House File 2061 - Introduced
HOUSE FILE
BY SHOMSHOR
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing a fresh fruits and vegetables pilot program
2 for schools to be administered by the department of education,
3 making an appropriation, and providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5099YH 81
6 kh/gg/14
PAG LIN
1 1 Section 1. DEPARTMENT OF EDUCATION == FRESH FRUITS AND
1 2 VEGETABLES PILOT PROGRAM. There is appropriated from the
1 3 general fund of the state to the department of education for
1 4 the fiscal year beginning July 1, 2006, and ending June 30,
1 5 2007, the following amount, or so much thereof as is
1 6 necessary, to be used for the purposes designated:
1 7 For the establishment of the fresh fruits and vegetables
1 8 pilot program as provided in section 283A.11, if enacted,
1 9 including salaries, support, maintenance, and miscellaneous
1 10 purposes:
1 11 .................................................. $ 1,400,000
1 12 Sec. 2. NEW SECTION. 283A.11 FRESH FRUITS AND VEGETABLES
1 13 PILOT PROGRAM.
1 14 1. A fresh fruits and vegetables pilot program is
1 15 established to be administered by the department of education,
1 16 in consultation with the department of agriculture and land
1 17 stewardship and the department of public health, to provide
1 18 fresh fruits and vegetables for consumption by public school
1 19 and charter school students.
1 20 2. The department of education shall develop and
1 21 administer the program in such a manner as to encourage public
1 22 school districts and charter schools maintaining kindergarten
1 23 or any of grades one through twelve, inclusive, to newly
1 24 provide fruits and vegetables for consumption to students, to
1 25 supplement fruits and vegetables that are already available to
1 26 students with additional new fruits and vegetables for
1 27 consumption, and to generally promote the consumption of fresh
1 28 fruits and vegetables by school=age children.
1 29 3. Fruits and vegetables that are provided pursuant to
1 30 this section shall be provided free of charge to a student,
1 31 where appropriate.
1 32 4. Fruits and vegetables that are provided pursuant to
1 33 this section shall be provided during the school day, but not
1 34 during regularly scheduled lunch periods.
1 35 5. In making procurement decisions pursuant to this
2 1 section, a school district or a charter school shall give
2 2 priority to the purchase of fresh fruits and vegetables from
2 3 Iowa producers, when commercially available.
2 4 6. a. Subject to the appropriation of sufficient funds,
2 5 school districts and charter schools may apply to the
2 6 department of education for reimbursement of ten cents per
2 7 meal, to be paid in quarterly installments by the department
2 8 of education, to supplement, but not to supplant, a school
2 9 breakfast program provided in accordance with this chapter.
2 10 b. To be eligible to receive funds under this section, a
2 11 school district or charter school shall do all of the
2 12 following:
2 13 (1) Provide one to two servings of nutritious fruits or
2 14 vegetables, or both, at breakfast, and give priority to
2 15 serving fresh fruits and vegetables.
2 16 (2) Spend at least ninety percent of the funding received
2 17 pursuant to this section for the direct purchase of nutritious
2 18 fruits and vegetables.
2 19 (3) Not spend any of the funding received pursuant to this
2 20 section for the purchase of juice.
2 21 (4) Provide data as required by an independent evaluator
2 22 under contract to provide an evaluation pursuant to subsection
2 23 11, paragraph "b".
2 24 7. Funds received by a school district or charter school
2 25 under this section may be combined with other funding sources
2 26 to ensure that at least one serving per day of nutritious
2 27 fruits or vegetables, or both, is provided pursuant to the
2 28 pilot program.
2 29 8. School district or charter school attendance centers
2 30 that already offer two servings of nutritious fruits or
2 31 vegetables for breakfast may be reimbursed under this program
2 32 at ten cents per meal for providing nutritious fruits or
2 33 vegetables for after=school snacks.
2 34 9. Specific strategies for the provision of one to two
2 35 servings of nutritious fruits or vegetables, or both, may
3 1 include, but not be limited to, one or more of the following:
3 2 a. Fruit bars located at the school cafeteria with a
3 3 minimum of three choices of fruits or vegetables, or both.
3 4 b. Grab=and=go breakfasts with one to two servings of
3 5 fruits or vegetables, or both, to be eaten on the school
3 6 campus.
3 7 c. Universal classroom breakfasts that include one to two
3 8 servings of fruits or vegetables, or both.
3 9 10. As a condition of receipt of funds, an attendance
3 10 center participating in the pilot program shall include
3 11 tasting and sampling of nutritious fruits and vegetables as
3 12 part of nutrition education. Strategies for nutrition
3 13 education that include tasting and sampling of nutritious
3 14 fruits or vegetables, or both, may include, but not be limited
3 15 to:
3 16 a. Educational sampling and tasting supported with
3 17 nutrition education.
3 18 b. An offering of fruits or vegetables in the classroom
3 19 that is reinforced with nutrition and agricultural bulletins.
