49547. (a) The Legislature finds and declares as follows:
(1) Proper nutrition for children is a matter of the highest state
priority.
(2) There is a demonstrated relationship between the good
nutrition practices on a year-round basis and the capacity of
children to develop and learn.
(3) Teaching the principles of good nutrition in schools is
urgently needed to assist children at all income levels in developing
proper eating habits that are essential for lifelong good health and
productivity.
(b) The Legislature finds and declares that it is essential that
schools, local governing boards, parents, and communities provide
leadership and support for the establishment of nutrition program
services for children on a year-round basis. The nutritional needs of
children must continue to be met when school is not in session.
(c) The Legislature further recognizes the need to establish a
permanent funding plan in order to provide qualifying local agencies
with continuous financial support for the operation of child
nutrition programs.
49547.5. (a) The Legislature finds and declares the following:
(1) Needy children rely upon school meals for supplemental
nutrition that benefits their health, growth, and academic and social
development.
(2) Existing federal law, Section 1761 of Title 42 of the United
States Code, establishes the Summer Food Service Program. This
program provides assistance to states to support the operation of
nonprofit food service programs for needy children during those times
of the year when free and reduced-price school meals are not
available.
(3) In all but a handful of states, the Summer Food Service
Program is administered by an appropriate state agency. However, in
California, the United States Department of Agriculture administers
the program.
(4) The Summer Food Service Program in California is severely
underutilized. While about 1,600,000 children receive free and
reduced-price school meals, only 122,300 (less than eight percent)
participate in the Summer Food Service Program.
(5) State administration of the Summer Food Service Program will
significantly help boost participation. Existing state law already
requires the State Department of Education and the Superintendent of
Public Instruction to provide leadership to encourage and support
schools and public agencies to participate in the program.
(6) The State Department of Education presently administers within
the state three closely related federal food programs: the National
School Lunch Program, the School Breakfast Program, and the Child and
Adult Care Food Program.
(b) The State Department of Education is hereby designated the
state agency for purposes of the Summer Food Service Program (42
U.S.C. Sec. 1761) and shall submit to the Western Regional Office of
the Food and Nutrition Service of the United States Department of
Agriculture a program management and administration plan. If the plan
is approved, the department shall manage and administer the program.
(c) The provisions of Sections 49536, 49550, and 49559 do not
apply to the Summer Food Service Program, as set forth in this
section.
49548. (a) The State Board of Education, in order to effect
compliance with legislative findings expressed in Section 49547,
shall restrict the criteria for the issuance of waivers from the
requirements of Section 49550 to feed children during a summer school
session. A waiver shall be granted for a period not to exceed one
year if either of the following conditions exists:
(1) (A) A summer school session serving pupils enrolled in
elementary school, as defined in clause (iii), shall be granted a
waiver if a Summer Food Service Program for Children site is
available within one-half mile of the schoolsite and either of the
following conditions exists:
(i) The hours of operation of the Summer Food Service Program for
Children site commence no later than one-half hour after the
completion of the summer school session day.
(ii) The hours of operation of the Summer Food Service Program for
Children site conclude no earlier than one hour after the completion
of the summer school session day.
(iii) For purposes of this subdivision, "elementary school" means
a public school that maintains kindergarten or any of grades 1 to 8,
inclusive.
(B) A summer school session serving pupils enrolled in middle
school, junior high school, or high school shall be granted a waiver
if a Summer Food Service Program for Children site is available
within one mile of the schoolsite and either of the following
conditions exists:
(i) The hours of operation of the Summer Food Service Program for
Children site commence no later than one-half hour after the
completion of the summer school session day.
(ii) The hours of operation of the Summer Food Service Program for
Children site conclude no earlier than one hour after the completion
of the summer school session day.
(2) (A) Serving meals during the summer school session would
result in a financial loss to the school district, documented in a
financial analysis performed by the school district, in an amount
equal to one-third of net cash resources, as defined in Section 210.2
of Part 7 of Title 7 of the Code of Federal Regulations, which, for
the purposes of this article, shall exclude funds that are
encumbered. If there are no net cash resources, an amount equal to
the operating costs of one month as averaged over the summer school
sessions.
