Senate File 2279 - Reprinted SENATE FILE BY COMMITTEE ON EDUCATION (SUCCESSOR TO SF 2080) 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, and providing an 4 effective date. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 SF 2279 7 kh/nh/cc/26 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, and exclusive 1 12 of foods sold for fundraising purposes and foods and beverages 1 13 sold at concession stands. The standards shall be consistent 1 14 with the dietary guidelines for Americans issued by the United 1 15 States department of agriculture food and nutrition service. 1 16 Sec. 3. Section 256.9, Code Supplement 2007, is amended by 1 17 adding the following new subsections: 1 18 NEW SUBSECTION. 57. Convene, in collaboration with the 1 19 department of public health, a nutrition advisory panel to 1 20 review research in pediatric nutrition conducted in compliance 1 21 with accepted scientific methods by recognized professional 1 22 organizations and agencies including but not limited to the 1 23 institute of medicine. The advisory panel shall submit its 1 24 findings and recommendations, which shall be consistent with 1 25 the dietary guidelines for Americans published jointly by the 1 26 federal department of health and human services and department 1 27 of agriculture if in the judgment of the advisory panel the 1 28 guidelines are supported by the research findings, in a report 1 29 to the state board. The advisory panel may submit to the 1 30 state board recommendations on standards related to federal 1 31 school food programs if the recommendations are intended to 1 32 exceed the existing federal guidelines. The state board shall 1 33 consider the advisory panel report when establishing or 1 34 amending the nutritional content standards required pursuant 1 35 to section 256.7, subsection 29. The director shall convene 2 1 the advisory panel by July 1, 2008, and every five years 2 2 thereafter to review the report and make recommendations for 2 3 changes as appropriate. The advisory panel shall include but 2 4 is not limited to at least one Iowa state university extension 2 5 nutrition and health field specialist and at least one 2 6 representative from each of the following: 2 7 a. The Iowa dietetic association. 2 8 b. The school nutrition association of Iowa. 2 9 c. The Iowa association of school boards. 2 10 d. The school administrators of Iowa. 2 11 e. The Iowa chapter of the American academy of pediatrics. 2 12 f. A school association representing parents. 2 13 g. The Iowa grocery industry association. 2 14 h. An accredited nonpublic school. 2 15 i. The Iowa state education association. 2 16 NEW SUBSECTION. 58. Monitor school districts and 2 17 accredited nonpublic schools for compliance with the 2 18 nutritional content standards for foods and beverages adopted 2 19 by the state board in accordance with section 256.7, 2 20 subsection 29. School districts and accredited nonpublic 2 21 schools shall annually make the standards available to 2 22 students, parents, and the local community. A school district 2 23 or accredited nonpublic school found to be in noncompliance 2 24 with the nutritional content standards by the director shall 2 25 submit a corrective action plan to the director for approval 2 26 which sets forth the steps to be taken to ensure full 2 27 compliance. 2 28 Sec. 4. Section 256.11, subsection 6, Code Supplement 2 29 2007, is amended to read as follows: 2 30 6. a. A pupil is not required to enroll in either 2 31 physical education or health courses, or meet the requirements 2 32 of paragraph "b" or "c", if the pupil's parent or guardian 2 33 files a written statement with the school principal that the 2 34 course or activity conflicts with the pupil's religious 2 35 belief. 3 1 b. (1) All physically able students in kindergarten 3 2 through grade five shall be required to engage in a physical 3 3 activity for a minimum of thirty minutes per school day. 3 4 (2) All physically able students in grades six through 3 5 twelve shall be required to engage in a physical activity for 3 6 a minimum of one hundred twenty minutes per week. A student 3 7 participating in an organized and supervised athletic program 3 8 or non=school=sponsored extracurricular activity which 3 9 requires the student to participate in physical activity for a 3 10 minimum of one hundred twenty minutes per week is exempt from 3 11 the requirements of this subparagraph. 3 12 (3) The department shall collaborate with stakeholders on 3 13 the development of daily physical activity requirements and 3 14 the development of models that describe ways in which school 3 15 districts and schools may incorporate the physical activity 3 16 requirement of this paragraph into the educational program. 3 17 c. Every student by the end of grade twelve shall 3 18 successfully complete a certification course for 3 19 cardiopulmonary resuscitation. The administrator of a school 3 20 may waive this requirement if the student is not physically 3 21 able to successfully complete the training. 3 22 Sec. 5. Section 273.2, Code 2007, is amended by adding the 3 23 following new subsection: 3 24 NEW SUBSECTION. 7. The board of an area education agency 3 25 or a consortium of two or more area education agencies shall 3 26 contract with one or more licensed dieticians for the support 3 27 of nutritional provisions in individual education plans 3 28 developed in accordance with chapter 256B and to provide 3 29 information to support school nutrition coordinators. 3 30 Sec. 6. DEPARTMENT OF EDUCATION == FITNESS WORKING GROUP. 3 31 The department of education shall convene a working group 3 32 comprised of elementary and secondary education and fitness 3 33 professionals and stakeholders to assist the department in 3 34 developing daily physical activity opportunities and 3 35 requirements and developing models that describe ways in which 4 1 school districts and schools may incorporate physical 4 2 activities for students into the educational program as 4 3 provided in section 256.11, subsection 6, paragraph "b", as 4 4 enacted by this Act. The working group shall also develop 4 5 recommendations for a system of implementation that offers 4 6 every student the opportunity to become physically active. 4 7 The department of education shall submit its findings and 4 8 recommendations, including any recommendations for changes in 4 9 policy or statute, in a report to the general assembly by 4 10 January 15, 2009. 4 11 Sec. 7. EFFECTIVE DATE. The section of this Act that 4 12 amends section 256.11, subsection 6, takes effect July 1, 4 13 2009. 4 14 SF 2279 4 15 kh/nh/cc/26