SECTIONS 49510-49520 - California Statutes

EDUCATION CODE

SECTION 49510-49520

49510. This article shall be known and may be cited as the
Duffy-Moscone Family Nutrition Education and Services Act of 1970.

49511. It is the intent of this article to establish an ongoing
program to assure that the nutritional requirements of pupils in
receipt of public assistance are enhanced by a pervasive program of
food supplementation while they are attending school.
It is the intent of the Legislature that the program established
by this article shall in fiscal years subsequent to the year in which
this article is enacted be funded according to customary budgetary
procedures.

49512. The Department of Education, in cooperation with the
Department of Social Welfare, shall establish a statewide program to
provide nutritious meals at school for pupils. Either or both of such
departments may cooperate with and enter into contracts with the
United States Departments of Health, Education and Welfare and
Agriculture in order to implement the provisions of this article.
The funds shall be allocated to the school districts in such a
manner that priority shall be given to providing free meals to the
neediest children. Determination with respect to the annual income of
any household shall be made solely on the basis of an affidavit
executed in such form as the United States Secretary of Agriculture
may prescribe by an adult member of such household. The income
poverty guidelines to be used for any fiscal year shall be those
prescribed by the United States Secretary of Agriculture as of July 1
of each year.

49513. To the extent that school districts have an operational
program of school meals for pupils, the program authorized by this
article shall be integrated with such existing service.
In order to extend the program to those pupils attending schools
which do not operate a school lunch program and are unable or
unwilling to provide meals required by this article, contracts shall
be entered into with nonprofit organizations, other public agencies
or proprietary agencies. In making such contracts, special
consideration shall be given to utilizing the Business Enterprises
Program for the Blind established under Article 5 (commencing with
Section 19625) of Chapter 6 of Part 2 of Division 10 of the Welfare
and Institutions Code. Such contracts shall be negotiated, approved
and supervised by the Department of Education and terminated as soon
as feasible upon certification by the Department of Education that
the local school district or school is able and willing to establish
a food service program.

49515. Programs established under this article shall, to the extent
feasible and practicable, include provisions for the use of parents
of needy pupils in the planning, preparation and serving of meals at
school, in order to provide practical experience and training for
such parents as part of the educational component of public social
services. It is the intent of the Legislature that necessary formal
training for such purposes shall, to the maximum extent feasible, be
provided under the work incentive programs established under Division
2 (commencing with Section 5000) of the Unemployment Insurance Code.
The use of volunteers in the planning, preparation and serving of
school meals and nutritional supplements under this article shall
also be encouraged in order to enlist the good will of the community
toward the success of this program, and in order to reduce program
costs.

49516. In order to encourage the development of a sense of fiscal
responsibility among the pupils participating in the school meal
program, a nominal cash payment for school meals provided under this
article may be required of all pupils except those eligible for free
meals. Such payments shall be related to the income of the pupil's
family.
Funds received from payments by participating pupils shall be used
to expand the programs under this article.

49517. In order to avoid unnecessary and costly duplication and
overlap of activities, the Department of Education may contract with
county welfare departments to identify those pupils who are eligible
for the program under this article, and to determine the amount of
cash payment that may be required of any pupil so eligible under the
provisions of Section 49516.

49518. To the extent that available funds are insufficient to
provide services under the program established by this article to all
pupils defined as eligible, the following priorities for the
provision of such services shall be observed by the Department of
Education:
(a) First priority for services shall go to pupils within the
category of children described in Section 11202 of the Welfare and
Institutions Code.
(b) Second priority shall go to pupils eligible for social
services only under Chapter 2 (commencing with Section 11200) of Part
3 of Division 9 of the Welfare and Institutions Code, and among such
category of pupils the order of priorities shall decline
progressively according to the age of the pupils, with the youngest
pupils receiving the highest priority.

49519. Each meal provided under this article shall include an
appropriate serving of milk; provided, that the provisions of this
section shall not be mandatory in the case of demonstration projects
conducted pursuant to Section 49514.

49520. Notice of the availability of the program prescribed by this
article shall be given pursuant to Section 48980.