Senate File 2080 - Introduced



                                   SENATE FILE       
                                   BY  APPEL, SCHMITZ, HANCOCK,
                                       DANIELSON, BEALL, BOLKCOM,
                                       SEYMOUR, RIELLY, RAGAN,
                                       COURTNEY, STEWART, SCHOENJAHN,
                                       HOGG, HECKROTH, QUIRMBACH,
                                       HATCH, KIBBIE, BLACK, McCOY,
                                       CONNOLLY, DOTZLER, DVORSKY,
                                       HORN, SENG, OLIVE, DEARDEN,
                                       WOOD, and MULDER


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing health, nutrition, and cardiopulmonary
  2    resuscitation certification requirements for students, school
  3    districts, and accredited nonpublic schools.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5434XS 82
  6 kh/nh/5

PAG LIN



  1  1    Section 1.  SHORT TITLE.  This Act shall be known and may
  1  2 be cited as the "Healthy Kids Act".
  1  3    Sec. 2.  Section 256.7, Code Supplement 2007, is amended by
  1  4 adding the following new subsection:
  1  5    NEW SUBSECTION.  29.  Adopt rules establishing nutritional
  1  6 content standards for foods and beverages sold or provided on
  1  7 the school grounds of any school district or accredited
  1  8 nonpublic school during the school day exclusive of the food
  1  9 provided by any federal school food program or pursuant to an
  1 10 agreement with any agency of the federal government in
  1 11 accordance with the provisions of chapter 283A.  The standards
  1 12 shall be consistent with the dietary guidelines for Americans
  1 13 issued by the United States department of agriculture food and
  1 14 nutrition service.
  1 15    Sec. 3.  Section 256.9, Code Supplement 2007, is amended by
  1 16 adding the following new subsections:
  1 17    NEW SUBSECTION.  57.  Convene, in collaboration with the
  1 18 department of public health, a nutrition advisory panel to
  1 19 review research in pediatric nutrition conducted in compliance
  1 20 with accepted scientific methods by recognized professional
  1 21 organizations and agencies including but not limited to the
  1 22 institute of medicine.  The advisory panel shall submit its
  1 23 findings and recommendations, which shall be consistent with
  1 24 the dietary guidelines for Americans published jointly by the
  1 25 federal department of health and human services and department
  1 26 of agriculture if in the judgment of the advisory panel the
  1 27 guidelines are supported by the research findings, in a report
  1 28 to the state board.  The advisory panel may submit to the
  1 29 state board recommendations on standards related to federal
  1 30 school food programs if the recommendations are intended to
  1 31 exceed the existing federal guidelines.  The state board shall
  1 32 consider the advisory panel report when establishing or
  1 33 amending the nutritional content standards required pursuant
  1 34 to section 256.7, subsection 29.  The director shall convene
  1 35 the advisory panel by July 1, 2008, and every five years
  2  1 thereafter to review the report and make recommendations for
  2  2 changes as appropriate.  The advisory panel shall consist of
  2  3 at least one Iowa state university extension nutrition and
  2  4 health field specialist and at least one representative from
  2  5 each of the following:
  2  6    a.  The Iowa dietetic association.
  2  7    b.  The school nutrition association of Iowa.
  2  8    c.  The Iowa association of school boards.
  2  9    d.  The school administrators of Iowa.
  2 10    e.  The Iowa chapter of the American academy of pediatrics.
  2 11    f.  A school association representing parents.
  2 12    g.  The Iowa grocery industry association.
  2 13    NEW SUBSECTION.  58.  Monitor school districts and
  2 14 accredited nonpublic schools for compliance with the
  2 15 nutritional content standards for foods and beverages adopted
  2 16 by the state board in accordance with section 256.7,
  2 17 subsection 29.  School districts and accredited nonpublic
  2 18 schools shall annually make the standards available to
  2 19 students, parents, and the local community.  A school district
  2 20 or accredited nonpublic school found to be in noncompliance
  2 21 with the nutritional content standards by the director shall
  2 22 submit a corrective action plan to the director for approval
  2 23 which sets forth the steps to be taken to ensure full
  2 24 compliance.
