BILL ANALYSIS �
AB 2287
Page 1
Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 2287 (Pan) - As Amended: April 3, 2014
SUBJECT : Free and reduced-price meals: gluten-free meals.
SUMMARY : Permits, but does not require, a school district or
county superintendent of schools to include, in the free or
reduced price meal application packet or notification of
eligibility for the free and reduced price meal program,
information on the availability of gluten-free meals for
specified students. Specifically, this bill :
1) Makes findings and declaration as follows:
a) Defines and describes celiac disease;
b) Cites a National Institutes of Health (NIH) report
that concludes 1 in 133 people with no genetic risk
factors have celiac disease, up to 1 in 22 people with
genetic risk factors have celiac disease, and even more
common are gluten intolerance and wheat allergy;
c) Restates existing federal regulations that require
substitutions or modifications in school meals for
children whose disabilities restrict their diets; and
d) Declares that gluten-free foods are available at
prices that are comparable to foods made with wheat, rye,
and barley.
2) Permits, but does not require, a school district or
county superintendent of schools to do all of the following
in either the free or reduced price meal application packet
or notification of eligibility for the free and reduced
price meal program:
a) Notify parents/guardians that if his/her child
qualifies for free or reduced price meals and the child
has an individualized education program (IEP) authorizing
gluten-free meals, then the child may request a
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gluten-free meal; and
b) Provide a request for the applicant's consent for
the child to receive a gluten-free meal if eligible for
free or reduced price meals and the child has an IEP
authorizing gluten-free meals.
1) Specifies that if a school district or county
superintendent of schools provides the notifications
pursuant to this section, the notice shall use simple and
culturally appropriate language.
2) Specifies that if a school district or county
superintendent of schools provides the notifications
pursuant to this section, the notice shall, effective
January 1, 2015, comply with the federal Americans with
Disabilities Act of 1990 and any other applicable federal
or state disabled access law.
3) Permits, but does not require, a school district to
include these notifications in the notifications provided
at the beginning of the first semester or quarter of the
regular school term, as required under existing law.
EXISTING LAW
1)Finds that the proper nutrition of children is a matter of
highest state priority and that there is a demonstrated
relationship between the intake of food and good nutrition and
the capacity of children to develop and learn.
2)Requires the governing board of each school district and each
county superintendent of schools to formulate a plan, which
shall be mailed to the California Department of Education
(CDE) for its approval, that will ensure that children
eligible to receive free or reduced priced meals and milk
shall not be treated differently from other children.
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3)Requires School Food Authorities and local educational
agencies (LEAs) of schools participating in the National
School Lunch Program (NSLP), School Breakfast Program (SBP),
or Special Milk Program to take all actions that are necessary
to insure compliance with nondiscrimination practices for
children eligible to receive free and reduced price meals or
free milk:
4)Specifies that, because a hungry child cannot learn, the
Legislature intends, as a state nutrition and health policy
that the SBP be made available in all schools where it is
needed to provide adequate nutrition for children in
attendance. Requires CDE, in cooperation with school
districts and county superintendents of schools, to provide
information and limited financial assistance to encourage
program startup and expansion into all qualified schools.
5)Requires each school district or county superintendent of
schools maintaining any kindergarten or any of grades 1
through 12 to provide for each needy pupil one nutritionally
adequate free or reduced priced meal during each school-day,
except for family day care homes that shall be reimbursed for
75% of the meals served.
6)Defines needy children as those children who meet federal
eligibility criteria for free and reduced price meals, except
for family day care homes which shall be reimbursed for 75% of
the meals.
7)Requires the governing board of a school district and the
county superintendent of schools to make applications for the
NSLP available to students at all times during each regular
school-day and requires the application to contain specified
information.
8)Requires, under federal law, any school district or county
office of education receiving federal funds under the NSLP to
serve special meals, at no extra charge, to a student whose
disability restricts his/her diet and permits the school
district or county office of education to require the student
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to provide medical certification that special meals are needed
because of his/her disability.
FISCAL EFFECT : This measure is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
Free and Reduced Price Meal Program
The free and reduced price meal program operated through the
United States Department of Agriculture includes the NSLP, the
SBP, the Snack Program, Special Milk Program, and the Summer
Food Service Program.
The NSLP is a federally assisted meal program operating in over
100,000 public and nonprofit private schools and residential
child care institutions. It provided nutritionally balanced,
lowcost or free lunches to more than 31 million children each
school day in 2012. In 1998, Congress expanded the NSLP to
include reimbursement for snacks served to children in
afterschool educational and enrichment programs for children
through 18 years of age. The Food and Nutrition Service
administers the program at the federal level. At the State
level, the National School Lunch Program is usually administered
by state education agencies, which operate the program through
agreements with school food authorities. In California, the CDE
administers the program.
Under existing law and at the option of the school district or
county superintendent, the following information may be
incorporated into the National School Lunch Program application
packet or notification of eligibility:
1) A notification that if a child qualifies for free lunches,
then the child may qualify for free or reduced-cost health
coverage.
2) A request for the applicant's consent for the child to
participate in the Medi-Cal program, if eligible for free
school lunches, and to have the information on the school
lunch application shared with the entity designated by the
State Department of Health Care Services to make an
accelerated determination and the local agency that
determines eligibility under the Medi-Cal program and a
notification that the school district will not forward the
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application to this entity without the consent of the
child's parent or guardian.
