49550. (a) Notwithstanding any other provision of law, each school
district or county superintendent of schools maintaining any
kindergarten or any of grades 1 to 12, inclusive, shall provide for
each needy pupil one nutritionally adequate free or reduced-price
meal during each schoolday, except for family day care homes that
shall be reimbursed for 75 percent of the meals served.
(b) In order to comply with subdivision (a), a school district or
county office of education may 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 may do so at the expense of the school district or
county office of education.
49550.2. (a) The department shall conduct a study on or before
March 31, 2007, on all of the following:
(1) The number of schools that meet the qualifications for the
federal severe need reimbursement, pursuant to subsection (d) of
Section 1773 of Title 42 of the United States Code, that do not offer
school breakfast.
(2) The costs associated with requiring schools described in
paragraph (1) to offer breakfast.
(3) The feasibility of requiring the schools described in
paragraph (1) to offer breakfast.
(4) The changes that would need to be made to existing law, if
any, to implement a program to require schools described in paragraph
(1) to offer breakfast.
(b) The department shall report the results of the study required
pursuant to subdivision (a) to the Legislature on or before April 30,
2007.
(c) The department, at the discretion of the Superintendent, may
contract for services required to complete the study required
pursuant to subdivision (a).
(d) Notwithstanding any other provision of law, for purposes of
any contracts authorized pursuant to this section, the department is
exempt from the requirements of Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code and
Part 2 (commencing with Section 10100) of Division 2 of the Public
Contract Code.
49550.3. (a) Because a hungry child cannot learn, the Legislature
intends, as a state nutrition and health policy, that the School
Breakfast Program be made available in all schools where it is needed
to provide adequate nutrition for children in attendance.
(b) The State Department of Education shall, in cooperation with
school districts and county superintendents of schools, provide
information and limited financial assistance to encourage program
startup and expansion into all qualified schools, as follows:
(1) Provide information to school districts and county
superintendents of schools concerning the benefits and availability
of the School Breakfast Program.
(2) Each year, provide additional information and financial
assistance to schools in the state, selected on the following
criteria:
(A) Twenty percent or more of the school enrollment consists of
children who have applied and qualify for free and reduced-price
meals.
(B) The school has not been awarded federal startup funds to
initiate a school breakfast program or a summer food service program.
(c) The department shall award grants of up to fifteen thousand
dollars ($15,000) per schoolsite on a competitive basis to school
districts, county superintendents of schools, or entities approved by
the State Department of Education, limited to an amount subject to
budget appropriations each fiscal year, for nonrecurring expenses
incurred in initiating or expanding a school breakfast program under
this section or a summer food service program pursuant to Article
10.7 (commencing with Section 49547).
(d) Grants awarded under this section shall be used for
nonrecurring costs of initiating or expanding a school breakfast
program or a summer food service program, including the acquisition
of equipment, training of staff in new capacities, outreach efforts
to publicize new or expanded school breakfast programs or summer food
service programs, minor alterations to accommodate new equipment,
computer point-of-service systems for food service, and the purchase
of vehicles for transporting food to schools. Funds may not be used
for salaries and benefits of staff, food, computers, except computer
point-of-service systems, or capital outlay.
(e) In making grant awards under this section in any fiscal year,
the department shall give a preference to school districts and county
superintendents of schools that do all of the following:
(1) Submit to the department a plan to start or expand school
breakfast programs or summer food service programs in the district or
the county, including a description of the following:
(A) The manner in which the district or county will provide
technical assistance and funding to schoolsites to expand those
programs.
(B) Detailed information on the nonrecurring expenses needed to
initiate a program.
(C) Public or private resources that have been assembled to carry
out expansion of these programs during that year.
(2) Agree to operate the breakfast program or the summer food
service program for a period of not less than three years.
(3) Assure that the expenditure of funds from state and local
resources for the maintenance of the breakfast program or the summer
food service program shall not be diminished as a result of grant
awards received under this section.
49551. The State Board of Education shall adopt regulations
prescribing standards and guidelines for carrying out the purposes of
this article.
49552. For the purposes of this article, needy children shall be
defined as those children who meet federal eligibility criteria for
free and reduced price meals as defined in Section 49531, except for
family day care homes which shall be reimbursed for 75 percent of the
meals.
The amendments to this section enacted by the Legislature in the
1982 portion of the 1981-82 Regular Session of the Legislature shall
apply retroactively to July 1, 1981, to the extent that they may
legally do so.
49553. (a) A nutritionally adequate meal, for the purposes of this
article, is a breakfast or lunch as defined in Section 49531 that
qualifies for reimbursement under the federal child nutrition program
regulations.
(b) (1) (A) For the purposes of special school nutrition
supplements provided to pregnant or lactating pupils under Section
49559, protein and grain meal components for any given day shall,
together, offer a total of five ounces of protein, one ounce of which
shall be cheese or eight ounces of milk and three servings from the
grain group, preferably whole and nutritious grains. This may be
accomplished by adding one ounce of protein and one serving from the
grain group at breakfast or serving these as a snack, and by adding
one or two ounces of protein, one ounce of which shall be cheese or
eight ounces of milk, to lunch, or by offering a morning supplement
consisting of two or three ounces of protein, one ounce of which must
be cheese, or eight ounces of milk, and one or two servings from the
grain group.
(B) Meal components where only breakfast is served shall be
increased to a total including one ounce of protein and two servings
from the grain group, preferably whole and nutritious grains.
(C) Where both breakfast and lunch are provided, they shall,
together, provide a total of five ounces of protein foods, one ounce
of which shall be cheese, three servings from the grain group,
preferably whole and nutritious grains, one and one-fourth cups from
the fruit and vegetable group, and one pint from the milk group.
(2) The following options shall be allowed:
(A) One cup of fruit in place of one serving of the grain group,
once a week.
(B) One cup of yogurt, made with pasteurized milk, in place of
eight ounces of milk or one ounce of cheese, up to two times per
week.
49554. Any school district or county superintendent of schools
which has had no food service employees since July 1, 1977, or has
inadequate or no food preparation facilities as determined by the
State Department of Education, and is, therefore, unable to provide a
nutritionally adequate breakfast or lunch, or both, may contract for
the preparation, delivery, and service of those meals. Any contract
for the preparation, delivery, and service of meals shall not be
deemed to establish food service positions for the purposes of
Section 39902.
Prior to contracting for preparation, delivery, and service of
such meals, a school district shall certify to the State Department
of Education that no school district in the county nor the county
superintendent of schools has the facilities and is willing to
furnish those services.
49556. The Superintendent of Public Instruction shall supervise the
implementation of this article and shall investigate acts of alleged
noncompliance. In the event the Superintendent of Public Instruction
finds that a school district or county superintendent of schools has
failed to comply with the provisions of this article, the
Superintendent of Public Instruction shall certify such noncompliance
to the Attorney General. The Attorney General shall conduct such
investigations as may be necessary to document the noncompliance. The
Attorney General shall seek injunctive relief to secure compliance
with this article, when such action is requested by the
Superintendent of Public Instruction.
49557. (a) The governing board of a school district and the county
superintendent of schools shall make applications for free or reduced
price meals available to students at all times during each regular
schoolday. The application shall contain, in at least 8-point
boldface type, each of the following statements:
(1) Applications for free and reduced price meals may be submitted
at any time during a schoolday.
(2) Children participating in the National School Lunch Program
will not be overtly identified by the use of special tokens, special
tickets, special serving lines, separate entrances, separate dining
areas, or by any other means.
A school district and the county superintendent of schools shall
use all other applications it has for free or reduced price meals
before utilizing the applications pursuant to this subdivision.
(b) The governing board of each school district and each county
superintendent of schools shall formulate a plan, which shall be
mailed to the State Department of Education 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.
These plans shall ensure each of the following:
(1) Unless otherwise specified, the names of the children shall
not be published, posted, or announced in any manner, or used for any
other purpose other than the National School Lunch Program.
(2) There shall be no overt identification of any of the children
by the use of special tokens or tickets or by any other means.
(3) The children shall not be required to work for their meals or
milk.
(4) The children shall not be required to use a separate dining
area, go through a separate serving line, enter the dining area
through a separate entrance, or consume their meals or milk at a
different time.
(c) When more than one lunch or breakfast or type of milk is
offered pursuant to this article, the children shall have the same
choice of meals or milk that is available to those children who pay
the full price for their meal or milk.
49557.1. In making available to pupils the application for
participation in the free or reduced-price meal program provided for
under subdivision (a) of Section 49557, each school district and
county superintendent of schools is encouraged to include information
that parents may use to request information concerning the Medi-Cal
program administered pursuant to Chapter 7 (commencing with Section
14000) of Part 3 of Division 9 of the Welfare and Institutions Code,
and the Healthy Families Program, administered pursuant to Part 6.2
(commencing with Section 12693) of Division 2 of the Insurance Code.