  2 25    Sec. 4.  Section 256.11, subsection 6, Code Supplement
  2 26 2007, is amended to read as follows:
  2 27    6.  a.  A Except as provided in paragraphs "b" and "c", a
  2 28 pupil is not required to enroll in either physical education
  2 29 or health courses if the pupil's parent or guardian files a
  2 30 written statement with the school principal that the course
  2 31 conflicts with the pupil's religious belief.
  2 32    b.  Every student physically able shall be required to
  2 33 engage in a physical activity for a minimum of thirty minutes
  2 34 per school day.  The department shall collaborate with
  2 35 stakeholders on the development of daily physical activity
  3  1 requirements and the development of models that describe ways
  3  2 in which school districts and schools may incorporate the
  3  3 physical activity requirement of this paragraph into the
  3  4 educational program.
  3  5    c.  Every student by the end of grade twelve shall
  3  6 successfully complete a certification course for
  3  7 cardiopulmonary resuscitation.  The administrator of a school
  3  8 may waive this requirement if the student is not physically
  3  9 able to successfully complete the training.
  3 10    Sec. 5.  Section 273.2, Code 2007, is amended by adding the
  3 11 following new subsection:
  3 12    NEW SUBSECTION.  7.  The board of an area education agency
  3 13 or a consortium of two or more area education agencies shall
  3 14 employ or contract with one or more licensed dieticians for
  3 15 the support of nutritional provisions in individual education
  3 16 plans developed in accordance with chapter 256B and for
  3 17 support of school nutrition coordinators.
  3 18                           EXPLANATION
  3 19    This bill creates what may be known and cited as the
  3 20 "Healthy Kids Act".  The bill directs the state board of
  3 21 education and the director of the department of education to
  3 22 take actions to establish, monitor, and ensure compliance with
  3 23 nutritional content standards for foods and beverages sold or
  3 24 provided on the school grounds during the school day in school
  3 25 districts and accredited nonpublic schools.  The bill also
  3 26 requires every physically able student to engage in 30 minutes
  3 27 of physical activity per school day and to complete a
  3 28 certification course for cardiopulmonary resuscitation prior
  3 29 to graduating.
  3 30    The bill requires the state board to adopt rules
  3 31 establishing the standards for foods and beverages exclusive
  3 32 of the food provided by any federal school food program or
  3 33 under an agreement with a federal agency.  The standards must
  3 34 be consistent with the dietary guidelines for Americans issued
  3 35 by the United States department of agriculture.
  4  1    The director of the department is charged with convening,
  4  2 in collaboration with the department of public health, a
  4  3 nutrition advisory panel to review scientifically conducted
  4  4 research in pediatric nutrition.  The advisory panel, which is
  4  5 to convene by July 1, 2008, and every five years thereafter,
  4  6 shall submit its findings and recommendations in a report to
  4  7 the state board, which shall consider the report when
  4  8 establishing or amending the nutritional content standards.
  4  9    If the director finds that a school district or school is
  4 10 noncompliant with the standards, the school district or school
  4 11 must submit a corrective action plan to the director.  School
  4 12 districts and accredited nonpublic schools are required to
  4 13 annually make the standards available to students, parents,
  4 14 and the local community.
  4 15    The bill amends the educational standards to require every
  4 16 student who is physically able to engage in physical activity
  4 17 for a minimum of 30 minutes per school day.  The department
  4 18 must collaborate with stakeholders when developing models that
  4 19 describe ways schools may incorporate the physical activity
  4 20 requirement into the educational program.  Every student
  4 21 physically able is also required to successfully complete a
  4 22 certification course for cardiopulmonary resuscitation.
  4 23    The bill also requires the board of an area education
  4 24 agency or a consortium of area education agencies to employ or
  4 25 contract with one or more licensed dieticians for the support
  4 26 of nutritional provisions in individual education plans
  4 27 developed for children requiring special education and for
  4 28 support of school nutrition coordinators.
  4 29 LSB 5434XS 82
  4 30 kh/nh/5.2