Existing law requires a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide 2 school meals free of charge during each schoolday to any pupil who requests a meal without consideration of the pupils eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service. The meals provided under this provision are required to be nutritiously adequate meals that qualify for federal reimbursement.

Existing law authorizes a school, from the midnight before to 30 minutes after the end of the official schoolday, to sell food other than meals reimbursed by specified federal nutrition programs, only if the food meets dietary guidelines, as specified, depending on grade level.

This bill would provide that nothing in those provisions are required to be construed to prohibit a school from selling to a pupil, after the pupil has been provided a school meal pursuant the provisions described above, the entree from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service.

Existing law requires a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide 2 school meals free of charge during each schoolday to any pupil who requests a meal without consideration of the pupils eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service. The meals provided under this provision are required to be nutritiously adequate meals that qualify for federal reimbursement.

Existing law authorizes a school, from the midnight before to 30 minutes after the end of the official schoolday, to sell food other than meals reimbursed by specified federal nutrition programs, only if the food meets dietary guidelines, as specified, depending on grade level.

This bill would provide that nothing in those provisions are required to be construed to prohibit a school from selling to a pupil, after the pupil has been provided a school meal pursuant the provisions described above, the entree from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service.

Existing law requires a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide 2 school meals free of charge during each schoolday to any pupil who requests a meal without consideration of the pupils eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service. The meals provided under this provision are required to be nutritiously adequate meals that qualify for federal reimbursement.

Existing law authorizes a school, from the midnight before to 30 minutes after the end of the official schoolday, to sell food and beverages, other than meals reimbursed by specified federal nutrition programs, only if the food or beverages meet meets dietary guidelines, as specified, depending on grade level.

This bill would provide that nothing in those provisions are required to be construed to prohibit a school from selling to a pupil, after the pupil has been provided a school meal pursuant the provisions described above, the entree from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service.

Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the school districts. Existing law requires a school district of residence to approve an intradistrict transfer request for a victim of an act of bullying, as provided. If there is no available school for an intradistrict transfer, existing law authorizes a victim of an act of bullying to apply for an interdistrict transfer and prohibits a school district of residence from prohibiting that transfer if the school district of proposed enrollment approves the application for transfer.

This bill would require a school district of residence to also approve an intradistrict transfer request for a pupil of that school district if the school of attendance is in the red or orange performance band in 2 or more of the state measures for 3 consecutive years on the California School Dashboard, as provided. If there is no available school for an intradistrict transfer, the bill would authorize a pupil of a school district, if the school of attendance is in the red or orange performance band in 2 or more of the state measures for 3 consecutive years on the California School Dashboard, to apply for an interdistrict transfer and would prohibit the school district of residence from prohibiting that transfer if the school district of proposed enrollment approves the application for transfer. By requiring school districts to approve intradistrict transfers for certain pupils, the bill would impose a state-mandated local program.

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 the statutory provisions noted above.

 THIRD READING  

Bill No: AB 95

Author: Hoover (R), et al.

Amended: 5/1/23 in Assembly

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/14/23

AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk

ASSEMBLY FLOOR: 71-0, 5/8/23 (Consent) - See last page for vote

SUBJECT: Pupil nutrition: pupil meals

SOURCE: Author

DIGEST:

This bill clarifies that a school may sell an additional meal to a pupil after that pupil has already received a nutritiously adequate meal that qualifies for federal reimbursement.

ANALYSIS:

Existing law:

1. Requires, commencing with the 2022–23 school year, a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide two school meals free of charge during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service period, except for family daycare homes. The meals provided shall be nutritiously adequate meals that qualify for federal reimbursement. (EC § 49501.5)
2. Specifies that in order to provide pupils in high-poverty schools with optimal nutrition for learning and to ensure that schools receive the maximum federal meal reimbursement on or before June 30, 2022, a school district or county superintendent of schools that has a high-poverty school in its jurisdiction shall apply to operate a federal universal meal service provision, which may include, but is not limited to, the Community Eligibility Provision (CEP) or Provision 2. (EC § 49564.3)
3. Defines “Competitive foods” as all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.) available for sale to pupils on the school campus during the schoolday. (EC § 49430(c))
4. Authorizes a school district or county office of education to use funds made available through any federal or state program for the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or do so at its own expense. (EC § 49550)
5. Requires every public school to post the school district’s nutrition and physical activity policies in public view within all cafeterias or other central eating areas. (EC § 49432)

This bill clarifies that a school may sell an additional meal to a pupil after that pupil has already received a nutritiously adequate meal that qualifies for federal reimbursement.