School districts and county superintendents of schools are encouraged
to perform this task in the most cost-beneficial manner.
49557.2. (a) (1) At the option of the school district or county
superintendent, and to the extent necessary to implement Section
14005.41 of the Welfare and Institutions Code, the following
information may be incorporated into the School Lunch Program
application packet or notification of eligibility for the School
Lunch Program using simple and culturally appropriate language:
(A) A notification that if a child qualifies for free school
lunches, then the child may qualify for free or reduced-cost health
coverage.
(B) 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
Services to make an accelerated determination and the local agency
that determines eligibility under the Medi-Cal program.
(C) A notification that the school district will not forward the
school lunch application to the entity designated by the State
Department of Health Services to make an accelerated determination
and the local agency that determines eligibility under the Medi-Cal
program, without the consent of the child's parent or guardian.
(D) 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.
(E) A notification that the school lunch application information
will only be used by the entity designated by the State Department of
Health 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.
(F) Information regarding the Medi-Cal program, including
available services, program requirements, rights and
responsibilities, and privacy and confidentiality requirements.
(2) The State Department of Education, in consultation with school
districts, county superintendents of schools, consumer advocates,
counties, the State Department of Health Services, and other
stakeholders, shall make recommendations regarding the School Lunch
Program application, on or before February 1, 2003. The
recommendations shall include specific changes to the School Lunch
Program application materials as necessary to implement Section
14005.41 of the Welfare and Institutions Code, information for staff
as to how to implement the changes, and a description of the process
by which information on the School Lunch Program application will be
shared with the county, as the local agency that determines
eligibility under the Medi-Cal program.
(3) At the option of the school, the request for consent in
subparagraph (B) of paragraph (1) may be modified so that the parent
or guardian can also consent to allowing Medi-Cal to inform the
school as provided in subdivision (n) of Section 14005.41 of the
Welfare and Institutions Code when followup is needed in order to
complete the Medi-Cal application process.
(b) (1) School districts and county superintendents of schools may
implement a process to share information provided on the School
Lunch Program application with the entity designated by the State
Department of Health Services to make an accelerated determination
and with the local agency that determines eligibility under the
Medi-Cal program, and shall share this information with those
entities, if the applicant consents to that sharing of information.
Schools may designate, only as necessary to implement this section,
non-food service staff to assist in the administration of free,
reduced price, or paid school lunch applications that have applicant
consent, but only if that designation does not displace or have an
adverse effect on food service staff. This information may be shared
electronically, physically, or through whatever method is determined
appropriate.
(2) If a school is aware that a child, who has been found eligible
for free school lunches under the National School Lunch Program, and
for whom the parent or guardian has consented to share the
information provided on the application, already has an active
Medi-Cal or Healthy Families case, the application shall not be
processed for an accelerated determination but shall be forwarded to
the local agency that determines eligibility under the Medi-Cal
program pursuant to Section 14005.41 of the Welfare and Institutions
Code. The school shall notify the parent or guardian of the child's
ineligibility for accelerated Medi-Cal due to the current eligibility
status and that the child's application will be forwarded to the
county pursuant to this section. The notice shall include a
statement, with contact information, advising the parent or guardian
to contact the Medi-Cal or Healthy Families programs regarding the
child's eligibility status.
(3) Each school district or county superintendent that chooses to
share information pursuant to this subdivision shall enter into a
memorandum of understanding with the local agency that determines
eligibility under the Medi-Cal program, that sets forth the roles and
responsibilities of each agency and the process to be used in
sharing the information.
(4) The local agency that determines eligibility under the
Medi-Cal program shall only use information provided by applicants on
the school lunch application for purposes directly related to the
administration of the Medi-Cal program.
(5) After school districts share information regarding the school
lunch application with the entity designated by the State Department
of Health Services to make an accelerated determination and the local
agency that determines eligibility under the Medi-Cal program, for
the purpose of determining Medi-Cal program eligibility, the local
agency and the school district shall not share information about
school lunch participation or the Medi-Cal program eligibility
information with each other except as specifically authorized under
subdivision (n) of Section 14005.41 of the Welfare and Institutions
Code and other provisions of law.
(c) Effective July 1, 2005, the notifications and consent
referenced in subdivision (a) and the procedures set out in
subdivision (b) shall include the Healthy Families Program and any
relevant county- and local-sponsored health insurance programs as
necessary to implement Section 14005.41 of the Welfare and
Institutions Code.
(d) If a school district finds that the child is eligible for
reduced price or paid meals under the National School Lunch Program
and consent was provided as described in subdivision (b), the entity
designated by the State Department of Health Services to make an
accelerated determination shall notify the parent or guardian of the
child's ineligibility for an accelerated Medi-Cal determination
pursuant to Section 14005.41 of the Welfare and Institutions Code.
The notification shall include information on other available health
programs for which the child may be eligible.
49558. (a) All applications and records concerning any individual
made or kept by any public officer or agency in connection with the
administration of any provision of this code relating to free or
reduced-price meal eligibility shall be confidential, and may not be
open to examination for any purpose not directly connected with the
administration of any free or reduced-price meal program, or any
investigation, prosecution, or criminal or civil proceeding conducted
in connection with the administration of any free or reduced-price
meal program.
(b) Notwithstanding subdivision (a), a public officer or agency
may allow the use by school district employees, who are authorized by
the governing board of the school district, of individual records
pertaining to pupil participation in any free or reduced-price meal
program solely for the purpose of disaggregation of academic
achievement data or to identify pupils eligible for public school
choice and supplemental educational services pursuant to the federal
No Child Left Behind Act of 2001 (P.L. 107-110), if the public agency
ensures the following:
(1) The public agency has adopted a policy that allows for the use
of individual records for these purposes.
(2) No individual indicators of participation in any free or
reduced-price meal program are maintained in the permanent record of
any pupil, unless otherwise allowed by law.
(3) No public release of information regarding individual pupil
participation in any free or reduced-price meal program is permitted.
(4) All other confidentiality provisions required by law are met.
(5) The information collected regarding individual pupils
certified to participate in the free or reduced-price meal program is
destroyed when it is no longer needed for its intended purpose.
(c) Notwithstanding subdivision (a), the school districts and
county superintendents of schools may release information on the
School Lunch Program application only to the local agency that
determines eligibility under the Medi-Cal program, if the child is
approved for free meals and if the applicant consents to the sharing
of information pursuant to Section 49557.2.
49559. (a) Any school food authority that participates in a federal
child nutrition program and is reimbursed pursuant to subdivision
(b) of Section 41350 for meals served pursuant to this article may be
reimbursed at the current rate as determined by the State Department
of Education, pursuant to subdivision (d). If the sum appropriated
for purposes of this section is not sufficient to make the allowances
specified by this section, the allowances shall be reduced
proportionately. This rate shall be in addition to the reimbursement
currently provided under Section 49536. The additional funds shall be
used exclusively to supplement the meals served pursuant to Section
49550.
(b) Pregnant or lactating students shall qualify for nutrition
program supplements under this section upon the submission of medical
verification of pregnancy or lactating status. Those students shall
qualify for nutrition program supplements under this section through
the end of the school year during which they conclude their pregnancy
or discontinue lactating. All statements shall be strictly
confidential, in accordance with Section 49558.
(c) The State Department of Education shall make allowances to
school food authorities from the General Fund on at least a quarterly
basis. Program providers shall submit claims to the department
within 10 calendar days of the end of each quarter. Within 45
calendar days of submission of a valid claim, the State Department of
Education shall tender reimbursement.
(d) The State Department of Education shall, prior to July 1 of
each year, prescribe an adjustment in the state meal contribution
rates for the next fiscal year. The adjustments shall reflect the
changes in the cost of operating a school breakfast, snack, morning
supplement, and lunch program and shall be effective July 1 of each
year. The adjustment shall be based on the average of the separate
indices of the "Food Away From Home Index" for Los Angeles and San
Francisco, as prepared by the United States Bureau of Labor
Statistics.
In giving effect to the cost-of-living provisions of this
subdivision, the State Department of Education shall prescribe a
calendar month for the computation of the percentage change in the
cost of living after July 1, 1985. The same month shall be used
annually thereafter. The product of any percentage increase or
decrease in the average index and the per meal reimbursement
disbursement rate shall be adjusted by the amount of any
cost-of-living change currently in effect pursuant to this
subdivision. For the purposes of this subdivision, state
reimbursement shall be made for the breakfast or lunch which
qualifies for reimbursement pursuant to the nutritional requirements
of Section 49553.
