California State Meal Mandate

The purpose of this management bulletin is to provide guidance on California’s state meal mandate.

State Meal Mandate for Local Educational Agencies

Commencing with school year 2022–23, California Education Code (EC) Section 49501.5 requires local educational agencies (LEA), specifically public schools, charter schools, and county offices of education (COE) maintaining kindergarten (including transitional kindergarten) or any of grades 1 to 12, inclusive, to make a nutritionally adequate breakfast and a nutritionally adequate lunch available during each school day to any student who requests a meal. These meals must be made available free of charge regardless of the student’s eligibility for a federally funded free or reduced-price meal. A maximum of one free meal provided during each of the breakfast and lunch meal service periods will be eligible for reimbursement.

A nutritionally adequate breakfast is one that qualifies for reimbursement under the most current federal and state meal pattern requirements for the federal School Breakfast Program (SBP), as defined in 7 CFR, Section 220.8 and EC Section 49501.5. A nutritionally adequate lunch is one that qualifies for reimbursement under the most current federal and state meal pattern requirements for the federal National School Lunch Program (NSLP), as defined in 7 CFR, Section 210.10 and EC Section 49501.5.

EC Section 49501.5 defines a school day as any day that students are present at a school site or school facility for purposes of instruction or educational activities, as defined in EC Section 49010, including, but not limited to, shortened school days (e.g., minimum days, half day kindergarten, etc.), summer school days, extended school year days, school-sponsored field trips, Saturday school sessions, or independent study when a student is onsite for educational activities lasting two or more hours.

EC Section 49501.5 also states new charter schools may request a contract with their chartering authority to make available nutritionally adequate breakfasts and lunches each school day until the charter school is approved to operate the federal School Nutrition Programs (SNP) or until July 1 of the school year after the charter school becomes operational, whichever occurs first. 

State Meal Mandate for Nonpublic, Nonsectarian Schools

LEAs unable to provide necessary educational services to their enrolled students may contract with a certified nonpublic, nonsectarian school to provide these services. This is often referred to as pupil placement. Under these circumstances, the students remain enrolled in the public school or COE but spend their entire school day at the nonpublic, nonsectarian school.

LEAs contracting with certified nonpublic schools, as defined in EC Section 56034, are required to ensure compliance with EC Section 49501.5 for any public school or COE students attending the nonpublic, nonsectarian school. Per EC Section 56365, the children attending the certified nonpublic schools remain under the jurisdiction of public-school districts or COEs. As a result, the state meal mandate does apply and requires that a nutritionally adequate breakfast and a nutritionally adequate lunch be made available, free of charge, to the public school and COE students each school day. When contracting with certified nonpublic schools, LEAs must ensure that the contract contains provisions to satisfy the state meal mandate.

To comply with the state meal mandate, certified nonpublic schools may prepare meals on site, purchase meals from private vendors, or contract with another LEA to receive meals.

If the nonpublic school is a nonprofit, they may be eligible to operate as a sponsor of the SNPs. Any certified nonpublic school approved to operate the SNPs will be eligible for federal reimbursement for compliant meals served to students. Certified nonpublic schools participating in the SNPs as sponsors will be subject to the terms of the agreements entered into with the California Department of Education (CDE), Nutrition Services Division.

Per 7 CFR, Section 210.2, proprietary nonpublic schools (PNS) are not eligible to participate in the SNPs because of their for-profit status. They may prepare meals on site or purchase meals from private vendors but may not receive state or federal reimbursement for meals served to their students. The costs for providing meals to the students should be part of the contracts between the certified PNS and the LEAs.

Certified nonpublic schools or PNSs may be added as a site under the sponsorship of an LEA approved to operate the SNPs. This requires an interagency agreement between both entities, detailing the responsibility of the LEA and the nonpublic school. Once the LEA adds the nonpublic school as an SNP site, the LEA takes responsibility for administering the SNPs at the nonpublic school, which includes but is not limited to, making eligibility determinations for free and reduced-price meals, providing meals, claiming reimbursement for meals served, and ensuring compliance with federal and state requirements to administer the SNPs. If the LEA agrees to take on administration of the SNPs at the nonpublic school, the LEA is required to provide meals to all students at the nonpublic school site. LEAs are not obligated to enter into this type of arrangement.

Frequently Asked Questions

Q.1. What is the minimum amount of time that a student must be in school in order for the state meal mandate to apply?

A.1. EC Section 49501.5 does not specify a minimum number of hours. If students are receiving on-site instruction, the state meal mandate applies, and two free meals (breakfast and lunch) must be made available.

Q.2. Under what circumstances does the state meal mandate apply to independent study programs?

A.2. To comply with the state meal mandate, schools offering independent study programs are only required to provide meals on days when students are scheduled for educational activities, considered part of the school day at a school site, resource center, or other satellite facility lasting two or more hours.

Q.3. Does the state meal mandate still apply if a school district, charter school, or COE does not participate in the NSLP and SBP?

A.3. Yes. EC Section 49501.5 requires all public schools, charter schools, and COEs, regardless of NSLP or SBP participation, to make free breakfasts and lunches available during each school day to all students. Only schools approved to operate both the NSLP and SBP are able to submit a federal and state reimbursement claim for compliant meals served.

Q.4. Does the state meal mandate apply to private schools?

A.4. No. The state meal mandate does not apply to private schools. Private schools have the discretion to determine if they serve meals and can be eligible to operate the federal SNPs. If private schools choose to operate the SNPs, they must comply with all federal requirements to administer the programs and are only eligible for federal per meal reimbursement.

Contact Information

If you have any questions regarding this subject, please contact your county’s SNP Specialist. A list of SNP Specialists is available on the CDE School Nutrition Programs Specialist Directory web page at https://www.cde.ca.gov/ls/nu/sn/snpcontacts.asp.