Bill Text: CA AB1594 | 2011-2012 | Regular Session | Enrolled

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Bill Title: Charter schools: pupil nutrition.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2012-09-29 - Consideration of Governor's veto pending. [AB1594 Detail]

Download: California-2011-AB1594-Enrolled.html

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BILL NUMBER: AB 1594	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 23, 2012
	PASSED THE ASSEMBLY  AUGUST 28, 2012
	AMENDED IN SENATE  AUGUST 22, 2012
	AMENDED IN ASSEMBLY  MAY 25, 2012
	AMENDED IN ASSEMBLY  APRIL 10, 2012

INTRODUCED BY   Assembly Member Eng
   (Principal coauthor: Assembly Member Alejo)
   (Coauthor: Assembly Member Ammiano)

                        FEBRUARY 6, 2012

   An act to add Section 47610.1 to the Education Code, relating to
charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1594, Eng. Charter schools: pupil nutrition.
   (1) Existing law requires each school district or county
superintendent of schools maintaining any kindergarten or any of
grades 1 to 12, inclusive, to provide for each needy pupil one
nutritionally adequate free or reduced-price meal during each
schoolday and authorizes them to use funds made available through any
federal or state program the purpose of which includes the provision
of meals to a pupil, including the federal School Breakfast Program,
the federal National School Lunch Program, the federal Summer Food
Service Program, the federal Seamless Summer Option, or the state
meal program, or to provide those meals at the expense of the school
district or county office of education.
   Existing law exempts charter schools from the laws governing
school districts except those of the Charter Schools Act, those
establishing minimum age for public school attendance, specified
building code regulations, and other specified laws.
   This bill would require a charter school to provide each needy
pupil with one nutritionally adequate free or reduced-price meal
during each schoolday, thereby imposing a state-mandated local
program. The bill, among other things, would exclude a charter school
that offers only nonclassroom-based instruction or only online
instruction from this requirement.
   (2) 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.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) Many California families struggle to make ends meet; limited
financial resources can make it difficult for families, including
children, to access nutritious food.
   (2) Currently, California charter schools are exempt from the
requirement to provide a low-income pupil a daily nutritionally
adequate, free or reduced-price school meal.
   (3) As the number of charter schools continues to grow across
California, so do the number of low-income charter school pupils who
may not have access to the free or reduced-price meals that they are
eligible for and offered in a traditional public school.
   (4) School meals play an essential role in supporting the academic
achievement and overall well-being of all pupils, particularly
low-income pupils who may not have access to a nutritionally adequate
meal otherwise.
   (b) Because a hungry child cannot learn, the Legislature intends
that all California public schools, including charter schools,
provide for each needy pupil one nutritionally adequate free or
reduced-price meal during each schoolday.
  SEC. 2.  Section 47610.1 is added to the Education Code, to read:
   47610.1.  (a) A charter school shall provide each needy pupil with
one nutritionally adequate free or reduced-price meal, as defined in
subdivision (a) of Section 49553, during each schoolday.
   (b) This section does not apply to a charter school that offers
only nonclassroom-based instruction or only online instruction. This
section does not require a charter school that offers both
classroom-based instruction and nonclassroom-based or online
instruction to provide a meal to pupils enrolled in only
nonclassroom-based instruction or only online instruction.
   (c) A charter school that becomes operational for the first time
on or after July 1, 2014, shall implement this section when the
school begins operation.
   (d) A charter school that during the 2012-13 school year provided
needy pupils with nutritionally adequate free or reduced-price meals
shall implement this section commencing with the 2013-14 school year.

   (e) A charter school that during the 2012-13 school year did not
provide needy pupils with nutritionally adequate free or
reduced-price meals shall implement this section commencing with the
school year that follows the next scheduled charter renewal.
  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.