49559. (a) Any school food authority that participates in a federal
child nutrition program and is reimbursed pursuant to subdivision
(b) of Section 41350 for meals served pursuant to this article may be
reimbursed at the current rate as determined by the State Department
of Education, pursuant to subdivision (d). If the sum appropriated
for purposes of this section is not sufficient to make the allowances
specified by this section, the allowances shall be reduced
proportionately. This rate shall be in addition to the reimbursement
currently provided under Section 49536. The additional funds shall be
used exclusively to supplement the meals served pursuant to Section
49550.
(b) The State Department of Education shall make allowances to
school food authorities from the General Fund on at least a quarterly
basis. Program providers shall submit claims to the department
within 10 calendar days of the end of each quarter. Within 45
calendar days of submission of a valid claim, the State Department of
Education shall tender reimbursement.
(c) (1) The State Department of Education shall, upon enactment of
the annual Budget Act, prescribe an adjustment in the state meal
contribution rates for the next fiscal year. The adjustments shall
reflect the changes in the cost of operating a school breakfast,
snack, morning supplement, and lunch program and shall be effective
July 1 of each year. The adjustment shall be based on the average of
the separate indices of the "Food Away From Home Index" for Los
Angeles and San Francisco, as prepared by the United States Bureau of
Labor Statistics.
(2) In giving effect to the cost-of-living provisions of this
subdivision, the State Department of Education shall prescribe a
calendar month for the computation of the percentage change in the
cost of living after July 1, 1985. The same month shall be used
annually thereafter. The product of any percentage increase or
decrease in the average index and the per meal reimbursement
disbursement rate shall be adjusted by the amount of any
cost-of-living change currently in effect pursuant to this
subdivision. For the purposes of this subdivision, state
reimbursement shall be made for the breakfast or lunch which
qualifies for reimbursement pursuant to the nutritional requirements
of Section 49553.
49560. The child nutrition programs operated pursuant to Section
49559 shall maintain a data base as specified by the Superintendent
of Public Instruction for purposes of program evaluation. From the
funds appropriated in Section 4 of this act, an amount not to exceed
5 percent may be used for administrative expenses incurred by the
State Department of Education, including administrative costs
incurred in the collection of the data.
49561. (a) The department shall create a computerized data-matching
system using existing databases from the department and the State
Department of Health Care Services to directly certify recipients of
the Food Stamp Program, the California Work Opportunity and
Responsibility to Kids program (the CalWORKs program) (Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code), and other programs authorized for
direct certification under federal law, for enrollment in the
National School Lunch and School Breakfast Programs.
(b) The department shall design a process using an existing agency
database that will conform with data from the State Department of
Health Care Services to meet the direct certification requirements of
the National School Lunch Act, as amended, pursuant to Chapter 13
(commencing with Section 1751) of Title 42 of the United States Code,
and the federal Child Nutrition Act of 1966, as amended, pursuant to
Chapter 13A (commencing with Section 1771) of Title 42 of the United
States Code.
(c) The department shall design a process using computerized data
pursuant to subdivision (a) that will maximize enrollment in school
meal programs and improve program integrity while ensuring that pupil
privacy safeguards remain in place. The State Department of Health
Care Services shall conduct the data match of local school records
and return a list to the department, including only the data fields
submitted by the department and an indicator of program eligibility,
as required by federal law.
(d) (1) Each state agency identified in subdivision (a) is
responsible for the maintenance and protection of data received by
their respective agency. The state agency that possesses the data
shall follow privacy and confidentiality procedures consistent with
all applicable state and federal law. To the extent permitted by
state and federal law, the department and the State Department of
Health Care Services may review the data only for the purposes of
improving the effectiveness of the data matches made pursuant to this
section and Section 49562.
(2) Notwithstanding Section 10850 of the Welfare and Institutions
Code, data that identify applicants for, or recipients of, public
social services, may be transferred from existing databases
maintained by the State Department of Health Care Services, in order
to directly certify recipients of the Food Stamp Program, the
CalWORKs program, and other programs authorized for direct
certification under federal law, in compliance with subdivision (a).
The Legislature hereby finds and declares that this paragraph is
declaratory of existing law.
(e) The department shall determine the availability of and request
or apply for, as appropriate, federal funds to assist the state in
implementing new direct certification requirements mandated by
federal law.
(f) This section shall become operative upon receipt of federal
funds to assist the state in implementing new direct certification
requirements mandated by federal law.
49562. (a) The department, in consultation with the State
Department of Health Care Services, shall develop and implement a
process to use participation data from the Medi-Cal program
administered pursuant to Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9 of the Welfare and Institutions Code, to verify
income as established in the federal Child Nutrition and WIC
Reauthorization Act of 2004 (P.L. 108-265) and, to the extent
permitted under federal law, directly certify children whose families
meet the applicable income criteria into the school meal program.
(b) In the operation of this process, the department shall limit
the information needed from the State Department of Health Care
Services to identify families whose income falls below the
eligibility cutoff for free or reduced price meals, and the least
amount of information needed to facilitate a match of local school
records. The State Department of Health Care Services shall conduct
the data match of local school records and return a list to the
department, including only the data fields submitted by the
department and an indicator of program eligibility, as required by
federal law.
(c) The department and the State Department of Health Care
Services shall design this process to maintain pupil privacy and the
privacy of Medi-Cal recipients by establishing privacy and
confidentiality procedures consistent with all applicable state and
federal laws. To the extent permitted by state and federal law, the
department and the State Department of Health Care Services may
review the data only for the purposes of improving the effectiveness
of the data matches made pursuant to this section and Section 49561.
(d) The department specifically shall ensure that the process
conforms to the federal Health Insurance Portability and
Accountability Act of 1996 (P.L. 104-191) by using strategies
employed by other states in Medicaid verification projects or by
developing a new strategy that ensures conformity.
(e) The department shall seek all necessary approvals to establish
this process and shall apply for available federal funds to support
the work of this process.
(f) This section shall become operative upon the receipt of
federal funds to assist the state in implementing the provisions of
this section.
49550. (a) Notwithstanding any other provision of law, each school
district or county superintendent of schools maintaining any
kindergarten or any of grades 1 to 12, inclusive, shall provide for
each needy pupil one nutritionally adequate free or reduced-price
meal during each schoolday, except for family day care homes that
shall be reimbursed for 75 percent of the meals served.
(b) In order to comply with subdivision (a), a school district or
county office of education may 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 may do so at the expense of the school district or
county office of education.
49550.2. (a) The department shall conduct a study on or before
March 31, 2007, on all of the following:
(1) The number of schools that meet the qualifications for the
federal severe need reimbursement, pursuant to subsection (d) of
Section 1773 of Title 42 of the United States Code, that do not offer
school breakfast.
(2) The costs associated with requiring schools described in
paragraph (1) to offer breakfast.
(3) The feasibility of requiring the schools described in
paragraph (1) to offer breakfast.
(4) The changes that would need to be made to existing law, if
any, to implement a program to require schools described in paragraph
(1) to offer breakfast.
(b) The department shall report the results of the study required
pursuant to subdivision (a) to the Legislature on or before April 30,
2007.
(c) The department, at the discretion of the Superintendent, may
contract for services required to complete the study required
pursuant to subdivision (a).
(d) Notwithstanding any other provision of law, for purposes of
any contracts authorized pursuant to this section, the department is
exempt from the requirements of Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code and
Part 2 (commencing with Section 10100) of Division 2 of the Public
Contract Code.
49550.3. (a) Because a hungry child cannot learn, the Legislature
intends, as a state nutrition and health policy, that the School
Breakfast Program be made available in all schools where it is needed
to provide adequate nutrition for children in attendance.
(b) The State Department of Education shall, in cooperation with
school districts and county superintendents of schools, provide
information and limited financial assistance to encourage program
startup and expansion into all qualified schools, as follows:
(1) Provide information to school districts and county
superintendents of schools concerning the benefits and availability
of the School Breakfast Program.
(2) Each year, provide additional information and financial
assistance to schools in the state, selected on the following
criteria:
(A) Twenty percent or more of the school enrollment consists of
children who have applied and qualify for free and reduced-price
meals.
(B) The school has not been awarded federal startup funds to
initiate a school breakfast program or a summer food service program.
(c) The department shall award grants of up to fifteen thousand
dollars ($15,000) per schoolsite on a competitive basis to school
districts, county superintendents of schools, or entities approved by
the State Department of Education, limited to an amount subject to
budget appropriations each fiscal year, for nonrecurring expenses
incurred in initiating or expanding a school breakfast program under
this section or a summer food service program pursuant to Article
10.7 (commencing with Section 49547).
(d) Grants awarded under this section shall be used for
nonrecurring costs of initiating or expanding a school breakfast
program or a summer food service program, including the acquisition
of equipment, training of staff in new capacities, outreach efforts
to publicize new or expanded school breakfast programs or summer food
service programs, minor alterations to accommodate new equipment,
computer point-of-service systems for food service, and the purchase
of vehicles for transporting food to schools. Funds may not be used
for salaries and benefits of staff, food, computers, except computer
point-of-service systems, or capital outlay.
