California Legislature—2015–16 Regular Session

Assembly Bill No. 1240

Introduced by Assembly Members Bonta and Thurmond

February 27, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 1240, as introduced, Bonta. Pupil nutrition: free or reduced-price meals: breakfast.

(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 findings and declarations relating to the federal School Breakfast Program.

The bill, from July 1, 2016, to June 30, 2017, inclusive, would require each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, to make a nutritionally adequate breakfast available for all of the pupils in a school, when at least 40% of the pupils enrolled at the school are needy children, as defined. On and after July 1, 2017, these requirements would apply only to schools where at least 40%, but less than 60%, of the pupils enrolled in that school are needy children.

The bill, from July 1, 2017, to June 30, 2018, inclusive, with respect to schools where at least 60% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils both before and after instruction has begun for the schoolday for the majority of pupils. On and after July 1, 2018, these requirements would apply only to schools where at least 60%, but less than 80%, of the pupils enrolled in that school are needy children.

The bill, on and after July 1, 2018, with respect to schools where at least 80% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils, at no cost to the pupil, both before and after instruction has begun for the schoolday for the majority of pupils.

To the extent that this bill would create new duties for school districts and county offices of education, it would constitute a state-mandated local program.

(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.  

The Legislature finds and declares all of the
following:

(a) Research shows that children who eat breakfast have
improved cognitive function, demonstrate higher academic
achievement, exhibit better behavior, and have healthier diets, as
compared to children who do not eat breakfast.

(b) Research also shows that breakfasts served at school are
generally more nutritious than breakfasts served at home.

(c) Each school day, 2.2 million of the state’s low-income pupils
miss out on the health and academic benefits of school breakfasts
and, in total, 4.3 million of California’s public school pupils miss
out on school breakfast each schoolday.

(d) Serving breakfast after the start of the schoolday has been
shown to significantly improve school breakfast participation,
yield fiscal benefits, and improve the learning environment for all
pupils by decreasing absenteeism, tardiness, reports of
hunger-related illness, and disciplinary issues.

(e) The federal School Breakfast Program enables school
districts to draw on federal funds designated to serve low-income
pupils; if the federal School Breakfast Program reached as many
low-income pupils as the federal National School Lunch Program,
California’s public schools would receive an additional $344
million in federal meal reimbursements, providing essential
resources to the state’s most vulnerable children.

(f) Fiscal research shows that increasing participation in the
federal School Breakfast Program immediately and positively
impacts the California economy by distributing federal funds to
school districts, increasing local employment, and increasing
purchases of food and equipment.

(g) Given the academic, health, and fiscal benefits of school
breakfasts, high-need schools serving low-income pupils should
make breakfast readily available and accessible during the
schoolday.

SEC. 2.  

Section 49550 of the Education Code is amended to
read:

49550.  

begin delete (a) end delete begin delete   end delete Notwithstanding any other begin delete provision of law, each end delete
begin insert law: end insert

begin insert (a) end insert begin insert   end insert begin insert A end insert school district or county begin delete superintendent of schools end delete begin insert office
of education end insert maintaining any kindergarten or any of grades 1 to
12, inclusive, shall provide for each begin delete needy end delete pupil begin insert who is a needy
child as defined in Section 49552 end insert 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.

(b) In order to comply with subdivision (a), a school district or
county office of education may use funds begin delete made end delete begin insert that are end insert available
through any federal or state program the purpose of which includes
the provision of meals to a pupil, including begin insert , but not necessarily
limited to, end insert 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.

begin insert

(c) Each school district or county office of education
maintaining any kindergarten or any of grades 1 to 12, inclusive,
shall provide breakfast for its pupils in accordance with the
following:

end insert begin insert

(1) From July 1, 2016, to June 30, 2017, inclusive, if at least
40 percent of the pupils enrolled in a school are needy children
as defined in Section 49552, a nutritionally adequate breakfast
shall be made available to pupils each schoolday. This breakfast
may be offered either for sale or at no cost to the pupils. No pupil
shall be required to consume a meal. Commencing on July 1, 2017,
the requirements of this paragraph shall apply only to schools
where at least 40 percent, but less than 60 percent, of the pupils
enrolled in that school are needy children as defined in Section
49552.

end insert begin insert

(2) (A) From July 1, 2017, to June 30, 2018, inclusive, if at
least 60 percent of the pupils enrolled in a school are needy
children as defined in Section 49552, the school shall comply with
both of the following requirements:

end insert begin insert

(i) A nutritionally adequate breakfast shall be made available
to each pupil each schoolday. The school may make this breakfast
available either for sale or at no cost to the pupils. No pupil shall
be required to consume a meal.

end insert begin insert

(ii) The breakfast provided pursuant to clause (i) shall be
available to pupils both before and after instruction has begun for
the schoolday for the majority of pupils enrolled at the school.

end insert begin insert

(B) On and after July 1, 2018, the requirements of subparagraph
(A) shall apply only to schools where at least 60 percent, but less
than 80 percent, of the pupils enrolled in that school are needy
children as defined in Section 49552.

end insert begin insert

(3) On and after July 1, 2018, if at least 80 percent of the pupils
enrolled in a school are needy children as defined in Section 49552,
the school shall comply with both of the following requirements:

end insert begin insert

(A) A nutritionally adequate breakfast shall be made available
to pupils each schoolday. This breakfast shall be offered at no cost
to the pupils. No pupil shall be required to consume a meal.

end insert begin insert

(B) The breakfast provided pursuant to subparagraph (A) shall
be available to pupils both before and after instruction has begun
for the schoolday for the majority of pupils enrolled at the school.

end insert

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.