(B) The financial analysis required by subparagraph (A) shall
include a projection of future meal program participation based on
either of the following:
(i) Commencement of a meal service period after the commencement
of the summer school session day and conclusion of a meal service
period before the completion of the summer school session day.
(ii) Operation of a schoolsite as an open Summer Seamless Option
or a Summer Food Service Program for Children site, and providing
adequate notification thereof, including flyers and banners, in order
to fulfill community needs under the Summer Food Service Program for
Children (7 C.F.R. 225.14(d)(3)).
(3) The entire summer school day is two hours or less in duration.
(b) The state board and the Superintendent shall provide
leadership to encourage and support schools and public agencies to
participate in the Summer Food Service Program for Children,
consistent with the intent of Section 49504.
(c) An application for a waiver shall be submitted no later than
30 days prior to the last regular meeting of the state board before
the commencement of the summer school session for which the waiver is
sought.
49548.2. (a) The State Department of Education shall seek federal
statutory amendments as follows:
(1) To cause the Summer Food Service Program for Children to
become more compatible with the National School Lunch Program by
defining "enrollment" to allow flexibility in the eligibility
criteria for the National School Lunch Program in order that more
children can be served during school vacation periods under an
ongoing school lunch-breakfast program.
(2) To specifically authorize California to be a pilot for
universal year-round feeding under the concept of comprehensive child
nutrition programs.
(b) The State Department of Education shall work to expand
coordinated services for children to include comprehensive nutrition
program services.
49548.3. The State Department of Education shall invite the United
States Department of Agriculture to join the Child Nutrition and Food
Distribution Division in its annual workshops and conferences to
present information on the Summer Food Service Program for Children.
The State Department of Education shall integrate information on the
Summer Food Service Program for Children into nutritional activities,
presentations, and contacts with professional groups, including the
Association of California School Administrators, California
Association of School Business Officials, California School Food
Service Association, California Dietetic Association, and California
Nutrition Council. In addition, the State Department of Education
shall:
(a) Assist the United States Department of Agriculture in
preparing and distributing outreach materials and presentations on
the Summer Food Service Program for Children that target schools,
public and private nonprofit agencies, including soup kitchens,
homeless feeding sites, and other charitable institutions.
(b) Obtain from the United States Department of Agriculture the
profile of participating agencies and then work cooperatively with
that department in targeting those underserved areas for intensive
outreach efforts.
(c) Establish linkages with other agencies and organizations to
facilitate increasing the number of Summer Food Service Program for
Children sponsors. These agencies may include, but not be limited to,
the California Department of Parks and Recreation, League of
California Cities, County Supervisors Association of California,
California Hunger Action Coalition, and other organizations.
49547. (a) The Legislature finds and declares as follows:
(1) Proper nutrition for children is a matter of the highest state
priority.
(2) There is a demonstrated relationship between the good
nutrition practices on a year-round basis and the capacity of
children to develop and learn.
(3) Teaching the principles of good nutrition in schools is
urgently needed to assist children at all income levels in developing
proper eating habits that are essential for lifelong good health and
productivity.
(b) The Legislature finds and declares that it is essential that
schools, local governing boards, parents, and communities provide
leadership and support for the establishment of nutrition program
services for children on a year-round basis. The nutritional needs of
children must continue to be met when school is not in session.
(c) The Legislature further recognizes the need to establish a
permanent funding plan in order to provide qualifying local agencies
with continuous financial support for the operation of child
nutrition programs.
49547.5. (a) The Legislature finds and declares the following:
(1) Needy children rely upon school meals for supplemental
nutrition that benefits their health, growth, and academic and social
development.
(2) Existing federal law, Section 1761 of Title 42 of the United
States Code, establishes the Summer Food Service Program. This
program provides assistance to states to support the operation of
nonprofit food service programs for needy children during those times
of the year when free and reduced-price school meals are not
available.
(3) In all but a handful of states, the Summer Food Service
Program is administered by an appropriate state agency. However, in
California, the United States Department of Agriculture administers
the program.