(e) In making grant awards under this section in any fiscal year,
the department shall give a preference to school districts and county
superintendents of schools that do all of the following:
(1) Submit to the department a plan to start or expand school
breakfast programs or summer food service programs in the district or
the county, including a description of the following:
(A) The manner in which the district or county will provide
technical assistance and funding to schoolsites to expand those
programs.
(B) Detailed information on the nonrecurring expenses needed to
initiate a program.
(C) Public or private resources that have been assembled to carry
out expansion of these programs during that year.
(2) Agree to operate the breakfast program or the summer food
service program for a period of not less than three years.
(3) Assure that the expenditure of funds from state and local
resources for the maintenance of the breakfast program or the summer
food service program shall not be diminished as a result of grant
awards received under this section.
49551. The State Board of Education shall adopt regulations
prescribing standards and guidelines for carrying out the purposes of
this article.
49552. For the purposes of this article, needy children shall be
defined as those children who meet federal eligibility criteria for
free and reduced price meals as defined in Section 49531, except for
family day care homes which shall be reimbursed for 75 percent of the
meals.
The amendments to this section enacted by the Legislature in the
1982 portion of the 1981-82 Regular Session of the Legislature shall
apply retroactively to July 1, 1981, to the extent that they may
legally do so.
49553. (a) A nutritionally adequate meal, for the purposes of this
article, is a breakfast or lunch as defined in Section 49531 that
qualifies for reimbursement under the federal child nutrition program
regulations.
(b) (1) (A) For the purposes of special school nutrition
supplements provided to pregnant or lactating pupils under Section
49559, protein and grain meal components for any given day shall,
together, offer a total of five ounces of protein, one ounce of which
shall be cheese or eight ounces of milk and three servings from the
grain group, preferably whole and nutritious grains. This may be
accomplished by adding one ounce of protein and one serving from the
grain group at breakfast or serving these as a snack, and by adding
one or two ounces of protein, one ounce of which shall be cheese or
eight ounces of milk, to lunch, or by offering a morning supplement
consisting of two or three ounces of protein, one ounce of which must
be cheese, or eight ounces of milk, and one or two servings from the
grain group.
(B) Meal components where only breakfast is served shall be
increased to a total including one ounce of protein and two servings
from the grain group, preferably whole and nutritious grains.
(C) Where both breakfast and lunch are provided, they shall,
together, provide a total of five ounces of protein foods, one ounce
of which shall be cheese, three servings from the grain group,
preferably whole and nutritious grains, one and one-fourth cups from
the fruit and vegetable group, and one pint from the milk group.
(2) The following options shall be allowed:
(A) One cup of fruit in place of one serving of the grain group,
once a week.
(B) One cup of yogurt, made with pasteurized milk, in place of
eight ounces of milk or one ounce of cheese, up to two times per
week.
49554. Any school district or county superintendent of schools
which has had no food service employees since July 1, 1977, or has
inadequate or no food preparation facilities as determined by the
State Department of Education, and is, therefore, unable to provide a
nutritionally adequate breakfast or lunch, or both, may contract for
the preparation, delivery, and service of those meals. Any contract
for the preparation, delivery, and service of meals shall not be
deemed to establish food service positions for the purposes of
Section 39902.
Prior to contracting for preparation, delivery, and service of
such meals, a school district shall certify to the State Department
of Education that no school district in the county nor the county
superintendent of schools has the facilities and is willing to
furnish those services.
49556. The Superintendent of Public Instruction shall supervise the
implementation of this article and shall investigate acts of alleged
noncompliance. In the event the Superintendent of Public Instruction
finds that a school district or county superintendent of schools has
failed to comply with the provisions of this article, the
Superintendent of Public Instruction shall certify such noncompliance
to the Attorney General. The Attorney General shall conduct such
investigations as may be necessary to document the noncompliance. The
Attorney General shall seek injunctive relief to secure compliance
with this article, when such action is requested by the
Superintendent of Public Instruction.
49557. (a) The governing board of a school district and the county
superintendent of schools shall make applications for free or reduced
price meals available to students at all times during each regular
schoolday. The application shall contain, in at least 8-point
boldface type, each of the following statements:
(1) Applications for free and reduced price meals may be submitted
at any time during a schoolday.
(2) Children participating in the National School Lunch Program
will not be overtly identified by the use of special tokens, special
tickets, special serving lines, separate entrances, separate dining
areas, or by any other means.
A school district and the county superintendent of schools shall
use all other applications it has for free or reduced price meals
before utilizing the applications pursuant to this subdivision.
(b) The governing board of each school district and each county
superintendent of schools shall formulate a plan, which shall be
mailed to the State Department of Education 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.
These plans shall ensure each of the following:
(1) Unless otherwise specified, the names of the children shall
not be published, posted, or announced in any manner, or used for any
other purpose other than the National School Lunch Program.
(2) There shall be no overt identification of any of the children
by the use of special tokens or tickets or by any other means.
(3) The children shall not be required to work for their meals or
milk.
(4) The children shall not be required to use a separate dining
area, go through a separate serving line, enter the dining area
through a separate entrance, or consume their meals or milk at a
different time.
(c) When more than one lunch or breakfast or type of milk is
offered pursuant to this article, the children shall have the same
choice of meals or milk that is available to those children who pay
the full price for their meal or milk.
49557.1. In making available to pupils the application for
participation in the free or reduced-price meal program provided for
under subdivision (a) of Section 49557, each school district and
county superintendent of schools is encouraged to include information
that parents may use to request information concerning the Medi-Cal
program administered pursuant to Chapter 7 (commencing with Section
14000) of Part 3 of Division 9 of the Welfare and Institutions Code,
and the Healthy Families Program, administered pursuant to Part 6.2
(commencing with Section 12693) of Division 2 of the Insurance Code.
School districts and county superintendents of schools are encouraged
to perform this task in the most cost-beneficial manner.
49557.2. (a) (1) At the option of the school district or county
superintendent, and to the extent necessary to implement Section
14005.41 of the Welfare and Institutions Code, the following
information may be incorporated into the School Lunch Program
application packet or notification of eligibility for the School
Lunch Program using simple and culturally appropriate language:
(A) A notification that if a child qualifies for free school
lunches, then the child may qualify for free or reduced-cost health
coverage.
(B) 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
Services to make an accelerated determination and the local agency
that determines eligibility under the Medi-Cal program.
(C) A notification that the school district will not forward the
school lunch application to the entity designated by the State
Department of Health Services to make an accelerated determination
and the local agency that determines eligibility under the Medi-Cal
program, without the consent of the child's parent or guardian.
(D) 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.
(E) A notification that the school lunch application information
will only be used by the entity designated by the State Department of
Health 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.
(F) Information regarding the Medi-Cal program, including
available services, program requirements, rights and
responsibilities, and privacy and confidentiality requirements.
(2) The State Department of Education, in consultation with school
districts, county superintendents of schools, consumer advocates,
counties, the State Department of Health Services, and other
stakeholders, shall make recommendations regarding the School Lunch
Program application, on or before February 1, 2003. The
recommendations shall include specific changes to the School Lunch
Program application materials as necessary to implement Section
14005.41 of the Welfare and Institutions Code, information for staff
as to how to implement the changes, and a description of the process
by which information on the School Lunch Program application will be
shared with the county, as the local agency that determines
eligibility under the Medi-Cal program.
(3) At the option of the school, the request for consent in
subparagraph (B) of paragraph (1) may be modified so that the parent
or guardian can also consent to allowing Medi-Cal to inform the
school as provided in subdivision (n) of Section 14005.41 of the
Welfare and Institutions Code when followup is needed in order to
complete the Medi-Cal application process.
(b) (1) School districts and county superintendents of schools may
implement a process to share information provided on the School
Lunch Program application with the entity designated by the State
Department of Health Services to make an accelerated determination
and with the local agency that determines eligibility under the
Medi-Cal program, and shall share this information with those
entities, if the applicant consents to that sharing of information.
Schools may designate, only as necessary to implement this section,
non-food service staff to assist in the administration of free,
reduced price, or paid school lunch applications that have applicant
consent, but only if that designation does not displace or have an
adverse effect on food service staff. This information may be shared
electronically, physically, or through whatever method is determined
appropriate.
