Senate Bill No. 708

Introduced by Senator Mendoza

February 27, 2015

An act to amend Section 49557 of the Education Code, relating to pupil nutrition.

LEGISLATIVE COUNSEL’S DIGEST

SB 708, as introduced, Mendoza. Pupil nutrition: free or reduced-price meals: online applications.

(1) Existing law requires each school district and 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 schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils at all times during each regular schoolday. Existing law requires the Superintendent of Public Instruction to supervise the implementation of this program and to investigate acts of alleged noncompliance.

This bill would authorize the governing boards of school districts and county superintendents of schools to also make applications for free or reduced-price meals electronically available online. The bill would specify requirements that would have to be met by the governing boards of school districts and county superintendents of schools who choose to provide access to an online application under this bill.

The bill would require all applications to include clear instructions for families that are homeless or are migrants. To the extent that this provision would impose new duties on local educational agencies, 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.  

It is the intent of the Legislature to enact
legislation to improve access to children from refugee and
immigrant households to child nutrition programs.

SEC. 2.  

Section 49557 of the Education Code is amended to
read:

49557.  

(a)  begin insert (1) end insert begin insert   end insert The governing board of a school district and
the county superintendent of schools shall make begin insert paper end insert applications
for free or begin delete reduced price end delete begin insert reduced-price end insert meals available to begin delete students end delete
begin insert pupils end insert at all times during each regular schoolday begin insert , and may also
make an application electronically available online, provided that
the online application complies with paragraph (3) end insert . The application
shall contain begin insert clear instructions for families that are homeless or
are migrants, and shall also contain end insert , in at least 8-point boldface
type, each of the following statements:

begin delete

(1)

end delete

begin insert (A) end insert  Applications for free and begin delete reduced price end delete begin insert reduced-price end insert meals
may be submitted at any time during a schoolday.

begin delete

(2)

end delete

begin insert (B) end insert  Children participating in the National School Lunch Program
will not be overtly identified by the use of special tokens, special
tickets, special serving lines, separate entrances, separate dining
areas, or by any other means.

begin delete

A

end delete

begin insert (2) end insert begin insert   end insert begin insert A end insert school district and the county superintendent of schools
shall use all other begin insert paper end insert applications it has for free or begin delete reduced
price end delete begin insert reduced-price end insert meals before utilizing the applications pursuant
to this subdivision.

begin insert

(3) If the governing board of a school district, a county office
of education, or a school food service officer chooses to provide
access to an online application for free or reduced-price meals
pursuant to paragraph (1), the online application shall comply
with all of the following requirements:

end insert begin insert

(A) Include a link to translated applications provided for all
languages for which the United States Department of Agriculture
has provided a translation, with instructions in that language that
inform the applicant how to submit the application.

end insert begin insert

(B) Require completion of only those questions that are
necessary for determining eligibility.

end insert begin insert

(C) Include clear instructions for families that are homeless or
are migrants.

end insert begin insert

(D) Comply with the privacy rights and disclosure protections
established by the federal Richard B. Russell National School
Lunch Act (Public Law 113-79) and the federal Children’s Online
Privacy Protection Act (Public Law 105-277).

end insert begin insert

(E) Include links to all of the following:

end insert begin insert

(i) The online application to CalFresh.

end insert begin insert

(ii) The online single state application for health care.

end insert begin insert

(iii) The Internet Web site maintained by the State Department
of Public Health providing ZIP-Code-specific referrals to the
Women, Supplemental Nutrition Program for Infants and Children.

end insert begin insert

(iv) The Internet Web site of a summer lunch program authorized
to participate within the city or school district.

end insert begin insert

(F) No online application for free or reduced-price meals shall
be made available online or made accessible online by a school
district, county office of education, or school food service officer
if the online application allows for the information provided by
an applicant to be used by a private entity for any purpose, or if
the online application requires an applicant to waive any right or
to create a user account in order to submit the application.

end insert

(b) The governing board of each school district and each county
superintendent of schools shall formulate a plan, which shall be
mailed to the State Department of Education for its approval, that
will ensure that children eligible to receive free or begin delete reduced priced end delete
begin insert reduced-price end insert meals and milk shall not be treated differently from
other children. These plans shall ensure each of the following:

(1) Unless otherwise specified, the names of the children shall
not be published, posted, or announced in any manner, or used for
any other purpose other than the National School Lunch Program.

(2) There shall be no overt identification of any of the children
by the use of special tokens or tickets or by any other means.

(3) The children shall not be required to work for their meals
or milk.

(4) The children shall not be required to use a separate dining
area, go through a separate serving line, enter the dining area
through a separate entrance, or consume their meals or milk at a
different time.

(c) When more than one lunch or breakfast or type of milk is
offered pursuant to this article, the children shall have the same
choice of meals or milk that is available to those children who pay
the full price for their meal or milk.

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.