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       Florida Senate - 2010                                    SB 1294
       By Senator Wilson
       33-00951-10                                           20101294__
    1                        A bill to be entitled                      
    2         An act relating to school wellness and physical
    3         education policies; amending s. 1003.453, F.S.;
    4         revising each school district’s requirement for
    5         reviewing its wellness and physical education
    6         policies; providing specific guidelines for a school
    7         district’s wellness and physical education policies
    8         with regard to nutrition education, physical activity,
    9         school-based activities, and nutritional guidelines
   10         for food and beverages sold or served on campus;
   11         requiring the Department of Education to designate the
   12         superintendent of each school district as responsible
   13         for implementing and administering the wellness and
   14         physical education policies of the school district;
   15         prohibiting guidelines for reimbursable school meals
   16         from being less restrictive than certain federal
   17         regulations and guidelines; requiring that the
   18         superintendent report to the department on the school
   19         district’s compliance with the act; requiring that the
   20         superintendent appoint a district wellness committee
   21         to review the district’s wellness and physical
   22         education policies and make recommendations; providing
   23         an effective date.
   25         WHEREAS, the Legislature recognizes that good nutrition and
   26  regular physical activity affect the health and well-being of
   27  students who attend public school in this state, and
   28         WHEREAS, research suggests that there is a positive
   29  correlation between a student’s health and well-being and his or
   30  her ability to learn, and
   31         WHEREAS, schools can play an important role in the
   32  developmental process by which students establish their health
   33  and nutrition habits by providing nutritious meals and snacks
   34  through school meal programs, by supporting the development of
   35  good eating habits, and by promoting increased physical activity
   36  both in and out of school, and
   37         WHEREAS, the Legislature finds that this effort to support
   38  students in developing healthy behaviors and habits with regard
   39  to eating and exercise cannot be accomplished by public schools
   40  alone, and
   41         WHEREAS, it is necessary for school staff, parents, and the
   42  public at large to be involved in a community-wide effort to
   43  promote, support, and model these healthy behaviors and habits,
   46  Be It Enacted by the Legislature of the State of Florida:
   48         Section 1. Subsection (1) of section 1003.453, Florida
   49  Statutes, is amended, and subsections (5), (6), (7), (8), and
   50  (9) are added to that section, to read:
   51         1003.453 School wellness and physical education policies;
   52  nutrition guidelines.—
   53         (1) By September 1, 2010 2006, each school district shall
   54  submit to the Department of Education a copy of its school
   55  wellness policy as required by the Child Nutrition and WIC
   56  Reauthorization Act of 2004 and a copy of its physical education
   57  policy required under s. 1003.455. Each school district shall
   58  annually review its school wellness policy and physical
   59  education policy and provide a procedure for public input and
   60  revisions. In addition, each school district shall send an
   61  updated copy of its wellness policy and physical education
   62  policy to the department when a change or revision is made.
   63         (5) Each school district shall adopt the following wellness
   64  and physical education policies in an effort to enable students
   65  to establish good health and nutrition habits:
   66         (a) With regard to nutrition education, each school
   67  district shall:
   68         1. Include engaging nutrition education in the health
   69  curriculum that has developmentally appropriate activities that
   70  are integrated throughout the year. Instruction shall be
   71  sequential and standards-based and shall provide students with
   72  the knowledge, attitudes, and skills necessary to lead healthy
   73  lives.
   74         2. Extend nutrition education beyond the classroom by
   75  engaging and involving the school’s food service staff and by
   76  using the school cafeteria as a “learning lab” that allows
   77  students to apply the knowledge, attitudes, and skills taught in
   78  the classroom when making choices at mealtime.
   79         3. Extend nutrition education beyond the school by engaging
   80  and involving the students’ families and the community.
   81         4. Promote standards and benchmarks for nutrition education
   82  through a variety of media.
   83         5. Inform all staff of and provide appropriate training to
   84  selected staff in the best practices of nutrition education.
   85         (b) With regard to physical activity, each school district
   86  shall:
   87         1. Provide a physical education curriculum that is aligned
   88  with the state standards and the standards of the National
   89  Association for Sport and Physical Education, inclusive, and
   90  that is sequentially planned in order to teach the knowledge,
   91  skills, and attitudes necessary to live an active, healthy life.
   92         2. Provide 225 minutes of physical education per week for
   93  grades 6 through 8.
   94         3. For elementary schools, require a mandatory 15- to 30
   95  minute recess that consists of physical activity on the days
   96  students do not have physical education class.
   97         4. For students in grades 6 through 12, offer opportunities
   98  for extracurricular activities and intramural programs that
   99  emphasize physical activities.
