text:
(a) The State Department of Education shall establish a statewide program to provide nutritious meals at school for pupils and shall enter into an agreement with the United States Department of Health and Human Services, the United States Department of Education, or the United States Department of Agriculture in order to implement the provisions of this article.

(b) Funds shall be allocated to school districts in accordance with subdivision (b) of Section 49501.5. 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.

history: (History: Amended by Stats. 2023, Ch. 600, Sec. 9. (SB 348) Effective January 1, 2024.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 9. Nutrition


kind: section

code: EDC

text:
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.

history: (History: Amended by Stats. 1997, Ch. 825, Sec. 22. Effective October 9, 1997.)

division: 4. INSTRUCTION AND SERVICES

part: 27. PUPILS

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 9. Pupil and Personnel Health

article: 9. Nutrition

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 27. PUPILS > 9. Pupil and Personnel Health > 9. Nutrition


text:
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.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 9. Nutrition


text:
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.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 9. Nutrition


text: 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.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 9. Nutrition


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

history: (History: Added by Stats. 1980, Ch. 975, Sec. 1.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 9. Nutrition


text:
(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.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. Child Nutrition Act of 1974

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 27. PUPILS > 9. Pupil and Personnel Health > 10. Child Nutrition Act of 1974


text: 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.

history: (History: Amended by Stats. 1977, Ch. 1041.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. Child Nutrition Act of 1974


text:
(a) A school district, county superintendent of schools, or charter school may apply to the department for all available federal and state funds that they are eligible for so that a nutritionally adequate breakfast and lunch may be made available to pupils each schoolday at each schoolsite or school facility where pupils are present during the schoolday and to children receiving child development services. A school district, county superintendent of schools, or charter school that receives state funds pursuant to this article shall make available breakfasts and lunches in accordance with state and federal guidelines. If an entity’s school meal service is not in compliance with state and federal guidelines or regulations, or both, including noncompliance determined during administrative reviews, procurement reviews, or complaint investigations conducted by the department, the entity shall be ineligible for state meal reimbursement.

(b) (1) A nutritionally adequate breakfast, for the purposes of this article, is one that qualifies for reimbursement under the most current meal pattern for the federal School Breakfast Program, as defined in Section 220.8 of Title 7 of the Code of Federal Regulations and paragraph (2). A nutritionally adequate lunch for purposes of this article is one that qualifies for reimbursement under the most current meal pattern for the federal National School Lunch Program, as defined in Section 210.10 of Title 7 of the Code of Federal Regulations and paragraph (2).

(2) A nutritionally adequate breakfast or lunch shall not consist of more added sugar than the amount allowed by the federal School Breakfast Program and the federal National School Lunch Program, respectively.

(3) Beginning December 31, 2027, a nutritionally adequate breakfast or lunch, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, shall not contain any of the following substances:

(A) Blue 1 (CAS 3844-45-9).

(B) Blue 2 (CAS 860-22-0).

(C) Green 3 (CAS 2353-45-9).

(D) Red 40 (CAS 25956-17-6).

(E) Yellow 5 (CAS 1934-21-0).

(F) Yellow 6 (CAS 2783-94-0).

(4) Beginning July 1, 2035, a nutritionally adequate breakfast or lunch, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, shall not include either of the following:

(A) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code.

(B) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code.

(c) (1) If the federal School Breakfast Program and federal National School Lunch Program allow more added sugar or sodium than is recommended by the most recent Dietary Guidelines for Americans, established by the United States Department of Agriculture and the United States Department of Health and Human Services, the State Department of Education shall convene representatives from the California School Nutrition Association and cafeteria workers, or their representatives, to work in partnership to provide the following:

(A) Maximum daily added sugar intake recommendations for each grade level commensurate with the American Academy of Pediatrics’ standards for children two years of age or older.

(B) Maximum daily added sodium intake recommendations for each grade level commensurate with recommendations for children and adolescents in the Dietary Guidelines for Americans.

(2) Recommendations pursuant to this subdivision shall encourage the prioritization of foods with higher nutritional density when there is added sugar or sodium in the food.

(d) State reimbursement for meals provided pursuant to this article shall be limited to meals made available to pupils pursuant to Section 49501.5.

history: (History: Amended by Stats. 2025, Ch. 467, Sec. 7. (AB 1264) Effective January 1, 2026.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. Child Nutrition Act of 1974


text:
(a) The department shall develop and maintain nutrition guidelines for school lunches and breakfasts that are provided pursuant to Section 49501.5 and for all food and beverages sold on public school campuses.

(b) The nutrition guidelines for school lunches and breakfasts, pursuant to subdivision (a), shall be consistent with the requirements for a nutritionally adequate breakfast and a nutritionally adequate lunch, as defined in subdivision (b) of Section 49531.

history: (History: Amended by Stats. 2023, Ch. 600, Sec. 13. (SB 348) Effective January 1, 2024.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. Child Nutrition Act of 1974


text:
(a) 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 Superintendent and shall include one member of the department, 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 layperson, one child care food program sponsor, one secondary high school pupil, one representative from a recognized parent-teacher organization, and one qualified consultant specializing in nutrition, education, child care, or health and welfare.

(b) The members shall serve for a term of three years, except the pupil 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 department procedures.

history: (History: Amended by Stats. 2017, Ch. 15, Sec. 46. (AB 99) Effective June 27, 2017.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. Child Nutrition Act of 1974


text:
(a) The department may formulate the basic elements of nutrition education programs for child nutrition entities participating in programs established under this article. Such programs may coordinate classroom instruction with the food service program and may 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 may be maintained on a project approval basis. The state board may establish rules and regulations for nutrition education projects. County offices of education may apply for and receive funds on behalf of school districts under their jurisdiction in order to implement projects.

(c) 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 usage of paraprofessionals to assist the instructional staff.

history: (History: Amended by Stats. 2021, Ch. 666, Sec. 44. (AB 486) Effective January 1, 2022.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. Child Nutrition Act of 1974


text:
(a) The department shall, before 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.

(b) In giving effect to the cost-of-living provisions of this section, the department 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 a percentage increase or decrease in the average index and the per meal reimbursement disbursement rate shall be adjusted by the amount of a cost-of-living change currently in effect pursuant to the provisions of this section.

(c) For the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the cost-of-living adjustment shall be equal to the percentage change determined pursuant to subdivision (b) of Section 42238.1, as that section read on January 1, 2013. Commencing with the 2013–14 fiscal year, the cost-of-living adjustment shall be equal to the percentage determined pursuant to paragraph (2) of subdivision (d) of Section 42238.02.

history: (History: Amended by Stats. 2013, Ch. 47, Sec. 93. (AB 97) Effective July 1, 2013.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10. Child Nutrition Act of 1974


text: The Department of Education shall, on behalf of the state, participate in the federal child care food program prescribed by Public Law 95-627, as codified in Section 1766 of Title 42 of the United States Code, and shall not terminate its participation in such program unless the Legislature authorizes such termination.

history: (History: Added by Stats. 1980, Ch. 959, Sec. 1.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.5. Child Care Food Program

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 27. PUPILS > 9. Pupil and Personnel Health > 10.5. Child Care Food Program


text: The Department of Education is hereby designated as the single state agency to administer the child care food program.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.5. Child Care Food Program


text:
(a) The Department of Education shall administer the child care food program for all eligible, participating entities that provide child development services pursuant to Chapter 2 (commencing with Section 8200) of, and alternative child care programs pursuant to Chapter 2.5 (commencing with Section 8400) of, Part 6.

(b) To the extent permitted by federal law, the child care food program shall be administered as part of such child development services and such alternative child care programs.

