SB 1369 Senate Bill - INTRODUCED

BILL NUMBER: SB 1369	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cedillo

                        FEBRUARY 21, 2008

   An act to amend Section 49557.2 of the Education Code, relating to
pupil nutrition.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1369, as introduced, Cedillo. Pupil nutrition: free and reduced
price meals: application.
   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. A school district and county superintendent of
schools may incorporate information about the Medi-Cal and Healthy
Families programs in the application. Parents may consent to allow
the school district or county superintendent of schools to share
information from the school lunch program application with the county
agency administering the Medi-Cal program for use in making an
accelerated Medi-Cal eligibility determination.
   This bill would prohibit a school district from sharing the
information on the school lunch program application if the school
district determines that the child already has an active Medi-Cal or
Healthy Families case. The bill would require the parent or guardian
to be given the opportunity to refute this finding and if it is
verified that the child does not have an active Medi-Cal or Healthy
Families case, the application would be required to be processed for
an accelerated Medi-Cal determination and forwarded to the entity
designated by the State Department of Health Care Services to make an
accelerated determination and to the local agency that determines
eligibility under the Medi-Cal program. The request for the consent
of the parent or guardian to share the information on the school
lunch program application would be required to include a notification
that if the school district determines the child already has an
active Medi-Cal or Healthy Families case, the information on the
application will not be shared and the applicant will have an
opportunity to refute the determination of the school district.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 49557.2 of the Education Code is amended to
read:
   49557.2.  (a) (1) At the option of the school district or county
superintendent of schools  , and to the extent necessary to
implement Section 14005.41 of the Welfare and Institutions Code, the
following information may be incorporated into the School Lunch
Program application packet or notification of eligibility for the
School Lunch Program using simple and culturally appropriate
language:
   (A) A notification that if a child qualifies for free school
lunches, then the child may qualify for free or reduced-cost health
coverage.
   (B) A request for the  applicant's  consent 
of the applicant  for the child to participate in the Medi-Cal
program, if eligible for free school lunches, and to have the
information on the school lunch application shared with the entity
designated by the State Department of Health  Care  Services
to make an accelerated determination and the local agency that
determines eligibility under the Medi-Cal program  and
notification that if the school district determines the child already
has an active Medi-Cal or Healthy Families case, the information on
the school lunch application will not be shared and the applicant
will have an opportunity to refute the   determination of
the school district  .
   (C) A notification that the school district will not forward the
school lunch application to the entity designated by the State
Department of Health  Care  Services to make an accelerated
determination and the local agency that determines eligibility under
the Medi-Cal program, without the consent of the  child's
 parent or guardian  of the child  .
   (D) A notification that the school lunch application is
confidential and, with the exception of forwarding the information
for use in health program enrollment upon the consent of the 
child's  parent or guardian  of the child  , the
school district will not share the information with  any
other   another  governmental agency, including the
federal Department of Homeland Security and the Social Security
Administration.
   (E) A notification that the school lunch application information
will  only  be used  only  by the entity
designated by the State Department of Health  Care  Services
to make an accelerated determination and the state and local
agencies that administer the Medi-Cal program for purposes directly
related to the administration of the program and will not be shared
with other government agencies, including the Department of Homeland
Security and the Social Security Administration for any purpose other
than the administration of the Medi-Cal program.
   (F) Information regarding the Medi-Cal program, including
available services, program requirements, rights and
responsibilities, and privacy and confidentiality requirements.
   (2) The State Department of Education, in consultation with school
districts, county superintendents of schools, consumer advocates,
counties, the State Department of Health  Care  Services,
and other stakeholders, shall make recommendations regarding the
School Lunch Program application, on or before February 1, 2003. The
recommendations shall include specific changes to the School Lunch
Program application materials as necessary to implement Section
14005.41 of the Welfare and Institutions Code, information for staff
