Summer School Meal Session

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California Department of Education
Executive Office
SBE-006 Specific (REV.02/2014) / ITEM #W-13

CALIFORNIA STATE BOARD OF EDUCATION

MAY 2015 AGENDA
Specific Waiver
SUBJECT
Request by four school districts under the authority of California Education Code Section 49548 to waive Education Code Section 49550, the State Meal Mandate during the summer school session.
Waiver Number: Eastern Sierra Unified School District 9-2-2015
Liberty Elementary School District 15-2-2015
Sierra-Plumas Joint Unified School District 5-2-2015
Wiseburn Elementary School District 11-3-2015 /

Action

Consent

SUMMARY OF THE ISSUE(S)

Waiver requests fully meeting the statutory conditions are sent to the State Board of Education consent calendar.

Authority for Waiver:Education Code (EC) Section 49548

RECOMMENDATION

Approval Approval with conditions Denial

Four districts have requested summer school meal waivers under authority of the California Education Code (EC) Section 49548, to waive EC Section 49550, the requirement that meals be served each school day.

These four requests represent a sharp decrease from years past, when hundreds of summer school meal waiver requests were submitted. The Nutrition Services Division has made tremendous strides in ensuring that schools are provided with the guidance they need to offer meals whenever possible.

School sites operating a summer school session shall be granted a waiver so that meals do not have to be served if they meet one of the following conditions:

CONDITION ONE

Elementary schools shall be granted a waiver if a Summer Food Service Program (SFSP) for children site is available within one-half mile of the school site. Middle schools, junior high schools, and high schools shall be granted a waiver if a SFSP

site is available within one mile of the school site. Additionally, one of the following conditions must exist:

  • The hours of operation of the SFSP site commence no later than one-half hour after the completion of the summer school session day.
  • The hours of operation of the SFSP site conclude no earlier than one hour after the completion of the summer school session day.

For purposes of this section of law, “elementary school” means a public school that maintains kindergarten or any of grades first through eighth inclusive.

CONDITION TWO

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 the net cash resources as defined in Title7, Code of Federal Regulations, Section 210.2, which, for purposes of this section of law, shall exclude funds that are encumbered. If there are no net cash resources, the financial loss must be greater than or equal to the operating costs of one month as averaged over the summer school sessions.

The financial analysis must include a projection of future meal program participation based on either of the following:

  • The meal service period beginning after the commencement of the summer school session day and concluding before the completion of the summer school session day. In other words, districts must project profit or loss based on serving a breakfast or a lunch during school hours and not before or after the school day.
  • The school site operating as an open Summer Seamless Feeding Option or a SFSP site, and providing adequate notification thereof, including flyers and banners, in order to fulfill community needs under the SFSP.

CONDITION THREE

Summer school sites that operate two hours or less including breaks and recess shall be granted a waiver.

The districts listed in Attachment 1 have requested a waiver of EC Section 49550 for the summer of 2013 and have certified their compliance with all required conditions necessary to obtain a waiver.

The California Department of Education (CDE) has reviewed the waiver requests from the districts and recommends approval based on meeting the conditions (One, Two, or Three) listed in the fifth column on Attachment 1.

Authority for Waiver:EC Section 49548

Bargaining unit(s) consulted on date(s): Not required

FISCAL ANALYSIS (AS APPROPRIATE)

Approval of the waivers may reduce the draw on Proposition 98 funds at the State level. Local district finances may be affected.

ATTACHMENT(S)

Attachment 1: Districts Meeting Statutory Waiver Conditions (1 page)

Attachment 2: Eastern Sierra Unified School District Specific Waiver Request

9-2-2015 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 3: Liberty Elementary School District Specific Waiver Request 15-2-2015 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Attachment 4: Sierra-Plumas Joint Unified School District Specific Waiver Request 5-2-2015 (2 pages) (Original waiver request is signed and on file inthe

Waiver Office.)

Attachment 5: Wiseburn Elementary School District Specific Waiver Request

11-3-2015 (2 pages) (Original waiver request is signed and on file in the Waiver Office.)

Revised: 4/17/2015 10:40 AM

Summer School Meal Session

Attachment 1

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Districts Meeting Statutory Waiver Conditions

Waiver Number / District / School Site / Effective Period of Request(s) / Local Board Approval Date / Condition Being Met
9-2-2015 / Eastern Sierra Unified School District / Antelope Elementary School
Bridgeport Elementary School
Edna Beaman Elementary School
Lee Vining Elementary School / Requested &
Recommended:
7/1/2015 to 8/8/2015 / 1/22/2015 / Two
15-2-2015 / Liberty Elementary School District / Liberty Elementary School / Requested &
Recommended:
7/6/2015 to 7/23/2015 / 2/19/2015 / Two
5-2-2015 / Sierra-Plumas Joint Unified School District / Loyalton High School / Requested &
Recommended:
6/15/2015 to 8/14/2015 / 2/10/2015 / Three
11-3-2015 / Wiseburn Elementary School District / Juan De Anza Elementary / Requested &
Recommended:
6/29/2015 to
7/24/2015 / 3/10/2015 / One

Created by the California Department of Education

March 17, 2015

Revised: 4/17/2015 10:40 AM

Summer School Meal Session

Attachment 2

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California Department of Education

WAIVER SUBMISSION - Specific

CD Code: 2673668Waiver Number: 9-2-2015Active Year: 2015

Date In: 2/13/2015 11:49:21 AM

Local Education Agency: Eastern Sierra Unified School District

Address: 231 Kingsley St.

