(1)Existing law requires each school district and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate, free or reduced-price meal during each schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils at all times during each regular schoolday. Existing law requires the Superintendent of Public Instruction to supervise the implementation of this program and to investigate acts of alleged noncompliance.

This bill would authorize the governing boards of school districts and county superintendents of schools to also make applications for free or reduced-price meals electronically available online. The bill would specify requirements that would have to be met by the governing boards of school districts, county offices of education, and school food authorities who choose to provide access to an online application under this bill.

The bill would require all applications to include clear instructions for families that are homeless or are migrants. To the extent that this provision would impose new duties on local educational agencies, 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 and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate, free or reduced-price meal during each schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils at all times during each regular schoolday. Existing law requires the Superintendent of Public Instruction to supervise the implementation of this program and to investigate acts of alleged noncompliance.

This bill would authorize the governing boards of school districts and county superintendents of schools to also make applications for free or reduced-price meals electronically available online. The bill would specify requirements that would have to be met by the governing boards of school districts, county offices of education, and school food authorities who choose to provide access to an online application under this bill.

The bill would require all applications to include clear instructions for families that are homeless or are migrants. To the extent that this provision would impose new duties on local educational agencies, 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 and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate, free or reduced-price meal during each schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils at all times during each regular schoolday. Existing law requires the Superintendent of Public Instruction to supervise the implementation of this program and to investigate acts of alleged noncompliance.

This bill would authorize the governing boards of school districts and county superintendents of schools to also make applications for free or reduced-price meals electronically available online. The bill would specify requirements that would have to be met by the governing boards of school districts and county superintendents of schools, districts, county offices of education, and school food service personnel, authorities who choose to provide access to an online application under this bill.

The bill would require all applications to include clear instructions for families that are homeless or are migrants. To the extent that this provision would impose new duties on local educational agencies, 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 and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate, free or reduced-price meal during each schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils at all times during each regular schoolday. Existing law requires the Superintendent of Public Instruction to supervise the implementation of this program and to investigate acts of alleged noncompliance.

This bill would authorize the governing boards of school districts and county superintendents of schools to also make applications for free or reduced-price meals electronically available online. The bill would specify requirements that would have to be met by the governing boards of school districts and county superintendents of schools, and school food service personnel, who choose to provide access to an online application under this bill.

The bill would require all applications to include clear instructions for families that are homeless or are migrants. To the extent that this provision would impose new duties on local educational agencies, 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 and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate, free or reduced-price meal during each schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils at all times during each regular schoolday. Existing law requires the Superintendent of Public Instruction to supervise the implementation of this program and to investigate acts of alleged noncompliance.

This bill would authorize the governing boards of school districts and county superintendents of schools to also make applications for free or reduced-price meals electronically available online. The bill would specify requirements that would have to be met by the governing boards of school districts and county superintendents of schools schools, and school food service personnel, who choose to provide access to an online application under this bill.

The bill would require all applications to include clear instructions for families that are homeless or are migrants. To the extent that this provision would impose new duties on local educational agencies, 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 and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate, free or reduced-price meal during each schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils at all times during each regular schoolday. Existing law requires the Superintendent of Public Instruction to supervise the implementation of this program and to investigate acts of alleged noncompliance.

This bill would authorize the governing boards of school districts and county superintendents of schools to also make applications for free or reduced-price meals electronically available online. The bill would specify requirements that would have to be met by the governing boards of school districts and county superintendents of schools who choose to provide access to an online application under this bill.

The bill would require all applications to include clear instructions for families that are homeless or are migrants. To the extent that this provision would impose new duties on local educational agencies, 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 and county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil one nutritionally adequate, free or reduced-price meal during each schoolday. Existing law requires the governing board of a school district and the county superintendent of schools to make applications for free or reduced-price meals available to pupils at all times during each regular schoolday. Existing law requires the Superintendent of Public Instruction to supervise the implementation of this program and to investigate acts of alleged noncompliance.

This bill would authorize the governing boards of school districts and county superintendents of schools to also make applications for free or reduced-price meals electronically available online. The bill would specify requirements that would have to be met by the governing boards of school districts and county superintendents of schools who choose to provide access to an online application under this bill.

The bill would require all applications to include clear instructions for families that are homeless or are migrants. To the extent that this provision would impose new duties on local educational agencies, 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.

 UNFINISHED BUSINESS  

Bill No: SB 708

Author: Mendoza (D)

Amended: 8/27/15

Vote: 21

SENATE EDUCATION COMMITTEE: 9-0, 4/22/15

AYES: Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SENATE FLOOR: 38-0, 6/1/15

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk

NO VOTE RECORDED: Hueso, Morrell

ASSEMBLY FLOOR: 79-0, 9/01/15 - See last page for vote

SUBJECT: Pupil nutrition: free or reduced-price meals: online applications

SOURCE: Author

DIGEST: This bill authorizes school districts and county offices of education to make electronic applications for free or reduced-price meals available, and requires both paper and electronic applications to contain clear instructions for families that are homeless or are migrants.

Assembly Amendments modify terminology, changing “school food service officer” to “school food authority,” and clarify which Internet link is to be included in electronic applications for free or reduced-price meals.

ANALYSIS:

Existing law:

1. Requires each school district or county office of education to provide for each needy student one nutritionally adequate free or reduced-price meal during each schoolday. (Education Code § 49550)
   
   

2. Requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. (EC § 49557)
   
   

3. Encourages each school district and county office of education to include information that parents may use to request information concerning the Medi-Cal program, and the Healthy Families Program. (EC § 49557.1)
   
   

4. Authorizes school districts or county offices of education to incorporate information relative to Medi-Cal and health care coverage through the California Health Benefit Exchange into the School Lunch Program application packet or notification of eligibility. (EC § 49557.2)
   
   

5. Requires all applications and records concerning any individual made or kept by any public officer or agency relating to free or reduced-price meal eligibility to be confidential, and may not be open to examination for any purpose not directly connected with the administration of a free or reduced-price meal program. (EC § 49558)

This bill:

1. Authorizes school districts and county offices of education to make an application for free or reduced-price meals electronically available online, provided that the online application meets the requirements described in #3.
   
