(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.

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