(2) If a school is aware that a child, who has been found eligible
for free school lunches under the National School Lunch Program, and
for whom the parent or guardian has consented to share the
information provided on the application, already has an active
Medi-Cal or Healthy Families case, the application shall not be
processed for an accelerated determination but shall be forwarded to
the local agency that determines eligibility under the Medi-Cal
program pursuant to Section 14005.41 of the Welfare and Institutions
Code. The school shall notify the parent or guardian of the child's
ineligibility for accelerated Medi-Cal due to the current eligibility
status and that the child's application will be forwarded to the
county pursuant to this section. The notice shall include a
statement, with contact information, advising the parent or guardian
to contact the Medi-Cal or Healthy Families programs regarding the
child's eligibility status.
(3) Each school district or county superintendent that chooses to
share information pursuant to this subdivision shall enter into a
memorandum of understanding with the local agency that determines
eligibility under the Medi-Cal program, that sets forth the roles and
responsibilities of each agency and the process to be used in
sharing the information.
(4) The local agency that determines eligibility under the
Medi-Cal program shall only use information provided by applicants on
the school lunch application for purposes directly related to the
administration of the Medi-Cal program.
(5) After school districts share information regarding the school
lunch application with the entity designated by the State Department
of Health Services to make an accelerated determination and the local
agency that determines eligibility under the Medi-Cal program, for
the purpose of determining Medi-Cal program eligibility, the local
agency and the school district shall not share information about
school lunch participation or the Medi-Cal program eligibility
information with each other except as specifically authorized under
subdivision (n) of Section 14005.41 of the Welfare and Institutions
Code and other provisions of law.
(c) Effective July 1, 2005, the notifications and consent
referenced in subdivision (a) and the procedures set out in
subdivision (b) shall include the Healthy Families Program and any
relevant county- and local-sponsored health insurance programs as
necessary to implement Section 14005.41 of the Welfare and
Institutions Code.
(d) If a school district finds that the child is eligible for
reduced price or paid meals under the National School Lunch Program
and consent was provided as described in subdivision (b), the entity
designated by the State Department of Health Services to make an
accelerated determination shall notify the parent or guardian of the
child's ineligibility for an accelerated Medi-Cal determination
pursuant to Section 14005.41 of the Welfare and Institutions Code.
The notification shall include information on other available health
programs for which the child may be eligible.
49558. (a) All applications and records concerning any individual
made or kept by any public officer or agency in connection with the
administration of any provision of this code relating to free or
reduced-price meal eligibility shall be confidential, and may not be
open to examination for any purpose not directly connected with the
administration of any free or reduced-price meal program, or any
investigation, prosecution, or criminal or civil proceeding conducted
in connection with the administration of any free or reduced-price
meal program.
(b) Notwithstanding subdivision (a), a public officer or agency
may allow the use by school district employees, who are authorized by
the governing board of the school district, of individual records
pertaining to pupil participation in any free or reduced-price meal
program solely for the purpose of disaggregation of academic
achievement data or to identify pupils eligible for public school
choice and supplemental educational services pursuant to the federal
No Child Left Behind Act of 2001 (P.L. 107-110), if the public agency
ensures the following:
(1) The public agency has adopted a policy that allows for the use
of individual records for these purposes.
(2) No individual indicators of participation in any free or
reduced-price meal program are maintained in the permanent record of
any pupil, unless otherwise allowed by law.
(3) No public release of information regarding individual pupil
participation in any free or reduced-price meal program is permitted.
(4) All other confidentiality provisions required by law are met.
(5) The information collected regarding individual pupils
certified to participate in the free or reduced-price meal program is
destroyed when it is no longer needed for its intended purpose.
(c) Notwithstanding subdivision (a), the school districts and
county superintendents of schools may release information on the
School Lunch Program application only to the local agency that
determines eligibility under the Medi-Cal program, if the child is
approved for free meals and if the applicant consents to the sharing
of information pursuant to Section 49557.2.
49559. (a) Any school food authority that participates in a federal
child nutrition program and is reimbursed pursuant to subdivision
(b) of Section 41350 for meals served pursuant to this article may be
reimbursed at the current rate as determined by the State Department
of Education, pursuant to subdivision (d). If the sum appropriated
for purposes of this section is not sufficient to make the allowances
specified by this section, the allowances shall be reduced
proportionately. This rate shall be in addition to the reimbursement
currently provided under Section 49536. The additional funds shall be
used exclusively to supplement the meals served pursuant to Section
49550.
(b) Pregnant or lactating students shall qualify for nutrition
program supplements under this section upon the submission of medical
verification of pregnancy or lactating status. Those students shall
qualify for nutrition program supplements under this section through
the end of the school year during which they conclude their pregnancy
or discontinue lactating. All statements shall be strictly
confidential, in accordance with Section 49558.
(c) The State Department of Education shall make allowances to
school food authorities from the General Fund on at least a quarterly
basis. Program providers shall submit claims to the department
within 10 calendar days of the end of each quarter. Within 45
calendar days of submission of a valid claim, the State Department of
Education shall tender reimbursement.
(d) The State Department of Education shall, prior to July 1 of
each year, prescribe an adjustment in the state meal contribution
rates for the next fiscal year. The adjustments shall reflect the
changes in the cost of operating a school breakfast, snack, morning
supplement, and lunch program and shall be effective July 1 of each
year. The adjustment shall be based on the average of the separate
indices of the "Food Away From Home Index" for Los Angeles and San
Francisco, as prepared by the United States Bureau of Labor
Statistics.
In giving effect to the cost-of-living provisions of this
subdivision, the State Department of Education shall prescribe a
calendar month for the computation of the percentage change in the
cost of living after July 1, 1985. The same month shall be used
annually thereafter. The product of any percentage increase or
decrease in the average index and the per meal reimbursement
disbursement rate shall be adjusted by the amount of any
cost-of-living change currently in effect pursuant to this
subdivision. For the purposes of this subdivision, state
reimbursement shall be made for the breakfast or lunch which
qualifies for reimbursement pursuant to the nutritional requirements
of Section 49553.
49559. (a) Any school food authority that participates in a federal
child nutrition program and is reimbursed pursuant to subdivision
(b) of Section 41350 for meals served pursuant to this article may be
reimbursed at the current rate as determined by the State Department
of Education, pursuant to subdivision (d). If the sum appropriated
for purposes of this section is not sufficient to make the allowances
specified by this section, the allowances shall be reduced
proportionately. This rate shall be in addition to the reimbursement
currently provided under Section 49536. The additional funds shall be
used exclusively to supplement the meals served pursuant to Section
49550.
(b) The State Department of Education shall make allowances to
school food authorities from the General Fund on at least a quarterly
basis. Program providers shall submit claims to the department
within 10 calendar days of the end of each quarter. Within 45
calendar days of submission of a valid claim, the State Department of
Education shall tender reimbursement.
(c) (1) The State Department of Education shall, upon enactment of
the annual Budget Act, prescribe an adjustment in the state meal
contribution rates for the next fiscal year. The adjustments shall
reflect the changes in the cost of operating a school breakfast,
snack, morning supplement, and lunch program and shall be effective
July 1 of each year. The adjustment shall be based on the average of
the separate indices of the "Food Away From Home Index" for Los
Angeles and San Francisco, as prepared by the United States Bureau of
Labor Statistics.
(2) In giving effect to the cost-of-living provisions of this
subdivision, the State Department of Education shall prescribe a
calendar month for the computation of the percentage change in the
cost of living after July 1, 1985. The same month shall be used
annually thereafter. The product of any percentage increase or
decrease in the average index and the per meal reimbursement
disbursement rate shall be adjusted by the amount of any
cost-of-living change currently in effect pursuant to this
subdivision. For the purposes of this subdivision, state
reimbursement shall be made for the breakfast or lunch which
qualifies for reimbursement pursuant to the nutritional requirements
of Section 49553.
49560. The child nutrition programs operated pursuant to Section
49559 shall maintain a data base as specified by the Superintendent
of Public Instruction for purposes of program evaluation. From the
funds appropriated in Section 4 of this act, an amount not to exceed
5 percent may be used for administrative expenses incurred by the
State Department of Education, including administrative costs
incurred in the collection of the data.
49561. (a) The department shall create a computerized data-matching
system using existing databases from the department and the State
Department of Health Care Services to directly certify recipients of
the Food Stamp Program, the California Work Opportunity and
Responsibility to Kids program (the CalWORKs program) (Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code), and other programs authorized for
direct certification under federal law, for enrollment in the
National School Lunch and School Breakfast Programs.
(b) The department shall design a process using an existing agency
database that will conform with data from the State Department of
Health Care Services to meet the direct certification requirements of
the National School Lunch Act, as amended, pursuant to Chapter 13
(commencing with Section 1751) of Title 42 of the United States Code,
and the federal Child Nutrition Act of 1966, as amended, pursuant to
Chapter 13A (commencing with Section 1771) of Title 42 of the United
States Code.
