BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1240


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          Date of Hearing:   April 22, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 1240  
          Bonta - As Amended April 9, 2015


          SUBJECT:  Pupil nutrition:  free or reduced-price meals:   
          breakfast


          SUMMARY:  Requires each school district or county office of  
          education maintaining any kindergarten through grade 12 to offer  
          breakfast at schools where at least 40% of the pupils enrolled  
          at the school are considered "needy."  Specifically, this bill:   



          1)Requires, from July 1, 2016 to June 30, 2017, a nutritionally  
            adequate breakfast to be made available each schoolday for  
            sale or at no cost to pupils at a school where at least 40% of  
            the pupils are considered needy.  Specifies that beginning  
            July 1, 2017, this requirement applies only at schools where  
            at least 40%, but less than 60%, of the pupils enrolled are  
            needy children.


          2)Requires, from July 1, 2017 to June 30, 2018, a nutritionally  
            adequate breakfast to be made available each schoolday for  
            sale or at no cost at a school where at least 60% of pupils  
            are considered needy.   Requires breakfast to be available  
            after instruction has begun for the schoolday.  Specifies that  
            beginning July 1, 2018, this requirement applies only at  








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            schools where at least 60%, but less than 80%, of all pupils  
            enrolled are needy children. 


          3)Requires, on and after July 1, 2018, a nutritionally adequate  
            breakfast to be made available each schoolday at no cost at a  
            school where at least 80% of the pupils are considered needy.  
            Requires breakfast to be available after instruction has begun  
            for the schoolday.  


          4)Specifies that no pupil shall be required to consume a meal.


          5)Defines "after instruction has begun for the schoolday" as  
            after the time the schoolday has begun for a majority for the  
            pupils enrolled at that school.  


          6)Finds and declares that research shows that children who eat  
            breakfast have improved cognitive function, demonstrate higher  
            academic achievement, exhibit better behavior, and have  
            healthier diets.  Further finds that public schools would  
            receive $344 million in federal funds through the federal  
            School Breakfast Program (SBP) if the federal SBP reached as  
            many low-income pupils as the National School Lunch Program  
            (SLP).


          EXISTING LAW:  


          1)Expresses the intent of the Legislature that, as a state  
            nutrition and health policy, that the School Breakfast Program  
            be made available in all schools where it is needed to provide  
            adequate nutrition for children in attendance, because a  
            hungry child cannot learn.  (Education Code (EC) Section  
            49550.3)









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          2)Requires each school district or county superintendent of  
            schools maintaining any kindergarten through grade 12 to  
            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% of the meals  
            served. (EC Section 49550)


          3)Requires the California Department of Education (CDE) to  
            conduct a study on or before March 31, 2007, identifying the  
            number of schools that meet the qualifications for federal  
            severe need reimbursement, that do not offer breakfast, the  
            costs and feasibility associated with requiring schools to  
            offer breakfast, and the changes that need to be made to  
            existing law to implement a program to require schools to  
            offer breakfast.  (EC Section 49550.2)


          4)Defines "needy children" as those children who meet federal  
            eligibility criteria for free and reduced-price meals, except  
            for family day care homes which shall be reimbursed for 75% of  
            the meals.  (EC Section 49552)


          FISCAL EFFECT:  The Legislative Counsel has keyed this bill as a  
          state-mandated local program.


          COMMENTS:  Is breakfast important?  Research has shown that  
          breakfast, particularly school breakfast, improves student  
          participation in school, gives students energy so that they can  
          pay better attention, and may even improve behavior.  In a 2014  
          study by the Journal of Public Economics, David Frisvold from  
          the University of Iowa found gains in student math achievement  
          using National Assessment of Educational Progress (NAEP) data.   
          The study concludes that "Overall, these results suggest that  
          the persistent exposure to the relatively more nutritious  
          breakfast offered through the SBP throughout elementary school  








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          can yield important gains in achievement." 


          Free and reduced-price meal (FRPM) programs.  Existing law  
          requires local educational agencies to provide one nutritiously  
          adequate FRPM to needy children once a day during each  
          schoolday.  A needy child is defined as a child who meets the  
          federal eligibility for FRPM.  For the free meal category,  
          household income must be at or below 130% of the federal poverty  
          guidelines.  For the reduced-price category, household income  
          must be between 130% and 185% of federal poverty guidelines.  As  
          an example, a pupil is eligible for free meals if his/her family  
          income is less than $31,525 for a family of four, and  
          reduced-price meals if his/her family income is less than  
          $44,863.  Current law also establishes a direct certification  
          process, whereby children who are enrolled in certain public  
          benefits programs such as CalWORKs and CalFresh are  
          automatically enrolled in the FRPM program, and a categorically  
          eligible process, whereby migrant, homeless and foster care  
          children are also automatically enrolled.  Schools can also  
          exercise the Community Eligibility Option, which allows school  
          districts to provide breakfast and lunch to all pupils at a  
          school or district where at least 40% of the identified students  
          were deemed eligible through eligibility for CalWORKs or  
          CalFresh in the prior year. Federal regulations limit the charge  
          for reduced-price meal to $.30 for SBP and $.40 for SLP.  


