SECTIONS 49500-49505 - California Statutes

EDUCATION CODE

SECTION 49500-49505

49500. The governing board of any school district may provide,
without charge or at a reduced price, breakfasts for pupils within
the district who are needy. The governing board may provide, without
charge or at a reduced price, lunches for pupils who are needy. The
governing board of any school district may provide, without charge,
lunches for any or all other pupils whether they are needy or not,
provided that the governing board has so provided such lunches
without charge to all pupils of the district during the 1962-63
school year. The governing board of any school district may provide,
without charge or at a reduced price, other nutrition periods during
the schoolday during which foods or beverages, or both, are served to
pupils.
For purposes of this article a pupil who is "needy" is one who
meets the definition in Section 49552.
As used in this article "school meals" includes breakfasts,
lunches, or the serving of foods or beverages, or both, during other
nutrition periods, or any combination thereof.

49501. The governing board of any school district may, for purposes
of Section 49500, establish rules by which to determine which pupils
are needy except for family day care homes which shall be reimbursed
for 75 percent of the meals served. For purposes of this article,
any 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.
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.

49503. District funds may also be used for the purchase of school
meals for pupils, as provided in Section 49500.

49504. Each official and department of the state having charge of
the administering of funds for the relief of indigents may contribute
and pay any of the funds subject to his disposal to any school
district within the state, to be used by the district for the
purchase of school meals for needy pupils. Every county, city and
county, and city within the state may pay any of its funds available
for the relief of indigents to any school district, within or partly
within the county, city and county, and city for this purpose.

49505. (a) Any school district or county office of education
participating in the National School Lunch Program that provides a
meal to a pupil rendered homeless by a state or federally declared
disaster may receive reimbursement equal to the combined state and
federal free rate, regardless of the pupil's eligibility for free
meals. It is the intent of the Legislature to ensure that pupils who
are not eligible for free meals be considered for inclusion in the
meal program when their families are temporarily unable to provide
adequate meals for them due to the effects of a natural disaster. It
is the intent of the Legislature that the reimbursement for these
children be on a temporary basis.
(b) Any school district or county office of education
participating in the National School Lunch Program which is unable to
meet the meal component requirement of the state meal program
because of a state or federally declared disaster is exempted from
serving all required meal components and may be reimbursed at the
combined state and federal rates as if the meal component
requirements had been met.
(c) The State Department of Education may provide a school
district or county office of education participating in the National
School Lunch Program which has been temporarily closed as a result of
a state or federally declared disaster a reimbursement equal to the
average daily participation times the average combined state and
federal reimbursement rate received by the entity in the month prior
to the closure, times the number of days the entity is closed to pay
for salaries and other fixed expenses of child nutrition programs.
(d) The State Department of Education shall make reimbursements
pursuant to subdivision (a), (b), or (c) to school districts and
county offices of education participating in the National School
Lunch Program from money appropriated from the General Fund for that
purpose. Requests for those reimbursements shall be subject to the
review and approval of the State Department of Education. Any funds
provided for the purposes of this section shall be in lieu of state
reimbursement for child nutrition programs.
(e) All school districts and county offices of education
participating in the National School Lunch Program that apply for
exemptions and allowances pursuant to subdivision (c) shall
demonstrate conformity with any applicable procedures required in the
Disaster Relief Act of 1974, P.L. 93-288, as amended by P.L.
100-707. The State Department of Education shall ensure that
applicants for relief under subdivision (c) have followed those
procedures.
(f) For purposes of this section, "state or federally declared
disaster" means only a state or federally declared disaster that
occurs on or after the effective date of this section.
(g) Moneys in the Disaster Response-Emergency Operations Account
in the Reserve for Economic Uncertainties may be allocated for the
purposes of this section.