(c) The department shall seek the waiver of all federal provisions necessary to reduce fragmentation and duplication in administering the child care food program within such child development services and such alternative child care programs.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.5. Child Care Food Program


text: The Department of Education shall administer the child care food program for all eligible, participating entities that provide child development services outside of the provisions of Chapter 2 (commencing with Section 8200) of, or child care programs outside of the provisions of Chapter 2.5 (commencing with Section 8400) of, Part 6.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.5. Child Care Food Program


text: The Department of Education shall maximize the use of available federal funds for the federal child care food program by all eligible entities that provide child development services or child care programs.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.5. Child Care Food Program


text: The Department of Education shall secure, in a timely manner, federal reimbursement for all eligible, participating entities in the child care food program.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.5. Child Care Food Program


text: To the extent permitted by federal law, the State Department of Education shall adopt regulations to establish eligibility requirements for participation in the child care food program and to impose penalties and sanctions for noncompliance by sponsoring organizations. This section may not be construed to prohibit the State Department of Education from terminating contracts with sponsoring organizations. The State Department of Education is authorized to establish contracts effective for periods of 12 months or less for sponsoring organizations meeting the department’s high-risk profile.

history: (History: Added by Stats. 1999, Ch. 78, Sec. 37. Effective July 7, 1999.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.5. Child Care Food Program


text: It is the intent of the Legislature that funding for costs for the implementation of this article shall come from either federal funds or transfer of funds appropriated for the support of the Department of Education.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.5. Child Care Food Program


text:
(a) The Legislature finds and declares as follows:

(1) Proper nutrition for children is a matter of the highest state priority.

(2) There is a demonstrated relationship between the good nutrition practices on a year-round basis and the capacity of children to develop and learn.

(3) Teaching the principles of good nutrition in schools is urgently needed to assist children at all income levels in developing proper eating habits that are essential for lifelong good health and productivity.

(b) The Legislature finds and declares that it is essential that schools, local governing boards, parents, and communities provide leadership and support for the establishment of nutrition program services for children on a year-round basis. The nutritional needs of children must continue to be met when school is not in session.

(c) The Legislature further recognizes the need to establish a permanent funding plan in order to provide qualifying local agencies with continuous financial support for the operation of child nutrition programs.

history: (History: Added by Stats. 1992, Ch. 948, Sec. 1. Effective January 1, 1993.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.7. Comprehensive Nutrition Services

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 27. PUPILS > 9. Pupil and Personnel Health > 10.7. Comprehensive Nutrition Services


text:
(a) The Legislature finds and declares the following:

(1) Needy children rely upon school meals for supplemental nutrition that benefits their health, growth, and academic and social development.

(2) Existing federal law, Section 1761 of Title 42 of the United States Code, establishes the Summer Food Service Program. This program provides assistance to states to support the operation of nonprofit food service programs for needy children during those times of the year when free and reduced-price school meals are not available.

(b) The State Department of Education is designated the state agency for purposes of the Summer Food Service Program (42 U.S.C. Sec. 1761) and shall submit to the Western Regional Office of the Food and Nutrition Service of the United States Department of Agriculture a program management and administration plan. If the plan is approved, the department shall manage and administer the program.

(c) The provisions of Sections 49501.5, 49536, 49550, and 49559 do not apply to the Summer Food Service Program, as set forth in this section.

history: (History: Amended by Stats. 2023, Ch. 600, Sec. 14. (SB 348) Effective January 1, 2024.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.7. Comprehensive Nutrition Services


text:
(a) The state board, in order to effect compliance with legislative findings expressed in Section 49547, shall restrict the criteria for the issuance of waivers from the requirements of Section 49550 to feed children during a summer school session. A waiver shall be granted for a period not to exceed one year if either of the following conditions exists:

(1) (A) A summer school session serving pupils enrolled in elementary school, as defined in clause (iii), shall be granted a waiver if a Summer Food Service Program for Children site is available within one-half mile of the schoolsite and either of the following conditions exists:

(i) The hours of operation of the Summer Food Service Program for Children site commence no later than one-half hour after the completion of the summer school session day.

(ii) The hours of operation of the Summer Food Service Program for Children site conclude no earlier than one hour after the completion of the summer school session day.

(iii) For purposes of this subdivision, “elementary school” means a public school that maintains kindergarten or any of grades 1 to 8, inclusive.

(B) A summer school session serving pupils enrolled in middle school, junior high school, or high school shall be granted a waiver if a Summer Food Service Program for Children site is available within one mile of the schoolsite and either of the following conditions exists:

(i) The hours of operation of the Summer Food Service Program for Children site commence no later than one-half hour after the completion of the summer school session day.

(ii) The hours of operation of the Summer Food Service Program for Children site conclude no earlier than one hour after the completion of the summer school session day.

(2) (A) Serving meals during the summer school session would result in a financial loss to the school district, documented in a financial analysis performed by the school district, in an amount equal to one-third of net cash resources, as defined in Section 210.2 of Part 210 of Title 7 of the Code of Federal Regulations, which, for purposes of this article, shall exclude funds that are encumbered. If there are no net cash resources, an amount equal to the operating costs of one month as averaged over the summer school sessions.

(B) The financial analysis required by subparagraph (A) shall include a projection of future meal program participation based on either of the following:

(i) Commencement of a meal service period after the commencement of the summer school session day and conclusion of a meal service period before the completion of the summer school session day.

(ii) Operation of a schoolsite as an open Summer Seamless Option or a Summer Food Service Program for Children site, and providing adequate notification thereof, including flyers and banners, in order to fulfill community needs under the Summer Food Service Program for Children (7 C.F.R. 225.14(d)(3)).

(3) The entire summer school day is two hours or less in duration.

(b) The state board and the Superintendent shall provide leadership to encourage and support schools and public agencies to participate in the Summer Food Service Program for Children, consistent with the intent of Section 49504.

(c) An application for a waiver shall be submitted no later than 60 days before the last regular meeting of the state board before the commencement of the summer school session for which the waiver is sought.

history: (History: Amended by Stats. 2013, Ch. 76, Sec. 44. (AB 383) Effective January 1, 2014.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.7. Comprehensive Nutrition Services


text:
(a) The State Department of Education shall seek federal statutory amendments as follows:

(1) To cause the Summer Food Service Program for Children to become more compatible with the National School Lunch Program by defining “enrollment” to allow flexibility in the eligibility criteria for the National School Lunch Program in order that more children can be served during school vacation periods under an ongoing school lunch-breakfast program.

(2) To specifically authorize California to be a pilot for universal year-round feeding under the concept of comprehensive child nutrition programs.

(b) The State Department of Education shall work to expand coordinated services for children to include comprehensive nutrition program services.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.7. Comprehensive Nutrition Services


text:
The State Department of Education shall invite the United States Department of Agriculture to join the Child Nutrition and Food Distribution Division in its annual workshops and conferences to present information on the Summer Food Service Program for Children. The State Department of Education shall integrate information on the Summer Food Service Program for Children into nutritional activities, presentations, and contacts with professional groups, including the Association of California School Administrators, California Association of School Business Officials, California School Food Service Association, California Dietetic Association, and California Nutrition Council. In addition, the State Department of Education shall:

(a) Assist the United States Department of Agriculture in preparing and distributing outreach materials and presentations on the Summer Food Service Program for Children that target schools, public and private nonprofit agencies, including soup kitchens, homeless feeding sites, and other charitable institutions.

(b) Obtain from the United States Department of Agriculture the profile of participating agencies and then work cooperatively with that department in targeting those underserved areas for intensive outreach efforts.

(c) Establish linkages with other agencies and organizations to facilitate increasing the number of Summer Food Service Program for Children sponsors. These agencies may include, but not be limited to, the California Department of Parks and Recreation, League of California Cities, County Supervisors Association of California, California Hunger Action Coalition, and other organizations.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 10.7. Comprehensive Nutrition Services


text:
(a) Because a hungry child cannot learn, the Legislature intends, as a state nutrition and health policy, that the federal School Breakfast Program be made available in all schools where it is needed to provide adequate nutrition for children in attendance.

(b) The department, in cooperation with school districts and county superintendents of schools, shall provide information and limited financial assistance to encourage program startup and expansion into all qualified schools, as follows:

(1) Provide information to school districts and county superintendents of schools concerning the benefits and availability of the federal School Breakfast Program.