   

2. Requires both the paper and electronic application, pursuant to federal and state guidelines, to contain clear instructions for families that are homeless or are migrants.
   
   

3. Requires the online application, if a school district, county office of education, or a school food authority chooses to provide access to an online application, to comply with all of the following requirements:
   
   

   1. Include a link to the Internet Web site (website) on which translated applications are posted by the United States Department of Agriculture with instructions in that language that inform the applicant how to submit the application.
      
      

   2. Require completion of only those questions that are necessary for determining eligibility.
      
      

   3. Include clear instructions for families that are homeless or are migrants.
      
      

   4. Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act and the federal Children’s Online Privacy Protection Act.
      
      

   5. Include links to all of the following:
      
      

      1. The online application to CalFresh.
         
         

      2. The online single state application for health care.
         
         

      3. The California Department of Public Health’s (DPH) web page entitled “About WIC and How to Apply,” or another web page identified by the DPH that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children.
         
         

      4. The website of a summer lunch program authorized to participate within the city or school district.
         
         

4. Prohibits an online application for free or reduced-price meals to be made available or accessible online by a school district, county office of education, or school food authority if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.
   
   

5. States legislative findings and declarations that federal guidelines require school food authorities to accept and process applications if they are submitted to the school food authority.

Background

Paper vs electronic. Existing law requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. This bill authorizes school districts and county offices of education to also make an electronic application available online. This bill requires, if districts and county offices choose to offer an electronic application, the electronic application to include links to the following information that is not currently required to be provided with the paper application:

1. The DPH’s web page entitled “About WIC and How to Apply,” or another web page identified by the DPH that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children.
   
   

2. The website of a summer lunch program authorized to participate within the city or school district.
   
   

Existing law authorizes and encourages, but does not require, paper applications to include information about Medi-Cal and CalFresh. According to the author, current practice is to provide clear instructions for families that are homeless or migrant. This bill requires both paper and electronic applications to include clear instructions for families that are homeless or migrant, and requires electronic applications to include links to applications for CalFresh and health care, in addition to the information cited above.

Online security. This bill requires an online application to comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act and the federal Children’s Online Privacy Protection Act. This bill also prohibits an online application to be made available or accessible if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.

Eligibility determination. This bill requires an online application to require completion of only those questions that are necessary for determining eligibility. According to the author, schools often use applications to collect other information of interest to them, but that information is not required to be included in the school meal application. Those additional items can be skipped on a paper application and schools are required to accept and process the application if the information specific to free or reduced-price meals is complete. It’s possible that an electronic application could include mandatory fields (require an answer) for each point of information, even if that information is not required for the free or reduced-price meal application.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee, this bill imposes:

• Potential Proposition 98/General Fund (GF) reimbursable state mandated costs, likely minor, for school districts and county offices of education to provide paper copies of free or reduced priced meal applications available at all times during the regular school day. Current law requires local education agencies (LEAs) to provide access to free or reduced price meal applications but does not explicitly specify that "paper" copies shall be made available. This requirement could result in minor printing costs that may be eligible for state reimbursement.

• Unknown, likely minor, Proposition 98/GF cost pressure for school districts and county offices of education to update online free and reduced price meal applications (if they chose to provide applications in this format). Whether or not an LEA provides applications through an online format is a local decision and, therefore, the LEA cannot seek reimbursement for these activities.

• Unknown state and federal costs to the extent already qualified families are connected to CalFresh, CalWORKs, Medi-Cal and the Special Supplemental Nutrition Program for Women, Infants, and Children Program as a result of this bill.

• General Fund administrative costs to the California Department of Education, in the range of $15,000 to $17,000, to update eligibility materials for the free and reduced price meal program to reflect the requirements of this bill.

SUPPORT: (Verified 9/1/15)

None received

OPPOSITION: (Verified 9/1/15)

None received

ASSEMBLY FLOOR: 79-0, 9/01/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Harper

Prepared by: Lynn Lorber / ED. / (916) 651-4105

9/1/15 20:15:41

**** END ****

SENATE THIRD READING

STR Bill Id:SB 708

Author:(Mendoza)

As Amended Ver:August 27, 2015

Majority vote

SENATE VOTE: 38-0

SUMMARY: Establishes requirements for school districts and county offices of education, if they choose to provide an online application for free or reduced-price meals. Specifically, this bill:

1. Specifies that the governing board of a school district and the county superintendent of schools shall make paper applications for free or reduced-price meals available to pupils at all times during each regular schoolday, and may also make an application electronically available online, provided that the online application complies with specified criteria.

2. Specifies that if the governing board of a school district, a county office of education, or a school food service authority chooses to provide access to an online application for free or reduced-price meals, the online application shall comply with all of the following requirements:

   1. Include a link to the Internet Web site on which translated applications are posted by the United States Department of Agriculture, with instructions in that language that inform the applicant how to submit the application.

   2. Require completion of only those questions that are necessary for determining eligibility.

   3. Include clear instructions for families that are homeless or are migrants.

   4. Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Children’s Online Privacy Protection Act of 1998 (Public Law 105-277).

   5. Include links to all of the following:

      1. The online application to CalFresh.

      2. The online single state application for health care.

      3. The Internet Web site maintained by the State Department of Public Health providing ZIP-Code-specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.

      4. The Internet Web site of a summer lunch program authorized to participate within the city or school district.

3. Prohibits an online application for free or reduced-price meals to be made available online or made accessible online by a school district, county office of education, or school food service authority if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.

FISCAL EFFECT: According to the Assembly Appropriations Committee, potential Proposition 98/General Fund (GF) reimbursable state mandated costs, likely minor, for school districts and county offices of education (COEs) to provide paper copies of free or reduced priced meal (FRPM) applications available at all times during the regular school day. Current law requires local education agencies (LEAs) to provide access to FRPM applications but does not explicitly specify that "paper" copies shall be made available. This requirement could result in minor printing costs that may be eligible for state reimbursement.

Unknown, likely minor, Proposition 98/GF cost pressure for school districts and COEs to update online FRPM applications (if they chose to provide applications in this format). Whether or not an LEA provides applications through an online format is a local decision and, therefore, the LEA cannot seek reimbursement for these activities.

