BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 708


                                                                    Page  1





          SENATE THIRD READING


          SB  
          708 (Mendoza)


          As Amended  July 16, 2015


          Majority vote


          SENATE VOTE:  38-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Education       |6-0  |O'Donnell, Chávez,    |                    |
          |                |     |Kim, McCarty,         |                    |
          |                |     |Santiago, Thurmond    |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |16-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Daly, Eggman,         |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Jones, Quirk, Rendon, |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |








                                                                     SB 708


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          SUMMARY:  Establishes requirements for school districts and  
          county offices of education, if they choose to provide an online  
          application for free or reduced-price meals.  Specifically, this  
          bill:  


          1)Specifies that 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 specified  
            criteria. 


          2)Specifies that if the governing board of a school district, a  
            county office of education, or a school food service personnel  
            chooses to provide access to an online application for free or  
            reduced-price meals, the online application shall comply with  
            all of the following requirements:


             a)   Include a link to the Internet Web site 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. 


             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.









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             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 of 1998  
               (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 Special Supplemental Nutrition Program  
                 for Women, Infants and Children.


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


          3)Prohibits an online application for free or reduced-price  
            meals to be made available online or made accessible online by  
            a school district, county office of education, or school food  
            service personnel 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. 










                                                                     SB 708


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          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, potential Proposition 98(1988)/General Fund (GF)  
          reimbursable state mandated costs, likely minor, for school  
          districts and county offices of education (COEs) to provide  
          paper copies of free or reduced priced meal (FRPM) applications  
          available at all times during the regular school day.  Current  
          law requires local education agencies (LEAs) to provide access  
          to FRPM applications but does not explicitly specify that  
          "paper" copies shall be made available.  This requirement could  
          result in minor printing costs that may be eligible for state  
          reimbursement.


          Unknown, likely minor, Proposition 98/GF cost pressure for  
          school districts and COEs to update online FRPM applications (if  
          they chose to provide applications in this format).  Whether or  
          not an LEA provides applications through an online format is a  
          local decision and, therefore, the LEA cannot seek reimbursement  
          for these activities.


          Unknown state and federal costs to the extent already qualified  
          families are connected to CalFresh, CalWORKs, Medi-Cal and the  
          Special Supplemental Nutrition Program for Women, Infants, and  
          Children Program as a result of this bill. 


          General Fund administrative costs to the California Department  
          of Education (CDE), in the range of $15,000 to $17,000, to  
          update eligibility materials for the FRPM program to reflect the  
          requirements of this bill. 


          COMMENTS:  This bill establishes requirements for school  
          district, county offices of education and school food service  
          personnel to follow if those entities choose to provide an  
          online application for free and reduced-price meals. 










                                                                     SB 708


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          According to the author, child hunger can negatively impact  
          classroom learning and has long-term consequences to academic  
          outcomes and child brain development.  The National School Lunch  
          Program (NSLP) is one of the best ways to address child hunger  
          during the school year.  The federally funded program is guided  
          by state and federal law and guidance.  Current state and  
          federal law requires federal school lunch program participating  
          entities to follow certain procedures and establish certain  
          protections, but the current statute is silent on the topic of  
          online applications, which several school districts are  
          voluntarily making available to parents.  This bill seeks to  
          address the problem of lack of parity of rights and protections  
          for children whose parents are applying using online  
          applications and support the use of new technology to increase  
          access to materials translated by federal administrators and to  
          other online resources that can help prevent hunger and illness  
          among children.  This bill does not require schools to provide  
          an online application, it only establishes basic requirements of  
          those online applications should the school district or school  
          food entity chose to make one available to parents. 


          Paper vs Electronic Applications:  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, county offices of education and school food  
          service personnel to also make an electronic application  
          available online.  This bill requires, if districts, county  
          offices or school food service personnel 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:


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








                                                                     SB 708


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          2)The Web site 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.




          Analysis Prepared by:                                             
                          Chelsea Kelley / ED. / (916) 319-2087  FN:  
          0001464