Amended in Senate August 20, 2014

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 begin insert , and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

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

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Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert law provides for a school lunch program under which eligible pupils receive free or reduced-price meals.

This bill would require school districts and county superintendents of schools to consider incorporating into the free or reduced-price meals application packet or notification of eligibility for the free or reduced-price meals program a notification and request for a gluten-free meal if a child qualifies for free or reduced-price school meals and the child has a statement from a licensed physician supporting a need for gluten-free meals, as specified. The bill would require school districts and county superintendents of schools to consider making meal substitutions for begin delete any pupil end delete begin insert a child end insert 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 begin delete pupil end delete begin insert child end insert has provided a written statement to the school signed by a licensed physician identifying the begin delete pupil end delete begin insert child end insert as having one of these conditions. By imposing additional requirements on school districts and county superintendents of schools, the bill would create a state-mandated local program.

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The

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begin insert (2) end insert begin insert   end insert begin insert The end insert 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.

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(3) This bill would declare that it is to take effect immediately as an urgency statute.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . 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) 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 gastrointestinal
cancers.

(c) Gluten intolerance and wheat allergies may include reactions
in the skin, mouth, gastrointestinal 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.

SEC. 2.  

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

49557.25.  

(a) School districts and county superintendents of
schools shall consider incorporating the following information
into the free or reduced-price meals application packet or
notification of eligibility for the free or reduced-price meals
program using simple and culturally appropriate language:

(1) A notification that if a child qualifies for free or
reduced-price school meals and the child has a statement from a
licensed physician supporting a need for 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 a statement from a licensed physician supporting
a need for gluten-free meals.

(b) School districts and county superintendents of schools shall
consider making meal substitutions for begin delete any pupil end delete begin insert a child end insert 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
licensed physician identifying the begin delete pupil end delete begin insert child end insert 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.

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.

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begin insert SEC. 4. end insert   

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to ensure that California public schools comply with
federal regulations to provide gluten-free meal options for pupils
with celiac disease at the earliest possible time, it is necessary that
this act take effect immediately.

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