Unknown state and federal costs to the extent already qualified families are connected to CalFresh, CalWORKs, Medi-Cal and the Special Supplemental Nutrition Program for Women, Infants, and Children Program as a result of this bill.

General Fund administrative costs to the California Department of Education (CDE), in the range of $15,000 to $17,000, to update eligibility materials for the FRPM program to reflect the requirements of this bill.

COMMENTS: This bill establishes requirements for school district, county offices of education and school food service authority to follow if those entities choose to provide an online application for free and reduced-price meals.

According to the author, child hunger can negatively impact classroom learning and has long-term consequences to academic outcomes and child brain development. The National School Lunch Program (NSLP) is one of the best ways to address child hunger during the school year. The federally funded program is guided by state and federal law and guidance. Current state and federal law requires federal school lunch program participating entities to follow certain procedures and establish certain protections, but the current statute is silent on the topic of online applications, which several school districts are voluntarily making available to parents. This bill seeks to address the problem of lack of parity of rights and protections for children whose parents are applying using online applications and support the use of new technology to increase access to materials translated by federal administrators and to other online resources that can help prevent hunger and illness among children. This bill does not require schools to provide an online application, it only establishes basic requirements of those online applications should the school district or school food entity chose to make one available to parents.

Paper vs Electronic Applications: Current law requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. This bill authorizes school districts, county offices of education and school food service authority to also make an electronic application available online. This bill requires, if districts, county offices or school food service authority choose to offer an electronic application, the electronic application to include links to the following information that is not currently required to be provided with the paper application:

1. The California Department of Public Health's Web site providing zip code specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.

2. The Web site of a summer lunch program authorized to participate within the city or school district.

Current law authorizes and encourages, but does not require, paper applications to include information about Medi-Cal and CalFresh. According to the author, current practice is to provide clear instructions for families that are homeless or migrant. This bill requires both paper and electronic applications to include clear instructions for families that are homeless or migrant, and requires electronic applications to include links to applications for CalFresh and health care, in addition to the information cited above.

Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087 FN: 0001553

SENATE THIRD READING

STR Bill Id:SB 708

Author:(Mendoza)

As Amended Ver:July 16, 2015

Majority vote

SENATE VOTE: 38-0

SUMMARY: Establishes requirements for school districts and county offices of education, if they choose to provide an online application for free or reduced-price meals. Specifically, this bill:

1. Specifies that the governing board of a school district and the county superintendent of schools shall make paper applications for free or reduced-price meals available to pupils at all times during each regular schoolday, and may also make an application electronically available online, provided that the online application complies with specified criteria.

2. Specifies that if the governing board of a school district, a county office of education, or a school food service personnel chooses to provide access to an online application for free or reduced-price meals, the online application shall comply with all of the following requirements:

   1. Include a link to the Internet Web site on which translated applications are posted by the United States Department of Agriculture, with instructions in that language that inform the applicant how to submit the application.

   2. Require completion of only those questions that are necessary for determining eligibility.

   3. Include clear instructions for families that are homeless or are migrants.

   4. Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Children's Online Privacy Protection Act of 1998 (Public Law 105-277).

   5. Include links to all of the following:

      1. The online application to CalFresh.

      2. The online single state application for health care.

      3. The Internet Web site maintained by the State Department of Public Health providing ZIP-Code-specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.

      4. The Internet Web site of a summer lunch program authorized to participate within the city or school district.

3. Prohibits an online application for free or reduced-price meals to be made available online or made accessible online by a school district, county office of education, or school food service personnel if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.

FISCAL EFFECT: According to the Assembly Appropriations Committee, potential Proposition 98(1988)/General Fund (GF) reimbursable state mandated costs, likely minor, for school districts and county offices of education (COEs) to provide paper copies of free or reduced priced meal (FRPM) applications available at all times during the regular school day. Current law requires local education agencies (LEAs) to provide access to FRPM applications but does not explicitly specify that "paper" copies shall be made available. This requirement could result in minor printing costs that may be eligible for state reimbursement.

Unknown, likely minor, Proposition 98/GF cost pressure for school districts and COEs to update online FRPM applications (if they chose to provide applications in this format). Whether or not an LEA provides applications through an online format is a local decision and, therefore, the LEA cannot seek reimbursement for these activities.

Unknown state and federal costs to the extent already qualified families are connected to CalFresh, CalWORKs, Medi-Cal and the Special Supplemental Nutrition Program for Women, Infants, and Children Program as a result of this bill.

General Fund administrative costs to the California Department of Education (CDE), in the range of $15,000 to $17,000, to update eligibility materials for the FRPM program to reflect the requirements of this bill.

COMMENTS: This bill establishes requirements for school district, county offices of education and school food service personnel to follow if those entities choose to provide an online application for free and reduced-price meals.

According to the author, child hunger can negatively impact classroom learning and has long-term consequences to academic outcomes and child brain development. The National School Lunch Program (NSLP) is one of the best ways to address child hunger during the school year. The federally funded program is guided by state and federal law and guidance. Current state and federal law requires federal school lunch program participating entities to follow certain procedures and establish certain protections, but the current statute is silent on the topic of online applications, which several school districts are voluntarily making available to parents. This bill seeks to address the problem of lack of parity of rights and protections for children whose parents are applying using online applications and support the use of new technology to increase access to materials translated by federal administrators and to other online resources that can help prevent hunger and illness among children. This bill does not require schools to provide an online application, it only establishes basic requirements of those online applications should the school district or school food entity chose to make one available to parents.

Paper vs Electronic Applications: Current law requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. This bill authorizes school districts, county offices of education and school food service personnel to also make an electronic application available online. This bill requires, if districts, county offices or school food service personnel choose to offer an electronic application, the electronic application to include links to the following information that is not currently required to be provided with the paper application:

1. The California Department of Public Health's Web site providing zip code specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.

2. The Web site of a summer lunch program authorized to participate within the city or school district.

Current law authorizes and encourages, but does not require, paper applications to include information about Medi-Cal and CalFresh. According to the author, current practice is to provide clear instructions for families that are homeless or migrant. This bill requires both paper and electronic applications to include clear instructions for families that are homeless or migrant, and requires electronic applications to include links to applications for CalFresh and health care, in addition to the information cited above.

Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087 FN: 0001464

Date of Hearing: July 15, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 708

Author:(Mendoza) – As Amended Ver:July 9, 2015

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

SUMMARY:

This bill establishes requirements for school districts and county offices of education (COEs), if they choose to provide an online application for free or reduced-price meals (FRPM). Specifically, this bill:

1. Requires the governing board of a school district and the county superintendent of schools to make paper applications for FRPM available to pupils at all times during each regular schoolday. Authorizes electronic applications to be made available, provided that the online application complies with specified criteria.

2. Specifies that if the school district, county office of education (COE), or school food service personnel chooses to provide online FRPM applications, the application must comply with all of the following requirements:

   1. Include a link to translated applications posted by the United States Department of Agriculture, with instructions in that language that inform the applicant how to submit the application.

   2. Require completion of only those questions that are necessary for determining eligibility.

   3. Include clear instructions for families that are homeless or are migrants.

   4. Comply with the privacy rights and disclosure protections established under federal law.

   5. Include links to all of the following: the online application to CalFresh; the online single state application for health care; the website maintained by the State Department of Public Health that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children; and, the web site of a summer lunch program authorized to participate within the city or school district.

3. Prohibits an online FRPM application to be made available online or made accessible online if the application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.

FISCAL EFFECT:

1. Potential Proposition 98/GF reimbursable state mandated costs, likely minor, for school districts and county offices of education (COEs) to provide paper copies of FRPM applications available at all times during the regular school day. Current law requires LEAs to provide access to FRPM applications but does not explicitly specify that "paper" copies shall be made available. This requirement could result in minor printing costs that may be eligible for state reimbursement.

2. Unknown, likely minor, Proposition 98/GF cost pressure for school districts and COEs to update online FRPM applications (if they chose to provide applications in this format). Whether or not an LEA provides applications through an online format is a local decision and, therefore, the LEA cannot seek reimbursement for these activities.

3. Unknown state and federal costs to the extent already qualified families are connected to CalFresh, CalWORKs, Medi-Cal and the Special Supplemental Nutrition Program for Women, Infants, and Children Program as a result of this bill.

4. General Fund administrative costs to the California Department of Education (CDE), in the range of $15,000 to $17,000, to update eligibility materials for the FRPM program to reflect the requirements of this bill.

COMMENTS:

1. Purpose. According to the author, child hunger can negatively impact classroom learning and has long-term consequences to academic outcomes and child brain development. The National School Lunch Program (NSLP) is one of the best ways to address child hunger during the school year. Current state and federal law requires federal school lunch program participating entities to follow certain procedures and establish certain protections, but the current statute is silent on the topic of online applications, which several school districts are voluntarily making available to parents.

This bill seeks to address the problem of lack of parity of rights and protections for children whose parents are applying using online applications and support the use of new technology to increase access to other online resources that can help prevent hunger and illness among children.

2. Technical amendment. The State Department of Public Health has suggested the following amendment, which the author has agreed to accept:

SEC 2. 49557 (a)(3)(E)(iii)  The Internet Web site page maintained by the State Department of Public Health entitled About WIC and How to Apply, or another web-page identified by the Department that connects families  providing ZIP-Code-specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.

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

Date of Hearing: July 1, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 708

Author:(Mendoza) – As Amended Ver:April 16, 2015

SENATE VOTE: 38-0

SUBJECT: Pupil nutrition: free or reduced-price meals: online applications.

SUMMARY: Establishes requirements for school districts and county offices of education, if they choose to provide an online application for free or reduced-price meals. Specifically, this bill:

1. Specifies that the governing board of a school district and the county superintendent of schools shall make paper applications for free or reduced-price meals available to pupils at all times during each regular schoolday, and may also make an application electronically available online, provided that the online application complies with specified criteria.

2. Specifies that if the governing board of a school district, a county office of education, or a school food service officer chooses to provide access to an online application for free or reduced-price meals, the online application shall comply with all of the following requirements:

   1. Include a link to the Internet Web site on which translated applications are posted by the United States Department of Agriculture, with instructions in that language that inform the applicant how to submit the application. The Legislature finds and declares that federal guidelines require school food authorities to accept and process these applications if they are submitted to the school food authority.

   2. Require completion of only those questions that are necessary for determining eligibility.

   3. Include clear instructions for families that are homeless or are migrants.

   4. Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Children’s Online Privacy Protection Act of 1998 (Public Law 105-277).

   5. Include links to all of the following:

      1. The online application to CalFresh.

      2. The online single state application for health care.

      3. The Internet Web site maintained by the State Department of Public Health providing ZIP-Code-specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.

      4. The Internet Web site of a summer lunch program authorized to participate within the city or school district.

3. Prohibits an online application for free or reduced-price meals to be made available online or made accessible online by a school district, county office of education, or school food service officer if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.

EXISTING LAW:

1. Requires each school district or county office of education to provide for each needy student one nutritionally adequate free or reduced-price meal during each schoolday. (Education Code 49550)
   
   

2. Requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. (EC 49557)
   
   

3. Encourages each school district and county office of education to include information that parents may use to request information concerning the Medi-Cal program, and the Healthy Families Program. (EC 49557.1)
   
   

4. Authorizes school districts or county offices of education to incorporate information relative to Medi-Cal and health care coverage through the California Health Benefit Exchange into the School Lunch Program application packet or notification of eligibility. (EC 49557.2)
   
   

5. Requires all applications and records concerning any individual made or kept by any public officer or agency relating to free or reduced-price meal eligibility to be confidential, and may not be open to examination for any purpose not directly connected with the administration of a free or reduced-price meal program. (EC 49558)
   
   

FISCAL EFFECT: According to the Senate Appropriations Committee, this bill’s authorization of school districts and county offices of education to make electronic applications for free or reduced-priced meals available will not likely result in additional costs to the state as these would be local decisions. Any decision to make these applications available online would result in a cost pressure to make any changes necessary to ensure the application complies with the requirements in this bill.

The California Department of Education (CDE) indicates that it annually makes updates to eligibility materials for the free or reduced-priced meals program available to local educational agencies. CDE anticipates that this bill would generate workload between $15,000 to $17,000 General Fund to update materials to reflect the requirements of this bill.