(4) The Summer Food Service Program in California is severely
underutilized. While about 1,600,000 children receive free and
reduced-price school meals, only 122,300 (less than eight percent)
participate in the Summer Food Service Program.
(5) State administration of the Summer Food Service Program will
significantly help boost participation. Existing state law already
requires the State Department of Education and the Superintendent of
Public Instruction to provide leadership to encourage and support
schools and public agencies to participate in the program.
(6) The State Department of Education presently administers within
the state three closely related federal food programs: the National
School Lunch Program, the School Breakfast Program, and the Child and
Adult Care Food Program.
(b) The State Department of Education is hereby designated the
state agency for purposes of the Summer Food Service Program (42
U.S.C. Sec. 1761) and shall submit to the Western Regional Office of
the Food and Nutrition Service of the United States Department of
Agriculture a program management and administration plan. If the plan
is approved, the department shall manage and administer the program.
(c) The provisions of Sections 49536, 49550, and 49559 do not
apply to the Summer Food Service Program, as set forth in this
section.
49548. (a) The State Board of Education, in order to effect
compliance with legislative findings expressed in Section 49547,
shall restrict the criteria for the issuance of waivers from the
requirements of Section 49550 to feed children during a summer school
session. A waiver shall be granted for a period not to exceed one
year if either of the following conditions exists:
(1) (A) A summer school session serving pupils enrolled in
elementary school, as defined in clause (iii), shall be granted a
waiver if a Summer Food Service Program for Children site is
available within one-half mile of the schoolsite and either of the
following conditions exists:
(i) The hours of operation of the Summer Food Service Program for
Children site commence no later than one-half hour after the
completion of the summer school session day.
(ii) The hours of operation of the Summer Food Service Program for
Children site conclude no earlier than one hour after the completion
of the summer school session day.
(iii) For purposes of this subdivision, "elementary school" means
a public school that maintains kindergarten or any of grades 1 to 8,
inclusive.
(B) A summer school session serving pupils enrolled in middle
school, junior high school, or high school shall be granted a waiver
if a Summer Food Service Program for Children site is available
within one mile of the schoolsite and either of the following
conditions exists:
(i) The hours of operation of the Summer Food Service Program for
Children site commence no later than one-half hour after the
completion of the summer school session day.
(ii) The hours of operation of the Summer Food Service Program for
Children site conclude no earlier than one hour after the completion
of the summer school session day.
(2) (A) Serving meals during the summer school session would
result in a financial loss to the school district, documented in a
financial analysis performed by the school district, in an amount
equal to one-third of net cash resources, as defined in Section 210.2
of Part 7 of Title 7 of the Code of Federal Regulations, which, for
the purposes of this article, shall exclude funds that are
encumbered. If there are no net cash resources, an amount equal to
the operating costs of one month as averaged over the summer school
sessions.
(B) The financial analysis required by subparagraph (A) shall
include a projection of future meal program participation based on
either of the following:
(i) Commencement of a meal service period after the commencement
of the summer school session day and conclusion of a meal service
period before the completion of the summer school session day.
(ii) Operation of a schoolsite as an open Summer Seamless Option
or a Summer Food Service Program for Children site, and providing
adequate notification thereof, including flyers and banners, in order
to fulfill community needs under the Summer Food Service Program for
Children (7 C.F.R. 225.14(d)(3)).
(3) The entire summer school day is two hours or less in duration.
(b) The state board and the Superintendent shall provide
leadership to encourage and support schools and public agencies to
participate in the Summer Food Service Program for Children,
consistent with the intent of Section 49504.
(c) An application for a waiver shall be submitted no later than
30 days prior to the last regular meeting of the state board before
the commencement of the summer school session for which the waiver is
sought.
49548.2. (a) The State Department of Education shall seek federal
statutory amendments as follows:
(1) To cause the Summer Food Service Program for Children to
become more compatible with the National School Lunch Program by
defining "enrollment" to allow flexibility in the eligibility
criteria for the National School Lunch Program in order that more
children can be served during school vacation periods under an
ongoing school lunch-breakfast program.
