Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1449

Introduced by Assembly Member Lopez

February 27, 2015

begin delete An act relating to pupil nutrition. end delete begin insert An act to amend Section 69436 of the Education Code, relating to student financial aid. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1449, as amended, Lopez. begin delete Pupil nutrition: prepackaged meals for pupils eligible for free or reduced-price meals. end delete begin insert Student financial aid: California Community College Transfer Cal Grant Entitlement Program. end insert

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Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions.

end insert begin insert

Under the California Community College Transfer Cal Grant Entitlement Program, a student who transfers from a California community college to a qualifying institution that offers a baccalaureate degree receives a Cal Grant A or B award if the student meets specified requirements, among which are that the student not be 28 years of age or older by December 31 of the award year and that the student graduate from a California high school or its equivalent during or after the 2000-01 academic year.

end insert begin insert

This bill would instead require that the student receiving a California Community College Transfer Cal Grant Entitlement award not be 30 years of age or older by December 31 of the award year. The bill would eliminate the requirement that the student graduate from a California high school or its equivalent during or after the 2000-01 academic year.

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Existing law requires each school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate free or reduced-price meal during each school day, as specified, and authorizes a school district or county office of education to use funds available through any federal or state program for those purposes, as specified.

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This bill would express the Legislature’s intent to enact legislation that would enable schools that are not eligible for federal Title I funds to provide prepackaged meals to pupils attending the school who are eligible for free or reduced-price meals.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 69436 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

69436.  

(a) A student who was not awarded a Cal Grant A or
B award pursuant to Article 2 (commencing with Section 69434)
or Article 3 (commencing with Section 69435) at the time of his
or her high school graduation but, at the time of transfer from a
California community college to a qualifying baccalaureate
program, meets all of the criteria set forth in subdivision (b), shall
be entitled to a Cal Grant A or B award.

(b) Any California resident transferring from a California
community college to a qualifying institution that offers a
baccalaureate degree is entitled to receive, and the commission,
or a qualifying institution pursuant to Article 8 (commencing with
Section 69450), shall award, a Cal Grant A or B award depending
on the eligibility determined pursuant to subdivision (c), if all of
the following criteria are met:

(1) A complete official financial aid application has been
submitted or postmarked pursuant to Section 69432.9, no later
than the March 2 of the year immediately preceding the award
year.

(2) The student demonstrates financial need pursuant to Section
69433.

(3) The student has earned a community college grade point
average of at least 2.4 on a 4.0 scale and is eligible to transfer to
a qualifying institution that offers a baccalaureate degree.

(4) The student’s household has an income and asset level not
exceeding the limits set forth in Section 69432.7.

(5) The student is pursuing a baccalaureate degree that is offered
by a qualifying institution.

(6) He or she is enrolled at least part time.

(7) The student meets the general Cal Grant eligibility
requirements set forth in Article 1 (commencing with Section
69430).

(8) The student will not be begin delete 28 end delete begin insert 30 end insert years of age or older by
December 31 of the award year.

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(9) The student graduated from a California high school or its
equivalent during or after the 2000-01 academic year.

end delete begin delete end delete begin delete

(10)

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begin insert (9) end insert  (A) Except as provided for in subparagraph (B), the student
attended a California community college in the academic year
immediately preceding the academic year for which the award will
be used.

(B) A student otherwise eligible to receive an award pursuant
to this section, who attended a California community college in
the 2011-12 academic year, may use the award for the 2012-13
and 2013-14 academic years.

(c) The amount and type of the award pursuant to this article
shall be determined as follows:

(1) For applicants with income and assets at or under the Cal
Grant A limits, the award amount shall be the amount established
pursuant to Article 2 (commencing with Section 69434).

(2) For applicants with income and assets at or under the Cal
Grant B limits, the award amount shall be the amount established
pursuant to Article 3 (commencing with Section 69435).

begin delete end delete begin delete

(d) (1) A student meeting the requirements of paragraph (9) of
subdivision (b) by means of high school graduation, rather than
its equivalent, shall be required to have graduated from a California
high school, unless that California resident graduated from a high
school outside of California due solely to orders received from a
branch of the United States Armed Forces by that student or by
that student’s parent or guardian that required that student to be
outside of California at the time of high school graduation.

end delete begin delete end delete begin delete

(2)

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begin insert (d) end insert   begin insert (1) end insert begin insert   end insert For the purposes of this article, both of the following
are exempt from the requirements of subdivision (e) of Section
begin delete 69433.9 and paragraph (9) of subdivision (b) of this section: end delete
begin insert 69433.9: end insert

(A) A student for whom a claim under this article was paid prior
to December 1, 2005.

(B) A student for whom a claim under this article for the
2004-05 award year or the 2005-06 award year was or is paid on
or after December 1, 2005, but no later than October 15, 2006.

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(3)

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begin insert (2) end insert  (A) The commission, or a qualifying institution pursuant
to Article 8 (commencing with Section 69450), shall make
preliminary awards to all applicants currently eligible for an award
under this article. At the time an applicant receives a preliminary
award, the commission, or a qualifying institution pursuant to
Article 8 (commencing with Section 69450), shall require that
applicant to affirm, in writing, under penalty of perjury, that he or
she meets the requirements set forth in subdivision (e) of Section
begin delete 69433.9, paragraph (9) of subdivision (b) of this section, end delete begin insert 69433.9 end insert
and paragraph (1) of this subdivision. The commission, or a
qualifying institution pursuant to Article 8 (commencing with
Section 69450), shall notify each person who receives a preliminary
award under this paragraph that his or her award is subject to an
audit pursuant to subparagraph (B).

(B) The commission shall select, at random, a minimum of 10
percent of the new and renewal awards made under subparagraph
(A), and shall require, prior to the disbursement of Cal Grant funds
to the affected postsecondary institution, that the institution verify
that the recipient meets the requirements of subdivision (e) of
Section begin delete 69433.9, paragraph (9) of subdivision (b) of this section, end delete
begin insert 69433.9 end insert and paragraph (1) of this subdivision. An award that is
audited under this paragraph and found to be valid shall not be
subject to a subsequent audit.

(C) Pursuant to Section 69517.5, the commission shall seek
repayment of any and all funds found to be improperly disbursed
under this article.

(D) On or before November 1 of each year, the commission
shall submit a report to the Legislature and the Governor including,
but not necessarily limited to, both of the following:

(i) The number of awards made under this article in the
preceding 12 months.

(ii) The number of new and renewal awards selected, in the
preceding 12 months, for verification under subparagraph (B), and
the results of that verification with respect to students at the
University of California, at the California State University, at
independent nonprofit institutions, and at independent for-profit
institutions.

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SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) A needy child who transfers from a school supported with
funds authorized under Title I of the federal No Child Left Behind
Act of 2001 (20 U.S.C. Sec. 6301 et seq.) to a better performing
school that is not supported by Title I funds may lose access to
free or reduced-price school breakfast.

(2) Often these children are caught between a rock and a hard
place and end up trying to learn on an empty stomach. Although
these children may continue to be eligible to receive a free or
reduced-price breakfast at the school from which the child
transferred, the reality is an overwhelming number of these children
do not have the luxury of squeezing in the extra travel time each
morning.

(3) Extra kitchen staff or extra staff time is expensive. However,
having prepackaged foods that do not require onsite preparation
reduces demands upon school staff.

(b) It is the intent of the Legislature to enact legislation that
would enable schools that are not eligible for funds authorized
under Title I of the federal No Child Left Behind Act of 2001 to
provide prepackaged meals to pupils who are eligible for free or
reduced-price meals.

end delete