ECS
From the ECS State Policy Database
2005 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2005. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

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- School/District Structure/Operations--Food Service
CTSigned into law 06/2005P-12Requires the department to develop and make available guidelines for the management of students with life-threatening food allergies. Requires the guidelines to include: (1) Education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with a cartridge injector pursuant to subsection (d) of section 10-212a of the general statutes, (2) procedures for responding to life-threatening allergic reactions to food, (3) a process for the development of individualized health care and food allergy action plans for every student with a life-threatening food allergy, and (4) protocols to prevent exposure to food allergens.

Requires each local and regional board of education, by July 2006, to implement a plan, based on the department guidelines, for the management of students with life-threatening food allergies enrolled in the schools under its jurisdiction. http://www.cga.ct.gov/2005/act/Pa/2005PA-00104-R00SB-01312-PA.htm
Title: S.B. 1312
Source: www.cga.ct.gov

CTVetoed 06/2005P-12Clarifies that K-5 daily physical exercise requirement must include at least 20 minutes of exercise per full school day in addition to any physical education requirements.

Authorizes every local and regional board of education to establish a School Wellness Committee to monitor and implement nutrition and physical activity policies required pursuant to the provisions of the Child Nutrition and WIC Reauthorization Act of 2004, P.L. 108-265. States that each such committee is to make recommendations to its board of education regarding school wellness issues, including ordering Connecticut grown foods for inclusion in school meals, conducting school fundraisers with either healthy food or nonfood items, establishing a nutrition education curriculum and promoting physical education and exercise. States that committee members may include a school administrator, a physical education teacher, a teacher who does not teach physical education, a school nurse, a local pediatrician, the food service director for the school district, two parents of children enrolled in a school in the school district, a middle school student, a member of the local or regional board of education and a high school student.

Requires school stores, vending machines, school cafeterias, and any school sponsored or nonschool sponsored fundraising activities to sell only the following beverages: (1) Water, (2) milk, including, but not limited to, chocolate milk, soy milk, rice milk and other similar dairy or nondairy milk, (3) one hundred per cent fruit juice or vegetable juice or a combination of such juices, (4) beverages that contain only water and fruit juice and have no added natural or artificial sweeteners, and (5) one-half hour after the last lunch period in high schools only, sugar free soft drinks or electrolyte replacement beverages containing no more than forty-two grams of added sweetener per twenty ounce serving, provided such sugar free soft drinks or electrolyte replacement beverages constitute no more than twenty per cent each of the beverage options permitted pursuant to this subsection.

Authorizes a local or regional board of education to permit the sale of other beverages to students at middle schools or high schools provided (1) such sale is in connection with a school sponsored event occurring after the end of the regular school day or on the weekend, (2) such sale is at the location of such event, and (3) such beverages are not sold from a vending machine or school store.

Requires the Department of Education to annually publish a list of recommended prepackaged foods and set nutritional standards for other foods, other than beverages and foods served as part of the National School Lunch Program and School Breakfast Program, that may be offered as the only foods on school premises for sale to students. Requires local and regional boards of education to implement such recommendations and permit students on school premises to buy only those foods (1) included in the list of recommended prepackaged foods, (2) meeting the nutritional standards set by the department, or (3) served as part of the National School Lunch Program and School Breakfast Program, not later than August 15, 2006, and annually thereafter.

Allows a local or regional board of education to permit the sale to students of foods that are not listed as recommended prepackaged foods or do not meet the nutritional standards set by the Department of Education pursuant to subsection (a) of this section, provided (1) such sale is in connection with a school sponsored event occurring after the end of the regular school day or on the weekend, (2) such sale is at the location of such event, and (3) such foods are not sold from a vending machine or school store.

http://www.cga.ct.gov/2005/act/Pa/2005PA-00117-R00SB-01309-PA.htm
Title: S.B. 1309
Source: www.cga.ct.gov

FLSigned into law 05/2005P-12Requires each district school board to develop a plan to sponsor a summer nutrition program beginning in the summer of 2006. Provides criteria for operating program sites. Authorizes exemption from sponsoring said program and provides procedures therefor. Authorizes school boards to encourage not-for-profit entities to sponsor said program under certain circumstances. Authorizes the superintendent of schools to collaborate with municipal and county governmental agencies and private, not-for-profit leaders in implementing the plan.