Bridgeport, CA93517

Start: 7/1/2015End: 8/8/2015

Waiver Renewal: N

Previous Waiver Number: 44-1-2014-W-17 Previous SBE Approval Date: 5/8/2014

Waiver Topic: State Meal Mandate

Ed Code Title: Summer School Session

Ed Code Section: 49550

Ed Code Authority: 49548

Ed Code or CCR to Waive: 49550. [ (a) Notwithstanding any other provision of law, each school district or county superintendent of schools maintaining anykindergarten or any of grades 1 to 12, inclusive, shall provide for each needy pupil one nutritionally adequate free or reduced-pricemeal during each schoolday, except for family day care homes that shall be reimbursed for 75 percent of the meals served.]

Outcome Rationale: The cost exceeds the income from operating a summer meal program resulting in a financial loss to the district.

Student Population: 400

City Type: Rural

Local Board Approval Date: 1/22/2015

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Mr.arikavanesyans

Position: business manager

E-mail:

Telephone: 760-932-7443

Fax:

DISTRICT INFORMATION

Site Name:Lee Vining Elementary School
Summer School day at this site begins: 8 and ends: 11:30
Total Time: 3:30 (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: 11:10 and ends: 11:30
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE
Site Name: Bridgeport Elementary School
Summer School day at this site begins: 8 and ends: 11:30
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: 11:10 and ends: 11:30
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE
Site Name: Antelope Elementary School
Summer School day at this site begins: 8 and ends: 11:30
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: 11:10 and ends: 11:30
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE
Site Name: Edna Beaman Elementary School
Summer School day at this site begins: 8 and ends: 11:30
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: 11:10 and ends: 11:30
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE

Summer meal waiver requests, including all required attachments, must be received in the California Department of Education’s online waiver system no later than 60 days prior to the last regular meeting of the State Board of Education before the commencement of the summer school session for which the waiver is sought. Therefore, please have your completed summer school meal waiver request submitted by March 7, 2014 at the latest.

If you have questions regarding the attachments to the waiver or how to meet the waiver criteria, please contact Donna Reedy, School Nutrition Programs Analyst, Nutrition Services Division, at , or Jessica Cross, School Nutrition Programs Analyst at

Revised: 4/17/2015 10:40 AM

Summer School Meal Session

Attachment 3

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California Department of Education

WAIVER SUBMISSION - Specific

CD Code: 4970797Waiver Number: 15-2-2015 Active Year: 2015

Date In: 2/20/2015 11:41:54 AM

Local Education Agency: Liberty Elementary School District

Address: 170 Liberty School Rd.

Petaluma, CA94952

Start: 7/6/2015End: 7/23/2015

Waiver Renewal: Y

Previous Waiver Number: 109-2-2014-W-17 Previous SBE Approval Date: 5/8/2014

Waiver Topic: State Meal Mandate

Ed Code Title: Summer School Session

Ed Code Section: 49550

Ed Code Authority: 49548

Ed Code or CCR to Waive: 49550(a). Notwithstanding any other provision of law, each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide for each needy pupil one nutritionally adequate free or reduced-price meal during each school day.

Outcome Rationale: Our LEA would like to receive a waiver of the requirement to serve meals to our students at this year's summer school session for one school site. We understand that we must meet one of three conditions of Ed Code 49548(a) and qualify for Condition Two. Condition Two: Serving meals during the summer school session would result in a financial loss.

Student Population: 209

City Type: Suburban

Local Board Approval Date: 2/19/2015

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms.Patricia Petzar

Position: Business Clerk

E-mail:

Telephone: 707-795-4380 x120

Fax: 707-795-6468

DISTRICT INFORMATION

Site Name: Liberty Elementary School
Summer School day at this site begins: 8:25 a.m. and ends: 11:55 a.m.
Total Time: 3.5 hours (Hrs/Min)
Meals offered during regular school year: Breakfast Lunchxxx
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE / Condition TWO xxx / Condition THREE
Site Name:
Summer School day at this site begins: and ends:
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE
Site Name:
Summer School day at this site begins: and ends:
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE
Site Name:
Summer School day at this site begins: and ends:
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE

Summer meal waiver requests, including all required attachments, must be received in the California Department of Education’s online waiver system no later than 60 days prior to the last regular meeting of the State Board of Education before the commencement of the summer school session for which the waiver is sought. Therefore, please have your completed summer school meal waiver requestsubmitted by March 6, 2015 at the latest.

If you have questions regarding the attachments to the waiver or how to meet the waiver criteria, please contact Donna Reedy, School Nutrition Programs Analyst, Nutrition Services Division, at , or Jessica Cross, School Nutrition Programs Analyst at .

