Amended in Assembly April 22, 2014

Amended in Assembly April 3, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2287

Introduced by Assembly Member Pan

(Coauthor: Assembly Member Skinner)

February 21, 2014

An act to add Section 49557.25 to the Education Code, relating to school nutrition.

LEGISLATIVE COUNSEL’S DIGEST

AB 2287, as amended, Pan. Free and reduced-price meals: gluten-free meals.

Existing law provides for a school lunch program under which eligible pupils receive free or reduced-price meals.

This bill would authorize a school district or county superintendent of schools to incorporate into the free or reduced-priced meals application packet or notification of eligibility for the free or reduced-priced meals program a notification and request for a gluten-free meal if a child qualifies for free or reduced-priced school meals and the child has an individualized education program authorizing gluten-free meals, as specified. begin insert The bill would encourage schools to make meal substitutions for a pupil who does not meet the definition of disability pursuant to federal law but does have celiac disease, a wheat allergy, or a gluten intolerance and the pupil has provided a written statement to the school signed by a recognized medical authority identifying the pupil as having one of these conditions. end insert

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.  

The Legislature finds and declares all of the
following:

(a) Celiac disease, also known as celiac sprue or gluten-sensitive
enteropathy, is a permanent intolerance to the gliadin faction of
wheat protein and related alcohol-soluble prolamines found in rye
and barley, commonly known as gluten.

(b) For people with celiac disease, exposure to gluten causes
an autoimmune condition where the body starts attacking normal
intestinal tissue. In response to eating gluten, the body destroys
the intestinal villi, which are the small, finger-like projections in
the small intestine that absorb nutrients from food. Repeated
exposure to gluten, and resulting intestinal inflammation and
destruction of the villi, leads to malabsorption of food, iron
deficiency anemia, ostopenia, osteoporosis, increased risk of
developing other autoimmune disorders, and gastrointenstinal
cancers.

(c) Gluten intolerance and wheat allergies may include reactions
in the skin, mouth, gastrointenstinal tract, and lungs and cause
rashes, wheezing, lip swelling, gassiness, abdominal pain,
abdominal distention or constipation, and diarrhea.

(d) The National Institutes of Health estimates that 1 in 133
people with no genetic risk factors have celiac disease, while up
to 1 in 22 people with genetic risk factors have celiac disease.
Gluten intolerance and wheat allergy are even more common, with
wheat allergy being one of the top eight food allergies in the United
States.

(e) Federal regulations, Part 15b of Subtitle A of Title 7 of the
Code of Federal Regulations, require substitutions or modifications
in school meals for children whose disabilities restrict their diets.
A child with a disability must be provided substitutions in foods
when that need is supported by a statement signed by a licensed
physician.

(f) Gluten-free foods are available at prices that are comparable
to foods made with wheat, rye, and barley.

SEC. 2.  

Section 49557.25 is added to the Education Code, immediately following Section 49557.2, to read:

49557.25.  

(a) At the option of the school district or county
superintendent of schools, the following information may be
incorporated into the free or reduced-price meals application packet
or notification of eligibility for the free or reduced-priced meals
program using simple and culturally appropriate language:

(1) A notification that if a child qualifies for free or
reduced-priced school meals and the child has an individualized
education program authorizing gluten-free meals, then the child
may request a gluten-free meal.

(2) A request for the applicant’s consent for the child to receive
a gluten-free meal if eligible for free or reduced-price school meals
and the child has an individualized education program authorizing
gluten-free meals.

begin insert

(b) The Legislature encourages schools to make meal
substitutions for a pupil who satisfies all of the following criteria:

end insert begin insert

(1) Does not meet the definition of disability pursuant to federal
law.

end insert begin insert

(2) Has celiac disease, a wheat allergy, or a gluten intolerance.

end insert begin insert

(3) Has provided a written statement to the school signed by a
recognized medical authority identifying the pupil as having one
of the conditions listed in paragraph (2).

end insert begin delete

(b)

end delete

begin insert (c) end insert  Effective January 1, 2015, the notifications referenced in
subdivision (a) shall comply with the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and any
other applicable federal or state disabled access law.

begin delete

(c)

end delete

begin insert (d) end insert  A school district also may include the notifications detailed
in subdivision (a) in the notifications at the beginning of the first
semester or quarter of the regular school term required pursuant
to Section 48980.