3) A notification that the school lunch application is
confidential and, with the exception of forwarding the
information for use in health program enrollment upon the
consent of the child's parent or guardian, the school
district will not share the information with any other
governmental agency, including the federal Department of
Homeland Security and the Social Security Administration.
4) A notification that the school lunch application
information will only be used by the entity designated by
the State Department of Health Care Services to make an
accelerated determination and the state and local agencies
that administer the Medi-Cal program for purposes directly
related to the administration of the program and will not
be shared with other government agencies, including the
Department of Homeland Security and the Social Security
Administration for any purpose other than the
administration of the Medi-Cal program.
5) Information regarding the Medi-Cal program, including
available services, program requirements, rights and
responsibilities, and privacy and confidentiality
requirements.
Celiac Disease, Glucose Intolerance, and Wheat Allergies
Gluten is a protein found in wheat, rye, and barley. Celiac
disease is an auto-immune disorder caused by the consumption of
gluten. For those with Celiac disease, exposure to gluten causes
an auto-immune condition where the body attacks 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, osteopenia,
increased risk of developing other auto-immune disorders, and
gastrointestinal cancers. The disease is recognized as a "slow
killer," because symptoms associated with the body's inability
to absorb nutrients become more serious over time. (American
Celiac Disease Alliance, 2014.)
Gluten intolerance and wheat allergies, which are not classified
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as auto-immune disorders, are even more common than celiac
disease. For individuals with food intolerances and allergies,
the body is responding to external stimuli that cause illness,
rather than attacking itself, as is the case with celiac
disease. For those with gluten intolerance and wheat allergies,
exposure to gluten and wheat may cause reactions in the skin,
mouth, gastrointestinal tract, and lungs, and cause rashes,
wheezing, and lip swelling. Immediate intestinal symptoms of
celiac disease, gluten intolerance, and wheat allergy include
diarrhea, abdominal cramping, pain, and distention. (American
Celiac Disease Alliance, 2014.)
According to the author, estimates from the National Institute
of Health establish that celiac disease is widely
under-recognized, affecting as many as 1 in 22 people with
genetic risk factors, and 1 in 133 people with no genetic risk
factors. Gluten intolerance and wheat allergy are even more
common, with wheat allergy being one of the top eight food
allergies in the United States. These numbers indicate that a
large number of children in California's K - 12 public schools
are likely to struggle with the chronic illness caused by Celiac
disease, gluten intolerance, and wheat allergy, whether or not
they have been formally diagnosed with these disorders.
Arguments in Support
According to the author, this simple addition to the changes
already enacted under previous legislation will ensure that all
children have access to gluten-free foods and establish an easy,
low-cost mechanism to ensure that California schools are in
compliance with federal regulations as they relate to students
with celiac disease and wheat allergy.
The federal Healthy, Hunger-Free Kids Act of 2010 requires new
nutritional standards for elementary, middle, and high-school
meals. AB 626 (Skinner), which was signed into law in 2013,
amended California's existing school nutrition standards and
programs to meet the new goals set forth in federal law. These
new federal goals include increased access for students to
nutrition programs (or meals), improved oversight of nutritional
programs, and improved nutritional standards. Although AB 626
implemented important changes in state nutritional programs to
address the federal goal of improved nutritional standards, AB
626 does not address the nutritional needs of students with
Celiac disease, gluten intolerance, or wheat allergy.
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State law currently allows schools to elect to provide
alternative foods for students with immediately life-threatening
food allergies, but does not address the needs of students with
health-threatening allergies or diseases that are
life-threatening in the long-term. In most instances, neither
celiac disease nor gluten intolerance is immediately
life-threatening, despite their potentially life-threatening
long-term impacts and immediate impacts on the health and
wellbeing of those afflicted. To ensure the greatest number of
students receive the nutritious meals they need, committee staff
recommends language that would encourage schools to provide
gluten free meals to students without IEPs as well.
Arguments in Opposition
Celiac disease, gluten intolerance, and wheat allergy are
serious conditions that should not be ignored. However,
existing law and practice already permit and encourage the
actions specified in this bill. Because this bill applies only
to those pupils who have an IEP that recognizes the dietary
condition and that pupil is eligible for the free and reduced
price meal program, this could potentially apply to a small
number of pupils. As such, it may be more effective to inform
these eligible pupils of the availability of this resource
during his or her annual IEP meeting. Such wide-spread
notification may cause confusion among parents and guardians if
their child does not have an IEP in place or does not qualify
for the free and reduced price meal program. Such confusion may
result in a significant increase in the work load for schools
and districts.
There are countless other allergies, intolerances, and dietary
needs that from which students may suffer. This bill may open
the flood gates to legislation requiring or encouraging schools
to provide meals to meet the needs of all of its students,
thereby potentially crippling a food service program.
Previous Legislation
AB 422 (Nazarian) of 2013, adds information regarding health
care coverage available through the California Health Benefit
Exchange, known as Covered California, to notifications that may
be included at the option of the school district or county
superintendent on applications for the School Lunch Program.
AB 626 (Skinner) of 2013, makes numerous changes to school
nutrition standards to conform to the federal Healthy and Hunger
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Free Kids Act.
SCR 7 (Huff) of 2011, proclaims the month of May 2011 as Celiac
Disease Awareness Month to promote statewide awareness of celiac
disease.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087