(2) Each year, provide additional information and financial assistance to schools in the state, in which 20 percent or more of the school enrollment consists of children who have applied and qualify for free and reduced-price meals.

(c) The department shall award grants of up to fifteen thousand dollars ($15,000) per schoolsite on a competitive basis to school districts, county superintendents of schools, or entities approved by the department, limited to an amount subject to budget appropriations each fiscal year, for nonrecurring expenses incurred in initiating or expanding a school breakfast program under this section or a federal summer meals program, including the summer food service program pursuant to Article 10.7 (commencing with Section 49547) and the Seamless Summer Option component of the federal National School Lunch Program.

(d) Grants awarded under this section shall be used for nonrecurring costs of initiating or expanding a school breakfast program or a federal summer meals program, including the acquisition of equipment, training of staff in new capacities, outreach efforts to publicize new or expanded school breakfast programs or federal summer meals programs, minor alterations to accommodate new equipment, computer point-of-service systems for food service, and the purchase of vehicles for transporting food to schools. Funds may not be used for salaries and benefits of staff, food, computers, except computer point-of-service systems, or capital outlay.

(e) In making grant awards under this section in any fiscal year, the department shall give a preference to school districts and county superintendents of schools that do all of the following:

(1) Submit to the department a plan to start or expand school breakfast programs or federal summer meals programs in the school district or the county, including a description of the following:

(A) The manner in which the school district or county superintendent of schools will provide technical assistance and funding to schoolsites to expand those programs.

(B) Detailed information on the nonrecurring expenses needed to initiate a program.

(C) Public or private resources that have been assembled to carry out expansion of these programs during that year.

(2) Agree to operate the school breakfast program or the federal summer meals program for a period of not less than three years.

(3) Assure that the expenditure of funds from state and local resources for the maintenance of the school breakfast program or the federal summer meals program shall not be diminished as a result of grant awards received under this section.

(f) A grant awarded under this section may be used to implement a school breakfast program that serves breakfast after the start of the schoolday.

history: (History: Amended by Stats. 2018, Ch. 593, Sec. 5. (AB 3043) Effective January 1, 2019.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 27. PUPILS > 9. Pupil and Personnel Health > 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12


text:
(a) For purposes of this section, the following definitions apply:

(1) “Cafeteria fund” means the nonprofit school food service account, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations.

(2) “Educational entity” means a school district, county office of education, private nonprofit school, charter school, or residential child care institution, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations within the definition of “school.”

(3) “Universal breakfast” means a nutritionally adequate breakfast that complies with, and qualifies for reimbursement under, the federal School Breakfast Program and that is provided to every pupil at no charge.

(b) (1) Commencing with the 2019–20 school year, an educational entity that participates in the federal School Breakfast Program may, to the maximum extent practicable, provide universal breakfast. Except as provided in paragraph (2), an educational entity that seeks to use the cafeteria fund to supplement meal costs for universal breakfast shall submit to the department for approval before implementing universal breakfast pursuant to this section, on or before July 1 of each year, an application, signed by the educational entity’s governing board or governing body, certifying that the educational entity will provide breakfasts at no charge to all pupils and cover with nonfederal funds any costs of providing those breakfasts to all pupils above the amount provided in federal reimbursement.

(2) The requirement to submit an application to the department in paragraph (1) does not apply to an educational entity that participates in a federally authorized provision pursuant to which the educational entity provides universal breakfast, including, but not limited to, Provision 1, 2, or 3, or the Community Eligibility Provision of the federal Richard B. Russell National School Lunch Act (42 U.S.C. Sec. 1751 et seq.).

(c) Contributions that are a direct support of universal breakfast may be used to offset operation costs. These contributions may include the following:

(1) Funds from the cafeteria fund.

(2) Funds provided to support universal breakfast by organizations, including, but not limited to, school-related and community groups or by the city, county, city and county, or state.

history: (History: Added by Stats. 2018, Ch. 593, Sec. 6. (AB 3043) Effective January 1, 2019.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12


text: The State Board of Education shall adopt regulations prescribing standards and guidelines for carrying out the purposes of this article.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
For the purposes of this article, needy children shall be defined as those children who meet federal eligibility criteria for free and reduced price meals as defined in Section 49531, except for family day care homes which shall be reimbursed for 75 percent of the meals.

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.

history: (History: Amended by Stats. 1982, Ch. 209, Sec. 14.6. Effective May 20, 1982.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) A nutritionally adequate meal, for the purposes of this article, is a breakfast or lunch as defined in Section 49531 that qualifies for reimbursement under the federal child nutrition program regulations.

(b) (1) (A) For the purposes of special school nutrition supplements provided to pregnant or lactating pupils under Section 49559, protein and grain meal components for any given day shall, together, offer a total of five ounces of protein, one ounce of which shall be cheese or eight ounces of milk and three servings from the grain group, preferably whole and nutritious grains. This may be accomplished by adding one ounce of protein and one serving from the grain group at breakfast or serving these as a snack, and by adding one or two ounces of protein, one ounce of which shall be cheese or eight ounces of milk, to lunch, or by offering a morning supplement consisting of two or three ounces of protein, one ounce of which must be cheese, or eight ounces of milk, and one or two servings from the grain group.

(B) Meal components where only breakfast is served shall be increased to a total including one ounce of protein and two servings from the grain group, preferably whole and nutritious grains.

(C) Where both breakfast and lunch are provided, they shall, together, provide a total of five ounces of protein foods, one ounce of which shall be cheese, three servings from the grain group, preferably whole and nutritious grains, one and one-fourth cups from the fruit and vegetable group, and one pint from the milk group.

(2) The following options shall be allowed:

(A) One cup of fruit in place of one serving of the grain group, once a week.

(B) One cup of yogurt, made with pasteurized milk, in place of eight ounces of milk or one ounce of cheese, up to two times per week.

history: (History: Amended (as amended by Stats. 1998, Ch. 1078) by Stats. 2002, Ch. 1168, Sec. 34. Effective September 30, 2002.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
Any school district or county superintendent of schools which has had no food service employees since July 1, 1977, or has inadequate or no food preparation facilities as determined by the State Department of Education, and is, therefore, unable to provide a nutritionally adequate breakfast or lunch, or both, may contract for the preparation, delivery, and service of those meals. Any contract for the preparation, delivery, and service of meals shall not be deemed to establish food service positions for the purposes of Section 39902.

Prior to contracting for preparation, delivery, and service of such meals, a school district shall certify to the State Department of Education that no school district in the county nor the county superintendent of schools has the facilities and is willing to furnish those services.

history: (History: Amended by Stats. 1982, Ch. 613, Sec. 1.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: The Superintendent shall supervise the implementation of this article and shall investigate acts of alleged noncompliance. If the Superintendent finds that a school district or county superintendent of schools has failed to comply with this article, the Superintendent shall certify the noncompliance. The Superintendent shall conduct an investigation as may be necessary to document the noncompliance. The Superintendent, in the Superintendent’s discretion, shall seek injunctive relief to secure compliance with this article.

history: (History: Amended by Stats. 2021, Ch. 666, Sec. 45. (AB 486) Effective January 1, 2022.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) (1) The governing board of a school district and the county superintendent of schools shall make paper applications for free or reduced-price meals available to pupils at all times during each regular schoolday, and may also make an application electronically available online, provided that the online application complies with paragraph (3). Pursuant to federal and state guidelines, the application shall contain clear instructions for families that are homeless or are migrants, and shall also contain, in at least 8-point boldface type, each of the following statements:

(A) Applications for free and reduced-price meals may be submitted at any time during a schoolday.

(B) Children participating in the federal National School Lunch Program will not be overtly identified by the use of special tokens, special tickets, special serving lines, separate entrances, separate dining areas, or by any other means.

(2) A school district and the county superintendent of schools shall use all other paper applications it has for free or reduced-price meals before utilizing the applications pursuant to this subdivision.

