BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                               Jack Scott, Chair
                           2007-2008 Regular Session
                                        

          BILL NO:       SB 1369
          AUTHOR:        Cedillo
          AMENDED:       March 27, 2008
          FISCAL COMM:   No             HEARING DATE:  April 9, 2008
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           NOTE  :  This bill has been referred to the Committees on  
          Education and Health.  A "do pass" motion should include  
          referral to the Committee on Health.

           SUBJECT  :  Application for Free and Reduced-Price Meals
          
           SUMMARY  

          This bill gives school districts the option to skip a step  
          of the Express Enrollment process (to determine Medi-Cal  
          eligibility) that districts must currently take when  
          processing applications for free school meals.

           BACKGROUND  

          Current law:

          1)   Provides that children with family incomes at or below  
               130% of federal poverty guidelines are eligible for  
               free meals and children with family incomes at or  
               below 185% of federal poverty guidelines are eligible  
               for reduced-price meals.  A family of 3 with an annual  
               income of $31,765 or less would be eligible for  
               reduced-price meals, and a family of 3 with an annual  
               income of $22,321 or less would be eligible for free  
               meals.

          2)   Establishes a process (Express Enrollment) to expedite  
               Medi-Cal enrollment for children receiving free  
               lunches through the National School Lunch Program.   
               This process is not an option for children receiving  
               reduced-price meals.

          3)   Gives school districts and county superintendents the  
               option to include in the National School Lunch Program  




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               application packet or notification of eligibility for  
               the National School Lunch Program, among other things,  
               a request for parental consent for the child to  
               participate in the Medi-Cal program and have the  
               information on the school lunch application shared  
               with the entity designated by the Department of Health  
               Services to make an accelerated determination of  
               Medi-Cal eligibility.

          4)   With regard to accelerated determination for Medi-Cal,  
               prohibits a school, if the school is aware that a  
               child already has an active Medi-Cal or Healthy  
               Families case, from processing the application for an  
               accelerated 




































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               determination but requires the school to forward that  
               application to the local agency that determines  
               Medi-Cal eligibility.  

          5)   Requires the school to notify the parent of the  
               child's ineligibility for accelerated Medic-Cal and  
               that the child's application will be forwarded to the  
               county.  The notice must include a statement, with  
               contact information, advising the parent to contact  
               the Medi-Cal or Healthy Families programs regarding  
               the child's eligibility status.

           ANALYSIS
           
           This bill  :

          1)   Gives school districts the option of not processing  
               the National School Lunch Program application for an  
               accelerated determination and not forwarding it to the  
               entity designated by the State Department of Health  
               Care Services to make an accelerated determination,  
               when the school has data that indicates:

               a)        A school lunch application has been  
                    submitted for the child.

               b)        The parent or guardian has consented to  
                    share the information on the application.

               c)        The child already has an active Medi-Cal or  
                    Healthy Families case.

          2)   Adds to the application for free school meals, at the  
               option of the school district or county superintendent  
               of schools, notification to parents that if the school  
               district possess data indicating that child already  
               has active Medi-Cal or Healthy Families case, the  
               information on the school lunch application will not  
               be shared and that the applicant will have an  
               opportunity to refute the school district's  
               determination that the child already has a Medi-Cal or  
               Healthy Families case.

          3)   Requires the parent or guardian to be given the  
               opportunity to refute the determination of the school  
               district and if it is verified that the child does not  




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               have an active Medi-Cal or Healthy Families case,  
               requires the application to be processed for an  
               accelerated Medi-Cal determination and forwarded to  
               the entity designated to make an accelerated  
               determination of Medi-Cal eligibility.

          4)   Makes technical change to update the name of  
               Department of Health Care Services.

           STAFF COMMENTS  

           1)   Skipping a step  .  Currently, schools must forward an  
               application for free school meals to the local  
               Medi-Cal agency even when the school knows the student  
               already has an active Medi-Cal case.  The local  
               Medi-Cal agency then must process the application  
               until it verifies the student does indeed have an  
               active Medi-Cal case.  This process is duplicative and  
               skipping this step will not jeopardize a child's  
               Medi-Cal eligibility or receipt of Medi-Cal services.  

          2)   Cost savings  .  Schools currently are not required to  
               process a school meal application if the school  
               believes the child has an active Medi-Cal or Healthy  
               Families case, but are still required to forward the  
               application to the local Medi-Cal agency.  By skipping  
               the step of forwarding the application to the local  
               Medi-Cal agency, schools should realize some cost  
               savings. A greater savings should be realized by local  
               Medi-Cal agencies for the reduction in the duplicative  
               workload.

           3)   Related legislation  .  AB 2875 (Furutani, 2008) makes  
               mandatory the current option to modify the request for  
               parental consent to share information to allow the  
               local Medi-Cal agency to inform schools when follow-up  
               is needed to complete the Medi-Cal application  
               process. 
               AB 2875 is set for hearing in the Assembly Health for  
               April 8, 2008.

               AB 2300 (Laird, 2008) directs the California  
               Department of Education in consultation with the  
               California Department of Health Care Services to  
               develop and implement a process to use Medi-Cal  
               participation data to verify and directly certify  




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               children into the National School Lunch and School  
               Breakfast programs.  AB 2300 passed out of the  
               Assembly Education Committee on a 10 - 0 vote on April  
               2, 2008, and is pending in the Assembly Appropriations  
               Committee.

           SUPPORT  

          100% Campaign
          Los Angeles Unified School District

           OPPOSITION

           None on file.