House File 2392 - Introduced HOUSE FILE 2392 BY WILLS A BILL FOR An Act implementing requirements related to the health 1 instruction and health education instruction provided to 2 students enrolled in school districts, charter schools, and 3 innovation zone schools in grades one through twelve. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6110HH (2) 91 jda/jh

H.F. 2392 Section 1. Section 256E.7, subsection 2, Code 2026, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0l. Be subject to and comply with the 3 requirements of section 279.50B relating to required components 4 of the health and health education instruction provided to 5 students enrolled in grades one through twelve in the same 6 manner as a school district. 7 Sec. 2. Section 256F.4, subsection 2, Code 2026, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . 0l. Be subject to and comply with the 10 requirements of section 279.50B relating to required components 11 of the health and health education instruction provided to 12 students enrolled in grades one through twelve in the same 13 manner as a school district. 14 Sec. 3. NEW SECTION . 279.50B Health instruction —— 15 additional requirements. 16 1. In addition to the requirements related to health and 17 health education instruction described in section 256.11, 18 subsection 3, paragraph “a” , subparagraph (5), section 256.11, 19 subsection 4, paragraph “a” , subparagraph (5), and section 20 256.11, subsection 5, paragraph “j” , the board of directors of 21 each school district shall require that the health and health 22 education instruction provided to students enrolled in grades 23 one through twelve include active participation in a program 24 that satisfies all of the following requirements: 25 a. (1) Includes evidence-based instruction related to 26 proper nutrition and aerobic exercise that includes but is not 27 limited to all of the following: 28 (a) Instruction related to nutrients. 29 (b) Instruction related to how to read nutrition fact 30 labels. 31 (c) Instruction related to how nutrition and regular 32 aerobic exercise improve heart health and prevent hypertension, 33 obesity, diabetes, and heart disease. 34 (2) Includes assessments of each student’s knowledge of 35 -1- LSB 6110HH (2) 91 jda/jh 1/ 6

H.F. 2392 proper nutrition and aerobic exercise. One assessment must 1 be administered near the beginning of the semester or term, 2 and one assessment must be administered near the end of the 3 semester or term. The school district shall report the results 4 of the assessments administered pursuant to this subparagraph 5 to the department of education. 6 b. Is aligned with health standards adopted by the 7 department of health and human services. 8 c. Provides a passing or failing grade to each student upon 9 completion of the program. 10 d. Is selected from nationally accepted nutrition and 11 aerobic exercise programs designed for school-age children 12 that evaluate a student’s level of nutrition, cardiovascular 13 fitness, muscular strength, and endurance. 14 e. (1) Includes testing of blood pressure and resting heart 15 rate in accordance with the following requirements: 16 (a) Blood pressure and resting heart rate must be obtained 17 using appropriate methodologies. 18 (b) Blood pressure and resting heart rate must be collected 19 from a portion of the students participating in the program 20 using an appropriate sampling methodology. 21 (c) Information related to blood pressure and resting heart 22 rate must be collected and reported in a manner that protects 23 student privacy and confidentiality. 24 (2) One test of a student’s blood pressure or resting heart 25 rate must be performed near the beginning of the semester or 26 term, and one test of a student’s blood pressure or resting 27 heart rate must be performed near the end of the semester 28 or term. The school district shall report the results of 29 the tests administered pursuant to this subparagraph to the 30 department of education. 31 f. Includes assessments of each student’s strength endurance 32 using push-ups, sit-ups, or other similar measures. One 33 assessment must be administered near the beginning of the 34 semester or term, and one assessment must be administered near 35 -2- LSB 6110HH (2) 91 jda/jh 2/ 6

