Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2527

Introduced by Assembly Member Nazarian

February 19, 2020

An act to add Article 7.5 (commencing with Section 49495) to Chapter 9 of Part 27 of Division 4 of Title 2 of, and to repeal Section 49497 of, the Education Code, relating to school meals.


LEGISLATIVE COUNSEL'S DIGEST


AB 2527, as amended, Nazarian. Free school breakfast: School breakfast and morning snacks: nonschoolaged children. children and guardians.
Existing law requires a school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to provide a needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, and authorizes a school district or county office of education to use funds available from any federal program, including the federal School Breakfast Program, to comply with that requirement. Existing law generally requires a school district or a county superintendent of schools to provide breakfast and lunch free of charge to all pupils at a very high poverty school, as defined.
This bill would state the intent of the Legislature to enact legislation that would establish a pathway for eligible nonschoolaged children to obtain free school breakfast in order to ensure that nonschoolaged children are not left without a meal. require the State Department of Education to develop and post on its internet website guidance for local educational agencies participating in the federal School Breakfast Program that maintain kindergarten or any of grades 1 to 6, inclusive, on how to serve eligible nonschoolaged children breakfast or a morning snack at a local educational agency schoolsite. The bill would define “eligible nonschoolaged child” to mean a child who is not enrolled in school and who is a sibling, half-sibling, or step-sibling of, or a foster child residing with, a pupil who is eligible for a free or reduced-price breakfast.
The bill would require a guardian of an eligible nonschoolaged child to be present in order for the nonschoolaged child to receive breakfast or a morning snack. The bill would require the department to establish a process for state reimbursement to be provided upon appropriation by the Legislature in the annual Budget Act or another statute to local educational agencies for breakfasts and morning snacks served to guardians of nonschoolaged children receiving breakfast or a morning snack. The bill would require the department to seek a waiver of federal law or regulation if necessary to secure federal reimbursement for breakfasts and morning snacks served to guardians of nonschoolaged children.
The bill would require the department to evaluate the guidance and to submit the evaluation to the Legislature by January 1, 2023. The bill would require a local educational agency that chooses to implement the department’s guidance to submit to the department certain information relating to serving breakfast and morning snacks to nonschoolaged children and guardians.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The federal School Breakfast Program is a federally funded program that assists public schools in providing nutritious breakfasts for free or at a reduced price to pupils enrolled in schools.
(b) The federal Child and Adult Care Food Program provides federal reimbursement to eligible institutions for nutritious meals and snacks served to eligible children and adults.
(c) Many California children do not eat breakfast on a regular basis because their families cannot afford enough food.
(d) Studies have shown that children whose nutritional needs are met throughout the day have fewer discipline problems and their ability to learn is enhanced.
(e) With the knowledge of the harm caused to children when they go hungry, and research showing the negative correlation between brain development and hunger, the state should be optimizing every opportunity to prevent hunger for young children.

SEC. 2.

 Article 7.5 (commencing with Section 49495) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read
Article  7.5. Breakfast and Morning Snacks for Nonschoolaged Children and Guardians

49495.
 (a) The department shall develop guidance for local educational agencies participating in the federal School Breakfast Program that maintain kindergarten or any of grades 1 to 6, inclusive, on how to serve eligible nonschoolaged children breakfast or a morning snack at a local educational agency schoolsite.
(b) The guidance shall highlight opportunities to maximize federal reimbursement through the federal School Breakfast Program and the federal Child and Adult Care Food Program.
(c) A guardian of an eligible nonschoolaged child shall be present at the local educational agency schoolsite in order for the nonschoolaged child to receive breakfast or a morning snack at the schoolsite pursuant to this section.
(d) The department shall develop the guidance in a manner that does not jeopardize federal funding for school meal programs and that maximizes federal meal reimbursement.
(e) The department shall post the guidance on its internet website. The department is not required to mail the guidance to local educational agencies.
(f) This section does not require a local educational agency to take any action.

49496.
 (a) To the extent allowable by federal law and regulations, the department shall establish a process for state reimbursement to be provided upon appropriation by the Legislature in the annual Budget Act or another statute to local educational agencies for breakfasts and morning snacks served to guardians of nonschoolaged children receiving breakfast or a morning snack pursuant to Section 49495.
(b) The department may accept public or private funds in order to supplement state and federal reimbursement for breakfasts and morning snacks served to guardians of nonschoolaged children by local educational agencies.
(c) The department shall seek a waiver of federal law or regulation if necessary to secure federal reimbursement for breakfasts and morning snacks served to guardians of nonschoolaged children by local educational agencies.
(d) This section does not require a local educational agency to take any action.

49497.
 (a) The department shall evaluate the guidance developed and posted pursuant to Section 49495 and the impact of the guidance on local educational agency breakfast programs. The department shall submit the evaluation to the Legislature by January 1, 2023, in compliance with Section 9795 of the Government Code.
(b) A local educational agency that chooses to implement the department’s guidance shall submit to the department the applicable information specified in subdivision (c) and any other relevant information the department requires in a manner determined by the department.
(c) The evaluation shall include, but is not limited to, all of the following:
(1) A copy of the posted guidance.
(2) The number of local educational agencies that started to serve breakfast or morning snacks to eligible nonschoolaged children and guardians.
(3) Local educational agency evaluations of federal meal reimbursement and payments to the local educational agency.
(4) The number of breakfasts and morning snacks provided by each local educational agency.
(5) The total number of eligible nonschoolaged children and guardians that received breakfast or a morning snack.
(6) The total number of families that have been served breakfast or a morning snack by each local educational agency.
(7) Any issues that occurred during implementation of this article that require budget-related or legislative action or oversight.
(d) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.

49498.
 For purposes of this article, the following definitions apply:
(a) “Eligible nonschoolaged child” means a child who is not enrolled in school and who is a sibling, half-sibling, or step-sibling of, or a foster child residing with, a pupil who meets the federal eligibility criteria for a free or reduced-price breakfast at a local educational agency participating in the federal School Breakfast Program that maintains kindergarten or any of grades 1 to 6, inclusive.
(b) “Guardian” means a parent, step-parent, grandparent, or other adult family member or caretaker who is caring for an eligible nonschoolaged child.
(c) “Local educational agency” means a school district, county office of education, or charter school.

SECTION 1.

It is the intent of the Legislature to enact legislation that would establish a pathway for eligible nonschoolaged children to obtain free school breakfast in order to ensure that nonschoolaged children are not left without a meal.