Requires the department to provide to each local board by February 15 of each year a list of local organizations that have filed letters of intent to participate in the summer nutrition program in order for the board to be able to determine how many sites are needed to serve the children and where to place each site.

http://www.myfloridahouse.gov/bills_detail.aspx?Id=15724&iSessionSelectedIndex=1&sBillSubjectText=&sBillNumberText=227&iSponsorSelectedIndex=0&iBillListSelectedIndex=0&sStatueAmendedText=&iBillTypeSelectedIndex=0&iReferredToSelectedIndex=0&iChamberSelectedIndex=2&iBillSearchListPageIndex=0
Title: H.B. 227
Source: www.myfloridahouse.gov

HISigned into law 05/2005P-12Authorizes the department of education to set school lunch prices of up to 1/2, rather than 1/3, of the cost of preparing the lunches, to allow for cost recovery from lunch sales. http://www.capitol.hawaii.gov/sessioncurrent/bills/hb843_.htm
Title: H.B. 843
Source: www.capitol.hawaii.gov

WAto governor 05/2005P-12Subject to funding, requires school districts, by the 2005-06 school year, to begin school breakfast programs in schools in which more
than 40 percent of the students qualify for free or reduced price lunches. Requires the Superintendent of Public Instruction to consult with certain education interests when adopting the criteria for waiving school meal requirements.
Title: H.B. 1771
Source: http://www.leg.wa.gov

AZSigned into law 04/2005P-12By July 1, 2006, requires the department to develop minimum nutrition standards that at least meet federal guidelines for food and beverages sold or served at elementary and middle/junior high schools during the school day. Requires all elementary and middle/junior high schools to participate in the national school lunch program unless in a school district with fewer than 100 students, in which the district may opt not to participate. Requires food sold or served at elementary and middle/junior high schools or at school events during the school day to meet the departmental nutrition standards, including food sold as a la carte items in the food service program and food and beverages sold in vending machines, snack bars and meal-period kiosks and at school stores. Bars food of minimal nutritional value as defined in federal law from being sold or served during the school day at any elementary or middle/junior high school.

Beginning on July 15, 2006, requires new and renewal contracts for food and/or beverages to expressly prohibit the sale of sugared, carbonated beverages and all other foods of minimal nutritional value on elementary and middle/junior high campuses. Allows the department to approve a carbonated drink that meets or exceeds the department's minimum nutrition standards.

Authorizes parents, students and community members to review food and beverage contracts to ensure that food and drinks sold on elementary and middle/junior high campuses are nutritious, help students learn and model fit living for life.

Allows districts serving students in grades 9-12 to adopt nutrition standards for high schools.

Specifies that this bill does not prohibit a district from developing nutrition standards more stringent than the department's standards, prohibit or limit the sale of food or beverages through student, teacher, or educational groups' fundraising activities when items are intended for sale off school grounds, or prohibit or limit the sale of food or beverage items to adults in a faculty lounge or under other circumstances where the sale or distribution is limited to teachers, administrators or other adults.

http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=2544
Title: H.B. 2544
Source:

KYSigned into law 03/2005P-12Beginning with the 2006-2007 school year, requires each school to limit access to no more than one day each week to retail fast foods in the cafeteria, whether sold by contract, commercial vendor, or otherwise.

