Bill Text: CA AB2287 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Free and reduced-price meals: gluten-free meals.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2014-08-20 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. [AB2287 Detail]

Download: California-2013-AB2287-Amended.html

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BILL NUMBER: AB 2287	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 19, 2014
	AMENDED IN ASSEMBLY  APRIL 22, 2014
	AMENDED IN ASSEMBLY  APRIL 3, 2014

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   require
school districts and county superintendents of schools to consider
incorporating  into the free or  reduced-priced
  reduced-price  meals application packet or
notification of eligibility for the free or  reduced-priced
  reduced-price  meals program a notification and
request for a gluten-free meal if a child qualifies for free or
 reduced-priced   reduced-price  school
meals and the child has  an individualized education program
authorizing   a statement from a licensed physician
supporting a need for  gluten-free meals, as specified. The bill
would  encourage schools   require school
districts and county superintendents of schools  to 
make   consider making  meal substitutions for
 a   any  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   licensed physician 
identifying the pupil 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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  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  gastrointenstinal
  gastrointestinal  cancers.
   (c) Gluten intolerance and wheat allergies may include reactions
in the skin, mouth,  gastrointenstinal  
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. 
   (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
  School districts and  county 
superintendent of schools,   superintendents of schools
shall consider incorporating  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   reduced-price  meals
program using simple and culturally appropriate language:
   (1) A notification that if a child qualifies for free or 
reduced-priced   reduced-price  school meals and
the child has  an individualized education program
authorizing   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  an individualized education program
authorizing   a statement from a licensed physician
supporting a   need for  gluten-free meals.
   (b)  The Legislature encourages schools to make 
 School   districts and county superintendents of
schools shall consider making  meal substitutions for  a
  any  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
 recognized medical authority   licensed
physician  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.
   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.