BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                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.








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          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)








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          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  








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                 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.  








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          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










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          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








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          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  ****