3 20 c. A monthly school campus farmers market that allows
3 21 opportunities for school clubs, organizations, boosters,
3 22 sports teams, and other groups to organize a farmers market
3 23 that highlights fresh produce for the student body to sample
3 24 and taste.
3 25 d. A produce sampling program that supports a school
3 26 garden's harvest through additional purchases of local, in=
3 27 season fruits or vegetables to be used for a sampling and
3 28 tasting program for the school campus featuring what is
3 29 growing in the school garden.
3 30 11. For each fiscal year in which funds are appropriated
3 31 for purposes of the pilot program, the department of education
3 32 shall reserve from the funds appropriated for the pilot
3 33 purpose an amount of not more than four hundred thousand
3 34 dollars to provide grants to a county office of education or a
3 35 community college selected on a competitive basis, to be
4 1 allocated as follows:
4 2 a. Not more than one hundred thousand dollars to develop
4 3 an on=line professional development seminar for school
4 4 district or charter school attendance center staff on safe
4 5 handling, serving, marketing, and promoting of nutritious
4 6 fruits and vegetables.
4 7 b. Not more than three hundred thousand dollars to
4 8 contract with an independent evaluator to conduct a
4 9 comprehensive evaluation, including a determination of the
4 10 need for educational materials for students and staff
4 11 professional development programs on the safe handling,
4 12 serving, marketing, and promoting of nutritious fruits and
4 13 vegetables as part of the fresh fruits and vegetables pilot
4 14 program.
4 15 12. The department of education, in consultation with the
4 16 department of agriculture and land stewardship and the
4 17 department of public health, shall establish guidelines for
4 18 the evaluation of the pilot program developed pursuant to this
4 19 section.
4 20 13. For purposes of this section, unless the context
4 21 otherwise requires, "fruits and vegetables" means fruits and
4 22 vegetables that have not been deep fried.
4 23 14. School districts and charter schools that do not
4 24 operate school breakfast programs are encouraged to apply for
4 25 funding to establish breakfast programs in accordance with
4 26 this chapter.
4 27 Sec. 3. EMERGENCY RULES. The department of education may
4 28 adopt emergency rules under section 17A.4, subsection 2, and
4 29 section 17A.5, subsection 2, paragraph "b", to implement the
4 30 provisions of this Act and the rules shall be effective
4 31 immediately upon filing unless a later date is specified in
4 32 the rules. Any rules adopted in accordance with this section
4 33 shall also be published as a notice of intended action as
4 34 provided in section 17A.4.
4 35 Sec. 4. EFFECTIVE DATE. Sections 2 and 3 of this Act,
5 1 being deemed of immediate importance, take effect upon
5 2 enactment.
5 3 EXPLANATION
5 4 This bill provides for the establishment of a fresh fruits
5 5 and vegetables pilot program for schools to be administered by
5 6 the department of education, and appropriates $1.4 million to
5 7 the department for the program.
5 8 The department is directed to encourage public school
5 9 districts to provide fruits and vegetables to students, to
5 10 supplement other fruits and vegetables that are available to
5 11 students, and to generally promote the consumption of fresh
5 12 fruits and vegetables by school=age children. Fruits and
5 13 vegetables provided under the program are to be free of charge
5 14 to a student, where appropriate, and provided during the
5 15 school day, but not during regularly scheduled lunch periods.
5 16 A school district or charter school must give priority to
5 17 the purchase of fresh fruits and vegetables from Iowa
5 18 producers when commercially available.
5 19 School districts and charter schools may apply to the
5 20 department for reimbursement of 10 cents per meal, to
5 21 supplement, but not supplant, a school breakfast program.
5 22 To be eligible for the pilot program, a school district or
5 23 charter school must provide one to two servings of nutritious
5 24 fruits or vegetables, or both, at breakfast, and give priority
5 25 to serving fresh fruits and vegetables; spend at least 90
5 26 percent of the funding received for the direct purchase of
5 27 nutritious fruits and vegetables; not spend any of the funding
5 28 for the purchase of juice; and provide data for evaluation of
5 29 the program as required by the department.
5 30 The bill provides specific strategies for the provision of
5 31 one to two servings of nutritious fruits or vegetables.
5 32 An attendance center participating in the program must
5 33 include tasting and sampling of nutritious fruits and
5 34 vegetables as part of nutrition education.
5 35 The department of education must reserve $400,000 of the
6 1 funds appropriated for a fiscal year to provide grants to a
6 2 county office of education or a community college selected on
6 3 a competitive basis, to develop an on=line professional
6 4 development seminar for school district or charter school
6 5 attendance center staff on safe handling, serving, marketing,
6 6 and promoting of nutritious fruits and vegetables; and to
6 7 contract with an independent evaluator to conduct a
6 8 comprehensive evaluation.
6 9 The bill authorizes the department of education to adopt
6 10 emergency rules to implement the provisions of the bill. That
6 11 provision and the provision establishing the program take
6 12 effect upon enactment.
6 13 LSB 5099YH 81
6 14 kh:rj/gg/14