Comments

1. Need for the bill. According to the author, “In the state of California our public schools provide nutritious meal options for students free of charge with the goal of ensuring that all students have access to healthy and satisfying meals so they can focus on their education without being distracted by hunger. AB 95 builds upon the Universal Meals program by authorizing schools to sell a second entrée to students at breakfast or lunch, after the student receives their reimbursable meal. As one can imagine, sometimes one serving at breakfast or lunch may not be enough for the growing 8th grader or a young-student athlete, particularly given the amount of time before they may eat again. This bill would ensure that any student who is still hungry can have access to food with ample nutrition without being turned away.”
2. Meal Reimbursement Rates. School meal reimbursement, by both the federal government and the state, varies each year. In order to receive reimbursement, schools must follow certain meal service options determined by the United States Department of Agriculture (USDA). Depending on the age range of the students served, a full meal consists of a specified amount of fruits, vegetables, grains, meat/meat alternatives, and milk. Most schools throughout the state participate in “offer versus serve,” which allows a student to pick three of the aforementioned five components in order for the school to receive full reimbursement for that student’s meal.

The current federal school lunch reimbursement rates are $4.41 for free lunch and $4.01 for reduced-priced lunch. Schools that serve more than 60% low-income students receive $0.02 more for both free and reduced-priced lunches. The state school lunch reimbursement rate is $0.8950 for both free and reduced-priced lunches.

1. Meals Service Options: USDA Meal Programs or Competitive Food. The California Department of Education, Nutrition Services Division administers many of the USDA meal programs at the state level:

The National School Lunch Program (NSLP). The NSLP is a federally assisted meal program operating in public and nonprofit private schools and residential childcare institutions. It provides nutritionally balanced, low-cost or free lunches to children each school day.

1. The School Breakfast Program (SBP). The SBP provides reimbursement to states to operate nonprofit breakfast programs in schools and residential childcare institutions. The Food and Nutrition Service of the USDA administers the SBP at the federal level.
2. The Child and Adult Care Food Program (CACFP). The CACFP is a federal program that provides reimbursements for nutritious meals and snacks to eligible children and adults who are enrolled for care at participating childcare centers, daycare homes, and adult daycare centers. The CACFP also provides reimbursements for meals served to children and youth participating in afterschool programs, children residing in emergency shelters, and adults over the age of 60 or living with a disability and enrolled in daycare facilities.
3. The Summer Food Service Program (SFSP). The SFSP is a federally-funded, state-administered program. The SFSP reimburses program operators who serve free healthy meals and snacks to children and teens in low-income areas.
4. The Seamless Summer Option (SSO). Schools participating in the NSLP or SBP are eligible to apply for the SSO. This option allows public schools to combine features of the School Nutrition Programs and the SFSP along with reduced paperwork requirements, making it easier for schools to feed children during the traditional summer vacation periods and, for year-round schools, long school vacation periods.

All public non-charter schools participating in the NSLP or SBP must follow state and federal requirements for competitive foods and beverages. All charter or private schools participating in the NSLP or SBP must follow only the federal requirements.

This bill requires schools to provide a federally reimbursed meal service option before selling an entrée from that meal service, which is then a competitive food.

1. Competitive Foods. Competitive foods and beverages, also known as “Smart Snacks,” are those that are sold, to students on the school campus during the school day, and outside of the federally reimbursable meal programs. 

Competitive food and beverage requirements in California began in 1976 with rules that govern food and beverage sales by student organizations. Since 2001, due to awareness of the obesity epidemic, there have been numerous state laws passed which currently shape the competitive foods environment in California schools for all foods and beverages sold to students. In July 2014, schools implemented the USDA competitive food regulations called Smart Snacks in School (SSIS). In January 2016, California passed SB 1169 (McGuire, Chapter 280, Statutes of 2016), which streamlines state competitive food rules with the federal SSIS rule. Today’s rules encompass a comprehensive approach to food and beverage sales by all groups or individuals during the school day and throughout the school campus.

