BILL NUMBER: AB 2621	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 16, 2012
	AMENDED IN ASSEMBLY  MAY 2, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Hueso

                        FEBRUARY 24, 2012

   An act to add Section 38092.5 to the Education Code, relating to
education finance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2621, as amended, Hueso. Education finance: school cafeterias:
cafeteria fund  : Grossmont Union High School District:
Sweetwater Union High School District  .
   Existing law authorizes the governing board of any school district
to establish cafeterias in the schools under its jurisdiction, and
authorizes the money received for the sale of food or for any
services performed by the cafeterias to be paid into the county
treasury to the credit of the "cafeteria fund" of the particular
school district. Existing law requires the cafeteria fund to be used
only for those expenditures authorized by the governing board of the
school district as necessary for the operation of school cafeterias,
including, but not limited to, expenditures for the lease or purchase
of additional cafeteria equipment for the central food processing
plant, vending machines and their installation and housing, and
computer equipment and related software.
   Existing law authorizes the governing board of any school district
with an average daily attendance of over 100,000 to allow as an
expenditure from the cafeteria fund or account a share of money
agreed upon pursuant to a contract, which is generated from the joint
sale of items between the cafeteria and an associated student body
student store.
   Existing law authorizes the governing board of any school district
to establish an account for each cafeteria established in a school
of the school district, or for all cafeterias established in the
schools of the school district, in one or more banks, and requires
all receipts of the cafeteria, or cafeterias, as the case may be,
derived from the sale of food to be deposited in the account and only
expended for specified purposes.
   This bill, notwithstanding the  provisions  
provision  referenced above  relating to school districts
with an average daily attendance of over 100,000  , would
authorize the Grossmont Union High School District and the Sweetwater
Union High School District to allow as an expenditure from their
respective cafeteria funds or accounts a portion of any funds that
accrue from the joint sale of items involving a school cafeteria and
an associated student body student store  that is 
 as  determined pursuant to an agreement entered into
between the school cafeteria and the associated student body
organization of that school. The bill would require this agreement to
meet specified requirements.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Grossmont Union High
School District and the Sweetwater Union High 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 38092.5 is added to the Education Code, to
read:
   38092.5.  Notwithstanding Section 38092  or any other
  and to the extent permitted by federal  law:
   (a) The Grossmont Union High School District and the Sweetwater
Union High School District may allow as an expenditure from their
respective cafeteria funds or accounts a portion of any funds that
accrue from the joint sale of items involving a school cafeteria and
an associated student body student store  that is 
 as  determined pursuant to an agreement entered into
between the school cafeteria and the associated student body
organization of that school.
   (b) The agreement referenced in subdivision (a) shall meet all of
the following requirements:
   (1) The term of the agreement shall be for a period not to exceed
five years.
   (2) The agreement shall be effective only if the school district
has obtained the prior written approval of the agreement from the
exclusive employee representative of the classified employees  of
that school district who are  in food service or cafeteria
positions.
   (3) The participation of pupils, either as employees or volunteers
under the agreement, shall not result in the displacement of any
classified employees, in a failure to fill new classified positions,
or in a failure to fill vacancies that may occur in existing
classified positions. As used in this paragraph, "displacement"
includes, but is not necessarily limited to, layoff, demotion,
reduction in work hours or work year, or transfer to another
classification or site.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique administrative circumstances of the Grossmont
Union High School District and the Sweetwater Union High School
District.