(1)Existing law requires each school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide one nutritionally adequate free or reduced-price meal for each needy pupil during each schoolday, except as specified. Existing law authorizes a school district or county office of education to use funds made available through any applicable federal or state program or to use its own funds to provide the required meals.

This bill would express legislative findings and declarations relating to the federal School Breakfast Program.

The bill, from July 1, 2016, to June 30, 2017, inclusive, would require each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, to make a nutritionally adequate breakfast available for all of the pupils in a school, when at least 40% of the pupils enrolled at the school are needy children, as defined. On and after July 1, 2017, these requirements would apply only to schools where at least 40%, but less than 60%, of the pupils enrolled in that school are needy children.

The bill, from July 1, 2017, to June 30, 2018, inclusive, with respect to schools where at least 60% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils after instruction has begun for the schoolday, as defined. On and after July 1, 2018, these requirements would apply only to schools where at least 60%, but less than 80%, of the pupils enrolled in that school are needy children.

The bill, on and after July 1, 2018, with respect to schools where at least 80% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils, at no cost to the pupil, after instruction has begun for the schoolday, as defined.

To the extent that this bill would create new duties for school districts and county offices of education, it would constitute a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

(1)Existing law requires each school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide one nutritionally adequate free or reduced-price meal for each needy pupil during each schoolday, except as specified. Existing law authorizes a school district or county office of education to use funds made available through any applicable federal or state program or to use its own funds to provide the required meals.

This bill would express legislative findings and declarations relating to the federal School Breakfast Program.

The bill, from July 1, 2016, to June 30, 2017, inclusive, would require each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, to make a nutritionally adequate breakfast available for all of the pupils in a school, when at least 40% of the pupils enrolled at the school are needy children, as defined. On and after July 1, 2017, these requirements would apply only to schools where at least 40%, but less than 60%, of the pupils enrolled in that school are needy children.

The bill, from July 1, 2017, to June 30, 2018, inclusive, with respect to schools where at least 60% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils both before and after instruction has begun for the schoolday for the majority of pupils. schoolday, as defined. On and after July 1, 2018, these requirements would apply only to schools where at least 60%, but less than 80%, of the pupils enrolled in that school are needy children.

The bill, on and after July 1, 2018, with respect to schools where at least 80% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils, at no cost to the pupil, both before and after instruction has begun for the schoolday for the majority of pupils. schoolday, as defined.

To the extent that this bill would create new duties for school districts and county offices of education, it would constitute a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

(1)Existing law requires each school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide one nutritionally adequate free or reduced-price meal for each needy pupil during each schoolday, except as specified. Existing law authorizes a school district or county office of education to use funds made available through any applicable federal or state program or to use its own funds to provide the required meals.

This bill would express legislative findings and declarations relating to the federal School Breakfast Program.

The bill, from July 1, 2016, to June 30, 2017, inclusive, would require each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, to make a nutritionally adequate breakfast available for all of the pupils in a school, when at least 40% of the pupils enrolled at the school are needy children, as defined. On and after July 1, 2017, these requirements would apply only to schools where at least 40%, but less than 60%, of the pupils enrolled in that school are needy children.

The bill, from July 1, 2017, to June 30, 2018, inclusive, with respect to schools where at least 60% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils both before and after instruction has begun for the schoolday for the majority of pupils. On and after July 1, 2018, these requirements would apply only to schools where at least 60%, but less than 80%, of the pupils enrolled in that school are needy children.

The bill, on and after July 1, 2018, with respect to schools where at least 80% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils, at no cost to the pupil, both before and after instruction has begun for the schoolday for the majority of pupils.