as to how to implement the changes, and a description of the process
by which information on the School Lunch Program application will be
shared with the county, as the local agency that determines
eligibility under the Medi-Cal program.
   (3) At the option of the school, the request for consent in
subparagraph (B) of paragraph (1) may be modified so that the parent
or guardian  also  can  also  consent to
allowing Medi-Cal to inform the school as provided in subdivision (n)
of Section 14005.41 of the Welfare and Institutions Code when
followup is needed in order to complete the Medi-Cal application
process.
   (b) (1) School districts and county superintendents of schools may
implement a process to share information provided on the School
Lunch Program application with the entity designated by the State
Department of Health  Care  Services to make an accelerated
determination and with the local agency that determines eligibility
under the Medi-Cal program, and shall share this information with
those entities, if the applicant consents to that sharing of
information. Schools may designate, only as necessary to implement
this section,  non-food   nonfood  service
staff to assist in the administration of free, reduced price, or paid
school lunch applications that have applicant consent, but only if
that designation does not displace or have an adverse effect on food
service staff. This information may be shared electronically,
physically, or through whatever method is determined appropriate.
   (2)  If   When  a school  is
aware   district determines  that a child ,
who has been found eligible for free school lunches under the
  for whom a  National School Lunch Program 
application has been submitted  , and for whom the parent or
guardian has consented to share the information provided on the
application, already has an active Medi-Cal or Healthy Families case,
the application shall not be processed for an accelerated
determination  but  and  shall  not
 be forwarded to the  entity designated by the State
Department of Health Care Services to make an accelerated
determination or the  local agency that determines eligibility
under the Medi-Cal program pursuant to Section 14005.41 of the
Welfare and Institutions Code. The school shall notify the parent or
guardian of the  child's  ineligibility  of the
child for  an  accelerated Medi-Cal  due to the
current eligibility status   determination  and
that the  child's  application  of the child
 will  not  be forwarded to the county pursuant to this
section.  The notice shall include a statement, with contact
information, advising the parent or guardian to contact the Medi-Cal
or Healthy Families programs regarding the child's eligibility
status.   The parent or guardian shall be given the
opportunity to refute this finding and if it is verified that the
child does not have an active Medi-Cal or Healthy Families case, the
application   of the child   shall be processed for
an accelerated Medi-Cal determination and forwarded to the entity
designated by the State Department of Health Care Services to make an
accelerated determination and the local agency that determines
eligibility under the   Medi-Cal program  .
   (3) Each school district or county superintendent that chooses to
share information pursuant to this subdivision shall enter into a
memorandum of understanding with the local agency that determines
eligibility under the Medi-Cal program, that sets forth the roles and
responsibilities of each agency and the process to be used in
sharing the information.
   (4) The local agency that determines eligibility under the
Medi-Cal program shall only use information provided by applicants on
the school lunch application for purposes directly related to the
administration of the Medi-Cal program.
   (5) After school districts share information regarding the school
lunch application with the entity designated by the State Department
of Health  Care  Services to make an accelerated
determination and the local agency that determines eligibility under
the Medi-Cal program, for the purpose of determining Medi-Cal program
eligibility, the local agency and the school district shall not
share information about school lunch participation or the Medi-Cal
program eligibility information with each other except as
specifically authorized under subdivision (n) of Section 14005.41 of
the Welfare and Institutions Code and other provisions of law.
   (c)  Effective July 1, 2005, the   The 
notifications and consent referenced in subdivision (a) and the
procedures set out in subdivision (b) shall include the Healthy
Families Program and  any   the  relevant
county- and local-sponsored health insurance programs as necessary to
implement Section 14005.41 of the Welfare and Institutions Code.
   (d) If a school district finds that the child is eligible for
reduced price or paid meals under the National School Lunch Program
and consent was provided as described in subdivision (b), the entity
designated by the State Department of Health  Care  Services
to make an accelerated determination shall notify the parent or
guardian of the  child's  ineligibility  of the
child  for an accelerated Medi-Cal determination pursuant to
Section 14005.41 of the Welfare and Institutions Code. The
notification shall include information on other available health
programs for which the child may be eligible.