1. Solving For Food Insecurity Among Students: Universal Meals. Beginning the 2022-23 school year, the state required school districts and charter schools to provide all students two free meals per day, regardless of free meal eligibility. The state reimburses school districts and charter schools for the cost of the meal up to the federal free meal reimbursement rates for all students who are not eligible for federal free meals.

Related/Prior Legislation

SB 348 (Skinner, 2023) (1) requires charter schools to provide two meals, rather than one, beginning the 2024-25 school year; (2) requires a local educational agency (LEA), county superintendent of schools, or charter school to serve breakfast meals on each four-hour schoolday, as specified; (3) requires the California Department of Education (CDE) to submit a waiver to the USDA to allow school to serve meals to student in non-congregate setting on short days; (4) permits a LEA, county Office of Education (COE), or charter school to choose to participate in a state or federal reimbursement program or competitive foods, as specified; (5) requires the CDE to conduct a survey to make a recommendation on the appropriate amount of time that is adequate for a pupil to eat school meals; (6) requires CDE, in collaboration with the Department of Social Services (DSS) to maximize participation in the federal Summer Electronic Benefit Transfer For Children (SEBTC), as specified; and (7) requires CDE, in conjunction with specified stakeholders, to develop nutrition requirements, as specified.

AB 1178 (L.Rivas, 2023) requires, contingent on appropriation, the CDE to reimburse with state funds federal summer meal program operators for meals served to the guardian of a student receiving a meal from a summer meal program.

AB 558 (Nazarian, Chapter 905, Statutes of 2022) required, by July 1, 2023, the CDE, in consultation with the State DSS, to develop guidance for LEAs that maintain kindergarten or any of grades 1 to 6, inclusive, on how to serve eligible non-school aged children breakfast or a morning snack at an LEA schoolsite.

AB 130 (Committee on Budget, Chapter 44, Statutes of 2021) established a California Universal Meals Program with changes to the state meal mandate and new requirements for high poverty schools to apply for a federal provision.

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

SUPPORT: (Verified 6/15/23)

None received

OPPOSITION: (Verified 6/15/23)

Kern County Superintendent of Schools

ARGUMENTS IN OPPOSITION: According to the Kern County Superintendent of Schools, “On behalf of Kern County Superintendent of School Office as well as the 46 school districts in Kern County, I am writing to express our opposition to AB 95, which would amend Education Code to require a school district of residence to approve and intradistrict transfer requires for a student if their school of attendance is in the red or orange performance bands in two or more of the states measures for three consecutive years, as measured by the California School Dashboard.”

ASSEMBLY FLOOR: 71-0, 5/8/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, Mathis, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Arambula, Juan Carrillo, Cervantes, Hart, Irwin, Lee, McCarty, Ortega, Ward

Prepared by: Kordell Hampton / ED. / (916) 651-4105

6/16/23 13:16:46

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: AB 95 Hearing Date: June 14, 2023

Subject: Pupil nutrition: pupil meals.

SUMMARY

This bill clarifies that a school may sell an additional meal to a pupil after that pupil has already received a nutritiously adequate meal that qualifies for federal reimbursement.

BACKGROUND

Existing Law:

Education Code (EC)

1. Commencing with the 2022–23 school year, requires a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide two school meals free of charge during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service period, except for family daycare homes. The meals provided shall be nutritiously adequate meals that qualify for federal reimbursement. (EC § 49501.5)
2. Specifies that in order to provide pupils in high-poverty schools with optimal nutrition for learning and to ensure that schools receive the maximum federal meal reimbursement, on or before June 30, 2022, a school district or county superintendent of schools that has a high-poverty school in its jurisdiction shall apply to operate a federal universal meal service provision, which may include, but is not limited to, the Community Eligibility Provision (CEP) or Provision 2. (EC § 49564.3)
3. Defines  “Competitive foods” as all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.) available for sale to pupils on the school campus during the schoolday. (EC § 49430(c))
4. Authorizes a school district or county office of education to use funds made available through any federal or state program for the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or do so at its own expense. (EC § 49550)
5. Requires every public school to post the school district’s nutrition and physical activity policies, in public view within all school cafeterias or other central eating areas. (EC § 49432)

ANALYSIS

This bill clarifies that a school may sell an additional meal to a pupil after that pupil has already received a nutritiously adequate meal that qualifies for federal reimbursement.

