BILL NUMBER: AB 2555	CHAPTERED
	BILL TEXT

	CHAPTER  391
	FILED WITH SECRETARY OF STATE  SEPTEMBER 19, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 19, 2012
	PASSED THE SENATE  AUGUST 20, 2012
	PASSED THE ASSEMBLY  APRIL 30, 2012

INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 24, 2012

   An act to amend Section 49548 of the Education Code, relating to
pupil nutrition.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2555, Carter. Free or reduced-price meals: summer school
session: waivers.
   Existing law requires each school district or county
superintendent of schools maintaining any 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, except as specified. Existing law requires the State Board
of Education to grant a one-year waiver from that requirement during
a summer school session if specified conditions exist. Existing law
requires an application for a waiver to be submitted no later than 30
days prior to the last regular meeting of the state board before the
commencement of the summer school session for which the waiver is
sought.
   This bill would change the waiver submission deadline to no later
than 60 days before the last regular meeting of the state board
before the commencement of the summer school session.


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

  SECTION 1.  Section 49548 of the Education Code is amended to read:

   49548.  (a) The state board, in order to effect compliance with
legislative findings expressed in Section 49547, shall restrict the
criteria for the issuance of waivers from the requirements of Section
49550 to feed children during a summer school session. A waiver
shall be granted for a period not to exceed one year if either of the
following conditions exists:
   (1) (A) A summer school session serving pupils enrolled in
elementary school, as defined in clause (iii), shall be granted a
waiver if a Summer Food Service Program for Children site is
available within one-half mile of the schoolsite and either of the
following conditions exists:
   (i) The hours of operation of the Summer Food Service Program for
Children site commence no later than one-half hour after the
completion of the summer school session day.
   (ii) The hours of operation of the Summer Food Service Program for
Children site conclude no earlier than one hour after the completion
of the summer school session day.
   (iii) For purposes of this subdivision, "elementary school" means
a public school that maintains kindergarten or any of grades 1 to 8,
inclusive.
   (B) A summer school session serving pupils enrolled in middle
school, junior high school, or high school shall be granted a waiver
if a Summer Food Service Program for Children site is available
within one mile of the schoolsite and either of the following
conditions exists:
   (i) The hours of operation of the Summer Food Service Program for
Children site commence no later than one-half hour after the
completion of the summer school session day.
   (ii) The hours of operation of the Summer Food Service Program for
Children site conclude no earlier than one hour after the completion
of the summer school session day.
   (2) (A) Serving meals during the summer school session would
result in a financial loss to the school district, documented in a
financial analysis performed by the school district, in an amount
equal to one-third of net cash resources, as defined in Section 210.2
of Part 210 of Title 7 of the Code of Federal Regulations, which,
for the purposes of this article, shall exclude funds that are
encumbered. If there are no net cash resources, an amount equal to
the operating costs of one month as averaged over the summer school
sessions.
   (B) The financial analysis required by subparagraph (A) shall
include a projection of future meal program participation based on
either of the following:
   (i) Commencement of a meal service period after the commencement
of the summer school session day and conclusion of a meal service
period before the completion of the summer school session day.
   (ii) Operation of a schoolsite as an open Summer Seamless Option
or a Summer Food Service Program for Children site, and providing
adequate notification thereof, including flyers and banners, in order
to fulfill community needs under the Summer Food Service Program for
Children (7 C.F.R. 225.14(d)(3)).
   (3) The entire summer school day is two hours or less in duration.

   (b) The state board and the Superintendent shall provide
leadership to encourage and support schools and public agencies to
participate in the Summer Food Service Program for Children,
consistent with the intent of Section 49504.
   (c) An application for a waiver shall be submitted no later than
60 days before the last regular meeting of the state board before the
commencement of the summer school session for which the waiver is
sought.