(c) The department shall design a process using computerized data
pursuant to subdivision (a) that will maximize enrollment in school
meal programs and improve program integrity while ensuring that pupil
privacy safeguards remain in place. The State Department of Health
Care Services shall conduct the data match of local school records
and return a list to the department, including only the data fields
submitted by the department and an indicator of program eligibility,
as required by federal law.
(d) (1) Each state agency identified in subdivision (a) is
responsible for the maintenance and protection of data received by
their respective agency. The state agency that possesses the data
shall follow privacy and confidentiality procedures consistent with
all applicable state and federal law. To the extent permitted by
state and federal law, the department and the State Department of
Health Care Services may review the data only for the purposes of
improving the effectiveness of the data matches made pursuant to this
section and Section 49562.
(2) Notwithstanding Section 10850 of the Welfare and Institutions
Code, data that identify applicants for, or recipients of, public
social services, may be transferred from existing databases
maintained by the State Department of Health Care Services, in order
to directly certify recipients of the Food Stamp Program, the
CalWORKs program, and other programs authorized for direct
certification under federal law, in compliance with subdivision (a).
The Legislature hereby finds and declares that this paragraph is
declaratory of existing law.
(e) The department shall determine the availability of and request
or apply for, as appropriate, federal funds to assist the state in
implementing new direct certification requirements mandated by
federal law.
(f) This section shall become operative upon receipt of federal
funds to assist the state in implementing new direct certification
requirements mandated by federal law.
49562. (a) The department, in consultation with the State
Department of Health Care Services, shall develop and implement a
process to use participation data from the Medi-Cal program
administered pursuant to Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9 of the Welfare and Institutions Code, to verify
income as established in the federal Child Nutrition and WIC
Reauthorization Act of 2004 (P.L. 108-265) and, to the extent
permitted under federal law, directly certify children whose families
meet the applicable income criteria into the school meal program.
(b) In the operation of this process, the department shall limit
the information needed from the State Department of Health Care
Services to identify families whose income falls below the
eligibility cutoff for free or reduced price meals, and the least
amount of information needed to facilitate a match of local school
records. The State Department of Health Care Services shall conduct
the data match of local school records and return a list to the
department, including only the data fields submitted by the
department and an indicator of program eligibility, as required by
federal law.
(c) The department and the State Department of Health Care
Services shall design this process to maintain pupil privacy and the
privacy of Medi-Cal recipients by establishing privacy and
confidentiality procedures consistent with all applicable state and
federal laws. To the extent permitted by state and federal law, the
department and the State Department of Health Care Services may
review the data only for the purposes of improving the effectiveness
of the data matches made pursuant to this section and Section 49561.
(d) The department specifically shall ensure that the process
conforms to the federal Health Insurance Portability and
Accountability Act of 1996 (P.L. 104-191) by using strategies
employed by other states in Medicaid verification projects or by
developing a new strategy that ensures conformity.
(e) The department shall seek all necessary approvals to establish
this process and shall apply for available federal funds to support
the work of this process.
(f) This section shall become operative upon the receipt of
federal funds to assist the state in implementing the provisions of
this section.
49550. (a) Notwithstanding any other provision of law, each school
district or county superintendent of schools maintaining any
kindergarten or any of grades 1 to 12, inclusive, shall provide for
each needy pupil one nutritionally adequate free or reduced-price
meal during each schoolday, except for family day care homes that
shall be reimbursed for 75 percent of the meals served.
(b) In order to comply with subdivision (a), a school district or
county office of education may 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 may do so at the expense of the school district or
county office of education.
49550.2. (a) The department shall conduct a study on or before
March 31, 2007, on all of the following:
(1) The number of schools that meet the qualifications for the
federal severe need reimbursement, pursuant to subsection (d) of
Section 1773 of Title 42 of the United States Code, that do not offer
school breakfast.
(2) The costs associated with requiring schools described in
paragraph (1) to offer breakfast.
(3) The feasibility of requiring the schools described in
paragraph (1) to offer breakfast.
(4) The changes that would need to be made to existing law, if
any, to implement a program to require schools described in paragraph
(1) to offer breakfast.
(b) The department shall report the results of the study required
pursuant to subdivision (a) to the Legislature on or before April 30,
2007.
(c) The department, at the discretion of the Superintendent, may
contract for services required to complete the study required
pursuant to subdivision (a).
(d) Notwithstanding any other provision of law, for purposes of
any contracts authorized pursuant to this section, the department is
exempt from the requirements of Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code and
Part 2 (commencing with Section 10100) of Division 2 of the Public
Contract Code.
49550.3. (a) Because a hungry child cannot learn, the Legislature
intends, as a state nutrition and health policy, that the School
Breakfast Program be made available in all schools where it is needed
to provide adequate nutrition for children in attendance.
(b) The State Department of Education shall, in cooperation with
school districts and county superintendents of schools, provide
information and limited financial assistance to encourage program
startup and expansion into all qualified schools, as follows:
(1) Provide information to school districts and county
superintendents of schools concerning the benefits and availability
of the School Breakfast Program.
(2) Each year, provide additional information and financial
assistance to schools in the state, selected on the following
criteria:
(A) Twenty percent or more of the school enrollment consists of
children who have applied and qualify for free and reduced-price
meals.
(B) The school has not been awarded federal startup funds to
initiate a school breakfast program or a summer food service program.
(c) The department shall award grants of up to fifteen thousand
dollars ($15,000) per schoolsite on a competitive basis to school
districts, county superintendents of schools, or entities approved by
the State Department of Education, limited to an amount subject to
budget appropriations each fiscal year, for nonrecurring expenses
incurred in initiating or expanding a school breakfast program under
this section or a summer food service program pursuant to Article
10.7 (commencing with Section 49547).
(d) Grants awarded under this section shall be used for
nonrecurring costs of initiating or expanding a school breakfast
program or a summer food service program, including the acquisition
of equipment, training of staff in new capacities, outreach efforts
to publicize new or expanded school breakfast programs or summer food
service programs, minor alterations to accommodate new equipment,
computer point-of-service systems for food service, and the purchase
of vehicles for transporting food to schools. Funds may not be used
for salaries and benefits of staff, food, computers, except computer
point-of-service systems, or capital outlay.
(e) In making grant awards under this section in any fiscal year,
the department shall give a preference to school districts and county
superintendents of schools that do all of the following:
(1) Submit to the department a plan to start or expand school
breakfast programs or summer food service programs in the district or
the county, including a description of the following:
(A) The manner in which the district or county will provide
technical assistance and funding to schoolsites to expand those
programs.
(B) Detailed information on the nonrecurring expenses needed to
initiate a program.
(C) Public or private resources that have been assembled to carry
out expansion of these programs during that year.
(2) Agree to operate the breakfast program or the summer food
service program for a period of not less than three years.
(3) Assure that the expenditure of funds from state and local
resources for the maintenance of the breakfast program or the summer
food service program shall not be diminished as a result of grant
awards received under this section.
49551. The State Board of Education shall adopt regulations
prescribing standards and guidelines for carrying out the purposes of
this article.
49552. For the purposes of this article, needy children shall be
defined as those children who meet federal eligibility criteria for
free and reduced price meals as defined in Section 49531, except for
family day care homes which shall be reimbursed for 75 percent of the
meals.
The amendments to this section enacted by the Legislature in the
1982 portion of the 1981-82 Regular Session of the Legislature shall
apply retroactively to July 1, 1981, to the extent that they may
legally do so.
49553. (a) A nutritionally adequate meal, for the purposes of this
article, is a breakfast or lunch as defined in Section 49531 that
qualifies for reimbursement under the federal child nutrition program
regulations.
(b) (1) (A) For the purposes of special school nutrition
supplements provided to pregnant or lactating pupils under Section
49559, protein and grain meal components for any given day shall,
together, offer a total of five ounces of protein, one ounce of which
shall be cheese or eight ounces of milk and three servings from the
grain group, preferably whole and nutritious grains. This may be
accomplished by adding one ounce of protein and one serving from the
grain group at breakfast or serving these as a snack, and by adding
one or two ounces of protein, one ounce of which shall be cheese or
eight ounces of milk, to lunch, or by offering a morning supplement
consisting of two or three ounces of protein, one ounce of which must
be cheese, or eight ounces of milk, and one or two servings from the
grain group.
(B) Meal components where only breakfast is served shall be
increased to a total including one ounce of protein and two servings
from the grain group, preferably whole and nutritious grains.
(C) Where both breakfast and lunch are provided, they shall,
together, provide a total of five ounces of protein foods, one ounce
of which shall be cheese, three servings from the grain group,
preferably whole and nutritious grains, one and one-fourth cups from
the fruit and vegetable group, and one pint from the milk group.
(2) The following options shall be allowed:
(A) One cup of fruit in place of one serving of the grain group,
once a week.
(B) One cup of yogurt, made with pasteurized milk, in place of
eight ounces of milk or one ounce of cheese, up to two times per
week.
