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AB-679 Family childcare homes: meals: reimbursement rates.(2023-2024)

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Date Published: 05/02/2023 09:00 PM
AB679:v97#DOCUMENT

Amended  IN  Assembly  May 02, 2023
Amended  IN  Assembly  March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 679

Introduced by Assembly Member Wicks

February 13, 2023

An act to amend Sections 49501, 49501.5, 49550, and 49552 of the Education Code, relating to nutrition.


LEGISLATIVE COUNSEL'S DIGEST


AB 679, as amended, Wicks. Family childcare homes: meals: reimbursement rates.
Existing law, the Early Education Act, requires the Superintendent of Public Instruction, to, among other things, provide an inclusive and cost-effective preschool program, and declares the policy of the state that no child shall be hungry while in attendance in a preschool facility and that preschool programs have an obligation to provide for the nutritional needs of children in attendance. Existing law requires a school district or county superintendent of schools maintaining a kindergarten or any of grades 1 to 12, inclusive, to provide a needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, and 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, and sets the reimbursement rate for meals served by family daycare homes at 75 percent of the meals served.
This bill would increase the reimbursement rate for meals served in family childcare homes to instead be 100 percent of the eligible meals served. The bill would define “family childcare homes” to mean the same as “family daycare homes,” as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 49501 of the Education Code is amended to read:

49501.
 (a) The governing board of a school district may, for purposes of Section 49500, establish rules by which to determine which pupils are needy, except for family childcare homes that shall be reimbursed for 100 percent of the eligible meals served. For purposes of this article, a pupil within the category of children eligible for aid or services under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code shall be deemed needy.
(b) The amendments to this section enacted by the Legislature in the 1981 portion of the 1981–82 Regular Session of the Legislature shall apply retroactively to July 1, 1981, to the extent that they may legally do so.
(c) For purposes of this section, “family childcare homes” shall have the same meaning as “family daycare homes” as that term was used in this section on and before December 31, 2023.

SEC. 2.

 Section 49501.5 of the Education Code is amended to read:

49501.5.
 (a) Notwithstanding any other provision of this chapter, commencing with the 2022–23 school year all of the following shall apply:
(1) (A) A school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, shall 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 childcare homes that shall be reimbursed for 100 percent of the eligible meals served. The meals provided under this paragraph shall be nutritiously adequate meals that qualify for federal reimbursement.
(B) For purposes of this paragraph, “family childcare homes” shall have the same meaning as “family daycare homes” as that term was used in this section on and before December 31, 2023.
(2) A charter school shall 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.
(3) (A) A local educational agency that has a reimbursable school breakfast program shall 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 shall 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 under paragraphs (1) and (2).
(B) As used in this paragraph, “school breakfast program” means the nonprofit breakfast program established by Section 4 of the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.).
(4) The department shall reimburse local educational agencies that participate in the federal School Breakfast Program and National School Lunch Program for all nonreimbursed expenses accrued in providing United States Department of Agriculture reimbursable meals to pupils as described in subdivision (b).
(b) The amount of per-meal reimbursements provided under this section shall not exceed the difference between the sum of the amounts calculated from meals claimed based on the free combined breakfast and lunch reimbursement rates established by the United States Department of Agriculture and state meal contribution established in Section 49559, and the combined federal and state amounts reimbursed for reduced-price and paid meals claimed.
(c) For the 2021–22 school year, the twenty-four cents eighty-seven mills ($0.2487) reimbursement per meal served, as specified in Provision 6 of Item 6100-203-0001 of the Budget Act of 2021, shall apply to all United States Department of Agriculture reimbursable meals served to pupils under the federal Seamless Summer Option, if eligible in accordance with federal regulations.
(d) The reimbursement required pursuant to this section shall be provided upon appropriation by the Legislature. This section shall not be operative until the Legislature has appropriated funds for purposes of this section.
(e) (1) The department may adopt, and as necessary revise, guidelines in accordance with this section at a publicly noticed meeting if the department complies with all of the following:
(A) Provides an opportunity for public comment at the meeting.
(B) Provides written public notice of a meeting at least 30 days before the meeting at which the guideline to be adopted will be considered or approved.
(C) For a substantive revision of the guidelines, the department provides written notice of a meeting at least 15 days before the meeting at which the revision will be considered or approved.
(2) The adoption or revision of guidelines pursuant to this subdivision is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code until July 1, 2023.

SEC. 3.

 Section 49550 of the Education Code is amended to read:

49550.
 (a) (1) Notwithstanding any other law, a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, shall provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, except for family childcare homes that shall be reimbursed for 100 percent of the eligible meals served.
(2) For purposes of this subdivision, “family childcare homes” shall have the same meaning as “family daycare homes” as that term was used in this section on and before December 31, 2023.
(b) To comply with subdivision (a), a school district or county office of education may use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district or county office of education.
(c) For purposes of this article, “schoolday” means any day that pupils in kindergarten or grades 1 to 12, inclusive, are attending school for purposes of classroom instruction, including, but not limited to, pupil attendance at minimum days, state-funded preschool, transitional kindergarten, summer school including incoming kindergarten pupils, extended school year days, and Saturday school sessions.

SEC. 4.

 Section 49552 of the Education Code is amended to read:

49552.
 (a) For purposes of this article, needy children shall be defined as those children who meet “needy pupil” means a pupil who meets federal eligibility criteria for free and reduced-price meals referenced in Section 49531, except for family childcare homes that shall be reimbursed for 100 percent of the eligible meals.
(b) The amendments to this section enacted by the Legislature in the 1982 portion of the 1981–82 Regular Session of the Legislature shall apply retroactively to July 1, 1981, to the extent that they may legally do so.
(c) For purposes of this section, “family childcare homes” shall have the same meaning as “family daycare homes” as that term was used in this section on and before December 31, 2023.