SECTIONS 49530-49536 - California Statutes

EDUCATION CODE

SECTION 49530-49536

49530. (a) The Legislature finds that (1) the proper nutrition of
children is a matter of highest state priority, and (2) there is a
demonstrated relationship between the intake of food and good
nutrition and the capacity of children to develop and learn, and (3)
the teaching of the principles of good nutrition in schools is
urgently needed to assist children at all income levels in developing
the proper eating habits essential for lifelong good health and
productivity.
(b) It is the policy of the State of California that no child
shall go hungry at school or a child development program and that
schools and child development programs conducted pursuant to Chapter
2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1
have an obligation to provide for the nutritional needs and nutrition
education of all pupils during the schoolday and all children
receiving child development services.

49530.5. As used in this article, "child nutrition entity" means
any school district, county superintendent of schools, child
development program operated pursuant to Chapter 2 (commencing with
Section 8200) or Chapter 2.5 (commencing with Section 8400) of Part 6
of Division 1 of Title 1, local agency, private school, or parochial
school, or any other agency which qualifies for federal aid under
the federal school lunch program or the federal child nutrition
program prescribed, respectively, by Chapter 13 (commencing with
Section 1751) and Chapter 13A (commencing with Section 1771) of Title
42 of the United States Code.

49531. Any child nutrition entity may apply to the State Department
of Education for all available federal and state funds so that a
nutritionally adequate breakfast or lunch, or both, may be provided
to pupils each schoolday at each school in the districts or
maintained by the county superintendents of schools, or at private
schools and parochial schools and to children receiving child
development services. The State Board of Education shall adopt rules
and regulations for the operation of lunch and breakfast programs in
school districts. A child nutrition entity which receives state funds
pursuant to this article, shall provide breakfasts and lunches in
accordance with state and federal guidelines.
A nutritionally adequate breakfast, for the purposes of this
article, is one that qualifies for reimbursement under the federal
child nutrition program regulations, meets a minimum of one-fourth of
the current Recommended Dietary Allowance established by the
National Research Council, and incorporates the current United States
Dietary Guidelines for Americans. A nutritionally adequate lunch is
one that qualifies for reimbursement under the federal child
nutrition program regulations, meets one-third of the Recommended
Dietary Allowance established by the National Research Council and
incorporates the current United States Dietary Guidelines for
Americans.
State reimbursement for meals provided pursuant to this article
shall be limited to meals provided to pupils who are within the
relevant definitions and criteria in federal statutes and regulations
which prescribe eligibility for free and reduced price meals.

49531.1. (a) The State Department of Education shall develop and
maintain nutrition guidelines for school lunches and breakfasts, and
for all food and beverages sold on public school campuses. These
nutrition guidelines shall consider current recommendations for
children from the California Daily Food Guide published by the State
Department of Health Services.
(b) The nutrition guidelines shall include guidelines for fat,
saturated fat, and cholesterol, and shall specify that where
comparable food products of equal nutritional value are available the
food product lower in fat, or saturated fat, or cholesterol shall be
used.

49533. A Child Nutrition Advisory Council composed of 13 members,
shall be appointed by January 1, 1975, to recommend plans and
guidelines for school and child care meal service and nutrition
education programs. The members of the council shall be appointed by
the State Board of Education and shall include one member of the
State Department of Education, one school administrator, one school
board member, one school food service director, one school food
service supervisor or manager, one classroom teacher, one curriculum
coordinator, one nutrition education specialist, one lay person, one
child care food program sponsor, one secondary high school student,
one representative from a recognized parent-teacher organization, and
a qualified consultant specializing in nutrition, education, child
care, or health and welfare.
The members shall serve for a term of three years, except the
student representative, who shall serve a one year term. Council
members shall serve without pay but shall be reimbursed for
authorized travel costs according to established State Department of
Education procedures.

49534. (a) The Department of Education shall formulate the basic
elements of nutrition education programs for child nutrition entities
participating in programs established under this article. Such
programs shall coordinate classroom instruction with the food service
program and shall be of sufficient variety and flexibility to meet
the needs of pupils in the total spectrum of education, including
early childhood, elementary and secondary schools, special education
classes and programs and child development programs.
(b) Nutrition education programs shall be maintained on a project
approval basis. The State Board of Education shall establish rules
and regulations for nutrition education projects. Such projects shall
be approved by the State Board of Education upon recommendation of
the Department of Education. County offices of education may apply
for and receive funds on behalf of school districts under their
jurisdiction in order to implement projects.
Projects may include, but need not be limited to, innovative ways
to coordinate the school meal service program with the nutrition
education program; development of community resources for purposes of
nutrition education; instructional programs for teachers, parents,
food service employees; and training and utilization of
paraprofessionals to assist the instructional staff.

49536. The State Department of Education shall, prior to July 1 of
each year, prescribe an adjustment in the state meal contribution
rates established pursuant to this section for the forthcoming fiscal
year. The adjustments shall reflect the changes in the cost of
operating a school breakfast and lunch program and shall be made
commencing on July 1 of each year. The adjustment shall be the
average of the separate indices of the "Food Away From Home Index"
for Los Angeles and San Francisco as prepared by the United States
Bureau of Labor Statistics.
In giving effect to the cost-of-living provisions of this section,
the Department of Education shall use the same month for computation
of the percentage change in the cost of living after July 1, 1975.
The same month shall be used annually thereafter. The product of any
percentage increase or decrease in the average index and the per meal
reimbursement disbursement rate shall be adjusted by the amount of
any cost-of-living change currently in effect pursuant to the
provisions of this section.
Commencing with the 1990-91 fiscal year, the cost-of-living
adjustment shall be equal to the percentage change determined
pursuant to subdivision (b) of Section 42238.1.