To the extent this bill increases participation in the other public benefit programs, as intended, it could result in additional costs to the state. For example, if an additional 50 members participate in Medi-Cal because they were encouraged to do so by having access to information included in the free or reduced-price meals application, the annual impact the state could be about $66,000 in a mix of federal and General Fund (assuming a per member, per month cost of $110).

COMMENTS: This bill establishes requirements for school district, county offices of education and school food service officers to follow if those entities choose to provide an online application for free and reduced-price meals.

According to the author, child hunger can negatively impact classroom learning and has long-term consequences to academic outcomes and child brain development. The National School Lunch Program (NSLP) is one of the best ways to address child hunger during the school year. The federally funded program is guided by state and federal law and guidance. Current state and federal law requires federal school lunch program participating entities to follow certain procedures and establish certain protections, but the current statute is silent on the topic of online applications, which several school districts are voluntarily making available to parents. SB 708 seeks to address the problem of lack of parity of rights and protections for children whose parents are applying using online applications and support the use of new technology to increase access to materials translated by federal administrators and to other online resources that can help prevent hunger and illness among children. SB 708 does not require schools to provide an online application, it only establishes basic requirements of those online applications should the school district or school food entity chose to make one available to parents.

Paper vs Electronic Applications: Current law requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. This bill authorizes school districts, county offices of education and school food service officers to also make an electronic application available online. This bill requires, if districts, county offices or school food service officers choose to offer an electronic application, the electronic application to include links to the following information that is not currently required to be provided with the paper application:

1. The California Department of Public Health’s website providing zip code specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.
   
   

2. The website of a summer lunch program authorized to participate within the city or school district.
   
   

Current law authorizes and encourages, but does not require, paper applications to include information about Medi-Cal and CalFresh. According to the author, current practice is to provide clear instructions for families that are homeless or migrant. This bill requires both paper and electronic applications to include clear instructions for families that are homeless or migrant, and requires electronic applications to include links to applications for CalFresh and health care, in addition to the information cited above.

Online Security: This bill requires an online application to comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act and the federal Children’s Online Privacy Protection Act. This bill also prohibits an online application to be made available or accessible if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.

Eligibility Determination: This bill requires an online application to require completion of only those questions that are necessary for determining eligibility. According to the author, schools often use applications to collect other information of interest to them, but that information is not required to be included in the school meal application. Those additional items can be skipped on a paper application and schools are required to accept and process the application if the information specific to free or reduced-price meals is complete. It’s possible that an electronic application could include mandatory fields (require an answer) for each point of information, even if that information is not required for the free or reduced-price meal application.

Committee Amendment: Staff recommends the bill be amended to change the term "school food service officer" to "school food service personnel."

Related Legislation: AB 422 (Nazarian), Chapter 440 from 2013, added information regarding health care coverage available through the California Health Benefit Exchange to notifications that may be included at the option of the school district or county superintendent on applications for the School Lunch Program.

AB 402 (Skinner), Chapter 504 from 2011, authorized school districts and county offices of education to share information provided on the School Lunch Program application with the local agency that determines CalFresh program eligibility, or to an agency that determines eligibility for nutrition assistance programs. Required each county to determine eligibility for CalFresh based on the information shared by a school district or county office of education and to enroll determined eligible pupils.

REGISTERED SUPPORT / OPPOSITION:

Support

American Heart Association/American Stroke Association

California Association of Food Banks

California Hunger Action Coalition

California Pan-Ethnic Health Network

California School Employees Association

California Teachers Association

Coalition of California Welfare Rights Organization

Courage Campaign

National Association of Social Workers

St. Anthony Foundation

Western Center on Law and Poverty

Opposition

None on file.

Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087

 THIRD READING 

Bill No: SB 708

Author: Mendoza (D)

Amended: 4/16/15

Vote: 21

SENATE EDUCATION COMMITTEE: 9-0, 4/22/15

AYES: Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SUBJECT: Pupil nutrition: free or reduced-price meals: online applications

SOURCE: Western Center on Law & Poverty

DIGEST: This bill authorizes school districts and county offices of education to make electronic applications for free or reduced-price meals available, and requires both paper and electronic applications to contain clear instructions for families that are homeless or are migrants.

ANALYSIS:

Existing law:

1. Requires each school district or county office of education to provide for each needy student one nutritionally adequate free or reduced-price meal during each schoolday. (Education Code § 49550)
   
   

2. Requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. (EC § 49557)
   
   

3. Encourages each school district and county office of education to include information that parents may use to request information concerning the Medi-Cal program, and the Healthy Families Program. (EC § 49557.1)
   
   

4. Authorizes school districts or county offices of education to incorporate information relative to Medi-Cal and health care coverage through the California Health Benefit Exchange into the School Lunch Program application packet or notification of eligibility. (EC § 49557.2)
   
   

5. Requires all applications and records concerning any individual made or kept by any public officer or agency relating to free or reduced-price meal eligibility to be confidential, and may not be open to examination for any purpose not directly connected with the administration of a free or reduced-price meal program. (EC § 49558)

This bill:

1. Authorizes school districts and county offices of education to make an application for free or reduced-price meals electronically available online, provided that the online application meets the requirements described in #3.
   
   

2. Requires both the paper and electronic application, pursuant to federal and state guidelines, to contain clear instructions for families that are homeless or are migrants.
   
   

3. Requires the online application, if a school district, county office of education, or a school food service officer chooses to provide access to an online application, to comply with all of the following requirements:
   
   

   1. Include a link to the Internet Web site (website) on which translated applications are posted by the United States Department of Agriculture with instructions in that language that inform the applicant how to submit the application.
      
      

   2. Require completion of only those questions that are necessary for determining eligibility.
      
      

   3. Include clear instructions for families that are homeless or are migrants.
      
      

   4. Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act and the federal Children’s Online Privacy Protection Act.
      
      

   5. Include links to all of the following:
      
      

      1. The online application to CalFresh.
         
         

      2. The online single state application for health care.
         
         

      3. The California Department of Public Health’s website providing zip code specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.
         
         

      4. The website of a summer lunch program authorized to participate within the city or school district.
         
         

4. Prohibits an online application for free or reduced-price meals to be made available or accessible online by a school district, county office of education, or school food service officer if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.
   