49554. Any school district or county superintendent of schools
which has had no food service employees since July 1, 1977, or has
inadequate or no food preparation facilities as determined by the
State Department of Education, and is, therefore, unable to provide a
nutritionally adequate breakfast or lunch, or both, may contract for
the preparation, delivery, and service of those meals. Any contract
for the preparation, delivery, and service of meals shall not be
deemed to establish food service positions for the purposes of
Section 39902.
Prior to contracting for preparation, delivery, and service of
such meals, a school district shall certify to the State Department
of Education that no school district in the county nor the county
superintendent of schools has the facilities and is willing to
furnish those services.
49556. The Superintendent of Public Instruction shall supervise the
implementation of this article and shall investigate acts of alleged
noncompliance. In the event the Superintendent of Public Instruction
finds that a school district or county superintendent of schools has
failed to comply with the provisions of this article, the
Superintendent of Public Instruction shall certify such noncompliance
to the Attorney General. The Attorney General shall conduct such
investigations as may be necessary to document the noncompliance. The
Attorney General shall seek injunctive relief to secure compliance
with this article, when such action is requested by the
Superintendent of Public Instruction.
49557. (a) The governing board of a school district and the county
superintendent of schools shall make applications for free or reduced
price meals available to students at all times during each regular
schoolday. The application shall contain, in at least 8-point
boldface type, each of the following statements:
(1) Applications for free and reduced price meals may be submitted
at any time during a schoolday.
(2) Children participating in the National School Lunch Program
will not be overtly identified by the use of special tokens, special
tickets, special serving lines, separate entrances, separate dining
areas, or by any other means.
A school district and the county superintendent of schools shall
use all other applications it has for free or reduced price meals
before utilizing the applications pursuant to this subdivision.
(b) The governing board of each school district and each county
superintendent of schools shall formulate a plan, which shall be
mailed to the State Department of Education 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.
These plans shall ensure each of the following:
(1) Unless otherwise specified, the names of the children shall
not be published, posted, or announced in any manner, or used for any
other purpose other than the National School Lunch Program.
(2) There shall be no overt identification of any of the children
by the use of special tokens or tickets or by any other means.
(3) The children shall not be required to work for their meals or
milk.
(4) The children shall not be required to use a separate dining
area, go through a separate serving line, enter the dining area
through a separate entrance, or consume their meals or milk at a
different time.
(c) When more than one lunch or breakfast or type of milk is
offered pursuant to this article, the children shall have the same
choice of meals or milk that is available to those children who pay
the full price for their meal or milk.
49557.1. In making available to pupils the application for
participation in the free or reduced-price meal program provided for
under subdivision (a) of Section 49557, each school district and
county superintendent of schools is encouraged to include information
that parents may use to request information concerning the Medi-Cal
program administered pursuant to Chapter 7 (commencing with Section
14000) of Part 3 of Division 9 of the Welfare and Institutions Code,
and the Healthy Families Program, administered pursuant to Part 6.2
(commencing with Section 12693) of Division 2 of the Insurance Code.
School districts and county superintendents of schools are encouraged
to perform this task in the most cost-beneficial manner.
49557.2. (a) (1) At the option of the school district or county
superintendent, and to the extent necessary to implement Section
14005.41 of the Welfare and Institutions Code, the following
information may be incorporated into the School Lunch Program
application packet or notification of eligibility for the School
Lunch Program using simple and culturally appropriate language:
(A) A notification that if a child qualifies for free school
lunches, then the child may qualify for free or reduced-cost health
coverage.
(B) 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
Services to make an accelerated determination and the local agency
that determines eligibility under the Medi-Cal program.
(C) A notification that the school district will not forward the
school lunch application to the entity designated by the State
Department of Health Services to make an accelerated determination
and the local agency that determines eligibility under the Medi-Cal
program, without the consent of the child's parent or guardian.
(D) 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.
(E) A notification that the school lunch application information
will only be used by the entity designated by the State Department of
Health 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.
(F) Information regarding the Medi-Cal program, including
available services, program requirements, rights and
responsibilities, and privacy and confidentiality requirements.
(2) The State Department of Education, in consultation with school
districts, county superintendents of schools, consumer advocates,
counties, the State Department of Health Services, and other
stakeholders, shall make recommendations regarding the School Lunch
Program application, on or before February 1, 2003. The
recommendations shall include specific changes to the School Lunch
Program application materials as necessary to implement Section
14005.41 of the Welfare and Institutions Code, information for staff
as to how to implement the changes, and a description of the process
by which information on the School Lunch Program application will be
shared with the county, as the local agency that determines
eligibility under the Medi-Cal program.
(3) At the option of the school, the request for consent in
subparagraph (B) of paragraph (1) may be modified so that the parent
or guardian can also consent to allowing Medi-Cal to inform the
school as provided in subdivision (n) of Section 14005.41 of the
Welfare and Institutions Code when followup is needed in order to
complete the Medi-Cal application process.
(b) (1) School districts and county superintendents of schools may
implement a process to share information provided on the School
Lunch Program application with the entity designated by the State
Department of Health Services to make an accelerated determination
and with the local agency that determines eligibility under the
Medi-Cal program, and shall share this information with those
entities, if the applicant consents to that sharing of information.
Schools may designate, only as necessary to implement this section,
non-food service staff to assist in the administration of free,
reduced price, or paid school lunch applications that have applicant
consent, but only if that designation does not displace or have an
adverse effect on food service staff. This information may be shared
electronically, physically, or through whatever method is determined
appropriate.
(2) If a school is aware that a child, who has been found eligible
for free school lunches under the National School Lunch Program, and
for whom the parent or guardian has consented to share the
information provided on the application, already has an active
Medi-Cal or Healthy Families case, the application shall not be
processed for an accelerated determination but shall be forwarded to
the local agency that determines eligibility under the Medi-Cal
program pursuant to Section 14005.41 of the Welfare and Institutions
Code. The school shall notify the parent or guardian of the child's
ineligibility for accelerated Medi-Cal due to the current eligibility
status and that the child's application will be forwarded to the
county pursuant to this section. The notice shall include a
statement, with contact information, advising the parent or guardian
to contact the Medi-Cal or Healthy Families programs regarding the
child's eligibility status.
(3) Each school district or county superintendent that chooses to
share information pursuant to this subdivision shall enter into a
memorandum of understanding with the local agency that determines
eligibility under the Medi-Cal program, that sets forth the roles and
responsibilities of each agency and the process to be used in
sharing the information.
(4) The local agency that determines eligibility under the
Medi-Cal program shall only use information provided by applicants on
the school lunch application for purposes directly related to the
administration of the Medi-Cal program.
(5) After school districts share information regarding the school
lunch application with the entity designated by the State Department
of Health Services to make an accelerated determination and the local
agency that determines eligibility under the Medi-Cal program, for
the purpose of determining Medi-Cal program eligibility, the local
agency and the school district shall not share information about
school lunch participation or the Medi-Cal program eligibility
information with each other except as specifically authorized under
subdivision (n) of Section 14005.41 of the Welfare and Institutions
Code and other provisions of law.
(c) Effective July 1, 2005, the notifications and consent
referenced in subdivision (a) and the procedures set out in
subdivision (b) shall include the Healthy Families Program and any
relevant county- and local-sponsored health insurance programs as
necessary to implement Section 14005.41 of the Welfare and
Institutions Code.
(d) If a school district finds that the child is eligible for
reduced price or paid meals under the National School Lunch Program
and consent was provided as described in subdivision (b), the entity
designated by the State Department of Health Services to make an
accelerated determination shall notify the parent or guardian of the
child's ineligibility for an accelerated Medi-Cal determination
pursuant to Section 14005.41 of the Welfare and Institutions Code.
The notification shall include information on other available health
programs for which the child may be eligible.
49558. (a) All applications and records concerning any individual
made or kept by any public officer or agency in connection with the
administration of any provision of this code relating to free or
reduced-price meal eligibility shall be confidential, and may not be
open to examination for any purpose not directly connected with the
administration of any free or reduced-price meal program, or any
investigation, prosecution, or criminal or civil proceeding conducted
in connection with the administration of any free or reduced-price
meal program.
(b) Notwithstanding subdivision (a), a public officer or agency
may allow the use by school district employees, who are authorized by
the governing board of the school district, of individual records
pertaining to pupil participation in any free or reduced-price meal
program solely for the purpose of disaggregation of academic
achievement data or to identify pupils eligible for public school
choice and supplemental educational services pursuant to the federal
No Child Left Behind Act of 2001 (P.L. 107-110), if the public agency
ensures the following:
(1) The public agency has adopted a policy that allows for the use
of individual records for these purposes.