To the extent that this bill would create new duties for school districts and county offices of education, it would constitute a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Date of Hearing: May 13, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1240

Author:(Bonta) – As Amended Ver:May 4, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires each school district or county office of education maintaining any kindergarten through grade 12 to offer breakfast at schools where at least 40% of the pupils enrolled at the school are considered "needy." Specifically, this bill:

1. Requires, from July 1, 2016 to June 30, 2017, a nutritionally adequate breakfast to be made available each schoolday for sale or at no cost to pupils at a school where at least 40% of the pupils are considered needy. Specifies that beginning July 1, 2017, this requirement applies only at schools where at least 40%, but less than 60%, of the pupils enrolled are needy children.

2. Requires, from July 1, 2017 to June 30, 2018, a nutritionally adequate breakfast to be made available each schoolday for sale or at no cost to pupils at a school where at least 60% of pupils are considered needy. Requires breakfast to be available after instruction has begun for the schoolday. Specifies that beginning July 1, 2018, this requirement applies only at schools where at least 60%, but less than 80%, of all pupils enrolled are needy children.

3. Requires, on and after July 1, 2018, a nutritionally adequate breakfast to be made available each schoolday at no cost to pupils at a school where at least 80% of the pupils are considered needy. Requires breakfast to be available after instruction has begun for the schoolday.

4. Specifies that no pupil shall be required to consume a meal and school is not required to set aside instructional time for the purpose of serving breakfast.

FISCAL EFFECT:

1. Proposition 98/GF costs, likely in the millions, related to increased program participation and school breakfast meal reimbursement rates. Actual costs will be determined by the number of meals served. The 2013-14 state meal reimbursement rate is $0.22 per meal. For illustration, assuming a 5 percent increase in the number of breakfasts served, state cost would be approximately $2.4 million.

2. General Fund (non-98) administrative costs to the California Department of Education of approximately $600,000. CDE indicates they would need one limited-term position and two ongoing positions to assist with breakfast menu approvals, application approvals, waiver requests and monitoring. Additionally, in order to meet new USDA Administrative Review requirements, CDE estimates two additional consultants would be needed, assuming these programs participate in the federal School Breakfast program. CDE estimates are based on 151 school sites that currently participate in the National School Lunch program but do not serve breakfast. The sponsor of the bill indicates approximately 664 schools are not serving breakfast. CDE costs could increase if participation rates are in this higher range.

COMMENTS:

1. Background. Existing law requires local educational agencies to provide one nutritiously adequate Free and Reduced Price Meal (FRPM) to needy children once a day during each schoolday. A needy child is defined as a child who meets the federal eligibility for FRPM. For the free meal category, household income must be at or below 130% of the federal poverty guidelines. For the reduced-price category, household income must be between 130% and 185% of federal poverty guidelines.

School meal programs are funded predominantly by the United States Department of Agriculture through its National School Lunch and School Breakfast Program and supplemented by state funds. These programs are federal entitlement programs, which mean that allocations are not fixed; federal funds will be provided as long as recipients meet income eligibility criteria. The federal government also offers a higher reimbursement rate for schools enrolling higher levels of eligible students, which enables those schools to provide meals to all pupils.

According to the CDE, in 2013-14, the state received $447 million in federal funds for School Breakfast Programs and $1.35 billion in federal funds for the School Lunch Program. State funds augmented the program by $53 million for the School Breakfast Program and $101 million for School Lunch Program.

2. Purpose. This bill requires, beginning July 1, 2016, all schools where at least 40% of the pupils enrolled at the school are eligible for FRPM to offer breakfast. The following year, schools with 60% FRPM eligible students are required to offer breakfast with the additional requirement that the meal be offered after instruction has begun. By 2018, schools with at least 80% FRPM eligible students are required to provide breakfast free of charge and offer the meal after instruction has begun.

