequate time to eat as 20 minutes after being served   . If
a school determines that it is currently not providing pupils with
adequate time to eat, the school shall begin to increase pupils 
 ' time to eat commencing with the 2016-17 school year. 
   (b) In order to comply with subdivision (a), a school district or
county office of education may use funds  made  
that are  available through any federal or state program the
purpose of which includes the provision of meals to a pupil,
including  , but not necessarily limited to,  the federal
School Breakfast Program, the federal National School Lunch Program,
the federal Summer Food Service Program, the federal Seamless Summer
Option, or the state meal program, or may do so at the expense of the
school district or county office of education. 
   (c) In order to comply with the provision of subdivision (a)
requiring adequate time for pupils to eat after being served, a
school district or county office of education may, to the extent that
funds are available, use federally or state-regulated nonprofit
school food service cafeteria accounts to defray any allowable costs
from that funding source before considering other funding streams.

  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.