(2) No individual indicators of participation in any free or
reduced-price meal program are maintained in the permanent record of
any pupil, unless otherwise allowed by law.
(3) No public release of information regarding individual pupil
participation in any free or reduced-price meal program is permitted.
(4) All other confidentiality provisions required by law are met.
(5) The information collected regarding individual pupils
certified to participate in the free or reduced-price meal program is
destroyed when it is no longer needed for its intended purpose.
(c) Notwithstanding subdivision (a), the school districts and
county superintendents of schools may release information on the
School Lunch Program application only to the local agency that
determines eligibility under the Medi-Cal program, if the child is
approved for free meals and if the applicant consents to the sharing
of information pursuant to Section 49557.2.
49559. (a) Any school food authority that participates in a federal
child nutrition program and is reimbursed pursuant to subdivision
(b) of Section 41350 for meals served pursuant to this article may be
reimbursed at the current rate as determined by the State Department
of Education, pursuant to subdivision (d). If the sum appropriated
for purposes of this section is not sufficient to make the allowances
specified by this section, the allowances shall be reduced
proportionately. This rate shall be in addition to the reimbursement
currently provided under Section 49536. The additional funds shall be
used exclusively to supplement the meals served pursuant to Section
49550.
(b) Pregnant or lactating students shall qualify for nutrition
program supplements under this section upon the submission of medical
verification of pregnancy or lactating status. Those students shall
qualify for nutrition program supplements under this section through
the end of the school year during which they conclude their pregnancy
or discontinue lactating. All statements shall be strictly
confidential, in accordance with Section 49558.
(c) The State Department of Education shall make allowances to
school food authorities from the General Fund on at least a quarterly
basis. Program providers shall submit claims to the department
within 10 calendar days of the end of each quarter. Within 45
calendar days of submission of a valid claim, the State Department of
Education shall tender reimbursement.
(d) The State Department of Education shall, prior to July 1 of
each year, prescribe an adjustment in the state meal contribution
rates for the next fiscal year. The adjustments shall reflect the
changes in the cost of operating a school breakfast, snack, morning
supplement, and lunch program and shall be effective July 1 of each
year. The adjustment shall be based on the average of the separate
indices of the "Food Away From Home Index" for Los Angeles and San
Francisco, as prepared by the United States Bureau of Labor
Statistics.
In giving effect to the cost-of-living provisions of this
subdivision, the State Department of Education shall prescribe a
calendar month for the computation of the percentage change in the
cost of living after July 1, 1985. The same month shall be used
annually thereafter. The product of any percentage increase or
decrease in the average index and the per meal reimbursement
disbursement rate shall be adjusted by the amount of any
cost-of-living change currently in effect pursuant to this
subdivision. For the purposes of this subdivision, state
reimbursement shall be made for the breakfast or lunch which
qualifies for reimbursement pursuant to the nutritional requirements
of Section 49553.
49559. (a) Any school food authority that participates in a federal
child nutrition program and is reimbursed pursuant to subdivision
(b) of Section 41350 for meals served pursuant to this article may be
reimbursed at the current rate as determined by the State Department
of Education, pursuant to subdivision (d). If the sum appropriated
for purposes of this section is not sufficient to make the allowances
specified by this section, the allowances shall be reduced
proportionately. This rate shall be in addition to the reimbursement
currently provided under Section 49536. The additional funds shall be
used exclusively to supplement the meals served pursuant to Section
49550.
(b) The State Department of Education shall make allowances to
school food authorities from the General Fund on at least a quarterly
basis. Program providers shall submit claims to the department
within 10 calendar days of the end of each quarter. Within 45
calendar days of submission of a valid claim, the State Department of
Education shall tender reimbursement.
(c) (1) The State Department of Education shall, upon enactment of
the annual Budget Act, prescribe an adjustment in the state meal
contribution rates for the next fiscal year. The adjustments shall
reflect the changes in the cost of operating a school breakfast,
snack, morning supplement, and lunch program and shall be effective
July 1 of each year. The adjustment shall be based on the average of
the separate indices of the "Food Away From Home Index" for Los
Angeles and San Francisco, as prepared by the United States Bureau of
Labor Statistics.
(2) In giving effect to the cost-of-living provisions of this
subdivision, the State Department of Education shall prescribe a
calendar month for the computation of the percentage change in the
cost of living after July 1, 1985. The same month shall be used
annually thereafter. The product of any percentage increase or
decrease in the average index and the per meal reimbursement
disbursement rate shall be adjusted by the amount of any
cost-of-living change currently in effect pursuant to this
subdivision. For the purposes of this subdivision, state
reimbursement shall be made for the breakfast or lunch which
qualifies for reimbursement pursuant to the nutritional requirements
of Section 49553.
49560. The child nutrition programs operated pursuant to Section
49559 shall maintain a data base as specified by the Superintendent
of Public Instruction for purposes of program evaluation. From the
funds appropriated in Section 4 of this act, an amount not to exceed
5 percent may be used for administrative expenses incurred by the
State Department of Education, including administrative costs
incurred in the collection of the data.
49561. (a) The department shall create a computerized data-matching
system using existing databases from the department and the State
Department of Health Care Services to directly certify recipients of
the Food Stamp Program, the California Work Opportunity and
Responsibility to Kids program (the CalWORKs program) (Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code), and other programs authorized for
direct certification under federal law, for enrollment in the
National School Lunch and School Breakfast Programs.
(b) The department shall design a process using an existing agency
database that will conform with data from the State Department of
Health Care Services to meet the direct certification requirements of
the National School Lunch Act, as amended, pursuant to Chapter 13
(commencing with Section 1751) of Title 42 of the United States Code,
and the federal Child Nutrition Act of 1966, as amended, pursuant to
Chapter 13A (commencing with Section 1771) of Title 42 of the United
States Code.
(c) The department shall design a process using computerized data
pursuant to subdivision (a) that will maximize enrollment in school
meal programs and improve program integrity while ensuring that pupil
privacy safeguards remain in place. The State Department of Health
Care Services shall conduct the data match of local school records
and return a list to the department, including only the data fields
submitted by the department and an indicator of program eligibility,
as required by federal law.
(d) (1) Each state agency identified in subdivision (a) is
responsible for the maintenance and protection of data received by
their respective agency. The state agency that possesses the data
shall follow privacy and confidentiality procedures consistent with
all applicable state and federal law. To the extent permitted by
state and federal law, the department and the State Department of
Health Care Services may review the data only for the purposes of
improving the effectiveness of the data matches made pursuant to this
section and Section 49562.
(2) Notwithstanding Section 10850 of the Welfare and Institutions
Code, data that identify applicants for, or recipients of, public
social services, may be transferred from existing databases
maintained by the State Department of Health Care Services, in order
to directly certify recipients of the Food Stamp Program, the
CalWORKs program, and other programs authorized for direct
certification under federal law, in compliance with subdivision (a).
The Legislature hereby finds and declares that this paragraph is
declaratory of existing law.
(e) The department shall determine the availability of and request
or apply for, as appropriate, federal funds to assist the state in
implementing new direct certification requirements mandated by
federal law.
(f) This section shall become operative upon receipt of federal
funds to assist the state in implementing new direct certification
requirements mandated by federal law.
49562. (a) The department, in consultation with the State
Department of Health Care Services, shall develop and implement a
process to use participation data from the Medi-Cal program
administered pursuant to Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9 of the Welfare and Institutions Code, to verify
income as established in the federal Child Nutrition and WIC
Reauthorization Act of 2004 (P.L. 108-265) and, to the extent
permitted under federal law, directly certify children whose families
meet the applicable income criteria into the school meal program.
(b) In the operation of this process, the department shall limit
the information needed from the State Department of Health Care
Services to identify families whose income falls below the
eligibility cutoff for free or reduced price meals, and the least
amount of information needed to facilitate a match of local school
records. The State Department of Health Care Services shall conduct
the data match of local school records and return a list to the
department, including only the data fields submitted by the
department and an indicator of program eligibility, as required by
federal law.
(c) The department and the State Department of Health Care
Services shall design this process to maintain pupil privacy and the
privacy of Medi-Cal recipients by establishing privacy and
confidentiality procedures consistent with all applicable state and
federal laws. To the extent permitted by state and federal law, the
department and the State Department of Health Care Services may
review the data only for the purposes of improving the effectiveness
of the data matches made pursuant to this section and Section 49561.
(d) The department specifically shall ensure that the process
conforms to the federal Health Insurance Portability and
Accountability Act of 1996 (P.L. 104-191) by using strategies
employed by other states in Medicaid verification projects or by
developing a new strategy that ensures conformity.
(e) The department shall seek all necessary approvals to establish
this process and shall apply for available federal funds to support
the work of this process.
(f) This section shall become operative upon the receipt of
federal funds to assist the state in implementing the provisions of
this section.
