Amended in Senate June 19, 2014

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 begin delete authorize a school district or county superintendent of schools to incorporate end delete begin insert require school districts and county superintendents of schools to consider incorporating end insert into the free or begin delete reduced-priced end delete begin insert reduced-price end insert meals application packet or notification of eligibility for the free or begin delete reduced-priced end delete begin insert reduced-price end insert meals program a notification and request for a gluten-free meal if a child qualifies for free or begin delete reduced-priced end delete begin insert reduced-price end insert school meals and the child has begin delete an individualized education program authorizing end delete begin insert a statement from a licensed physician supporting a need for end insert gluten-free meals, as specified. The bill would begin delete encourage schools end delete begin insert require school districts and county superintendents of schools end insert to begin delete make end delete begin insert consider making end insert meal substitutions for begin delete a end delete begin insert any end insert 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 begin delete recognized medical authority end delete begin insert licensed physician end insert identifying the pupil as having one of these conditions. begin insert By imposing additional requirements on school districts and county superintendents of schools, the bill would create a state-mandated local program. end insert

begin insert

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.

end insert begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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 begin delete gastrointenstinal end delete
begin insert gastrointestinal end insert cancers.

(c) Gluten intolerance and wheat allergies may include reactions
in the skin, mouth, begin delete gastrointenstinal end delete begin insert gastrointestinal end insert 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.

begin delete

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

end delete

SEC. 2.  

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

49557.25.  

(a)  begin delete At the option of the school district or end delete begin insert School
districts and end insert county begin delete superintendent of schools, end delete begin insert superintendents of
schools shall consider incorporating end insert the following information
begin delete may be incorporated end delete into the free or reduced-price meals
application packet or notification of eligibility for the free or
begin delete reduced-priced end delete begin insert reduced-price end insert meals program using simple and
culturally appropriate language:

(1) A notification that if a child qualifies for free or
begin delete reduced-priced end delete begin insert reduced-price end insert school meals and the child has begin delete an
individualized education program authorizing end delete begin insert a statement from a
licensed physician supporting a need for end insert 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 begin delete an individualized education program authorizing end delete
begin insert a statement from a licensed physician supporting a end insert begin insert need for end insert
gluten-free meals.

(b)  begin delete The Legislature encourages schools to make end delete begin insert School districts
and county superintendents of schools shall consider making end insert meal
substitutions for begin delete a end delete begin insert any end insert pupil who satisfies all of the following
criteria:

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

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

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

(c) 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.

(d) 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.

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begin insert SEC. 3. end insert   

end insert begin insert

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.

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