(3) If a governing board of a school district, a county office of education, or a school food authority chooses to provide access to an online application for free or reduced-price meals pursuant to paragraph (1), the online application shall comply with all of the following requirements:

(A) Include a link to the Internet Web site on which translated applications are posted by the United States Department of Agriculture, with instructions in that language that inform the applicant how to submit the application. The Legislature finds and declares that federal guidelines require school food authorities to accept and process these applications if they are submitted to the school food authority.

(B) Require completion of only those questions that are necessary for determining eligibility.

(C) Include clear instructions for families that are homeless or are migrants.

(D) Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Children’s Online Privacy Protection Act of 1998 (Public Law 105-277).

(E) Include links to all of the following:

(i) The online application to CalFresh.

(ii) The online single state application for health care.

(iii) The Internet Web page maintained by the State Department of Public Health entitled “About WIC and How to Apply,” or another Internet Web page identified by the State Department of Public Health that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children.

(iv) The Internet Web site of a summer lunch program authorized to participate within the city or school district.

(F) No online application for free or reduced-price meals shall be made available online or made accessible online by a school district, a county office of education, or a school food authority if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application.

(b) The governing board of each school district and each county superintendent of schools shall formulate a plan, which shall be mailed to the State Department of Education for its approval, that will ensure that children eligible to receive free or reduced-price meals and milk shall not be treated differently from other children. These plans shall ensure each of the following:

(1) Unless otherwise specified, the names of the children shall not be published, posted, or announced in any manner, or used for any purpose other than the federal National School Lunch Program.

(2) There shall be no overt identification of any of the children by the use of special tokens or tickets or by any other means.

(3) The children shall not be required to work for their meals or milk.

(4) The children shall not be required to use a separate dining area, go through a separate serving line, enter the dining area through a separate entrance, or consume their meals or milk at a different time.

(c) When more than one lunch or breakfast or type of milk is offered pursuant to this article, the children shall have the same choice of meals or milk that is available to those children who pay the full price for their meal or milk.

history: (History: Amended by Stats. 2015, Ch. 390, Sec. 2. (SB 708) Effective January 1, 2016.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: In making available to pupils the application for participation in the free or reduced-price meal program provided for under subdivision (a) of Section 49557, each school district and county superintendent of schools is encouraged to include information that parents may use to request information concerning the Medi-Cal program administered pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and the Healthy Families Program, administered pursuant to Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code. School districts and county superintendents of schools are encouraged to perform this task in the most cost-beneficial manner.

history: (History: Added by Stats. 2000, Ch. 93, Sec. 1. Effective July 7, 2000.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) (1) At the option of the school district or county superintendent, and to the extent necessary to implement Section 14005.41 of the Welfare and Institutions Code, the following information may be incorporated into the School Lunch Program application packet or notification of eligibility for the School Lunch Program using simple and culturally appropriate language:

(A) A notification that if a child qualifies for free school lunches, then the child may qualify for free or reduced-cost health coverage.

(B) A request for the applicant’s consent for the child to participate in the Medi-Cal program, if eligible for free school lunches, and to have the information on the school lunch application shared with the entity designated by the State Department of Health Care Services to make an accelerated determination and the local agency that determines eligibility under the Medi-Cal program.

(C) A notification that the school district will not forward the school lunch application to the entity designated by the State Department of Health Care Services to make an accelerated determination and the local agency that determines eligibility under the Medi-Cal program, without the consent of the child’s parent or guardian.

(D) A notification that the school lunch application is confidential and, with the exception of forwarding the information for use in health program enrollment upon the consent of the child’s parent or guardian, the school district will not share the information with any other governmental agency, including the federal Department of Homeland Security and the Social Security Administration.

(E) A notification that the school lunch application information will only be used by the entity designated by the State Department of Health Care Services to make an accelerated determination and the state and local agencies that administer the Medi-Cal program for purposes directly related to the administration of the Medi-Cal program and will not be shared with other governmental agencies, including the federal Department of Homeland Security and the Social Security Administration for any purpose other than the administration of the Medi-Cal program.

(F) Information regarding the Medi-Cal program, including available services, program requirements, rights and responsibilities, and privacy and confidentiality requirements.

(2) The department, in consultation with school districts, county superintendents of schools, consumer advocates, counties, the State Department of Health Care Services, and other stakeholders, shall make recommendations regarding the School Lunch Program application, on or before February 1, 2003. The recommendations shall include specific changes to the School Lunch Program application materials as necessary to implement Section 14005.41 of the Welfare and Institutions Code, information for staff as to how to implement the changes, and a description of the process by which information on the School Lunch Program application will be shared with the county, as the local agency that determines eligibility under the Medi-Cal program.

(3) At the option of the school, the request for consent in subparagraph (B) of paragraph (1) may be modified so that the parent or guardian can also consent to allowing Medi-Cal to inform the school as provided in subdivision (n) of Section 14005.41 of the Welfare and Institutions Code when followup is needed in order to complete the Medi-Cal application process.

(b) (1) School districts and county superintendents of schools may implement a process to share information provided on the School Lunch Program application with the entity designated by the State Department of Health Care Services to make an accelerated determination and with the local agency that determines eligibility under the Medi-Cal program, and shall share this information with those entities, if the applicant consents to that sharing of information. Schools may designate, only as necessary to implement this section, nonfood service staff to assist in the administration of free, reduced price, or paid school lunch applications that have applicant consent, but only if that designation does not displace or have an adverse effect on food service staff. This information may be shared electronically, physically, or through whatever method is determined appropriate.

(2) If a school is aware that a child, who has been found eligible for free school lunches under the National School Lunch Program, and for whom the parent or guardian has consented to share the information provided on the application, already has an active Medi-Cal or Healthy Families case, the application shall not be processed for an accelerated determination but shall be forwarded to the local agency that determines eligibility under the Medi-Cal program pursuant to Section 14005.41 of the Welfare and Institutions Code. The school shall notify the parent or guardian of the child’s ineligibility for an accelerated Medi-Cal determination due to the current eligibility status and that the child’s application will be forwarded to the county pursuant to this section. The notice shall include a statement, with contact information, advising the parent or guardian to contact the Medi-Cal or Healthy Families programs regarding the child’s eligibility status.

(3) Each school district or county superintendent that chooses to share information pursuant to this subdivision shall enter into a memorandum of understanding with the local agency that determines eligibility under the Medi-Cal program, that sets forth the roles and responsibilities of each agency and the process to be used in sharing the information.

(4) The local agency that determines eligibility under the Medi-Cal program shall only use information provided by applicants on the school lunch application for purposes directly related to the administration of the Medi-Cal program.

(5) After school districts share information regarding the school lunch application with the entity designated by the State Department of Health Care Services to make an accelerated determination and the local agency that determines eligibility under the Medi-Cal program, for the purpose of determining Medi-Cal program eligibility, the local agency and the school district shall not share information about school lunch participation or the Medi-Cal program eligibility information with each other except as specifically authorized under subdivision (n) of Section 14005.41 of the Welfare and Institutions Code and other provisions of law.

(c) Effective July 1, 2005, the notifications and consent referenced in subdivision (a) and the procedures set out in subdivision (b) shall include the Healthy Families Program and any relevant county- and local-sponsored health insurance programs as necessary to implement Section 14005.41 of the Welfare and Institutions Code.

(d) Effective January 1, 2014, the notifications referenced in subdivision (a) shall do all of the following:

(1) Advise the applicant that the applicant may be eligible for reduced-cost comprehensive health care coverage through the California Health Benefit Exchange.

(2) Advise that, if the applicant’s family income is low, the applicant may be eligible for no-cost coverage through Medi-Cal.

(3) Provide the applicant with the contact information for the California Health Benefit Exchange, including its Internet Web site and telephone number.

(4) Comply with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and any other applicable federal or state disabled access law.

(e) If a school district finds that the child is eligible for reduced price or paid meals under the National School Lunch Program and consent was provided as described in subdivision (b), the entity designated by the State Department of Health Care Services to make an accelerated determination shall notify the parent or guardian of the child’s ineligibility for an accelerated Medi-Cal determination pursuant to Section 14005.41 of the Welfare and Institutions Code. The notification shall include information on other available health programs for which the child may be eligible.