According to the sponsor, the California Food Policy Advocates (CFPA), the purpose of the bill is to increase the level of participation in the School Breakfast Program. According to the CDE, participation in the program is about half of the participation in the School Lunch Program.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1240

Author:Bonta – As Amended Ver:April 9, 2015

SUBJECT: Pupil nutrition: free or reduced-price meals: breakfast

SUMMARY: Requires each school district or county office of education maintaining any kindergarten through grade 12 to offer breakfast at schools where at least 40% of the pupils enrolled at the school are considered "needy." Specifically, this bill:

1. Requires, from July 1, 2016 to June 30, 2017, a nutritionally adequate breakfast to be made available each schoolday for sale or at no cost to pupils at a school where at least 40% of the pupils are considered needy. Specifies that beginning July 1, 2017, this requirement applies only at schools where at least 40%, but less than 60%, of the pupils enrolled are needy children.

2. Requires, from July 1, 2017 to June 30, 2018, a nutritionally adequate breakfast to be made available each schoolday for sale or at no cost at a school where at least 60% of pupils are considered needy. Requires breakfast to be available after instruction has begun for the schoolday. Specifies that beginning July 1, 2018, this requirement applies only at schools where at least 60%, but less than 80%, of all pupils enrolled are needy children.

3. Requires, on and after July 1, 2018, a nutritionally adequate breakfast to be made available each schoolday at no cost at a school where at least 80% of the pupils are considered needy. Requires breakfast to be available after instruction has begun for the schoolday.

4. Specifies that no pupil shall be required to consume a meal.

5. Defines "after instruction has begun for the schoolday" as after the time the schoolday has begun for a majority for the pupils enrolled at that school.

6. Finds and declares that research shows that children who eat breakfast have improved cognitive function, demonstrate higher academic achievement, exhibit better behavior, and have healthier diets. Further finds that public schools would receive $344 million in federal funds through the federal School Breakfast Program (SBP) if the federal SBP reached as many low-income pupils as the National School Lunch Program (SLP).

EXISTING LAW:

1. Expresses the intent of the Legislature that, 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, because a hungry child cannot learn. (Education Code (EC) Section 49550.3)

2. Requires each school district or county superintendent of schools maintaining any kindergarten through grade 12 to 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% of the meals served. (EC Section 49550)

3. Requires the California Department of Education (CDE) to conduct a study on or before March 31, 2007, identifying the number of schools that meet the qualifications for federal severe need reimbursement, that do not offer breakfast, the costs and feasibility associated with requiring schools to offer breakfast, and the changes that need to be made to existing law to implement a program to require schools to offer breakfast. (EC Section 49550.2)

4. Defines "needy children" as those children who meet federal eligibility criteria for free and reduced-price meals, except for family day care homes which shall be reimbursed for 75% of the meals. (EC Section 49552)

FISCAL EFFECT: The Legislative Counsel has keyed this bill as a state-mandated local program.

COMMENTS: Is breakfast important? Research has shown that breakfast, particularly school breakfast, improves student participation in school, gives students energy so that they can pay better attention, and may even improve behavior. In a 2014 study by the Journal of Public Economics, David Frisvold from the University of Iowa found gains in student math achievement using National Assessment of Educational Progress (NAEP) data. The study concludes that "Overall, these results suggest that the persistent exposure to the relatively more nutritious breakfast offered through the SBP throughout elementary school can yield important gains in achievement."

Free and reduced-price meal (FRPM) programs. Existing law requires local educational agencies to provide one nutritiously adequate FRPM to needy children once a day during each schoolday. A needy child is defined as a child who meets the federal eligibility for FRPM. For the free meal category, household income must be at or below 130% of the federal poverty guidelines. For the reduced-price category, household income must be between 130% and 185% of federal poverty guidelines. As an example, a pupil is eligible for free meals if his/her family income is less than $31,525 for a family of four, and reduced-price meals if his/her family income is less than $44,863. Current law also establishes a direct certification process, whereby children who are enrolled in certain public benefits programs such as CalWORKs and CalFresh are automatically enrolled in the FRPM program, and a categorically eligible process, whereby migrant, homeless and foster care children are also automatically enrolled. Schools can also exercise the Community Eligibility Option, which allows school districts to provide breakfast and lunch to all pupils at a school or district where at least 40% of the identified students were deemed eligible through eligibility for CalWORKs or CalFresh in the prior year. Federal regulations limit the charge for reduced-price meal to $.30 for SBP and $.40 for SLP.

