BILL ANALYSIS Ó AB 1240 Page 1 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 AB 1240 Page 2 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) AB 1240 Page 3 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 AB 1240 Page 4 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. AB 1240 Page 5 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 AB 1240 Page 6 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 AB 1240 Page 7 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 AB 1240 Page 8 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 AB 1240 Page 9 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: AB 1240 Page 10 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 AB 1240 Page 11 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 AB 1240 Page 12 Western Center on Law and Poverty Numerous individuals Opposition None on file Analysis Prepared by:Sophia Kwong Kim / ED. / (916) 319-2087