Article 1. Establishment And Use of California Education Code >> Division 3. >> Title 2. >> Part 23. >> Chapter 3. >> Article 1.
The term "cafeteria" as used in this code is considered
synonymous with the term "food service."
The governing board of any school district may establish
cafeterias in the schools under its jurisdiction whenever in its
judgment it is advisable to do so.
Food shall not be sold at any cafeteria operated by a school
district to anyone except pupils and employees of any school
district, members of the governing board thereof, and members or
employees of the fund or association maintaining the cafeteria;
provided, however, that nothing herein contained shall prohibit the
use of the cafeteria facilities by any work or harvest camp
maintained by or within the district, and by persons entitled to use
the school under the Civic Center Act; and provided further, that the
governing board of any school district operating a cafeteria may
exempt by formal resolution of the board other individuals and
organizations from the operation of this section including senior
citizens participating in any program conducted pursuant to Chapter 6
(commencing with Section 9500) of Division 8.5 of the Welfare and
Institutions Code.
Perishable foodstuffs and seasonal commodities needed in the
operation of cafeterias may be purchased by the school district in
accordance with rules and regulations for such purchase adopted by
the governing board of said district notwithstanding any provisions
of this code in conflict with such rules and regulations.
The food served shall be sold to the patrons of the
cafeterias at such a price as will pay the cost of maintaining the
cafeterias, exclusive of the costs made a charge against the funds of
the school district by this chapter, and items made a charge against
the funds of the school district by resolution of the governing
board under authority of this chapter.
(a) Except as provided in subdivision (b), by July 1, 2011,
a school district shall provide access to free, fresh drinking water
during meal times in the food service areas of the schools under its
jurisdiction, including, but not necessarily limited to, areas where
reimbursable meals under the National School Lunch Program or the
federal School Breakfast Program are served or consumed. A school
district may comply with this section by, among other means,
providing cups and containers of water or soliciting or receiving
donated bottled water.
(b) The governing board of a school district may adopt a
resolution stating that it is unable to comply with the requirements
of this section and demonstrating the reasons why it is unable to
comply due to fiscal constraints or health and safety concerns. The
resolution shall be publicly noticed on at least two consecutive
meeting agendas, first as an information item and second as an action
item, and approved by at least a majority of the governing board.
(a) The department may receive funds transferred from any
available state and federal source, to be allocated by the department
to school districts for the purpose of complying with the
requirements of Section 38086.
(b) Subject to all laws, guidelines, policies, and criteria
applicable to the funds, school districts may use funds received
pursuant to subdivision (a) for water quality projects, including,
but not limited to, water treatment, water facilities restructuring,
water filling stations, and maintenance of water facilities.
(c) The department shall do both of the following:
(1) Consult with the State Department of Public Health, the
Department of Water Resources, and the State Water Resources Control
Board to identify available sources of funding, including, but not
limited to, funding from Proposition 1, approved by the voters at the
November 4, 2014, statewide general election, funds for safe
drinking water programs administered by the department, the State
Department of Public Health, the Department of Water Resources, and
the State Water Resources Control Board, other state funding, and
federal funding available to fund school water quality and
infrastructure.
(2) Post the information collected pursuant to paragraph (1) on
the department's Internet Web site.
(d) Nothing in this section or Section 38086 affects criteria
established by the State Water Resources Control Board for funds and
funding programs administered by the State Water Resources Control
Board.