BILL NUMBER: AB 1781	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 21, 2012

   An act to amend Section 49557 of the Education Code, relating to
school meals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1781, as introduced, Brownley. School meals: free or
reduced-priced meals.
   Existing law requires each school district and county
superintendent of schools maintaining kindergarten or any of grades 1
to 12, inclusive, to provide for each needy pupil one nutritionally
adequate, free or reduced-price meal during each schoolday. Existing
law requires the governing board of each school district and county
superintendent to formulate a plan that, among other things, will
ensure that children eligible to receive free or reduced priced meals
and milk shall not be treated differently than other children.
   This bill would require the governing board of each school
district and county superintendent of schools to include, as part of
that plan, a provision to ensure that during meal times, children
shall be able to receive a free or reduced-price meal at any serving
line that the school food services program operates, manages, or from
which the school food services program receives revenue. By imposing
this additional duty on school districts, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  The Legislature finds and declares all of the
following:

   (a) In the State of California, one in nine children and one in
three teens are overweight or obese.
   (b) Obesity costs California an estimated $41 billion a year in
medical costs and lost productivity.
   (c) Healthy eating plays an important role in learning and
cognitive development. Children who do not get adequate nutrients
have lower academic test scores.
   (d) Because children spend approximately one-third of their day at
school, schools play an important role in children's ability to
acquire adequate nutrients.
   (e) California requires that a free or reduced-price nutritious
meal be available for low-income pupils enrolled in public K-12
schools.
   (f) Pupils who do not participate in the meal program are missing
out on the health and nutrition benefits of the complete, balanced
school meal.
   (g) To decrease stigmatization of low-income pupils in the
cafeteria, support participation in the meal program, increase
revenue from federal reimbursements, and bring the benefits of school
meals to more pupils, at least one reimbursable meal option must be
made available at all service lines and points of sale during the
operation of federal meal programs at K-12 public schools.
  SEC. 2.  Section 49557 of the Education Code is amended to read:
   49557.  (a)  (1)    The governing board of a
school district and the county superintendent of schools shall make
applications for free or  reduced price  
reduced-price  meals available to students at all times during
each regular schoolday. The application shall contain, in at least
8-point boldface type, each of the following statements: 
   (1) 
    (A)  Applications for free and  reduced price
  reduced-price  meals may be submitted at any time
during a schoolday. 
   (2) 
    (B)  Children participating in the National School Lunch
Program will not be overtly identified by the use of special tokens,
special tickets, special serving lines, separate entrances, separate
dining areas, or by any other means. 
    A 
    (2)     A  school district and the
county superintendent of schools shall use all other applications it
has for free or  reduced price   reduced-price
 meals before utilizing the applications pursuant to this
subdivision.
   (b) The governing board of each school district and each county
superintendent of schools shall formulate a plan, which shall be
mailed to the State Department of Education for its approval, that
will ensure that children eligible to receive free or 
reduced priced   reduced-price  meals and milk
shall not be treated differently from other children. These plans
shall ensure each of the following:
   (1) Unless otherwise specified, the names of the children shall
not be published, posted, or announced in any manner, or used for any
other purpose other than the National School Lunch Program.
   (2) There shall be no overt identification of any of the children
by the use of special tokens or tickets or by any other means.
   (3) The children shall not be required to work for their meals or
milk.
   (4) The children shall not be required to use a separate dining
area, go through a separate serving line, enter the dining area
through a separate entrance, or consume their meals or milk at a
different time. 
   (5) During meal times, the children shall be able to receive a
free or reduced-price meal at any serving line that the school food
services program operates, manages, or from which the school food
services program receives revenue. 
   (c) When more than one lunch or breakfast or type of milk is
offered pursuant to this article, the children shall have the same
choice of meals or milk that is available to those children who pay
the full price for their meal or milk.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.