(f) A school district may also include the notifications in the notifications at the beginning of the first semester or quarter of the regular school term required pursuant to Section 48980.

(g) Upon receipt of information provided on the School Lunch Program application pursuant to this section, for a pupil who is not already enrolled in a health insurance affordability program, the county shall treat the School Lunch Program application as an application for a health insurance affordability program. For purposes of administration of the Medi-Cal program, the application date shall be the date that the School Lunch Program application is received by the county human services department. The county shall take no further action if it determines that the pupil is already enrolled in a health insurance affordability program.

history: (History: Amended by Stats. 2014, Ch. 71, Sec. 40. (SB 1304) Effective January 1, 2015.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) Each school district or county office of education, at its option, may enter into a memorandum of understanding with the local agency that determines CalFresh program eligibility, or its designee, to share information provided on the School Lunch Program application with that agency, if the child is approved for free meals or, if included in the memorandum of understanding, reduced-price meals, and if the applicant consents to the sharing of that information. The information may be shared electronically, physically, or through whatever method is determined appropriate. Any memorandum of understanding entered into pursuant to this section shall set forth the roles and responsibilities of the school district or county office of education and the local agency, and the process to be used in sharing the information.

(b) The local agency that determines CalFresh program eligibility shall use information provided on a School Lunch Program application only for purposes directly related to the enrollment of families in the CalFresh program.

(c) The School Lunch Program application is confidential, and, with the exception of forwarding the information on the application for use in CalFresh program enrollment consistent with Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code upon the consent of the pupil’s parent or guardian, the school district, county superintendent of schools, or CalFresh program administrators shall not share the information with any other governmental agency, including the federal Immigration and Naturalization Service and the Social Security Administration, or use the information for any purpose other than enrollment in the CalFresh program.

(d) After a school district or county office of education shares information provided on a School Lunch Program application with the local agency that determines CalFresh program eligibility, or its designee, for the purpose of determining the applicant’s eligibility for the CalFresh program, the school district or county office of education and the local agency, or its designee, shall not share information about the applicant or his or her household with each other, or any other entity, unless specifically authorized to do so pursuant to other provisions of law.

history: (History: Added by Stats. 2011, Ch. 504, Sec. 1. (AB 402) Effective January 1, 2012.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) Notwithstanding Sections 49076, 49557.3, and 49558, and accompanying regulations, the State Department of Education and the State Department of Social Services may share data for the limited purpose of administering the Pandemic Electronic Benefit Transfer (P-EBT) food benefit program established pursuant to Public Law 116-127, including, but not limited to, identifying eligible students and evaluating program outcomes.

(b) The authority provided by this section shall continue until the P-EBT program established pursuant to Public Law 116-127 has been terminated pursuant to federal law or federal approval to administer the program has expired.

history: (History: Added by Stats. 2021, Ch. 696, Sec. 2. (AB 172) Effective October 8, 2021.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) For purposes of this section, “local educational agency” means a school, school district, county office of education, or charter school.

(b) (1) A local educational agency shall ensure that a pupil is not denied an available reimbursable meal of the pupil’s choice and is not shamed or treated differently from other pupils due to the pupil’s eligibility for free or reduced-price meals. This paragraph does not prohibit a school from serving an alternative reimbursable meal to a pupil who may need one for dietary or religious reasons, or as a regular menu item.

(2) If a local educational agency is required to provide to the department or to the United States Department of Agriculture a copy of the meal charge policy required pursuant to memorandum SP 46-2016 issued by the United States Department of Agriculture, the local educational agency or governing board or body of the local educational agency, as applicable, shall make that policy public.

(c) School personnel and volunteers at a local educational agency that serves nutritionally adequate meals to pupils during the instructional day shall not allow any disciplinary action that is taken against a pupil to result in the denial or delay of a nutritionally adequate breakfast or a nutritionally adequate lunch, as defined in Section 49553, to that pupil.

(d) A local educational agency shall not take any action directed at a pupil to collect school meal fees.

(e) This section shall only apply to a local educational agency that provides school meals through the federal National School Lunch Program or the federal School Breakfast Program.

history: (History: Amended by Stats. 2023, Ch. 600, Sec. 16. (SB 348) Effective January 1, 2024.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Notwithstanding Sections 49076, 49557.3, and 49558, and accompanying regulations, the State Department of Education and the State Department of Social Services may share data for the limited purpose of administering the federal Summer Electronic Benefit Transfer for Children (Summer EBT) program established pursuant to Section 1762 of Title 42 of the United States Code, including, but not limited to, identifying eligible students and evaluating program outcomes.

history: (History: Added by Stats. 2023, Ch. 43, Sec. 1. (AB 120) Effective July 10, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) All applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of any provision of this code relating to free or reduced-price meal eligibility shall be confidential, and may not be open to examination for any purpose not directly connected with the administration of any free or reduced-price meal program, or any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any free or reduced-price meal program.

(b) Notwithstanding subdivision (a), a public officer or agency may allow school district employees, who are authorized by the governing board of the school district, to disclose from the individual meal records only the pupil’s name and school meal eligibility status, solely for purposes of disaggregation of academic achievement data or to identify pupils eligible for public school choice and direct pupil services pursuant to the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.), if the public agency ensures the following:

(1) The public agency has adopted a policy that allows for the use of individual records for these purposes.

(2) No individual indicators of participation in any free or reduced-price meal program are maintained in the permanent record of any pupil, unless otherwise allowed by law.

(3) No public release of information regarding individual pupil participation in any free or reduced-price meal program is permitted.

(4) All other confidentiality provisions required by law are met.

(5) The information collected regarding individual pupils certified to participate in the free or reduced-price meal program is destroyed when it is no longer needed for its intended purpose.

(c) Notwithstanding subdivision (a), the school districts and county superintendents of schools may release information on the School Lunch Program application to the local agency that determines eligibility under the Medi-Cal program if the child is approved for free meals and if the applicant consents to the sharing of information pursuant to Section 49557.2.

(d) Notwithstanding subdivision (a), the school districts and county superintendents of schools may release information on the School Lunch Program application to the local agency that determines eligibility under the CalFresh program or to an agency that determines eligibility for nutrition assistance programs authorized by Chapter 2 (commencing with Section 210.1) of Subtitle B of Title 7 of the Code of Federal Regulations, if the child is approved for free or reduced-price meals and if the applicant consents to the sharing of information pursuant to Section 49557.3.

(e) Notwithstanding subdivision (a), a school district, charter school, or county office of education may release the name and eligibility status of a pupil participating in the free or reduced-price meal program as follows:

(1) To the Superintendent for purposes of determining funding allocations under the local control funding formula and for assessing the accountability of that funding.

(2) Upon request, to another school district, charter school, or county office of education that is serving a pupil living in the same household as an enrolled pupil for purposes related to free or reduced-price meal program eligibility and for data used in local control funding formula calculations.

(f) Information released pursuant to subdivision (c), (d), or (e) shall adhere to all of the following requirements:

(1) Individual indicators of participation in a free or reduced-price meal program shall not be maintained in the permanent record of any pupil, unless otherwise authorized by law.

(2) The public release of information regarding individual pupil participation in a free or reduced-price meal program is not permitted.

(3) All other confidentiality requirements imposed by law or regulation are met.

history: (History: Amended by Stats. 2018, Ch. 669, Sec. 10. (AB 1661) Effective January 1, 2019.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) Any school food authority that participates in a federal child nutrition program and is reimbursed pursuant to subdivision (b) of Section 49501.5 for meals served pursuant to this article may be reimbursed at the current rate as determined by the State Department of Education, pursuant to subdivision (d). If the sum appropriated for purposes of this section is not sufficient to make the allowances specified by this section, the allowances shall be reduced proportionately. This rate shall be in addition to the reimbursement currently provided under Section 49536. The additional funds shall be used exclusively to supplement the meals served pursuant to Section 49501.5.