          School meal programs are funded predominantly by the United  
          States Department of Agriculture through its National School  
          Lunch and School Breakfast Program and supplemented by state  
          funds.  These programs are federal entitlement programs, which  
          mean that allocations are not fixed; federal funds will be  
          provided as long as recipients meet income eligibility criteria.  
           The federal government also offers a higher reimbursement rate  
          for schools enrolling higher levels of eligible students, which  
          enables those schools to provide meals to all pupils.  










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          According to the CDE, in 2013-14, the state received $447  
          million in federal funds for SBP and $1.35 billion in federal  
          funds for SLP.  State funds augmented the program by $53 million  
          for SBP and $101 million for SLP.     


          What does this bill do?  This bill requires, beginning July 1,  
          2016, all schools where at least 40% of the pupils enrolled at  
          the school are eligible for FRPM to offer breakfast.  In future  
          years, schools with higher levels of pupils eligible for FRPM  
          are required to offer breakfast after instruction has begun and  
          free of charge.  Specifically, this bill requires breakfast to  
          be provided according to the following:


           ------------------------------------------------------------------ 
          |     Timeline     |  % of pupils   | Breakfast provided  | Free?  |
          |                  |  eligible for  |  after Instruction  |        |
          |                  |      FRPM      |       Begins?       |        |
          |                  |                |                     |        |
          |                  |                |                     |        |
          |------------------+----------------+---------------------+--------|
          |Beginning July 1, |   40%  - 60%   |         No          |   No   |
          |       2016       |                |                     |        |
          |                  |                |                     |        |
          |                  |                |                     |        |
          |------------------+----------------+---------------------+--------|
          |Beginning July 1, |   60% - 80%    |         Yes         |   No   |
          |       2017       |                |                     |        |
          |                  |                |                     |        |
          |                  |                |                     |        |
          |------------------+----------------+---------------------+--------|
          |Beginning July 1, |     80% +      |         Yes         |  Yes   |
          |       2018       |                |                     |        |
          |                  |                |                     |        |
          |                  |                |                     |        |
           ------------------------------------------------------------------ 
            Purpose of this bill.  According to the sponsor, the  
          California Food Policy Advocates (CFPA), the purpose of the bill  








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          is to increase the level of participation in the SBP.  According  
          to the CDE, participation in the SBP is about half of the  
          participation in the SLP.  In 2013-14, 2.5 million of the 3.4  
          million students eligible for SLP participated in the SLP  
          (73.53%), compared with 1.3 million participating in the SBP  
          (38%).  


          According to CDE, there are 151 schools that meet the 40% needy  
          student criterion that offer SLP but do not offer SBP.  There  
          are an additional 658 schools that do not offer FRPM programs.   
          However, it is unclear how many of these schools offer meals on  
          their own without participating in the FRPM program or that have  
          pupils participating in another school's meal program (e.g.,  
          pupil enrolled in a county office of education-run program  
          located at a district schoolsite).  


          Other models of delivery.  Low participation may be due to  
          students not arriving at school early enough for breakfast and  
          students' reluctance to go to the cafeteria for fear of being  
          identified as a student eligible for FRPM.  This bill attempts  
          to provide other strategies for when and how to offer breakfast  
          to increase breakfast participation.  The USDA promotes  
          alternative delivery models such as grab 'n go breakfast (also  
          called breakfast carts), typically served in a bag from carts  
          that students can pick up on their way to their first class;  
          second chance breakfast (also called nutrition break breakfast),  
          which enables students to grab breakfast during morning recess;  
          breakfast on the bus, where students get a bagged breakfast on  
          the bus; and breakfast in the classroom.  


          In the breakfast in the classroom model, hot or cold breakfasts  
          are packed in insulated bags or coolers and brought to the  
          classrooms in carts or wagons.  While the teacher is taking  
          attendance, collecting homework, or making announcements,  
          students are eating their breakfasts.  According to the sponsor,  
          there are a number of school districts that have implemented  








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          breakfast in the classroom, including Adelante Unified, Alum  
          Rock Union Unified, Chula Vista Unified, Clovis Unified, Compton  
          Unified, El Monte Unified, Hawthorne Unified, Lemon Grove  
          Unified, Los Angeles Unified, Oakland Unified, Oceanside  
          Unified, Pajaro Valley Unified, Riverside Unified, San Diego  
          Unified, and Sanger Unified.  


          A national survey of 1,000 K-8 public schools in 2013 found that  
          serving breakfast after the bell (after instruction has begun)  
          increased breakfast participation by 35% in one year.  This bill  
          requires, for schools enrolling at least 60% of students  
          eligible for FRPM, breakfast to be provided after instruction  
          has begun for a majority of the students at the school.  The  
          bill does not dictate when after the bell breakfast must be  
          served or how breakfast will be served.  Therefore, a school can  
          implement a breakfast in the classroom model or a second chance  
          breakfast model during morning recess.  According to the  
          sponsor, this bill will result in access to breakfast after the  
          bell at more than 5,000 schools and of those, breakfast free of  
          charge to all students at more than 3,000 schools.  


