REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 1, 2026
FROM
JAMES LOCURTO, Director, Transitional Assistance Department
SUBJECT
Title
Non-Financial Memorandum of Understanding with Colton Joint Unified School District for Exchange of Information
End
RECOMMENDATION(S)
Recommendation
Approve non-financial Memorandum of Understanding, including non-standard terms, with Colton Joint Unified School District, for the exchange of information regarding mutual customers, to promote the participation of eligible student households in the CalFresh Program to increase the availability of healthy, nutritious foods for students and their families, for the period of September 1, 2026 through August 31, 2029.
(Presenter: James LoCurto, Director, 388-0245)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost) as the recommended Memorandum of Understanding (MOU) is non-financial in nature.
BACKGROUND INFORMATION
CalFresh, federally known as the Supplemental Nutrition Assistance Program, and the National School Lunch Program (NSLP) are two of the largest food and nutrition assistance programs in California. The primary purpose of these social safety net programs is to ensure children facing economic hardship have consistent access to adequate, nutritious food.
The federal Child Nutrition and Welfare and Institutions Code Reauthorization Act of 2004, Public Law 108-265 (June 30, 2004) (Reauthorization Act), requires that any child receiving benefits under the federal Food Stamp Act be certified as eligible for free lunches under the National School Lunch Act (42 U.S.C. §§1751, et seq.) and free breakfasts under the Child Nutrition Act of 1966 (42 U.S.C. §§1771, et seq.) without further application.
The Reauthorization Act mandates that all Local Education Agencies (LEAs), including public, private, and charter schools that participate in the NSLP or School Breakfast Program, implement a system of direct certification, and that the state/local California Work Opportunity and Responsibility for Kids (CalWORKs)/CalFresh departments work with agencies to achieve implementation.
Effective September 28, 2005, Assembly Bill 1385 added Section 49561 to the Education Code mandating the California Department of Education to develop a computerized data match system to be used by all LEAs to directly certify school children receiving CalWORKs or CalFresh benefits for Free/Reduced Price (F/RP) school meals.
The County performs the federally mandated direct certification process for LEAs within the County’s public school districts using the student data received from the County Superintendent of Schools. Therefore, it is necessary to enter into a data sharing agreement in order to share data regarding students and their families in the interest of identifying those who are eligible to be directly certified for F/RP school meals.
Under the terms of the recommended MOU, LEAs, including public, private, and charter schools, such as Colton Joint Unified School District (CJUSD), will send electronic lists of students to the County via a secure transmission method to ensure protection of personally identifiable student information. Human Services’ Research, Outcomes, and Quality Support unit will run a data match report to determine CalWORKs and/or CalFresh eligibility status.
The MOU contains non-standard terms that require approval by the Board of Supervisors (Board) per County Policy 11-05. The non-standard terms include the following:
1. The MOU does not require CJUSD to meet the County’s insurance standards as required pursuant to County Policy 11-07.
• The County Policy requires partner agencies to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management department.
• Potential Impact: The MOU does not include the County standard insurance requirements. The County has no assurance that CJUSD will be financially responsible for claims that may arise under the agreement, which could result in expenses to the County.
2. The County is required to indemnify CJUSD for claims, actions, losses, damages, and/or liability arising out of this MOU to the extent actually caused by the negligent acts, errors, or omissions of the County.
• The County standard contract does not include any indemnification or defense by the County of a contractor.
• Potential Impact: By agreeing to indemnify CJUSD, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense limited could be brought against CJUSD without such limitations, and the County could be responsible to reimburse CJUSD for costs, expenses, and damages.
TAD recommends approval of the MOU with CJUSD, including the non-standard terms, to increase the participation of F/RP meals for eligible student households to ensure that children in economic hardship have consistent access to adequate, nutritious food. Approval of the MOU will supersede and replace Agreement No. 25-913 previously approved by the Board on November 18, 2025 (Item No. 87), in accordance with the supersession clause. Agreement No. 25-913 required completion and submission of a CalFresh application by a parent or guardian. The MOU with CJUSD allows for the direct certification of the child, eliminating the need for the application, thus reducing barriers, streamlining processes, and increasing the participation of eligible students.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by Human Services (Lisa Rivas-Ordaz, Contracts Manager, 388-0222) on July 8, 2026; County Counsel (Adam Ebright, Deputy County Counsel, 387-5455) on July 24, 2026; Risk Management (Arrissia Beaven, Staff Analyst II, 386-9030) on August 3, 2026; and County Finance and Administration (John Hallen, Principal Administrative Analyst, 388-0208) on August 14, 2026.