BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 708| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 708 Author: Mendoza (D) Amended: 8/27/15 Vote: 21 SENATE EDUCATION COMMITTEE: 9-0, 4/22/15 AYES: Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SENATE FLOOR: 38-0, 6/1/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Hueso, Morrell ASSEMBLY FLOOR: 79-0, 9/01/15 - See last page for vote SUBJECT: Pupil nutrition: free or reduced-price meals: online applications SOURCE: Author DIGEST: 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. SB 708 Page 2 Assembly Amendments modify terminology, changing "school food service officer" to "school food authority," and clarify which Internet link is to be included in electronic applications for free or reduced-price meals. ANALYSIS: Existing 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) 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) SB 708 Page 3 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 authority chooses to provide access to an online application, to comply with all of the following requirements: a) Include a link to the Internet Web site (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. 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: i) The online application to CalFresh. ii) The online single state application for health care. iii) The California Department of Public Health's (DPH) web page entitled "About WIC and How to Apply," or SB 708 Page 4 another web page identified by the DPH that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children. iv) 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 authority 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. Background Paper vs electronic. Existing 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: 1)The DPH's web page entitled "About WIC and How to Apply," or another web page identified by the DPH that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children. 2)The website of a summer lunch program authorized to participate within the city or school district. SB 708 Page 5 Existing 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. 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. 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SB 708 Page 6 According to the Assembly Appropriations Committee, this bill imposes: Potential Proposition 98/General Fund (GF) reimbursable state mandated costs, likely minor, for school districts and county offices of education to provide paper copies of free or reduced priced meal applications available at all times during the regular school day. Current law requires local education agencies (LEAs) to provide access to free or reduced price meal 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 county offices of education to update online free and reduced price meal 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, in the range of $15,000 to $17,000, to update eligibility materials for the free and reduced price meal program to reflect the requirements of this bill. SUPPORT: (Verified9/1/15) None received SB 708 Page 7 OPPOSITION: (Verified9/1/15) None received ASSEMBLY FLOOR: 79-0, 9/01/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Harper Prepared by:Lynn Lorber / ED. / (916) 651-4105 9/1/15 20:15:41 **** END ****