Revised: 4/17/2015 10:40 AM

Summer School Meal Session

Attachment 4

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Revised: 4/17/2015 10:40 AM

Summer School Meal Session

Attachment 4

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California Department of Education

WAIVER SUBMISSION - Specific

CD Code: 4670177Waiver Number: 5-2-2015 Active Year: 2015

Date In: 2/11/2015 3:52:56 PM

Local Education Agency: Sierra-Plumas Joint Unified School District

Address: 109 Beckwith Rd.

Loyalton, CA96118

Start: 6/15/2015End: 8/14/2015

Waiver Renewal: N

Previous Waiver Number: Previous SBE Approval Date:

Waiver Topic: State Meal Mandate

Ed Code Title: Summer School Session

Ed Code Section: 49550

Ed Code Authority: 49548

Ed Code or CCR to Waive: Notwithstanding any other provision of law, each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide for each needy pupil one nutritionally adequate free or reduced-price meal during each school day.

Outcome Rationale: Summer school sessions are possible, but will be less than 2 hours per day (Condition Three).

Student Population: 380

City Type: Rural

Local Board Approval Date: 2/10/2015

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms.AdrienneGarza

Position: Accounting Technician III

E-mail:

Telephone: 530-993-1660 x43

Fax: 530-993-0828

Revised: 4/17/2015 10:40 AM

Summer School Meal Session

Attachment 4

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DISTRICT INFORMATION

Site Name: LOYALTON HIGH SCHOOL
Summer School day at this site begins: 10 am and ends: 11 am
Total Time: 1 HOUR (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE
Site Name:
Summer School day at this site begins: and ends:
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE
Site Name:
Summer School day at this site begins: and ends:
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE
Site Name:
Summer School day at this site begins: and ends:
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE

Summer meal waiver requests, including all required attachments, must be received in the California Department of Education’s online waiver system no later than 60 days prior to the last regular meeting of the State Board of Education before the commencement of the summer school session for which the waiver is sought. Therefore, please have your completed summer school meal waiver requestsubmitted by March 6, 2015 at the latest.

If you have questions regarding the attachments to the waiver or how to meet the waiver criteria, please contact Donna Reedy, School Nutrition Programs Analyst, Nutrition Services Division, at , or Jessica Cross, School Nutrition Programs Analyst at .

Revised: 4/17/2015 10:40 AM

Summer School Meal Session

Attachment 5

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Revised: 4/17/2015 10:40 AM

Summer School Meal Session

Attachment 5

Page 1 of 2

California Department of Education

WAIVER SUBMISSION - Specific

CD Code: 1976869Waiver Number: 11-3-2015Active Year: 2015

Date In: 3/12/2015 1:04:50 PM

Local Education Agency: Wiseburn Unified School District

Address: 13530 Aviation Blvd.

Hawthorne, CA90250

Start: 6/29/2015End: 7/24/2015

Waiver Renewal: Y

Previous Waiver Number: 52-1-2014-W-17 Previous SBE Approval Date: 5/8/2014

Waiver Topic: State Meal Mandate

Ed Code Title: Summer School Session

Ed Code Section: 49550

Ed Code Authority: 49548

Ed Code or CCR to Waive: Notwithstanding any other provision of law, each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide for each needy pupil one nutritionally adequate free or reduced price meal during each school day, except for family day care homes that shall be reimbursed for 75 percent of the meal served.

Outcome Rationale: Ed Code 49548 and 49550 both require school districts to provide meals every day to students. We have Del Aire Park less than 1/2 mile from Juan de Anza school that offers a summer lunch program. By using their lunch program, it helps us to not create any financial hardships over the summer with our lunch program.

Student Population: 2550

City Type: Suburban

Local Board Approval Date: 3/10/2015

Audit Penalty YN: N

Categorical Program Monitoring: N

Submitted by: Ms.DebraChow

Position: Food Service Clerk

E-mail:

Telephone: 310-643-3025

Fax: 310-643-7659

Revised: 4/17/2015 10:40 AM

Summer School Meal Session

Attachment 5

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DISTRICT INFORMATION

Site Name: Juan de Anza Elementary School
Summer School day at this site begins: 8:00 a.m. and ends: 11:55 a.m.
Total Time: 3 hrs 55 min (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch X
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE X / Condition TWO / Condition THREE
Site Name:
Summer School day at this site begins: and ends:
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE
Site Name:
Summer School day at this site begins: and ends:
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE
Site Name:
Summer School day at this site begins: and ends:
Total Time: (Hrs/Min)
Meals offered during regular school year: Breakfast Lunch
Meal time at this site for the summer session begins: and ends:
Check which condition below meets your circumstances:
Condition ONE / Condition TWO / Condition THREE

Summer meal waiver requests, including all required attachments, must be received in the California Department of Education’s online waiver system no later than 60 days prior to the last regular meeting of the State Board of Education before the commencement of the summer school session for which the waiver is sought. Therefore, please have your completed summer school meal waiver requestsubmitted by March 7, 2014 at the latest.