STAFF COMMENTS

1. Need for the bill. According to the author, “In the state of California our public schools provide nutritious meal options for students free of charge with the goal of ensuring that all students have access to healthy and satisfying meals so they can focus on their education without being distracted by hunger. AB 95 builds upon the Universal Meals program by authorizing schools to sell a second entrée to students at breakfast or lunch, after the student receives their reimbursable meal. As one can imagine, sometimes one serving at breakfast or lunch may not be enough for the growing 8th grader or a young-student athlete, particularly given the amount of time before they may eat again. This bill would ensure that any student who is still hungry can have access to food with ample nutrition without being turned away.”
2. Meal Reimbursement Rates. School meal reimbursement, by both the federal government and the state, varies each year. In order to receive reimbursement, schools must follow certain meal service options determined by the United States Department of Agriculture (USDA). Depending on the age range of the students served, a full meal consists of a specified amount of fruits, vegetables, grains, meat/meat alternatives, and milk. Most schools throughout the state participate in “offer versus serve,” which allows a student to pick three of the aforementioned five components in order for the school to receive full reimbursement for that student’s meal.

The current federal school lunch reimbursement rates are $4.41 for free lunch and $4.01 for reduced-priced lunch. Schools that serve more than 60% low-income students receive $0.02 more for both free and reduced-priced lunches. The state school lunch reimbursement rate is $0.8950 for both free and reduced-priced lunches.

1. Meals Service Options: USDA Meal Programs or Competitive Food. The California Department of Education, Nutrition Services Division administers many of the USDA meal programs at the state level:

1. The National School Lunch Program (NSLP). The NSLP is a federally assisted meal program operating in public and nonprofit private schools and residential childcare institutions. It provides nutritionally balanced, low-cost or free lunches to children each school day.
2. The School Breakfast Program (SBP). The SBP provides reimbursement to states to operate nonprofit breakfast programs in schools and residential childcare institutions. The Food and Nutrition Service of the USDA administers the SBP at the federal level.
3. The Child and Adult Care Food Program (CACFP). The CACFP is a federal program that provides reimbursements for nutritious meals and snacks to eligible children and adults who are enrolled for care at participating childcare centers, daycare homes, and adult daycare centers. The CACFP also provides reimbursements for meals served to children and youth participating in afterschool programs, children residing in emergency shelters, and adults over the age of 60 or living with a disability and enrolled in daycare facilities.
4. The Summer Food Service Program (SFSP). The SFSP is a federally-funded, state-administered program. The SFSP reimburses program operators who serve free healthy meals and snacks to children and teens in low-income areas.
5. The Seamless Summer Option (SSO). Schools participating in the NSLP or SBP are eligible to apply for the SSO. This option allows public schools to combine features of the School Nutrition Programs and the SFSP along with reduced paperwork requirements, making it easier for schools to feed children during the traditional summer vacation periods and, for year-round schools, long school vacation periods.

All public non-charter schools participating in the NSLP or SBP must follow state and federal requirements for competitive foods and beverages. All charter or private schools participating in the NSLP or SBP must follow only the federal requirements.

This bill would require schools to provide a federally reimbursed meal service option before selling an entrée from that meal service, which is then a competitive food.

1. Competitive Foods. Competitive foods and beverages, also known as “Smart Snacks,” are those that are sold, to students on the school campus during the school day, and outside of the federally reimbursable meal programs. 

Since these foods and beverages are offered outside federally reimbursable meal programs, schools are not reimbursed for these meals. Examples of how these foods and beverages are sold may occur in student stores, fundraisers, or á la carte items the school food service department sells. Students purchasing these food and beverage items, typically pay cash to acquire those items.

Competitive food and beverage requirements in California began in 1976 with rules that govern food and beverage sales by student organizations. Since 2001, due to awareness of the obesity epidemic, there have been numerous state laws passed which currently shape the competitive foods environment in California schools for all foods and beverages sold to students. In July 2014, schools implemented the USDA competitive food regulations called Smart Snacks in School (SSIS). In January 2016, California passed Senate Bill 1169 (McGuire) Chapter 280, Statutes of 2016, which streamlines state competitive food rules with the federal SSIS rule. Today’s rules encompass a comprehensive approach to food and beverage sales by all groups or individuals during the school day and throughout the school campus.