   

5. States legislative findings and declarations that federal guidelines require school food authorities to accept and process applications if they are submitted to the school food authority.

Comments

1. Paper vs electronic. Existing law requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. This bill authorizes school districts and county offices of education to also make an electronic application available online. This bill requires, if districts and county offices choose to offer an electronic application, the electronic application to include links to the following information that is not currently required to be provided with the paper application:
   
   

   1. The California Department of Public Health’s website providing zip code specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.
      
      

   2. The website of a summer lunch program authorized to participate within the city or school district.
      
      

Existing law authorizes and encourages, but does not require, paper applications to include information about Medi-Cal and CalFresh. According to the author, current practice is to provide clear instructions for families that are homeless or migrant. This bill requires both paper and electronic applications to include clear instructions for families that are homeless or migrant, and requires electronic applications to include links to applications for CalFresh and health care, in addition to the information cited above.

1. Online security. This bill requires an online application to comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act and the federal Children’s Online Privacy Protection Act. This bill also prohibits an online application to be made available or accessible if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.
   
   

2. Eligibility determination. This bill requires an online application to require completion of only those questions that are necessary for determining eligibility. According to the author, schools often use applications to collect other information of interest to them, but that information is not required to be included in the school meal application. Those additional items can be skipped on a paper application and schools are required to accept and process the application if the information specific to free or reduced-price meals is complete. It’s possible that an electronic application could include mandatory fields (require an answer) for each point of information, even if that information is not required for the free or reduced-price meal application.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

1. This bill’s authorization of school districts and county offices of education to make electronic applications for free or reduced-priced meals available will not likely result in additional costs to the state as these would be local decisions. Any decision to make these applications available online would result in a cost pressure to make any changes necessary to ensure the application complies with the requirements in this bill.
   
   

2. The California Department of Education (CDE) indicates that it annually makes updates to eligibility materials for the free or reduced-priced meals program available to local educational agencies. CDE anticipates that this bill would generate workload between $15,000 to $17,000 General Fund to update materials to reflect the requirements of this bill.
   
   

3. To the extent this bill increases participation in the other public benefit programs, as intended, it could result in additional costs to the state. For example, if an additional 50 members participate in Medi-Cal because they were encouraged to do so by having access to information included in the free or reduced-price meals application, the annual impact the state could be about $66,000 in a mix of federal and General Fund (assuming a per member, per month cost of $110).

SUPPORT: (Verified 5/28/15)

Western Center on Law & Poverty (source)

California Association of Food Banks

California Hunger Action Coalition

California School Employees Association

California Teachers Association

Coalition of California Welfare Rights Organizations, Inc.

Community Action Partnership of Orange County, Orange County Food Bank

Courage Campaign

Orange County Food Access Coalition

San Diego Hunger Coalition

OPPOSITION: (Verified 5/28/15)

None received

ARGUMENTS IN SUPPORT: According to the Western Center on Law & Poverty, State and federal law requires direct certification of children for the free school breakfasts and lunches if they live in a home receiving CalFresh benefits. However, the application process for CalFresh can take up to 30 days. Once a household has been determined eligible for CalFresh, it could take up to 60 days to certify a child in a household for free meals through the school lunch program. Additionally, while the school district is required to directly certify children for the school lunch program, California’s Department of Education has failed to meet the federal requirement that 95% of the children on the Supplemental Nutrition Assistance Program are directly certified.

Prepared by: Lynn Lorber / ED. / (916) 651-4105

6/1/15 9:57:06

**** END ****

 THIRD READING  

Bill No: SB 708

Author: Mendoza (D)

Amended: 4/16/15

Vote: 21

SENATE EDUCATION COMMITTEE: 9-0, 4/22/15

AYES: Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

SUBJECT: Pupil nutrition: free or reduced-price meals: online applications

SOURCE: Western Center on Law & Poverty

DIGEST: This bill authorizes school districts and county offices of education to make electronic applications for free or reduced-price meals available, and requires both paper and electronic applications to contain clear instructions for families that are homeless or are migrants.

ANALYSIS:

Existing law:

1. Requires each school district or county office of education to provide for each needy student one nutritionally adequate free or reduced-price meal during each schoolday. (Education Code § 49550)
   
   

2. Requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. (EC § 49557)
   
   

3. Encourages each school district and county office of education to include information that parents may use to request information concerning the Medi-Cal program, and the Healthy Families Program. (EC § 49557.1)
   
   

4. Authorizes school districts or county offices of education to incorporate information relative to Medi-Cal and health care coverage through the California Health Benefit Exchange into the School Lunch Program application packet or notification of eligibility. (EC § 49557.2)
   
   

5. Requires all applications and records concerning any individual made or kept by any public officer or agency relating to free or reduced-price meal eligibility to be confidential, and may not be open to examination for any purpose not directly connected with the administration of a free or reduced-price meal program. (EC § 49558)

This bill:

1. Authorizes school districts and county offices of education to make an application for free or reduced-price meals electronically available online, provided that the online application meets the requirements described in #3.
   
   

2. Requires both the paper and electronic application, pursuant to federal and state guidelines, to contain clear instructions for families that are homeless or are migrants.
   
   

3. Requires the online application, if a school district, county office of education, or a school food service officer chooses to provide access to an online application, to comply with all of the following requirements:
   
   

   1. Include a link to the Internet Web site (website) on which translated applications are posted by the United States Department of Agriculture with instructions in that language that inform the applicant how to submit the application.
      
      

   2. Require completion of only those questions that are necessary for determining eligibility.
      
      

   3. Include clear instructions for families that are homeless or are migrants.
      
      

   4. Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act and the federal Children’s Online Privacy Protection Act.
      
      

   5. Include links to all of the following:
      
      

      1. The online application to CalFresh.
         
         

      2. The online single state application for health care.
         
         

      3. The California Department of Public Health’s website providing zip code specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.
         
         

      4. The website of a summer lunch program authorized to participate within the city or school district.
         
         

4. Prohibits an online application for free or reduced-price meals to be made available or accessible online by a school district, county office of education, or school food service officer if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.
   
   

5. States legislative findings and declarations that federal guidelines require school food authorities to accept and process applications if they are submitted to the school food authority.

