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