1. Solving For Food Insecurity Among Students: Universal Meals. Beginning the 2022-23 school year, the state required school districts and charter schools to provide two free meals per day to all students, regardless of free meal eligibility. The state reimburses school districts and charter schools for the cost of the meal, up to the federal free meal reimbursement rates for all students who are not eligible for federal free meals.

The committee may wish to consider whether this bill, which would allow schools to offer competitive foods once their federally reimbursed meal has been provided , potentially creates the same disparity between students that Universal Meals addressed as only student who will be able to get more food are students with money.

1. Related Legislation

SB 348 (Skinner, 2023) a) requires charter schools to provide two meals, rather than one, beginning the 2024-25 school year; b) requires a local educational agency (LEA), county superintendent of schools, or charter school to serve breakfast meals on each four-hour schoolday, as specified; c) requires the CDE to submit a waiver to the USDA to allow school to serve meals to student in non-congregate setting on short days; d) Permits a LEA, county Office of Education (COE), or charter school to choose to participate in a state or federal reimbursement program or competitive foods, as specified; e) Requires the CDE to conduct a survey to make a recommendation on the appropriate amount of time that is adequate for a pupil to eat school meals; f) requires CDE, in collaboration with the Department of Social Services (DSS) to maximize participation in the federal Summer Electronic Benefit Transfer For Children (SEBTC), as specified; g) Requires CDE, in conjunction with specified stakeholders, to develop nutrition requirements, as specified.

AB 1178 (L.Rivas, 2023) requires, contingent on appropriation, the CDE to reimburse with state funds federal summer meal program operators for meals served to the guardian of a student receiving a meal from a summer meal program.

AB 130 (Committee on Budget), Chapter 44, Statutes of 2021, establishes a California Universal Meals Program with changes to the state meal mandate and new requirements for high poverty schools to apply for a federal provision.

AB 558 (Nazarian), Chapter 905, Statutes of 2022, requires, by July 1, 2023, the CDE, in consultation with the State Department of Social Services, to develop guidance for LEAs that maintain kindergarten or any of grades 1 to 6, inclusive, on how to serve eligible nonschoolaged children breakfast or a morning snack at a LEA schoolsite.

SUPPORT

None Received

OPPOSITION

None Received

-- END --

Date of Hearing: April 26, 2023

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 95 (

Author:Hoover) – As Amended Ver:April 17, 2023

SUBJECT: Pupil nutrition: pupil meals

SUMMARY: Authorizes a school to sell the entrée portion from a federally reimbursable school meal to a pupil, after the pupil receives a federally reimbursable school meal. Specifically, this bill:

1. States that nothing shall be construed to prohibit an elementary school, middle school or high school from selling to a pupil, after the pupil has been provided a school meal, the entrée from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service.

EXISTING LAW:

1. Provides that, from one-half hour before the start of the schoolday to one-half hour after the schoolday, the only food that may be sold to students as competitive foods include individually-sold dairy or whole grain foods, and individually-sold portions of nuts, nut butters, seeds, eggs, cheese packaged for individual sale, fruit, vegetables that have not been deep fried, and legumes. (Education Code (EC) 49431)
2. Requires the food described above, if sold outside of a USDA meal program at an elementary school, to meet all of the following standards:
   1. Not more than 35% of its total calories shall be from fat. Exempt from this standard are individually sold portions of nuts, nut butters, seeds, eggs, cheese packaged for individual sale, fruit, vegetables that have not been deep fried, or legumes;
   2. Not more than 10% of its total calories shall be from saturated fat. Exempt from these standards are eggs or cheese packaged for individual sale;
   3. Not more than 35% of its total weight shall be composed of sugar, including naturally occurring and added sugar. Exempt from this standard are fruit or vegetables that have not been deep fried; and
   4. Not more than 200 calories per individual food item. (EC 49431)
3. Requires, at each middle school or high school, a competitive entrée sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu to meet the following standards:
   1. Contains not more than 400 calories per entrée item;
   2. Not more than 35% of its total calories shall be from fat;
   3. Contains less than 0.5 grams of trans fat per serving; and
   4. Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program. (EC 49431.2)
4. Provides that, from one-half hour before the start of the schoolday to one-half hour after the schoolday at an elementary or middle school, only the following beverages may be sold:
   1. Fruit-based drinks that are composed of no less than 50% fruit juice and have no added sweetener;
   2. Vegetable-based drinks that are composed of no less than 50% vegetable juice and have no added sweetener;
   3. Plain water or plain carbonated water; and
   4. 1%-fat milk, nonfat milk, soy milk, rice milk, and other similar nondairy milk. (EC 49431.5)
5. Provides that, from one-half hour before the start of the schoolday to one-half hour after the schoolday, at a high school, only the following beverages may be sold:
   1. Fruit-based drinks that are composed of no less than 50% fruit juice and have no added sweetener;
   2. Vegetable-based drinks that are composed of no less than 50% vegetable juice and have no added sweetener;
   3. Plain water or plain carbonated water;
   4. One-percent-fat milk, nonfat milk, soy milk, rice milk, and other similar nondairy milk;
   5. Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces;
   6. Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces;
   7. Electrolyte replacement beverages that are labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces; and
   8. Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. (EC 49431.5)
6. Prohibits a school or school district from selling food containing artificial trans fat to K-12 students, from one-half hour before the start of the schoolday to one-half hour after the schoolday. (EC 49431.7)
7. Requires, by July 1, 2023, the California Department of Education (CDE), in consultation with the State Department of Social Services (DSS), to develop guidance for local educational agencies (LEAs) that maintain kindergarten or any of grades 1 to 6, inclusive, on how to serve eligible nonschoolaged children breakfast or a morning snack at a LEA schoolsite. (EC 49495)
8. Requires, commencing with the 2022–23 school year all of the following:
   1. A school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide two school meals free of charge during each schoolday to any pupil who requests a meal, without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service period, except when it requires family daycare homes to be reimbursed for 75% of the meals served. Requires the meals provided to be nutritiously adequate meals that qualify for federal reimbursement;
   2. A charter school to provide two school meals free of charge during each schoolday to any pupil who requests a meal, without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, with a maximum of one free meal for each meal service period. The meals provided under this paragraph shall be nutritiously adequate meals that qualify for federal reimbursement; and
   3. An LEA that has a reimbursable school breakfast program to not charge any pupil enrolled in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, any amount for any breakfast served to that pupil through the program, and to provide a breakfast free of charge to any pupil who requests one, without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal. The meals provided free of charge pursuant to this paragraph shall be nutritiously adequate, and shall count toward the total of two school meals required to be provided each schoolday. (EC 49501.5)
9. Requires each school district, or county superintendent of schools maintaining any 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. (EC 49550)
10. Requires a charter school to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday. Requires a charter school that offers nonclassroom-based instruction to meet the requirements for any eligible pupil on any schoolday that the pupil is scheduled for educational activities lasting two or more hours at a schoolsite, resource center, meeting space, or other satellite facility operated by the charter school. (EC 47613.5)
11. Designates the CDE as the state agency responsible for managing and administering the Summer Food Service Program (SFSP). (42 U.S.C. Sec. 1761, EC 49547.5)
12. Prohibits a public school district or COE from denying a meal to any free or reduced-price eligible pupils, and requires that these pupils receive the same meal as all other pupils. (EC 49550 and 49557)

FISCAL EFFECT: Unknown

COMMENTS:

Need for the bill. According to the author, “Students are exposed to a broad range of foods and beverages through reimbursable school meals, à la carte lines, vending machines, school stores, classroom parties, fundraisers, and other school events. From three square meals a day to multiple snacks, kids need a lot of food and fuel to keep up with their activity levels and help them grow. AB 95 builds upon California’s Universal Meals program where schools can play a critical role of helping parents provide a substantial second entree option to students during breakfast and lunch time.”

What does this bill do? This bill authorizes a school to sell a second entrée to a student at breakfast or lunch, after the pupil receives their reimbursable meal as part of the national school breakfast program or school lunch program. Elementary schools are authorized to sell competitive foods with less than 200 calories, while middle and high schools are authorized to sell competitive entrees with less than 400 calories. This bill will authorize the sale of a second entrée, regardless of the calorie restriction, so long as the entrée that is sold was served during that schoolday.