(2) To specifically authorize California to be a pilot for
universal year-round feeding under the concept of comprehensive child
nutrition programs.
(b) The State Department of Education shall work to expand
coordinated services for children to include comprehensive nutrition
program services.
49548.3. The State Department of Education shall invite the United
States Department of Agriculture to join the Child Nutrition and Food
Distribution Division in its annual workshops and conferences to
present information on the Summer Food Service Program for Children.
The State Department of Education shall integrate information on the
Summer Food Service Program for Children into nutritional activities,
presentations, and contacts with professional groups, including the
Association of California School Administrators, California
Association of School Business Officials, California School Food
Service Association, California Dietetic Association, and California
Nutrition Council. In addition, the State Department of Education
shall:
(a) Assist the United States Department of Agriculture in
preparing and distributing outreach materials and presentations on
the Summer Food Service Program for Children that target schools,
public and private nonprofit agencies, including soup kitchens,
homeless feeding sites, and other charitable institutions.
(b) Obtain from the United States Department of Agriculture the
profile of participating agencies and then work cooperatively with
that department in targeting those underserved areas for intensive
outreach efforts.
(c) Establish linkages with other agencies and organizations to
facilitate increasing the number of Summer Food Service Program for
Children sponsors. These agencies may include, but not be limited to,
the California Department of Parks and Recreation, League of
California Cities, County Supervisors Association of California,
California Hunger Action Coalition, and other organizations.
49547. (a) The Legislature finds and declares as follows:
(1) Proper nutrition for children is a matter of the highest state
priority.
(2) There is a demonstrated relationship between the good
nutrition practices on a year-round basis and the capacity of
children to develop and learn.
(3) Teaching the principles of good nutrition in schools is
urgently needed to assist children at all income levels in developing
proper eating habits that are essential for lifelong good health and
productivity.
(b) The Legislature finds and declares that it is essential that
schools, local governing boards, parents, and communities provide
leadership and support for the establishment of nutrition program
services for children on a year-round basis. The nutritional needs of
children must continue to be met when school is not in session.
(c) The Legislature further recognizes the need to establish a
permanent funding plan in order to provide qualifying local agencies
with continuous financial support for the operation of child
nutrition programs.
49547.5. (a) The Legislature finds and declares the following:
(1) Needy children rely upon school meals for supplemental
nutrition that benefits their health, growth, and academic and social
development.
(2) Existing federal law, Section 1761 of Title 42 of the United
States Code, establishes the Summer Food Service Program. This
program provides assistance to states to support the operation of
nonprofit food service programs for needy children during those times
of the year when free and reduced-price school meals are not
available.
(3) In all but a handful of states, the Summer Food Service
Program is administered by an appropriate state agency. However, in
California, the United States Department of Agriculture administers
the program.
(4) The Summer Food Service Program in California is severely
underutilized. While about 1,600,000 children receive free and
reduced-price school meals, only 122,300 (less than eight percent)
participate in the Summer Food Service Program.
(5) State administration of the Summer Food Service Program will
significantly help boost participation. Existing state law already
requires the State Department of Education and the Superintendent of
Public Instruction to provide leadership to encourage and support
schools and public agencies to participate in the program.
(6) The State Department of Education presently administers within
the state three closely related federal food programs: the National
School Lunch Program, the School Breakfast Program, and the Child and
Adult Care Food Program.
(b) The State Department of Education is hereby designated the
state agency for purposes of the Summer Food Service Program (42
U.S.C. Sec. 1761) and shall submit to the Western Regional Office of
the Food and Nutrition Service of the United States Department of
Agriculture a program management and administration plan. If the plan
is approved, the department shall manage and administer the program.
(c) The provisions of Sections 49536, 49550, and 49559 do not
apply to the Summer Food Service Program, as set forth in this
section.
49548. (a) The State Board of Education, in order to effect
compliance with legislative findings expressed in Section 49547,
shall restrict the criteria for the issuance of waivers from the
requirements of Section 49550 to feed children during a summer school
session. A waiver shall be granted for a period not to exceed one
year if either of the following conditions exists:
(1) (A) A summer school session serving pupils enrolled in
elementary school, as defined in clause (iii), shall be granted a
waiver if a Summer Food Service Program for Children site is
available within one-half mile of the schoolsite and either of the
following conditions exists:
(i) The hours of operation of the Summer Food Service Program for
Children site commence no later than one-half hour after the
completion of the summer school session day.