H.F. 2392 the end of the semester or term. The school district shall 1 report the results of the assessments administered pursuant to 2 this subparagraph to the department of education. 3 g. Includes modified tests for exceptional students. 4 h. Provides teachers involved in the program with 5 complete access to turnkey, evidence-based nutrition and 6 aerobic exercise education that students can implement in the 7 classroom, during school, after school, and when students are 8 at home. The turnkey, evidence-based nutrition and aerobic 9 exercise education may be in the form of a book or any form of 10 electronic media. 11 i. Allows time during the school day for students to meet 12 the physical activity requirements established in section 13 256.11, subsection 6. 14 j. Allows time during the school day for students to fill 15 out a daily journal to track information related to any of the 16 following: 17 (1) Food consumed. 18 (2) Nutrients consumed, including the amounts of water, 19 carbohydrates, protein, fat, minerals, and vitamins consumed. 20 (3) Exercise and physical activities in which the student 21 participated. 22 2. The board of directors of a school district may issue 23 a request for proposals and enter into an agreement with 24 a qualified person to provide all or part of the program 25 described in subsection 1. An agreement entered into under 26 this subsection must utilize a per-student rate for the cost of 27 the qualified person’s services. 28 3. All information collected from students participating in 29 the program, including information related to assessments and 30 student blood pressure and resting heart rate, shall be kept 31 confidential as required under the federal Family Educational 32 Rights and Privacy Act, 20 U.S.C. §1232g, and in the same 33 manner as personal information in student records maintained, 34 created, collected, or assembled by or for a school corporation 35 -3- LSB 6110HH (2) 91 jda/jh 3/ 6

H.F. 2392 or educational institution in accordance with section 22.7, 1 subsection 1. 2 4. The department of education shall submit an annual report 3 to the general assembly on or before December 31 each year that 4 contains information related to the results of the assessments 5 and tests that school districts reported to the department of 6 education pursuant to subsection 1. 7 5. The state board of education shall adopt rules pursuant 8 to chapter 17A to administer this section. 9 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 10 with section 25B.2, subsection 3, the state cost of requiring 11 compliance with any state mandate included in this Act shall 12 be paid by a school district from state school foundation aid 13 received by the school district under section 257.16. This 14 specification of the payment of the state cost shall be deemed 15 to meet all of the state funding-related requirements of 16 section 25B.2, subsection 3, and no additional state funding 17 shall be necessary for the full implementation of this Act 18 by and enforcement of this Act against all affected school 19 districts. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill implements requirements related to the health 24 instruction and health education instruction provided to 25 students enrolled in school districts, charter schools, and 26 innovation zone schools in grades 1 through 12. 27 The bill provides that, in addition to the requirements 28 related to the health and health education instruction 29 described in Code section 256.11 (educational standards), each 30 school district, charter school, and innovation zone school 31 shall require that the health and health education instruction 32 provided to students enrolled in grades 1 through 12 include 33 active participation in a program that satisfies requirements 34 established in the bill. Those requirements provide that 35 -4- LSB 6110HH (2) 91 jda/jh 4/ 6

H.F. 2392 the program must include evidence-based instruction related 1 to proper nutrition and aerobic exercise; be aligned with 2 health standards adopted by the department of health and 3 human services; provide a passing or failing grade to each 4 student upon completion of the program; be selected from 5 nationally accepted nutrition and aerobic exercise programs 6 designed for school-age children; include testing of blood 7 pressure and resting heart rate; include assessments of each 8 student’s strength endurance; include modified tests for 9 exceptional students; provide teachers with access to turnkey, 10 evidence-based nutrition and aerobic exercise education; allow 11 time during the school day for students to meet state physical 12 activity requirements; and fill out a daily journal. 13 The bill authorizes school districts, charter schools, and 14 innovation zone schools to issue a request for proposals and 15 enter into an agreement with a qualified person to provide all 16 or part of the program. Any agreement entered into pursuant to 17 the bill’s provisions must utilize a per-student rate for the 18 cost of the qualified person’s services. 19 School districts, charter schools, and innovation zone 20 schools are required to report certain specified information to 21 the department of education related to student assessments and 22 tests administered as part of the program, and the department 23 of education is required to submit an annual report to the 24 general assembly that contains information related to the 25 results of those assessments and tests. The bill provides that 26 all information collected from students participating in the 27 program shall be kept confidential. 28 The bill requires the state board of education to adopt rules 29 to administer the bill’s provisions. 30 The bill may include a state mandate as defined in Code 31 section 25B.3. The bill requires that the state cost of 32 any state mandate included in the bill be paid by a school 33 district from state school foundation aid received by the 34 school district under Code section 257.16. The specification 35 -5- LSB 6110HH (2) 91 jda/jh 5/ 6

H.F. 2392 is deemed to constitute state compliance with any state mandate 1 funding-related requirements of Code section 25B.2. The 2 inclusion of this specification is intended to reinstate the 3 requirement of political subdivisions to comply with any state 4 mandates included in the bill. 5 -6- LSB 6110HH (2) 91 jda/jh 6/ 6