(b) The State Department of Education shall make allowances to school food authorities from the General Fund on at least a quarterly basis. Program providers shall submit claims to the department within 60 days after the close of each claim month. Within 45 calendar days of submission of a timely and valid claim, the State Department of Education shall tender reimbursement.

(c) (1) The State Department of Education shall, upon enactment of the annual Budget Act, prescribe an adjustment in the state meal contribution rates for the next fiscal year. The adjustments shall reflect the changes in the cost of operating a school breakfast, snack, and lunch program and shall be effective July 1 of each year. The adjustment shall be based on 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.

(2) In giving effect to the cost-of-living provisions of this subdivision, the State Department of Education shall prescribe a calendar month for the computation of the percentage change in the cost of living after July 1, 1985. 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 this subdivision. For the purposes of this subdivision, state reimbursement shall be made for the breakfast or lunch that qualifies for reimbursement pursuant to the nutritional requirements of Section 49553.

history: (History: Amended by Stats. 2023, Ch. 600, Sec. 17. (SB 348) Effective January 1, 2024.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: The child nutrition programs operated pursuant to Section 49559 shall maintain a data base as specified by the Superintendent of Public Instruction for purposes of program evaluation. From the funds appropriated in Section 4 of this act, an amount not to exceed 5 percent may be used for administrative expenses incurred by the State Department of Education, including administrative costs incurred in the collection of the data.

history: (History: Added by Stats. 1985, Ch. 1482, Sec. 4.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) The department shall create a computerized data matching system using existing databases from the department and the State Department of Health Care Services to directly certify recipients of CalFresh, the California Work Opportunity and Responsibility to Kids program (the CalWORKs program) (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), and other programs authorized for direct certification under federal law for enrollment in the federal National School Lunch Program and the federal School Breakfast Program.

(b) The department shall design a process using an existing agency database that will conform with data from the State Department of Health Care Services to meet the direct certification requirements of the federal National School Lunch Act, as amended, pursuant to Chapter 13 (commencing with Section 1751) of Title 42 of the United States Code, and the federal Child Nutrition Act of 1966, as amended, pursuant to Chapter 13A (commencing with Section 1771) of Title 42 of the United States Code.

(c) The department shall design a process using computerized data pursuant to subdivision (a) that will maximize enrollment in school meal programs and improve program integrity while ensuring that pupil privacy safeguards remain in place. The State Department of Health Care Services or the department shall conduct the data match of local school records to determine program eligibility, as required by federal law. Use of any data by the department in the data match process shall conform with the privacy and confidentiality protections identified in paragraph (1) of subdivision (d).

(d) (1) Each state agency identified in subdivision (a) is responsible for the maintenance and protection of data received by the respective agency. The state agency that possesses the data shall follow privacy and confidentiality procedures consistent with all applicable state and federal law. Additionally, each state agency involved in the data match process shall amend any applicable existing agreements before the department may conduct the data match pursuant to subdivision (c). Before a state agency provides the department with data to conduct a data match, the department and that state agency shall execute a written agreement that outlines the use of the data in the data match process and incorporates privacy and confidentiality procedures consistent with all applicable state and federal law. To the extent permitted by state and federal law, the department and the State Department of Health Care Services may review the data only for the purposes of improving the effectiveness of the data matches made pursuant to this section and Section 49562.

(2) Notwithstanding Section 10850 of the Welfare and Institutions Code, data that identify applicants for, or recipients of, public social services, may be transferred from existing databases maintained by the State Department of Health Care Services, in order to directly certify recipients of CalFresh, the CalWORKs program, and other programs authorized for direct certification under federal law, in compliance with subdivision (a). The Legislature hereby finds and declares that this paragraph is declaratory of existing law.

(e) The department shall determine the availability of and request or apply for, as appropriate, federal funds to assist the state in implementing new direct certification requirements mandated by federal law.

(f) This section shall become operative upon receipt of federal funds to assist the state in implementing new direct certification requirements mandated by federal law.

history: (History: Amended by Stats. 2017, Ch. 91, Sec. 1. (AB 1502) Effective January 1, 2018. Section conditionally operative as provided in subd. (f).)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) The department, in consultation with the State Department of Health Care Services, shall develop and implement a process to use the participation data from the Medi-Cal program administered pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, to verify income as established in the federal Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265) and, to the extent permitted under federal law, directly certify children whose families meet the applicable income criteria into the school meal program.

(b) The department shall share the participation data described in subdivision (a) with local educational agencies. A local educational agency that participates in a federal school meal program shall use the participation data described in subdivision (a), commencing with the participation data of pupils in the 2017–18 school year, to directly certify pupils eligible for free and reduced-price school meals, to the extent permitted under federal law.

(c) In the operation of this process, the department shall limit the information needed from the State Department of Health Care Services to identify families whose income falls below the eligibility cutoff for free or reduced-price meals, and utilize the least amount of information needed to facilitate a match of local school records. The State Department of Health Care Services shall conduct the data match of local school records and return a list to the department, including only the data fields submitted by the department and an indicator of program eligibility, as required by federal law.

(d) The department and the State Department of Health Care Services shall design this process to maintain pupil privacy and the privacy of Medi-Cal recipients by establishing privacy and confidentiality procedures consistent with all applicable state and federal laws. Local educational agencies shall maintain pupil privacy and the privacy of Medi-Cal recipients through privacy and confidentiality procedures consistent with applicable state and federal laws. The department and local educational agencies shall utilize appropriate technical and security safeguards to ensure any Medi-Cal participation data is protected, consistent with applicable state and federal laws. To the extent permitted by state and federal law, the department and the State Department of Health Care Services may review the data only for the purposes of improving the effectiveness of the data matches made pursuant to this section and Section 49561.

(e) (1) The participation data described in subdivision (a) is exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The participation data described in subdivision (a) shall be used only for the purposes of direct certification pursuant to this section, shall not be open to the public for inspection, and shall not be disclosed to any other party without the written consent of the parent or legal guardian of the pupil, except for the purpose of directly certifying pupils for free and reduced-price meals pursuant to this section or as otherwise required or authorized by law or state or federal court order.

(2) This subdivision does not prohibit the disclosure of aggregate data that does not reveal personally identifying information about a pupil or a pupil’s family.

(f) The department specifically shall ensure that the process, and use and sharing of participation data from the Medi-Cal program, conforms to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5) and its implementing regulations, and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), by using strategies employed by other states’ Medicaid verification projects or by developing a new strategy that ensures conformity. If applicable, Medi-Cal participation data shall also be subject to Section 49602 and its implementing regulations.

(g) The department shall seek all necessary approvals to establish this process and shall apply for available federal funds to support the work of this process.

(h) This section shall become operative upon the receipt of federal funds to assist the state in implementing the provisions of this section.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 72. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615. Section conditionally operative as provided in its own provisions.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) For purposes of this section, the following terms have the following meanings:

(1) “Buy American provision” means the provision requiring a school food authority to purchase, to the maximum extent practicable, domestic commodities or products, as specified in subdivision (n) of Section 1760 of Title 42 of the United States Code.

(2) “Domestic” means an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States.

(3) “Substantial” means over 51 percent of the final processed product consists of agricultural commodities grown domestically.

(4) “School food authority” has the same meaning as defined in Section 210.2 of Title 7 of the Code of Federal Regulations.

(b) In order to monitor school food authorities’ compliance with the Buy American provision, the department shall fulfill its obligations in accordance with the federal regulations.

(c) The department shall make requirements, resources, and best practices for the Buy American provision available on its Internet Web site.

(d) The department shall distribute to school food authorities guidance or regulations from the United States Department of Agriculture for the Buy American provision, as updates are issued.

(e) The requirements of this section shall be operative only if mandated by federal law.

history: (History: Added by Stats. 2017, Ch. 571, Sec. 2. (SB 730) Effective January 1, 2018.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) For purposes of this section, a “high-poverty school” is a school that enrolls pupils in kindergarten or in any of grades 1 to 12, inclusive, and is eligible to operate under the Community Eligibility Provision, pursuant to Section 1759a of Title 42 of the United States Code.