Requires every district to appoint a food service director who is responsible for the management and oversight of the food service program in the district; allows two or more contiguous districts to form a "school food service area," in which a school food service director must be jointly selected by the participating superintendents to oversee the school food service area. Each school food service director must be certified as a "school food service and nutrition specialist" or certified by a Level 2 certificate issued by the American School Food Service Association within three years after this bill goes into effect. Requires school cafeteria managers to annually receive at least two hours of continuing education in applied nutrition and healthy meal planning and preparation.

Defines "competitive food," "school day" and school-day-approved beverage." Defines "school-day-approved beverage" as water, 100% fruit juice, lowfat milk, and any beverage that contains no more than 10 grams of sugar per serving. Requires the state board to specify the minimum nutritional standards for all foods and beverages sold outside the National School Breakfast and National School Lunch programs in vending machines, school stores, canteens, and a la carte cafeteria sales. Requires minimum nutritional standards to be based on the most recent edition of the United States Department of Agriculture's Dietary Guidelines for Americans. Requires the state board rule to address serving size, sugar, and fat content of the foods and beverages. Permits school districts to impose more stringent standards than the state board standards. Requires all schools to follow the state board minimum standards unless the school has obtained a waiver from the state board. Requires any waiver approved by the state board to be reviewed on an annual basis.

Bars schools from selling competitive foods or beverages from the time of the arrival of the first student at the school building until 30 minutes after the last lunch period. Allows only school-day-approved beverages to be sold in elementary schools during the school day in vending machines, school stores, canteens, or fundraisers that sell beverages by students, teachers, or groups on school grounds.

Establishes fines and other sanctions for any public school that violates the school food nutrition requirements in section 4 of this bill.

Requires each school food service director to annually assess school nutrition in the district and issue a written report to parents, the local school board, and school-based decision making councils. The report must include:
(a) An evaluation of compliance with the National School Breakfast and National School Lunch programs;
(b) An evaluation of the availability of contracted fast foods or foods sold through commercial vendors;
(c) A review of access to foods and beverages sold outside the National School Breakfast and National School Lunch programs, including vending machines, school stores, canteens, and a la carte cafeteria sales;
(d) A list of foods and beverages that are available to students, including the nutritional value of those foods and beverages; and
(e) Recommendations for improving the school nutrition environment.

Requires the state board to develop an assessment tool that each school district may use to evaluate its physical activity environment. Requires the evaluation to be completed annually and released to the public at the same time as the school food service director's annual nutrition report. Requires every local board to discuss the findings of the nutrition report and physical activity report, seek public comments during a public meeting of the board, and annually hold an advertised public forum to present a plan to improve school nutrition and physical activities in the school district.

Requires each school council of an elementary school to develop and implement a wellness policy that includes moderate to vigorous physical activity each day and encourages healthy choices among students. The policy may permit physical activity to be considered part of the instructional day, up to 30 minutes per day, or 150 minutes per week. Each school council must adopt an assessment tool or utilize an existing assessment program to annually determine each child's level of physical activity. Requires the department to make available a list of available resources to carry out the provisions of this subsection, and to report annually to the Legislative Research Commission on how the schools are providing physical activity under these requirements, and on the types of physical activity being provided. The policy developed by the school council must comply with provisions required by federal law, state law, or local board policy.

Bill summary, history and text: http://lrc.ky.gov/RECORD/05RS/SB172.htm
Fiscal note: http://lrc.ky.gov/RECORD/05RS/SB172/FN.doc
Title: S.B. 172
Source: lrc.ky.gov

ILSigned into law 02/2005P-12Relates to the Childhood Hunger Relief Act. Provides that every public school must have a free breakfast program. Strongly encourages all districts with at least 50% of students eligible for free or reduced lunch to sponsor a summer food service program by summer 2006. Requires school boards and welfare centers to keep accurate accounts of all moneys expended for free school breakfast programs, free lunch programs and summer food service programs. http://www.ilga.gov/legislation/93/hb/09300hb0756lv.htm
Title: H.B. 756
Source: StateNet

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