School meal programs are funded predominantly by the United States Department of Agriculture through its National School Lunch and School Breakfast Program and supplemented by state funds. These programs are federal entitlement programs, which mean that allocations are not fixed; federal funds will be provided as long as recipients meet income eligibility criteria. The federal government also offers a higher reimbursement rate for schools enrolling higher levels of eligible students, which enables those schools to provide meals to all pupils.

According to the CDE, in 2013-14, the state received $447 million in federal funds for SBP and $1.35 billion in federal funds for SLP. State funds augmented the program by $53 million for SBP and $101 million for SLP.

What does this bill do? This bill requires, beginning July 1, 2016, all schools where at least 40% of the pupils enrolled at the school are eligible for FRPM to offer breakfast. In future years, schools with higher levels of pupils eligible for FRPM are required to offer breakfast after instruction has begun and free of charge. Specifically, this bill requires breakfast to be provided according to the following:

Purpose of this bill. According to the sponsor, the California Food Policy Advocates (CFPA), the purpose of the bill is to increase the level of participation in the SBP. According to the CDE, participation in the SBP is about half of the participation in the SLP. In 2013-14, 2.5 million of the 3.4 million students eligible for SLP participated in the SLP (73.53%), compared with 1.3 million participating in the SBP (38%).

According to CDE, there are 151 schools that meet the 40% needy student criterion that offer SLP but do not offer SBP. There are an additional 658 schools that do not offer FRPM programs. However, it is unclear how many of these schools offer meals on their own without participating in the FRPM program or that have pupils participating in another school's meal program (e.g., pupil enrolled in a county office of education-run program located at a district schoolsite).

Other models of delivery. Low participation may be due to students not arriving at school early enough for breakfast and students' reluctance to go to the cafeteria for fear of being identified as a student eligible for FRPM. This bill attempts to provide other strategies for when and how to offer breakfast to increase breakfast participation. The USDA promotes alternative delivery models such as grab 'n go breakfast (also called breakfast carts), typically served in a bag from carts that students can pick up on their way to their first class; second chance breakfast (also called nutrition break breakfast), which enables students to grab breakfast during morning recess; breakfast on the bus, where students get a bagged breakfast on the bus; and breakfast in the classroom.

In the breakfast in the classroom model, hot or cold breakfasts are packed in insulated bags or coolers and brought to the classrooms in carts or wagons. While the teacher is taking attendance, collecting homework, or making announcements, students are eating their breakfasts. According to the sponsor, there are a number of school districts that have implemented breakfast in the classroom, including Adelante Unified, Alum Rock Union Unified, Chula Vista Unified, Clovis Unified, Compton Unified, El Monte Unified, Hawthorne Unified, Lemon Grove Unified, Los Angeles Unified, Oakland Unified, Oceanside Unified, Pajaro Valley Unified, Riverside Unified, San Diego Unified, and Sanger Unified.

A national survey of 1,000 K-8 public schools in 2013 found that serving breakfast after the bell (after instruction has begun) increased breakfast participation by 35% in one year. This bill requires, for schools enrolling at least 60% of students eligible for FRPM, breakfast to be provided after instruction has begun for a majority of the students at the school. The bill does not dictate when after the bell breakfast must be served or how breakfast will be served. Therefore, a school can implement a breakfast in the classroom model or a second chance breakfast model during morning recess. According to the sponsor, this bill will result in access to breakfast after the bell at more than 5,000 schools and of those, breakfast free of charge to all students at more than 3,000 schools.

Implementation challenges. Requiring breakfast to be served after instruction has begun may result in some challenges. Some teachers do not favor breakfast in the classroom due to the time it takes from instruction, particularly at the higher grade levels. Staff recommends limiting the requirements of this bill to elementary schools. The CDE has also pointed out potential conflicts for schools that receive funds from the Fresh Fruit and Vegetable program, which provides healthy snacks during non-meal times. If schools choose to offer breakfast during morning recess, the fruit and vegetable snacks may have to be provided as an afternoon snack.