  100         5. For students in kindergarten through grade 12, provide a
  101  curriculum that includes moderate to vigorous daily physical
  102  activity beyond the school day.
  103         6. Provide families with information to encourage and
  104  assist them in their efforts to incorporate physical activity
  105  into their children’s daily lives.
  106         7. Encourage the establishment of community and business
  107  partnerships that institute programs supporting physical
  108  activity.
  109         (c) With regard to other school-based activities, each
  110  school district shall:
  111         1. Assist each school in establishing a wellness committee
  112  to help coordinate physical activity, nutrition, and other
  113  aspects of student and staff wellness. The wellness committee
  114  may include parents, students, teachers, a school nurse,
  115  physical education teachers, health teachers, career service
  116  representatives, or members of the school administration.
  117         2. Provide on-site resources to assist staff in improving
  118  their own personal health and wellness and provide incentives,
  119  including, but not limited to, a decrease in insurance premiums,
  120  bonuses, and teacher recognitions to enable staff to be good
  121  role models for students in promoting student wellness.
  122         3. Communicate information to parents on nutrition, the
  123  benefits of physical activity, and specific information
  124  concerning their children’s health, including body mass index
  125  (BMI).
  126         4. Assist schools in offering healthy food and beverage
  127  options at fundraising activities and school-sponsored events
  128  and during field trips.
  129         5. Mandate that schools provide food or beverages that meet
  130  the recommended nutrition standards for purposes of snacks,
  131  celebrations, and rewards, and look for alternative methods of
  132  classroom make-up time and discipline other than those that deny
  133  students the opportunity to participate in recess or other
  134  physical activities.
  135         6. Assist schools in providing a period of at least 15
  136  minutes for students to eat breakfast and at least 20 minutes
  137  for students to eat lunch from the time the students receive
  138  their food.
  139         (d) With regard to nutrition guidelines for all foods
  140  available on campus during the school day, the school district
  141  shall:
  142         1. Provide to all students through the school’s food
  143  service department affordable access to the varied and
  144  nutritious foods that students need in order to be healthy and
  145  learn.
  146         2. Require that food and beverages sold or served to
  147  students meet the nutritional recommendations of the current
  148  Dietary Guidelines for Americans published by the United States
  149  Department of Agriculture and the Coalition for Healthy Kids.
  150         3. Require that all foods made available to students
  151  promote student health and well-being.
  152         4. Require that each school food service department prepare
  153  and distribute to staff, parents, and after-school program
  154  personnel a list of snack items that comply with the current
  155  Dietary Guidelines for Americans.
  156         (e) All foods and beverages served or sold in each school
  157  district must meet the following specific guidelines that must
  158  be applied campus-wide:
  159         1. Beverages:
  160         a. Must be single-serving size, excluding milk and water.
  161         b. May not be diet soda.
  162         c. May not contain caffeine.
  163         d. Must be listed in the school beverage guidelines
  164  provided by the American Beverage Association, excluding
  165  flavored milk, pending availability.
  166         2. Foods in snack machines must:
  167         a. Be limited to 250 calories per serving.
  168         b. Have a limited amount of fat, not to exceed 35 percent
  169  of the total calories, excluding nuts and seeds.
  170         c. Contain saturated fats at a level not exceeding 10
  171  percent of the total calories.
  172         d. Contain sugars at a level not exceeding 35 percent of
  173  the snack food’s weight, excluding fruits and vegetables.
  174         e. Contain no more than 250 mg of sodium per serving.
  175         f. Not contain any trans fats.
  176         3. Each school shall eliminate frying equipment from its
  177  kitchen.
  179  Parents and school booster associations are encouraged to follow
  180  these guidelines.
  181         (6) The department shall designate the superintendent of
  182  each school district as the individual charged with operational
  183  responsibility for measuring and evaluating the school
  184  district’s progress in implementing the policies specified in
  185  subsection (5). The superintendent shall develop administrative
  186  procedures necessary to implement and administer the policies
  187  specified in subsection (5).
  188         (7) Guidelines for reimbursable school meals may not be
  189  less restrictive than regulations and guidelines issued by the
  190  United States Department of Agriculture.
  191         (8) Upon the request of the department, the superintendent
  192  of each school district shall report on the district’s
  193  compliance with the policies specified in subsection (5) and the
  194  progress made toward achieving the goals set forth in these
  195  policies.
  196         (9) The district school superintendent shall appoint a
  197  district wellness committee that consists of one or more
  198  representatives from the school board, the administration, the
  199  food service department, the parents, the students, and the
  200  public. The district wellness committee shall annually review
  201  the district’s wellness and physical education policies and
  202  provide the superintendent with any recommended changes to the
  203  policies specified in subsection (5).
  204         Section 2. This act shall take effect July 1, 2010.

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