(b) (1) 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, a school district or a county superintendent of schools shall provide breakfast and lunch free of charge to all pupils at a high-poverty school pursuant to this section.

(2) (A) On or before June 30, 2022, a school district or county superintendent of schools that has a high-poverty school with an identified student percentage of 40 percent or more 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 or Provision 2, pursuant to Section 1759a of Title 42 of the United States Code.

(B) Nothing in this paragraph shall prohibit a school district or a county superintendent of schools from participating in a federal universal meal service provision if a high-poverty school in its jurisdiction has an identified student percentage of less than 40 percent.

(3) A school district or county superintendent of schools shall begin providing a universal meal service pursuant to Section 1759a of Title 42 of the United States Code to all pupils at a high-poverty school upon state approval to operate a universal meal service.

(c) The department shall provide technical assistance to school districts and county superintendents of schools for the purpose of maximizing the number of schools within each local educational agency to be eligible for the Community Eligibility Provision, pursuant to Section 1759a of Title 42 of the United States Code.

(d) For purposes of this section, a charter school shall be considered a high-poverty school only if it participates in the federal National School Lunch Program or the federal School Breakfast Program, or both, and meets the description in subdivision (a). A charter school that is a high-poverty school shall comply with the requirements specified in subdivision (b).

history: (History: Amended by Stats. 2024, Ch. 38, Sec. 59. (SB 153) Effective June 29, 2024.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: In order to ensure optimal access to nutrition, facilitate the use of the federal Community Eligibility Provision (42 U.S.C. Sec. 1759a), and further reduce the burden of collecting annual unduplicated pupil income data through free and reduced-price school meal applications, a school district or county superintendent of schools may determine a pupil’s eligibility for free and reduced-price school meals based on data including the direct certification match and alternative measures of poverty pursuant to Section 42238.01 for purposes of the local control funding formula, paragraph (5) of subdivision (a) of Section 6313 of Title 20 of the United States Code, and Section 54.505 of Title 47 of the Code of Federal Regulations.

history: (History: Added by Stats. 2017, Ch. 724, Sec. 4. (SB 138) Effective January 1, 2018.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Each school district, county superintendent of schools, and other public or private entity that participates in programs under the National School Lunch Act, as amended, and as prescribed by Chapter 13 (commencing with Section 1751) of Title 42 of the United States Code, may, if consistent with federal law, offer whole milk, in addition to other kinds of milk, if federal regulations require a lunch eligible for federal cash reimbursement under the act to contain unflavored, fluid lowfat milk, skim milk, or buttermilk.

history: (History: Added by Stats. 1980, Ch. 930, Sec. 1.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 12. National School Lunch Act

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 27. PUPILS > 9. Pupil and Personnel Health > 12. National School Lunch Act


text:
(a) The Legislature finds and declares that the state strives to serve National School Lunch Program meals of the highest quality and greatest nutritional value possible.

(b) Upon appropriation by the Legislature, and contingent upon allocations provided by the federal Consolidated Appropriations Act, the department shall provide a state matching grant of up to one hundred thousand dollars ($100,000) to a school food authority participating in the federal National School Lunch Program that applies for and is awarded a federal Equipment Assistance Grant for School Food Authorities from the department in its administration of the federal National School Lunch Program. The state appropriation shall be for a minimum of two years and shall align with the United States Department of Agriculture National School Lunch Program Equipment Grant for School Food Authorities terms and conditions, period of performance, criteria, timelines, and procurement and funding expenditure requirements.

(c) A school food authority may use the federal and state grants for up to five individual schoolsites or may combine the federal and state grants for one purpose, such as creating a centralized industrial kitchen. The state matching assistance grant shall be competitively awarded and shall align with the federal equipment assistance grant requirements pursuant to subdivision (b). Unspent state matching grant funds shall be retained by the department for one or more additional equipment grants, subject to the same requirements.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 71. (AB 991) Effective January 1, 2020.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 12. National School Lunch Act


text:
For purposes of this article, the following terms have the following meanings:

(a) “Food” has the same meaning as in Section 113781 of the Health and Safety Code.

(b) “Food bank” has the same meaning as in Section 113783 of the Health and Safety Code.

(c) “Nonprofit charitable organization” has the same meaning as in Section 113841 of the Health and Safety Code.

history: (History: Added by Stats. 2017, Ch. 285, Sec. 1. (SB 557) Effective January 1, 2018.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 13. Food Recovery Program

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 27. PUPILS > 9. Pupil and Personnel Health > 13. Food Recovery Program


text: The department shall update its guidance on the donation of leftover food to allow a public school cafeteria to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge or to make leftover food available to pupils during the course of a regular school meal time that is consistent with Section 114079 of the Health and Safety Code.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 13. Food Recovery Program


text: The Legislature finds and declares that the State of California strives to serve food of the highest quality and greatest nutritional value possible. The department shall monitor schools participating in the federal National School Lunch Program or federal School Breakfast Program to ensure that the nutrition levels of meals served to schoolage children qualify those meals for reimbursement under the federal child nutrition program regulations as nutritionally adequate breakfasts and nutritionally adequate lunches, as defined in subdivision (b) of Section 49531.

history: (History: Amended by Stats. 2018, Ch. 593, Sec. 7. (AB 3043) Effective January 1, 2019.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 14. School Nutrition Report

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 27. PUPILS > 9. Pupil and Personnel Health > 14. School Nutrition Report


text:
(a) The governing board of a school district may, and is urged to, provide access to a comprehensive educational counseling program for all pupils enrolled in the school district. It is the intent of the Legislature that a school district that provides educational counseling to its pupils implement a structured and coherent counseling program within a Multi-Tiered Systems of Support framework.

(b) For purposes of this section, “educational counseling” means specialized services provided by a school counselor possessing a valid credential with a specialization in pupil personnel services who directly counsels pupils and implements equitable school programs and services that support pupils in their academic development, social emotional development, and college and career readiness.

(c) It is the intent of the Legislature that school counselors do all of the following:

(1) Engage with, advocate for, and provide both of the following services for all pupils:

(A) Direct services, including, but not limited to, individual counseling, group counseling, risk assessment, crisis response, and instructional services, including, but not limited to, mental health, behavioral, academic, and postsecondary educational services.

(B) Indirect services, including, but not limited to, positive school climate strategies, teacher and parent consultations, and referrals to public and private community services.

(2) Plan, implement, and evaluate comprehensive school counseling programs.

(3) Work within multi-tiered systems of support that use multiple data sources to monitor and improve pupil behavior, attendance, engagement, and achievement.

(4) Develop, coordinate, and supervise comprehensive pupil support systems in collaboration with teachers, administrators, other pupil personnel services professionals, families, community partners, and community agencies, including county mental health agencies.

(5) Promote and maintain a safe learning environment for all pupils by providing restorative practices, positive behavior interventions, and support services, and by developing and responding with a variety of intervention strategies to meet individual, group, and school community needs before, during, and after crisis response.

(6) Intervene to ameliorate school-related problems, including problems related to chronic absences and retention.

(7) Use research-based strategies to promote mental wellness, reduce mental health stigma, and identify characteristics, risk factors, and warning signs of pupils who develop, or are at risk of developing, mental health and behavioral disorders and who experience, or are at risk of experiencing, mistreatment, including mistreatment related to any form of conflict or bullying.

(8) Improve school climate and pupil well-being by, including, but not limited to, addressing the mental and behavioral health needs of pupils during their times of transition, separation, heightened stress, and critical changes, and accessing community programs and services to meet those needs.

(9) Enhance pupils’ social and emotional competence, character, health, civic engagement, cultural literacy, and commitment to lifelong learning and the pursuit of high-quality educational programs.

(10) Provide counseling services for unduplicated pupils who are classified as English learners, eligible for free or reduced-price meals, or foster youth in a manner that promotes equity and access to appropriate education systems and public and private services.

