2005 California Education Code Sections 41350-41353 Article 3.5. Child Nutrition Allowances

EDUCATION CODE
SECTION 41350-41353

41350.  The Superintendent of Public Instruction shall make
allowances for child nutrition as follows:
   (a) Reimbursement of child nutrition entities, as defined by
Section 49530.5, for all free and reduced priced meals, pursuant to
Section 49536.
   (b) Reimbursement of school districts for the difference between
the current fiscal year average statewide lunch or breakfast cost for
all free and reduced-price meals required by Section 49550 as
determined by the Superintendent of Public Instruction and the
combined total income per meal derived from pupil charges, federal
funds, and state funds as provided in Article 11 (commencing with
Section 49550) of Chapter 9 of Part 27.
   (c) Reimbursement of county superintendents of schools for the
difference between the current fiscal year average statewide lunch or
breakfast cost for all free and reduced-price meals as determined by
the Superintendent of Public Instruction and the combined total
income per meal derived from pupil charges, federal funds, and state
funds as provided in Article 11 (commencing with Section 49550) of
Chapter 9 of Part 27.
   The combined state and federal reimbursements shall not exceed the
current fiscal year average statewide lunch or breakfast cost.  If
the combined pupil charges, state reimbursements, and federal
reimbursements exceed the current average statewide lunch or
breakfast costs, the federal funds shall be expended prior to the
expenditure of any state funds.
41352.  (a) With the exception of those who receive reimbursement
for meals only from the state, the State Department of Education
shall make allowances to school food authorities and child care food
program sponsors for the Child Nutrition Program on a monthly basis.
Program providers shall submit claims to the department within 10
calendar days of the end of each month.  Claims submitted after 60
calendar days or more from the end of the period for which
reimbursement is claimed shall be invalid.  Within 45 calendar days
of submission of a valid claim, the State Department of Education
shall tender reimbursement.
   (b) For sponsors of those who receive reimbursement for meals only
from the state, the State Department of Education shall make
allowances for the Child Nutrition Program on an annual basis.
Program providers shall submit claims to the department within 10
calendar days of the end of each state fiscal year.  Claims submitted
after August 20 of the fiscal year immediately following the year
for which reimbursement is claimed shall be invalid.  Within 45
calendar days of the claim deadline, the State Department of
Education shall tender reimbursement.
41353.  From funds appropriated for child nutrition the
Superintendent of Public Instruction shall make the following
expenditures:
   (a) Not to exceed 20 percent, for state administrative expenses.
   (b) Not to exceed 80 percent, for distribution to child nutrition
entities, as defined by Section 49530.5, which maintain nutrition
education programs on a project approval basis pursuant to
subdivision (b) of Section 49534 and for expenditure by the
Department of Education; provided, however, that of such 80 percent
not more than 5 percent thereof shall be used by the department for
the development, implementation, supervision, and evaluation of
nutrition education programs.


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