BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          AB 839 (Brownley)
          
          Hearing Date: 08/25/2011        Amended: 08/15/2011
          Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 6-2
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          ____
          BILL SUMMARY: AB 839 requires school districts that elect to 
          apply for funding through the consolidated application process 
          to, while in the process of approving the consolidated 
          application, assess and discuss and consider specified issues 
          concerning School Breakfast Program participation. This bill 
          makes legislative findings and declarations regarding the 
          importance of breakfast to the achievement of pupils.
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          ____
                            Fiscal Impact (in thousands)

           Major Provisions        2011-12      2012-13       2013-14         
           Fund
           
          Consolidated application          Likely minor, potentially 
          significant costs             Local

          School Breakfast Program  Substantial cost pressure: up to tens 
          of millions      General
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          ____

          STAFF COMMENTS: SUSPENSE FILE. 

          This bill requires school district boards that apply for certain 
          funding to assess and discuss specific information regarding 
          access to and participation in the School Breakfast Program, as 
          well as include that information in the "consolidated 
          application" for certain state and federal categorical funding. 
          The consolidated application is an electronic document required 
          of districts that elect to apply for certain state and federal 
          categorical funds, including Title 1 funds. Districts that 
          choose to submit the consolidated application must have the 
          document approved by their local school board. 

          Under this bill, local school boards tasked with approving the 
          consolidated application to discuss the following, in a public 








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          meeting: A) Access to the School Breakfast Program, including 
          identifying the number of pupils who are eligible for free and 
          reduced-price meals and attend a school that does not operate a 
          breakfast program; B) participation in the School Breakfast 
          Program, including identifying schools within the district that 
          have low participation in the breakfast program; and C) options 
          for increasing program participation, including, but not limited 
          to, alternative service locations, service times, and payment 
          structures for operating the school breakfast program, and 
          include specified statements in the consolidated application. 

          The cost to local school district governing boards to have the 
          required discussions would likely be minor. The discussions 
          could occur during a regularly scheduled board meeting, and 
          using existing student data. Because school districts are not 
          required to participate in the School Breakfast Program, this 
          bill's requirements are unlikely to constitute a reimbursable 
          mandate. School districts with participating schools are, 
          however, functionally required to assume this additional 
          workload (or cancel their breakfast programs). To the extent 
          that these discussions result in the implementation of new 
          School Breakfast Program policies and practices, local schools 
          may incur additional costs or workload; new processes would be 
          at the discretion of the local board, and would not constitute a 
          reimbursable state mandate.

          This bill is intended to increase participation in the School 
          Breakfast Program. Its legislative findings and declarations 
          discuss the importance of the program, and the program's 
          underutilization, as well as the benefit of alternative delivery 
          models (which are a discussion requirement). The School 
          Breakfast Program is primarily funded with federal funds (as an 
          entitlement), but it does receive some state funding (as a 
          non-entitlement augmentation). To the extent that the provisions 
          of this bill are successful increasing program participation, 
          there will be additional cost pressure to increase state funding 
          augmentation of this program.

          In 2009-10, the most recent year for which complete data was 
          available, 3,434,256 pupils participated in the School Breakfast 
          Program statewide. Federal reimbursement ranged from 26 cents 
          for paid meals to $1.74 for free meals. The state pays $0.2195 
          per meal for students who qualify for free and reduced-price 
          meals. In May and June of 2009-10, state funding was 








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          insufficient to fully reimburse meals, so the reimbursement was 
          reduced to $.0695 per meal. The CDE estimates that if school 
          breakfast participation was at 100%, the additional cost to the 
          state would be nearly $100 million dollars to augment (by 
          approximately 22 cents per meal) 450 million additional meals.  
          This estimate assumes that there are approximately 2.5 million 
          who likely qualify for free and reduced breakfasts (and is 
          similar to the bill's finding of 2.3 million pupils). School 
          Breakfast Program meals cost school districts an average of 
          $2.28 each; many districts subsidize free and reduced-cost 
          breakfast because the combined Federal and state funding are 
          insufficient to cover the costs. 

          Staff notes that new federal School Breakfast Program 
          requirements will go into effect on July 1, 2012. The new rules 
          seek to make breakfasts more nutritious by increasing the 
          availability of fruits, vegetables, whole grains, and fat-free 
          and low-fat milk. Food costs will likely increase from serving 
          more fruits and vegetables (as well as requiring students to 
          take one fruit or vegetable), replacing refined grains with 
          whole grains, and requiring meat and meat alternatives for every 
          breakfast. Labor costs will likely increase from more on-site 
          preparation and less reliance on prepared foods. The USDA 
          estimates that food and labor costs will increase under this 
          rule by $0.068 per lunch and $0.37 per breakfast upon initial 
          implementation. These costs would increase to $0.015 per lunch 
          and $0.52 per breakfast in 2016.