August 22, 2018 CUSD BOT Meeting Agenda Item #33 RESOLUTION NO. 1819-01, REQUEST FOR WAIVER – EXEMPTION FROM UNIVERSAL MEAL SERVICE

Board Agenda page 625

Board Audio

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

 

This Item is mandated by law to be brought before the Board at two consecutive Board Meetings. The Item was brought forward at the July 25, 2018 meeting for information and discussion and the Item is being brought forward at the August 22, 2018 CUSD BOT Meeting for a vote to approve Resolution No 1819-01 seeking a waiver from the Universal Meal Service program.

 

July 25, 2018 CUSD BOT Meeting Agenda Item #57 RESOLUTION NO. 1819-01, REQUEST FOR WAIVER - EXEMPTION FROM UNIVERSAL MEAL SERVICE

Board Agenda page 1014

Board Audio 3:14:01

CUSDWatch Comment

California law now requires every school district in the State to provide breakfast and lunch free of charge to every student in a school designated "very high poverty".

Very high poverty schools are defined as one that qualify to receive the free meal rate in the Community Eligibility Provision (CEP) 

The Community Eligibility Provision (CEP) is a non-pricing meal service option for schools and school districts in low-income areas. CEP allows the nation’s highest poverty schools and districts to serve breakfast and lunch at no cost to all enrolled students without collecting household applications. Instead, schools that adopt CEP are reimbursed using a formula based on the percentage of students categorically eligible for free meals based on their participation in other specific means-tested programs, such as the Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF).

School Districts that are unable to comply due to financial hardship may seek a waiver by adopting a resolution. The resolution shall be publicly noticed on at least two consecutive meeting agendas, on the first meeting agenda as an information item and on the second meeting agenda as an action item.

CUSD has two schools Kinoshita and RH Dana that meet the criteria as "very high poverty" schools. Without the waiver, CUSD will have to pay to provide a free breakfast and lunch to every student in the school.

Source: Dataquest 

Kinoshita Elementary School 

Total Enrollment 590

96.3% Hispanic or Latino

Language Proficiency

 52 English Only

 30 Initial Fluent English Proficient

450 English Learners

  58 Reclassified Fluent English Proficient

 

Richard Henry Dana Elementary School

Total Enrollment 214

90.7% Hispanic or Latino

Language Proficiency

 42 English Only

 16 Initial Fluent English Proficient

129 English Learners

  27 Reclassified Fluent English Proficient

The Resolution States as follows: 

Section 3. The District is unable to comply with the universal meal service program requirements of Education Code § 49564 for the following reasons.

The impacts of Senate Bill 138 would require the District to reimburse the Food and Nutrition Services Program for collection of Local Control Funding Formula (LCFF) Alternative Income Data Collection Forms from the general fund budget each year

Food and Nutrition Services is exempt from collecting Free and Reduced-price Meal Applications.

Because supplemental/concentration grant funding is determined by the identification of unduplicated pupil count, if there is a decline in the submission of Local Control Funding Formula (LCFF) Alternative Income Data Collection Forms or Free and Reduced-price Meal Applications, the District will see a reduction in LCFF funding received by the state.

The District is projecting deficit spending over the next few years and implementing this program would negatively affect revenues possibly impacting students while not providing any extra benefits to low income students. 

Question: CUSD have given employees 5 consecutive years of across the board compensation increases totaling over $150 million dollars. Why would a District do that if it is projecting deficit spending for the next few years?

 

California Education Code Section 49564

ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550 - 49564.5]

(a) For purposes of this section, a “very high poverty school” is a school that enrolls pupils in kindergarten or in any of grades 1 to 12, inclusive, and is eligible to receive the free federal reimbursement rate for all reimbursable school breakfasts and lunches served, pursuant to the Community Eligibility Provision in Section 1759a of Title 42 of the United States Code.

(b) (1) In order to provide pupils in very 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 very high poverty school pursuant to this section, except as provided in subdivision (c).

(2) On or before September 1, 2018, a school district or county superintendent of schools that has a very high poverty school 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.

(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 very high poverty school upon state approval to operate a universal meal service. A school district or county superintendent of schools may stop providing the universal meal service at a school if the school ceases to be a very high poverty school.

(c) The governing board of a school district or county office of education may adopt a resolution stating that it is unable to comply with, and demonstrating the reasons why it is unable to comply with, the requirements of this section due to fiscal hardship. The resolution shall be publicly noticed on at least two consecutive meeting agendas, on the first meeting agenda as an information item and on the second meeting agenda as an action item. If the resolution is approved by at least a majority of the governing board of the school district or county office of education, the school district or county office of education is exempt from the requirements of subdivision (b). The governing board of the school district or county office of education shall reconsider the resolution at least once every four years.

(d) For purposes of this section, a charter school shall be considered a very 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 very high poverty school shall comply with the requirements specified in subdivision (b), and the governing body of such charter school may exercise the authority specified in subdivision (c).

(Added by Stats. 2017, Ch. 724, Sec. 3. (SB 138) Effective January 1, 2018.)