Amended in Senate April 16, 2015

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

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

(B) Children participating in the begin insert federal end insert 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.

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

(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:

(A) Include a link to begin insert the Internet Web site on which end insert translated
applications begin delete provided for all languages for which end delete begin insert are posted by end insert
the United States Department of begin delete Agriculture has provided a
translation, end delete begin insert Agriculture, end insert with instructions in that language that
inform the applicant how to submit the application. begin insert The Legislature
finds and declares that federal guidelines require school food
authorities to accept and process these applications if they are
submitted to the school food authority. end insert

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

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

(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 begin insert of 1998 end insert (Public Law 105-277).

(E) Include links to all of the following:

(i) The online application to CalFresh.

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

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

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

(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 begin delete purpose, end delete begin insert purpose
not related to the administration of a school food program, end insert or if
the online application requires an applicant to waive any right or
to create a user account in order to submit the application.

(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 reduced-price
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 begin insert federal end insert 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.