EXHIBIT A

Although the School Board purported to spond $31,654.50

in school lunch, funds for needy children (13.6 percent of federal subsidies), in fact only $11,041.35 was actually spent on froa lunches for children unable to afford the full price of a lunch. The remaining sum of $20,613.15 consisted of Special

Assistance funds received pursuant to 42 U.S.C. § 1759a, for the
sole purpose of serving "lunches to children unable to pay the
cost of such lunches." In violation of 42 U.S.C. § 1759a, the
Modesto School Board diverted these Special Assistance funds to
subsidize wealthy and middle-class children by lowering the price
of all lunches, without regard to the students' needs, in ten
so-called "target area" schools. The wealthy and middle-class
students who constituted 73.4 per cent of the enrollment in these
"target area" schools purchased most of these federally

subsidized hot lunches. In stark contrast to the $237,896.83
used to lower the price of hot lunches to wealthy and middle-
class children, the Modesto School District expended only
$11,041.35 for free lunches.

that:

I, BILLIE SHAW, being first duly sworn, depose and say

I am the 33 year-old mother of six children and a resident of the Modesto School District. Five of my children attend Modesto District Schools.

My annual income is $340.00 per year below that which the State of California said my family requires for its needs.

My income for 1969-1970 will be less than that which I received duzing 1968-1969 because I will not be able to work in the canneries aJI have to stay home to care for kickey, my sick child.

FOUTED on

During the 1968-1959 school year my childre.. received free
I believe this is right because I cannot afford to

Lunches.

AFFIDAVIT

SAMTE OF CALIFORNIA

COULEZ OF STANISLAUS)

say:

I, ALTA RAE BATEMAN, Doing first duly sworn, depose and

I live an ..obusto, Stanislaus County, Call.omnia, with my Hour minor children. I am separated from my husband and

1..

potal / dependent on welfare and child support.
LDO. . yu0.0) per month below what the federal goverment said
my Almaty Hoods for its basic care.

Imɔ mecku before the end of school, in caz... June, 1969, „y humbanú „doned me, leaving me with no financ..esources hatsoever. I asked the welfare for emergency asp.st.nce but was turned down. In an effort to get one good met. 1.: my children, I asked the schools for free lunches, but t s request was donlea. During this two weck period, my children often had Loop. without any lunch at all. : They stood in the school yard hol. dll other children ate their hot lunches.

My children need free lunches as I not able to give Jadi, enough money to buy a lunch.

lunch.

EXHIBITS AND AFFIDAVITS

KELLEY, LIVINGSTON, ZAVALA, NEUMARK, LOWENSTEIN & MATTISON, Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

FOR THE EASTERN DIVISION OF CALIFORNIA

Civil Action No.

BILLIE SHAW; JOSEPH SHAW, DONALD SHAW, ANNA MARIE SHAW, RICKEY SHAW, HOWARD SHAW, minor children through their mother and general guardian, BILLIE SHAW; ALTA RAE BATEMAN; LINDA HELLBERG, DENNIS HELLBERG, GLEN HELLBERG, CAROL HELLBERG, minor children through their mother and general guardian, ALTA RAE BATEMAN, individually and on behalf of a class of similarly situated persons, Plaintiffs,

V8.

GOVERNING BOARD OF THE MODESTO CITY SCHOOL DISTRICT AND MODESTO HIGH SCHOOL DISTRICT; CLIFFORD M. HARDIN, Secretary of the United States Department of Agriculture; Roy W. LENNARTSON, Administrator, Consumer Food and Marketing Service, United States Department of Agriculture; CHARLES M. ERNST, Director, Western District, United States Department of Agriculture; GEORGE RANDALL, Director, Food Program Services, Western District, United States Department of Agriculture, Defendants.

SEPTEMBER 3, 1969.

To: Dr. Bert Corona.

From: Harley Pulliam.

Subject: Information requested for CRLA.

1. Copy of Balance Sheet for 1968-1969.

Auditors have not completed their audit. Copy of the balance sheet will be available when they have completed their work.

2. Total number of lunches served in the Modesto School District (High Schools and Elementary) 1968-1969.

418,261 lunches served in the High School District (10 K-6 Mobiles included).

670,6461 lunches served in the Elementary District (K-8).

26,422 Snack and Lunches served in Pre-School Centers.

3. Enrollment in the Districts during 1968-1969.

7,191 High School Enrollment.

12,895 Elementary District (K-8).

Note: 268 students enrolled at Pioneer High included in High School Enrollment. 1,420 kindergarten students included in Elementary enrollment.

4. Total amount of money and commodities received under the National School Lunch Act and under the Milk Act.

The Modesto City Schools District received $135,635.61 (Fair Market Value) worth of Section 6 and Section 32 Commodities during the 1968-1969 School Year.

The Modesto City Schools District received $81,648.07 in subsidies under the School Lunch Act and the Special Milk Program. The districts received $20,613.15, in Special Assistance Funds from the State Department of Education during the same period.

5. Total amount of money that the School Board expended on free lunches in 1968-1969.

$4,245.55 High School District.

6,795.80 Elementary District.

California State Department of Education

Agreement No. 989

SCHOOL LUNCH PROGRAM APPLICATION-AGREEMENT

(Send original and one copy to California State Department of Education, Food Service Office, 721 Capitol Mall, Sacramento, California 95814)

1 Includes all lunches free and paid during the school year.