What are competitive foods? Competitive food and beverages are those items that are sold to students alongside the federally reimbursable school meal. For example, on the lunch line, a school can serve the federally reimbursable school meal and at the same time sell other snacks and beverages. These food sales are called competitive foods and beverages, because they compete with the sales of the federally reimbursable school meal. In California, all students receive a free federally reimbursable school meal for breakfast and lunch, however, a school may still sell competitive foods at the same time as serving breakfast and lunch. Competitive foods must meet specified statutory nutrition guidelines in order to be sold to students during the schoolday. There are different nutrition guidelines for competitive foods and beverages sold to students at elementary schools compared to the middle and high schools.

What types of entrees meet the current calorie restrictions to be sold as competitive foods? The list of entrees below demonstrate that some offerings already meet the calorie restrictions for elementary, middle and high school offerings, while others do not. Within one meal period a school might offer several entrees, however, only some of the entrees can be sold to students, while others cannot. For example, a student can buy a second grilled cheese sandwich but not a second veggie burger. If the entree item meets the requirements to be a reimbursable meal for that schoolday, this bill would allow that entree to be sold as a second entree that schoolday. Below are examples of typical entrée offerings and their respective calorie information.

(Source: California School Nutrition Association)

How much would a competitive entrée cost? When schools price competitive foods, such as selling a second entrée, they consider the cost of the food item, the labor to prepare it, and the cost of the packaging. Often, schools consider these factors and then round to the nearest quarter for cash handling ease. The price of a second can differ significantly based on these factors. Some choose to price entrees all the same price for less confusion. For example, if a school were selling a bean burrito, a corn dog, and a hamburger as a second entrée, they may price them all at $4.00 each.

What does research say about competitive foods? According to the 2007 report from the Institute of Medicine, Nutrition Standards for Foods in Schools: Leading the Way Toward Healthier Youth:

“Most U.S. children consume at least one snack per day, consuming nearly one quarter of their dietary energy intake as snacks. Energy intake should be commensurate with energy expenditure in order to achieve energy balance and avoid overweight and obesity. Unhealthy weight gain may develop over time from a relatively small daily excess of calories consumed, the energy density of foods being higher for snacks compared to meals.

In accordance with estimates of energy needs and accounting for physical activity levels, the committee calculated that approximately 91 percent of daily energy intake would be consumed as meals, leaving no more than 9 percent of total daily energy intake for discretionary energy consumption from snacks. The committee’s judgment is that a 200-calorie maximum limit per portion for snacks may be high for some children, but it is assumed that variations in other daily caloric intake will compensate for shortfalls or excesses.

Furthermore, à la carte entrée items should not provide more calories or larger portion sizes than the comparable NSLP entrée items they may replace.”

According to the 2005 Government Accountability Office (GAO) report, Competitive Foods Are Widely Available and Generate Substantial Revenues for Schools:

“Recent increases in child obesity have sparked concerns about competitive foods--foods sold to students at school that are not part of federally reimbursable school meals. The nutritional value of these foods is largely unregulated, and students can often purchase these foods in addition to or instead of school meals. In our April 2004 report on competitive foods (GAO-04-673), we reported that several states had enacted competitive food policies that were more restrictive than federal regulations. However, these policies differed widely in the type and extent of restrictions. In addition, it was unclear how and to what extent states were monitoring compliance with these policies. GAO was also asked to provide a national picture of competitive foods in schools, as well as strategies that districts and schools themselves are taking to limit the availability of less nutritious competitive foods. This report provides information from two nationally representative surveys about the prevalence of competitive foods in schools, competitive foods restrictions and groups involved in their sale, and the amounts and uses of revenue generated from the sale of competitive foods. It also provides information about strategies schools have used to limit the availability of less nutritious competitive foods, based on visits to a total of six school districts in California, Connecticut, Mississippi, Missouri, and South Carolina.”

Selling a second entrée while offering universal school meals. This bill would allow schools to sell a second entrée to students after they receive their free meal. This could increase the inequity between students who have the means to pay for a second meal and those students who do not have the means to pay. To some extent, this inequity exists today as schools currently sell competitive foods such as snacks and entrees that meet the current calorie restrictions. The Committee may wish to consider whether this policy will exacerbate the existing inequity.

USDA meal programs. The CDE, Nutrition Services Division administers many of the U.S. Department of Agriculture (USDA) meal programs at the state level, including:

The National School Lunch Program (NSLP). The NSLP is a federally assisted meal program operating in public and nonprofit private schools and residential child care institutions. It provides nutritionally balanced, low-cost or free lunches to children each school day.