          Implementation challenges.  Requiring breakfast to be served  
          after instruction has begun may result in some challenges.  Some  
          teachers do not favor breakfast in the classroom due to the time  
          it takes from instruction, particularly at the higher grade  
          levels.  Staff recommends limiting the requirements of this bill  
          to elementary schools.  The CDE has also pointed out potential  
          conflicts for schools that receive funds from the Fresh Fruit  
          and Vegetable program, which provides healthy snacks during  
          non-meal times.  If schools choose to offer breakfast during  
          morning recess, the fruit and vegetable snacks may have to be  
          provided as an afternoon snack.       


          School breakfast report.  AB 569 (Garcia), Chapter 72, Statutes  
          of 2006 required the CDE to submit a report to the Legislature  
          regarding the feasibility of providing breakfasts at schools  








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          that meet the requirements for the federal severe need  
          reimbursement (schools where 40% or more of the lunches that  
          were served two years earlier were provided free or at a  
          reduced-price).  The CDE contracted with WestEd to conduct the  
          report.  The report found that while a majority of the severe  
          need schools participated in the SBP, many students were still  
          not eating breakfast.  The report recommended support for a  
          state requirement that severe need schools provide breakfast,  
          but suggested that a waiver process be available.  The report  
          also suggested encouraging schools to try a variety of proven  
          strategy to increase participation in the SBP, including the  
          strategies intended by this bill.   The author may wish to  
          consider including a waiver from the requirement to offer  
          breakfast after instruction has begun for those schools that  
          already have a high participation rate in their current  
          breakfast program.  

          Arguments in support.  The author states, "School breakfast is  
          associated with improved academic achievement, attendance, and  
          classroom behavior. Children who eat breakfast demonstrate  
          increased cognitive function and focus and perform better on  
          tests. Children who eat breakfast also demonstrate better  
          emotional health and stronger memory function. School breakfast  
          participants are more likely to consume essential vitamins and  
          micronutrients and have overall healthier diets. Eating  
          breakfast is also associated with healthier body weight.  
          After-the-bell breakfast models are known to reach more students  
          than traditional school breakfast service.


          Current law does not adequately ensure that students have access  
          to school breakfast.  Three out of four students in California  
          miss out on the health and academic benefits of a nutritious  
          school breakfast."  


          Prior related legislation.  AB 839 (Brownley), held in the  
          Senate Appropriations suspense file in  2011, would have  
          required a local governing board to consider specified data  








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          regarding the federal SBP in the process of approving the  
          consolidated application for specified categorical program  
          funding.


          AB 1966 (Garcia), held in the Assembly Appropriations Committee  
          suspense file in 2008, requires schoolsites that enroll more  
          than 400 pupils and meet the qualifications of federal severe  
          need reimbursement to offer breakfast, beginning with the  
          2010-11 school year.  


          AB 92 (Garcia), held in the Assembly Appropriations Committee  
          suspense file in 2007, requires each schoolsite that meets the  
          qualifications of the federal severe need reimbursement to offer  
          breakfast, beginning with the 2008-09 school year.


          AB 569 (Garcia), Chapter 72, Statutes of 2006, required the CDE  
          to conduct a study on or before March 31, 2007 regarding the  
          feasibility of providing breakfasts at schools that meet the  
          requirements for the federal severe need reimbursement and to  
          report the results of the study to the Legislature.  


          AB 1916 (Garcia), held in the Assembly Appropriations Committee  
          in 2006, would have required each schoolsite that meets the  
          qualifications of the federal severe need reimbursement to offer  
          breakfast.  


          AB 2935 (Goldberg), vetoed by Governor Davis in 2002, would have  
          required a school district meeting specified criteria for low  
          performance, to hold a public hearing at a regularly scheduled  
          meeting to discuss items relating to offering breakfast to their  
          students through the SBP.   

          REGISTERED SUPPORT / OPPOSITION:









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          Support


          California Food Policy Advocates (sponsor)


          Alameda County Community Food Bank


          California Association of Food Banks


          California Catholic Conference of Bishops


          California Center for Public Health Advocacy


          California Conference of local Health Department Nutritionists


          California Hunger Action Coalition


          California Pan-Ethnic Health Network


          California School-Based Health Alliance


          California Teamsters Public Affairs Council


          Community Food and Justice Coalition










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          Food Bank of Contra Costa and Solano


          Hunger Action Los Angeles


          Hunger Advocacy Network


          Jewish Family Service of San Diego


          Locally Delicious, Inc.


          National Association of Social Workers, California Chapter


          OC Food Bank


          Orange County Food Access Coalition


          Roots of Change


          San Diego Hunger Coalition


          San Francisco Unified School District


          SF-Marin Food Book


          Urban & Environmental Policy Institute










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          Western Center on Law and Poverty


          Numerous individuals




          Opposition


          None on file




          Analysis Prepared by:Sophia Kwong Kim / ED. / (916) 319-2087