(11) Engage in continued development as a professional school counselor.

(d) Educational counseling shall include academic counseling and postsecondary services, in the following areas:

(1) Development and implementation, with parental involvement, of the pupil’s immediate and long-range educational plans.

(2) Optimizing progress towards achievement of proficiency standards and competencies.

(3) Completion of the required curriculum in accordance with the pupil’s needs, abilities, interests, and aptitudes.

(4) Academic planning for access and success in higher education programs, including advisement on courses needed for admission to colleges and universities, standardized admissions tests, and financial aid.

(5) Provide high-quality career programs at all grade levels for pupils, in which pupils are assisted in doing all of the following:

(A) Planning for the future, including, but not limited to, identifying personal interests, skills, and abilities, career planning, course selection, and career transition.

(B) Becoming aware of personal preferences and interests that influence educational and occupational exploration, career choice, and career success.

(C) Developing work self-efficacy for the ever-changing work environment, the changing needs of the workforce, and the effects of work on the quality of life.

(D) Understanding the relationship between academic achievement and career success, and the importance of maximizing career options.

(E) Understanding the value of participating in career technical education pathways, programs, and certifications, including, but not limited to, those related to regional occupational programs and centers, the federal program administered by the United States Department of Labor offering free education and vocational training to pupils, known as “Job Corps,” the California Conservation Corps, work-based learning, industry certifications, college preparation and credit, and employment opportunities.

(F) Understanding the need to develop essential employable skills and work habits.

(G) Understanding entrance requirements to the Armed Forces of the United States, including the benefits of the Armed Services Vocational Aptitude Battery (ASVAB) test.

(e) Educational counseling may also include counseling in any of the following:

(1) Individualized review of the academic and deportment records of a pupil.

(2) Advising pupils, in consultation with their parents and legal guardians when at all possible, who are at risk of not promoting or graduating with the rest of their class.

(3) Developing a list of coursework and experience necessary to assist each pupil in middle school to successfully transition to high school and meet all graduation requirements.

(4) In schools that enroll pupils in grades 6 to 12, inclusive, developing a list of coursework and experience necessary to assist and counsel each pupil to begin to satisfy the A–G requirements for admission to the University of California and the California State University and encourage participation in college preparation programs, including, but not limited to, the Advancement Via Individual Determination (AVID) program, and early college, dual enrollment, advanced placement, and international baccalaureate programs.

(5) Developing pupil knowledge of financial aid planning for postsecondary education by providing pupils with financial aid information, including, but not limited to, information on the Free Application for Federal Student Aid (FAFSA), the California Dream Act application (CADAA), the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3, local and national scholarship programs, financial aid programs and resources for foster and homeless youth, fee waiver programs, and other financial aid programs and options, and net college cost.

(6) Providing a copy of the lists developed pursuant to paragraph (4) to a pupil and the pupil’s parent or legal guardian, ensuring that the list of coursework and experience is part of the pupil’s cumulative record.

(7) Developing a list of coursework and experience for a pupil enrolled in grade 12, including options for continuing the pupil’s education if the pupil fails to meet graduation requirements. These options shall include, but are not limited to, all of the following:

(A) Enrolling in an adult education program.

(B) Enrolling in a community college.

(C) Continuing enrollment in the pupil’s current school district.

(8) Providing a copy of the list of coursework and experiences developed pursuant to paragraph (7) to the pupil and the pupil’s parent or legal guardian, ensuring that the list of coursework and experience is part of the cumulative records of a pupil.

(9) Offering and scheduling an individual conference with each pupil in grades 10 and 12 who has not satisfied, or is not on track to satisfy, the curricular requirements for admission to the University of California and the California State University and to successfully transition to postsecondary education or employment, and providing the following information to the pupil and the pupil’s parent or legal guardian:

(A) The score of the pupil on the English language arts or mathematics portion of the California Assessment of Student Performance and Progress, established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33, administered in grade 6, as applicable.

(B) The availability of financial aid for postsecondary education.

(10) Providing mental and behavioral health services to which pupils receive prevention, early intervention, and short-term counseling services and receive classroom instruction in mental health to reduce stigma and increase awareness of counseling support services.

(11) Providing training to school staff to recognize mental health warning signs.

(f) This section does not prohibit persons participating in an organized advisory program approved by the governing board of a school district, and supervised by a school district counselor, from advising pupils pursuant to the organized advisory program.

history: (History: Amended by Stats. 2022, Ch. 153, Sec. 1. (AB 2508) Effective January 1, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 10. Educational Counseling

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 4. INSTRUCTION AND SERVICES > 27. PUPILS > 10. Educational Counseling


text:
(a) The State Department of Education shall, no later than December 31, 1986, develop a career guidance model for science and technology for use in school district counseling programs, and shall make the model available to the governing boards of all school districts in this state.

(b) The model shall be designed to provide information for use in career guidance offered to pupils in grades 7 through 12, regarding the potential for employment, educational requirements, and other matters pertaining to careers in the fields of science and technology. The purposes of the model shall be to objectively acquaint pupils with the option of pursuing careers in those fields, and to advise them in a timely manner of the preparation necessary to undertaking those careers.

(c) In developing the model, the State Department of Education shall employ materials and other resources that are available from public and private organizations, to the extent appropriate for the purposes of this section.

history: (History: Added by Stats. 1987, Ch. 1452, Sec. 426.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
Any information of a personal nature disclosed by a pupil 12 years of age or older in the process of receiving counseling from a school counselor as specified in Section 49600 is confidential. Any information of a personal nature disclosed to a school counselor by a parent or guardian of a pupil who is 12 years of age or older and who is in the process of receiving counseling from a school counselor as specified in Section 49600 is confidential. The information shall not become part of the pupil record, as defined in subdivision (b) of Section 49061, without the written consent of the person who disclosed the confidential information. The information shall not be revealed, released, discussed, or referred to, except as follows:

(a) Discussion with psychotherapists as defined by Section 1010 of the Evidence Code, other health care providers, or the school nurse, for the sole purpose of referring the pupil for treatment.

(b) Reporting of child abuse or neglect as required by Article 2.5 (commencing with Section 11165) of Chapter 2 of Title 1 of Part 4 of the Penal Code.

(c) Reporting information to the principal or parents of the pupil when the school counselor has reasonable cause to believe that disclosure is necessary to avert a clear and present danger to the health, safety, or welfare of the pupil or the following other persons living in the school community: administrators, teachers, school staff, parents, pupils, and other school community members.

(d) Reporting information to the principal, other persons inside the school, as necessary, the parents of the pupil, and other persons outside the school when the pupil indicates that a crime, involving the likelihood of personal injury or significant or substantial property losses, will be or has been committed.

(e) Reporting information to one or more persons specified in a written waiver after this written waiver of confidence is read and signed by the pupil and preserved in the pupil’s file.

Notwithstanding the provisions of this section, a school counselor shall not disclose information deemed to be confidential pursuant to this section to the parents of the pupil when the school counselor has reasonable cause to believe that the disclosure would result in a clear and present danger to the health, safety, or welfare of the pupil.

Notwithstanding the provisions of this section, a school counselor shall disclose information deemed to be confidential pursuant to this section to law enforcement agencies when ordered to do so by order of a court of law, to aid in the investigation of a crime, or when ordered to testify in any administrative or judicial proceeding.

Nothing in this section shall be deemed to limit access to pupil records as provided in Section 49076.

Nothing in this section shall be deemed to limit the counselor from conferring with other school staff, as appropriate, regarding modification of the pupil’s academic program.

It is the intent of the Legislature that counselors use the privilege of confidentiality under this section to assist the pupil whenever possible to communicate more effectively with parents, school staff, and others.

No person required by this section to keep information discussed during counseling confidential shall incur any civil or criminal liability as a result of keeping that information confidential.

As used in this section, “information of a personal nature” does not include routine objective information related to academic and career counseling.

title: 2. ELEMENTARY AND SECONDARY EDUCATION