(ii) The hours of operation of the Summer Food Service Program for
Children site conclude no earlier than one hour after the completion
of the summer school session day.
(iii) For purposes of this subdivision, "elementary school" means
a public school that maintains kindergarten or any of grades 1 to 8,
inclusive.
(B) A summer school session serving pupils enrolled in middle
school, junior high school, or high school shall be granted a waiver
if a Summer Food Service Program for Children site is available
within one mile of the schoolsite and either of the following
conditions exists:
(i) The hours of operation of the Summer Food Service Program for
Children site commence no later than one-half hour after the
completion of the summer school session day.
(ii) The hours of operation of the Summer Food Service Program for
Children site conclude no earlier than one hour after the completion
of the summer school session day.
(2) (A) Serving meals during the summer school session would
result in a financial loss to the school district, documented in a
financial analysis performed by the school district, in an amount
equal to one-third of net cash resources, as defined in Section 210.2
of Part 7 of Title 7 of the Code of Federal Regulations, which, for
the purposes of this article, shall exclude funds that are
encumbered. If there are no net cash resources, an amount equal to
the operating costs of one month as averaged over the summer school
sessions.
(B) The financial analysis required by subparagraph (A) shall
include a projection of future meal program participation based on
either of the following:
(i) Commencement of a meal service period after the commencement
of the summer school session day and conclusion of a meal service
period before the completion of the summer school session day.
(ii) Operation of a schoolsite as an open Summer Seamless Option
or a Summer Food Service Program for Children site, and providing
adequate notification thereof, including flyers and banners, in order
to fulfill community needs under the Summer Food Service Program for
Children (7 C.F.R. 225.14(d)(3)).
(3) The entire summer school day is two hours or less in duration.
(b) The state board and the Superintendent shall provide
leadership to encourage and support schools and public agencies to
participate in the Summer Food Service Program for Children,
consistent with the intent of Section 49504.
(c) An application for a waiver shall be submitted no later than
30 days prior to the last regular meeting of the state board before
the commencement of the summer school session for which the waiver is
sought.
49548.2. (a) The State Department of Education shall seek federal
statutory amendments as follows:
(1) To cause the Summer Food Service Program for Children to
become more compatible with the National School Lunch Program by
defining "enrollment" to allow flexibility in the eligibility
criteria for the National School Lunch Program in order that more
children can be served during school vacation periods under an
ongoing school lunch-breakfast program.
(2) To specifically authorize California to be a pilot for
universal year-round feeding under the concept of comprehensive child
nutrition programs.
(b) The State Department of Education shall work to expand
coordinated services for children to include comprehensive nutrition
program services.
49548.3. The State Department of Education shall invite the United
States Department of Agriculture to join the Child Nutrition and Food
Distribution Division in its annual workshops and conferences to
present information on the Summer Food Service Program for Children.
The State Department of Education shall integrate information on the
Summer Food Service Program for Children into nutritional activities,
presentations, and contacts with professional groups, including the
Association of California School Administrators, California
Association of School Business Officials, California School Food
Service Association, California Dietetic Association, and California
Nutrition Council. In addition, the State Department of Education
shall:
(a) Assist the United States Department of Agriculture in
preparing and distributing outreach materials and presentations on
the Summer Food Service Program for Children that target schools,
public and private nonprofit agencies, including soup kitchens,
homeless feeding sites, and other charitable institutions.
(b) Obtain from the United States Department of Agriculture the
profile of participating agencies and then work cooperatively with
that department in targeting those underserved areas for intensive
outreach efforts.
(c) Establish linkages with other agencies and organizations to
facilitate increasing the number of Summer Food Service Program for
Children sponsors. These agencies may include, but not be limited to,
the California Department of Parks and Recreation, League of
California Cities, County Supervisors Association of California,
California Hunger Action Coalition, and other organizations.