School breakfast report. AB 569 (Garcia), Chapter 72, Statutes of 2006 required the CDE to submit a report to the Legislature regarding the feasibility of providing breakfasts at schools that meet the requirements for the federal severe need reimbursement (schools where 40% or more of the lunches that were served two years earlier were provided free or at a reduced-price). The CDE contracted with WestEd to conduct the report. The report found that while a majority of the severe need schools participated in the SBP, many students were still not eating breakfast. The report recommended support for a state requirement that severe need schools provide breakfast, but suggested that a waiver process be available. The report also suggested encouraging schools to try a variety of proven strategy to increase participation in the SBP, including the strategies intended by this bill. The author may wish to consider including a waiver from the requirement to offer breakfast after instruction has begun for those schools that already have a high participation rate in their current breakfast program.

Arguments in support. The author states, "School breakfast is associated with improved academic achievement, attendance, and classroom behavior. Children who eat breakfast demonstrate increased cognitive function and focus and perform better on tests. Children who eat breakfast also demonstrate better emotional health and stronger memory function. School breakfast participants are more likely to consume essential vitamins and micronutrients and have overall healthier diets. Eating breakfast is also associated with healthier body weight. After-the-bell breakfast models are known to reach more students than traditional school breakfast service.

Current law does not adequately ensure that students have access to school breakfast. Three out of four students in California miss out on the health and academic benefits of a nutritious school breakfast."

Prior related legislation. AB 839 (Brownley), held in the Senate Appropriations suspense file in 2011, would have required a local governing board to consider specified data regarding the federal SBP in the process of approving the consolidated application for specified categorical program funding.

AB 1966 (Garcia), held in the Assembly Appropriations Committee suspense file in 2008, requires schoolsites that enroll more than 400 pupils and meet the qualifications of federal severe need reimbursement to offer breakfast, beginning with the 2010-11 school year.

AB 92 (Garcia), held in the Assembly Appropriations Committee suspense file in 2007, requires each schoolsite that meets the qualifications of the federal severe need reimbursement to offer breakfast, beginning with the 2008-09 school year.

AB 569 (Garcia), Chapter 72, Statutes of 2006, required the CDE to conduct a study on or before March 31, 2007 regarding the feasibility of providing breakfasts at schools that meet the requirements for the federal severe need reimbursement and to report the results of the study to the Legislature.

AB 1916 (Garcia), held in the Assembly Appropriations Committee in 2006, would have required each schoolsite that meets the qualifications of the federal severe need reimbursement to offer breakfast.

AB 2935 (Goldberg), vetoed by Governor Davis in 2002, would have required a school district meeting specified criteria for low performance, to hold a public hearing at a regularly scheduled meeting to discuss items relating to offering breakfast to their students through the SBP.

REGISTERED SUPPORT / OPPOSITION:

Support

California Food Policy Advocates (sponsor)

Alameda County Community Food Bank

California Association of Food Banks

California Catholic Conference of Bishops

California Center for Public Health Advocacy

California Conference of local Health Department Nutritionists

California Hunger Action Coalition

California Pan-Ethnic Health Network

California School-Based Health Alliance

California Teamsters Public Affairs Council

Community Food and Justice Coalition

Food Bank of Contra Costa and Solano

Hunger Action Los Angeles

Hunger Advocacy Network

Jewish Family Service of San Diego

Locally Delicious, Inc.

National Association of Social Workers, California Chapter

OC Food Bank

Orange County Food Access Coalition

Roots of Change

San Diego Hunger Coalition

San Francisco Unified School District

SF-Marin Food Book

Urban & Environmental Policy Institute

Western Center on Law and Poverty

Numerous individuals

Opposition

None on file

Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087