BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 708             
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          |Author:    |Mendoza                                              |
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          |Version:   |April 16, 2015                             Hearing   |
          |           |Date:     April 22, 2015                             |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  Pupil nutrition:  free or reduced-price meals:  online  
          applications

            SUMMARY
          
          This bill authorizes school districts and county offices of  
          education to make electronic applications for free or  
          reduced-price meals available, and requires both paper and  
          electronic applications to contain clear instructions for  
          families that are homeless or are migrants.  

            BACKGROUND
          
          Current law:

             1.   Requires each school district or county office of  
               education to provide for each needy student one  
               nutritionally adequate free or reduced-price meal during  
               each schoolday.  (Education Code § 49550)

             2.   Requires school districts and county offices of  
               education to make applications for free or reduced-price  
               meals available to students at all times during each  
               regular schoolday.  (EC § 49557)

             3.   Encourages each school district and county office of  
               education to include information that parents may use to  
               request information concerning the Medi-Cal program, and  
               the Healthy Families Program.  (EC § 49557.1)








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             4.   Authorizes school districts or county offices of  
               education to incorporate information relative to Medi-Cal  
               and health care coverage through the California Health  
               Benefit Exchange into the School Lunch Program application  
               packet or notification of eligibility.  (EC § 49557.2)

             5.   Requires all applications and records concerning any  
               individual made or kept by any public officer or agency  
               relating to free or reduced-price meal eligibility to be  
               confidential, and may not be open to examination for any  
               purpose not directly connected with the administration of a  
               free or reduced-price meal program.  
          (EC § 49558)

            ANALYSIS
          
          This bill authorizes school districts and county offices of  
          education to make electronic applications for free or  
          reduced-price meals available, and requires both paper and  
          electronic applications to contain clear instructions for  
          families that are homeless or are migrants.  Specifically, this  
          bill:

          1.   Authorizes school districts and county offices of education  
               to make an application for free or reduced-price meals  
               electronically available online, provided that the online  
               application meets the requirements described in #3.

          2.   Requires both the paper and electronic application,  
               pursuant to federal and state guidelines, to contain clear  
               instructions for families that are homeless or are  
               migrants.

          3.   Requires the online application, if a school district,  
               county office of education, or a school food service  
               officer chooses to provide access to an online application,  
               to comply with all of the following requirements:

                    A.             Include a link to the website on which  
                    translated applications are posted by the United  
                    States Department of Agriculture with instructions in  
                    that language that inform the applicant how to submit  
                    the application.









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                    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 and the  
                    federal Children's Online Privacy Protection Act.

                    E.             Include links to all of the following:

                              (1)                      The online  
                         application to CalFresh.

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

                              (3)                      The California  
                         Department of Public Health's website providing  
                         zip code specific referrals to the Special  
                         Supplemental Nutrition Program for Women, Infants  
                         and Children.

                              (4)                      The website of a  
                         summer lunch program authorized to participate  
                         within the city or school district.  

          4.   Prohibits an online application for free or reduced-price  
               meals to be made available or 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 not related to the  
               administration of a school food program, or if the online  
               application requires an applicant to waive any right or to  
               create a user account in order to submit the application.

          5.   States legislative findings and declarations that federal  
               guidelines require school food authorities to accept and  
               process applications if they are submitted to the school  
               food authority.








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          STAFF COMMENTS
          
          1.   Need for the bill.  According to the author, "SB 708 will  
               reduce the incidence of child hunger by establishing  
               uniform standards for online school meal application.  This  
               bill will improve access to translated school meal  
               applications, streamline required information collected for  
               eligibility determination, add links to connect families to  
               other support programs such as CalFresh, add privacy  
               protections for applicants, and include clear instructions  
               to support homeless or migrant youth."

          2.   Paper vs electronic.  Current law requires school districts  
               and county offices of education to make applications for  
               free or reduced-price meals available to students at all  
               times during each regular schoolday.  This bill authorizes  
               school districts and county offices of education to also  
               make an electronic application available online.  This bill  
               requires, if districts and county offices choose to offer  
               an electronic application, the electronic application to  
               include links to the following information that is not  
               currently required to be provided with the paper  
               application:

               A.        The California Department of Public Health's  
                    website providing zip code specific referrals to the  
                    Special Supplemental Nutrition Program for Women,  
                    Infants and Children.

               B.        The website of a summer lunch program authorized  
                    to participate within the city or school district.  

               Current law authorizes and encourages, but does not  
               require, paper applications to include information about  
               Medi-Cal and CalFresh. According to the author, current  
               practice is to provide clear instructions for families that  
               are homeless or migrant.  This bill requires both paper and  
               electronic applications to include clear instructions for  
               families that are homeless or migrant, and requires  
               electronic applications to include links to applications  
               for CalFresh and health care, in addition to the  
               information cited above.
               








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          3.   Online security.  This bill requires an online application  
               to comply with the privacy rights and disclosure  
               protections established by the federal Richard B. Russell  
               National School Lunch Act and the federal Children's Online  
               Privacy Protection Act.  This bill also prohibits an online  
               application to be made available or accessible if the  
               online application allows for the information provided by  
               an applicant to be used by a private entity for any purpose  
               not related to the administration of a school food program,  
               or if the online application requires an applicant to waive  
               any right or to create a user account in order to submit  
               the application.

          4.   Eligibility determination.  This bill requires an online  
               application to require completion of only those questions  
               that are necessary for determining eligibility.  According  
               to the author, schools often use applications to collect  
               other information of interest to them, but that information  
               is not required to be included in the school meal  
               application.  Those additional items can be skipped on a  
               paper application and schools are required to accept and  
               process the application if the information specific to free  
               or reduced-price meals is complete.  It's possible that an  
               electronic application could include mandatory fields  
               (require an answer) for each point of information, even if  
               that information is not required for the free or  
               reduced-price meal application.  

          5.   Related and prior legislation.

          RELATED LEGISLATION

          AB 608 (Gordon, 2015) among other things, requires a county  
               human services agency to inform households applying for  
               CalFresh that if the household is certified for CalFresh,  
               children under five years of age in the household are  
               income-eligible for the WIC Program, and all children in  
               the household are directly certified for the National  
               School Lunch Program and the School Breakfast Program  
               without further application.  AB 608 also requires the  
               Department of Social Services to inform all CalFresh  
               households annually, prior to the end of the school year,  
               about the summer meal program.  AB 608 is scheduled to be  
               heard by the Assembly Appropriations Committee on April 22.








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          PRIOR LEGISLATION

          AB 422 (Nazarian, Ch. 440, 2013) adds information regarding  
               health care coverage available through the California  
               Health Benefit Exchange to notifications that may be  
               included at the option of the school district or county  
               superintendent on applications for the School Lunch  
               Program.

          AB 402 (Skinner, Ch. 504, 2011) authorizes school districts and  
               county offices of education to share information provided  
               on the School Lunch Program application with the local  
               agency that determines CalFresh program eligibility, or to  
               an agency that determines eligibility for nutrition  
               assistance programs.  Requires each county to determine  
               eligibility for CalFresh based on the information shared by  
               a school district or county office of education and to  
               enroll determined eligible pupils.

            SUPPORT
          
          None on current version of the bill.

            OPPOSITION
           
           None received.

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