Comments

1. Paper vs electronic. Existing law requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. This bill authorizes school districts and county offices of education to also make an electronic application available online. This bill requires, if districts and county offices choose to offer an electronic application, the electronic application to include links to the following information that is not currently required to be provided with the paper application:
   
   

   1. The California Department of Public Health’s website providing zip code specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.
      
      

   2. The website of a summer lunch program authorized to participate within the city or school district.
      
      

Existing law authorizes and encourages, but does not require, paper applications to include information about Medi-Cal and CalFresh. According to the author, current practice is to provide clear instructions for families that are homeless or migrant. This bill requires both paper and electronic applications to include clear instructions for families that are homeless or migrant, and requires electronic applications to include links to applications for CalFresh and health care, in addition to the information cited above.

1. Online security. This bill requires an online application to comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act and the federal Children’s Online Privacy Protection Act. This bill also prohibits an online application to be made available or accessible if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.
   
   

2. Eligibility determination. This bill requires an online application to require completion of only those questions that are necessary for determining eligibility. According to the author, schools often use applications to collect other information of interest to them, but that information is not required to be included in the school meal application. Those additional items can be skipped on a paper application and schools are required to accept and process the application if the information specific to free or reduced-price meals is complete. It’s possible that an electronic application could include mandatory fields (require an answer) for each point of information, even if that information is not required for the free or reduced-price meal application.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

1. This bill’s authorization of school districts and county offices of education to make electronic applications for free or reduced-priced meals available will not likely result in additional costs to the state as these would be local decisions. Any decision to make these applications available online would result in a cost pressure to make any changes necessary to ensure the application complies with the requirements in this bill.
   
   

2. The California Department of Education (CDE) indicates that it annually makes updates to eligibility materials for the free or reduced-priced meals program available to local educational agencies. CDE anticipates that this bill would generate workload between $15,000 to $17,000 General Fund to update materials to reflect the requirements of this bill.
   
   

3. To the extent this bill increases participation in the other public benefit programs, as intended, it could result in additional costs to the state. For example, if an additional 50 members participate in Medi-Cal because they were encouraged to do so by having access to information included in the free or reduced-price meals application, the annual impact the state could be about $66,000 in a mix of federal and General Fund (assuming a per member, per month cost of $110).

SUPPORT: (Verified 5/28/15)

Western Center on Law & Poverty (source)

California Association of Food Banks

California Hunger Action Coalition

California School Employees Association

California Teachers Association

Coalition of California Welfare Rights Organizations, Inc.

Community Action Partnership of Orange County

Courage Campaign

Orange County Food Access Coalition

San Diego Hunger Coalition

OPPOSITION: (Verified 5/28/15)

None received

ARGUMENTS IN SUPPORT: According to the Western Center on Law & Poverty, State and federal law requires direct certification of children for the free school breakfasts and lunches if they live in a home receiving CalFresh benefits. However, the application process for CalFresh can take up to 30 days. Once a household has been determined eligible for CalFresh, it could take up to 60 days to certify a child in a household for free meals through the school lunch program. Additionally, while the school district is required to directly certify children for the school lunch program, California’s Department of Education has failed to meet the federal requirement that 95% of the children on the Supplemental Nutrition Assistance Program are directly certified.

Prepared by: Lynn Lorber / ED. / (916) 651-4105

5/31/15 12:45:55

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 708 (Mendoza) - Pupil nutrition: free or reduced-price meals: online applications.

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill authorizes school districts and county offices of education to make electronic applications available for free or reduced-priced meals. This bill also requires both paper and electronic applications to contain clear instructions for families that are homeless or are migrants.

Fiscal Impact:

• This bill’s authorization of school districts and county offices of education to make electronic applications for free or reduced-priced meals available will not likely result in additional costs to the state as these would be local decisions. Any decision to make these applications available online would result in a cost pressure to make any changes necessary to ensure the application complies with the requirements in this bill.
  
  

• The California Department of Education (CDE) indicates that it annually makes updates to eligibility materials for the free or reduced-priced meals program available to local educational agencies. CDE anticipates that this bill would generate workload between $15,000 to $17,000 General Fund to update materials to reflect the requirements of this bill.
  
  

• To the extent this bill increases participation in the other public benefit programs, as intended, it could result in additional costs to the state. For example, if an additional 50 members participate in Medi-Cal because they were encouraged to do so by having access to information included in the free or reduced-price meals application, the annual impact the state could be about $66,000 in a mix of federal and General Fund (assuming a per member, per month cost of $110).

Background:

Current law requires each school district or county office of education to provide for each student in need one nutritionally adequate free or reduced-price meal during each school day.

It also requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular school day.

In addition, school districts or county offices of education are authorized to incorporate information relative to Medi-Cal and health care coverage through the California Health Benefit Exchange into the School Lunch Program application packet or notification of eligibility. (EC § 49557.2)

Existing law requires all applications and records concerning any individual made or kept by any public officer or agency relating to free or reduced-price meal eligibility to be confidential; they may not be open to examination for any purpose not directly connected with the administration of a free or reduced-price meal program. (EC § 49558)

Proposed Law:

This bill authorizes school districts and county offices of education to make electronic applications for free or reduced-priced meals available, contingent on compliance with specified requirements. This bill also requires both paper and electronic applications to contain clear instructions for families that are homeless or are migrants.

Specifically, this bill requires that if the governing board of a school district, a county office of education, or a school food service officer chooses to provide access to an online application, the application must contain certain components. These components include: a link to websites in which translated applications are posted by the United States Department of Agriculture; only necessary questions to determine eligibility; clear instructions for families that are homeless or are migrants; compliance with privacy rights and disclosure protections, as specified; links to applications for CalFresh and health care and links to the State Department of Public Health website that provides referrals to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and a summer lunch program.

Related Legislation:

1. AB 608 (Gordon, 2015) among other things, requires a county human services agency to inform households applying for CalFresh that if the household is certified for CalFresh, children under five years of age in the household are income-eligible for the WIC Program, and all children in the household are directly certified for the National School Lunch Program and the School Breakfast Program without further application. AB 608 is pending in the Senate Rules Committee.