The School Breakfast Program (SBP). The SBP provides reimbursement to states to operate nonprofit breakfast programs in schools and residential childcare institutions. The Food and Nutrition Service of the USDA administers the SBP at the federal level.

The Child and Adult Care Food Program (CACFP). The CACFP is a federal program that provides reimbursements for nutritious meals and snacks to eligible children and adults who are enrolled for care at participating child care centers, day care homes, and adult day care centers. The CACFP also provides reimbursements for meals served to children and youth participating in afterschool care programs, children residing in emergency shelters, and adults over the age of 60 or living with a disability and enrolled in day care facilities.

The Summer Food Service Program (SFSP). The SFSP is a federally-funded, state-administered program. The SFSP reimburses program operators who serve free healthy meals and snacks to children and teens in low-income areas.

The Seamless Summer Option (SSO). Schools participating in the NSLP or SBP are eligible to apply for the SSO. This option allows public schools to combine features of the School Nutrition Programs and the SFSP along with reduced paperwork requirements, making it easier for schools to feed children during the traditional summer vacation periods and, for year-round schools, long school vacation periods.

School meal reimbursement rates. School meal reimbursement, by both the federal government and the state, varies each year. In order to receive reimbursement, schools must follow a certain meal pattern determined by the USDA. Depending on the age range of the students served, a full meal consists of a specified amount of fruits, vegetables, grains, meat/meat alternative, and milk. Most schools throughout the state participate in “offer versus serve,” which allows a student to pick three of the aforementioned five components in order for the school to receive full reimbursement for that student’s meal.

The federal school lunch reimbursement rates are $4.41 for free lunch and $4.01 for reduced priced lunch. Schools that serve more than 60% low income students receive $0.02 more for both free and reduced priced lunches, as shown in the chart below.

(Source: CDE, 2022-23 school year)

Beginning with the 2022-23 school year, the state requires school districts and charter schools to provide two free meals per day to all students, regardless of free meal eligibility. The state reimburses school districts and charter schools for the cost of the meal, up to the federal free meal reimbursement rates for all students who are not eligible for federal free meals.

Food insecurity related to the COVID-19 pandemic. According to a 2020 article the American Journal of Public Health, Food Insecurity During COVID-19: An Acute Crisis With Long-Term Health Implications, as of March and April 2020, national estimates of food insecurity more than tripled to 38%. Among adults with incomes less than 250% of the 2020 federal poverty level (based on thresholds from the US Census), 44% of all households were food insecure including 48% of Black households, 52% of Hispanic households, and 54% of households with children.

According to a 2021 Centers for Disease Control research brief in Preventing Chronic Disease: Public Health Research, Practice, and Policy, Very Low Food Security Among Low-Income Households With Children in California Before and Shortly After the Economic Downturn From COVID-19, low-income households with children in California were surveyed before and during the pandemic for levels of very low food security (VLFS). From April 27 to July 21, 2020, 14% of mothers reported VLFS versus 19.3% from November 21, 2019, to March 14, 2020, suggesting that existing systems to quickly obtain food assistance benefits in California and new federal benefits available in response to COVID-19 may have reduced VLFS.

Recommended Committee Amendments. Staff recommends the bill be amended to delete Section 49431.5 from the bill as it relates to beverages sold to pupils instead of food sold to pupils.

Related legislation. AB 1169 (McGuire), Chapter 280, Statutes of 2016, makes numerous changes to school nutrition standards for competitive food and beverages to better align to the federal Smart Snacks in Schools regulations.

AB 626 (Skinner), Chapter 706, Statutes of 2013, makes numerous changes to school nutrition standards to conform with the federal Healthy and Hunger Free Kids Act (HHFKA), makes changes relative to the use of cafeteria funds, and deletes obsolete provisions.

SB 12 (Escutia), Chapter 235, Statutes of 2005, eliminates the pilot program on nutrition standards for competitive foods and instead implements nutrition standards for competitive foods in elementary schools, and extends the standards to secondary schools.

SB 19 (Escutia) Chapter 913, Statutes of 2001, establishes a pilot program for nutrition standards for competitive foods for elementary schools and limits the sale of certain beverages at secondary schools.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

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