Chapter 440, Statutes of 2013, (AB 422, Nazarian) adds information regarding health care coverage available through the California Health Benefit Exchange to notifications that school districts or county superintendents may include on applications for the School Lunch Program.

Chapter 504, Statutes of 2011, (AB 402, Skinner) authorizes school districts and county offices of education to share information provided on the School Lunch Program application with the local agency that determines CalFresh program eligibility, or to an agency that determines eligibility for nutrition assistance programs.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: SB 708

Subject: Pupil nutrition: free or reduced-price meals: online applications

SUMMARY

This bill authorizes school districts and county offices of education to make electronic applications for free or reduced-price meals available, and requires both paper and electronic applications to contain clear instructions for families that are homeless or are migrants.

BACKGROUND

Current law:

1. Requires each school district or county office of education to provide for each needy student one nutritionally adequate free or reduced-price meal during each schoolday. (Education Code § 49550)
   
   

2. Requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. (EC § 49557)
   
   

3. Encourages each school district and county office of education to include information that parents may use to request information concerning the Medi-Cal program, and the Healthy Families Program. (EC § 49557.1)
   
   

4. Authorizes school districts or county offices of education to incorporate information relative to Medi-Cal and health care coverage through the California Health Benefit Exchange into the School Lunch Program application packet or notification of eligibility. (EC § 49557.2)
   
   

5. Requires all applications and records concerning any individual made or kept by any public officer or agency relating to free or reduced-price meal eligibility to be confidential, and may not be open to examination for any purpose not directly connected with the administration of a free or reduced-price meal program.

(EC § 49558)

ANALYSIS

This bill authorizes school districts and county offices of education to make electronic applications for free or reduced-price meals available, and requires both paper and electronic applications to contain clear instructions for families that are homeless or are migrants. Specifically, this bill:

1. Authorizes school districts and county offices of education to make an application for free or reduced-price meals electronically available online, provided that the online application meets the requirements described in #3.
   
   

2. Requires both the paper and electronic application, pursuant to federal and state guidelines, to contain clear instructions for families that are homeless or are migrants.
   
   

3. Requires the online application, if a school district, county office of education, or a school food service officer chooses to provide access to an online application, to comply with all of the following requirements:
   
   

   1. Include a link to the website on which translated applications are posted by the United States Department of Agriculture with instructions in that language that inform the applicant how to submit the application.
      
      

   2. Require completion of only those questions that are necessary for determining eligibility.
      
      

   3. Include clear instructions for families that are homeless or are migrants.
      
      

   4. Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act and the federal Children’s Online Privacy Protection Act.
      
      

   5. Include links to all of the following:
      
      

      1. The online application to CalFresh.
         
         

      2. The online single state application for health care.
         
         

      3. The California Department of Public Health’s website providing zip code specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.
         
         

      4. The website of a summer lunch program authorized to participate within the city or school district.
         
         

4. Prohibits an online application for free or reduced-price meals to be made available or accessible online by a school district, county office of education, or school food service officer if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.
   
   

5. States legislative findings and declarations that federal guidelines require school food authorities to accept and process applications if they are submitted to the school food authority.

STAFF COMMENTS

1. Need for the bill. According to the author, “SB 708 will reduce the incidence of child hunger by establishing uniform standards for online school meal application. This bill will improve access to translated school meal applications, streamline required information collected for eligibility determination, add links to connect families to other support programs such as CalFresh, add privacy protections for applicants, and include clear instructions to support homeless or migrant youth.”
   
   

2. Paper vs electronic. Current law requires school districts and county offices of education to make applications for free or reduced-price meals available to students at all times during each regular schoolday. This bill authorizes school districts and county offices of education to also make an electronic application available online. This bill requires, if districts and county offices choose to offer an electronic application, the electronic application to include links to the following information that is not currently required to be provided with the paper application:
   
   

   1. The California Department of Public Health’s website providing zip code specific referrals to the Special Supplemental Nutrition Program for Women, Infants and Children.
      
      

   2. The website of a summer lunch program authorized to participate within the city or school district.
      
      

Current law authorizes and encourages, but does not require, paper applications to include information about Medi-Cal and CalFresh. According to the author, current practice is to provide clear instructions for families that are homeless or migrant. This bill requires both paper and electronic applications to include clear instructions for families that are homeless or migrant, and requires electronic applications to include links to applications for CalFresh and health care, in addition to the information cited above.

3. Online security. This bill requires an online application to comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act and the federal Children’s Online Privacy Protection Act. This bill also prohibits an online application to be made available or accessible if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.
   
   

4. Eligibility determination. This bill requires an online application to require completion of only those questions that are necessary for determining eligibility. According to the author, schools often use applications to collect other information of interest to them, but that information is not required to be included in the school meal application. Those additional items can be skipped on a paper application and schools are required to accept and process the application if the information specific to free or reduced-price meals is complete. It’s possible that an electronic application could include mandatory fields (require an answer) for each point of information, even if that information is not required for the free or reduced-price meal application.
   
   

5. Related and prior legislation.
   
   RELATED LEGISLATION
   
   AB 608 (Gordon, 2015) among other things, requires a county human services agency to inform households applying for CalFresh that if the household is certified for CalFresh, children under five years of age in the household are income-eligible for the WIC Program, and all children in the household are directly certified for the National School Lunch Program and the School Breakfast Program without further application. AB 608 also requires the Department of Social Services to inform all CalFresh households annually, prior to the end of the school year, about the summer meal program. AB 608 is scheduled to be heard by the Assembly Appropriations Committee on April 22.
   
   PRIOR LEGISLATION
   
   AB 422 (Nazarian, Ch. 440, 2013) adds information regarding health care coverage available through the California Health Benefit Exchange to notifications that may be included at the option of the school district or county superintendent on applications for the School Lunch Program.
   
   AB 402 (Skinner, Ch. 504, 2011) authorizes school districts and county offices of education to share information provided on the School Lunch Program application with the local agency that determines CalFresh program eligibility, or to an agency that determines eligibility for nutrition assistance programs. Requires each county to determine eligibility for CalFresh based on the information shared by a school district or county office of education and to enroll determined eligible pupils.

SUPPORT

None on current version of the bill.

OPPOSITION

None received.

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