ECS
From the ECS State Policy Database
2010 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 2010. 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].

State Status/Date Level Summary
+ 21st Century Skills
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- Health--Nutrition
CASigned into law 09/2010P-12Requires a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, unless the governing board of a school district adopts a resolution stating that it is unable to comply with this requirement and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns. Requires that the resolution be publicly noticed on at least 2 consecutive meeting agendas and approved by at least a majority of the governing board. http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1401-1450/sb_1413_bill_20100930_chaptered.pdf
Title: S.B. 1413
Source: www.leginfo.ca.gov

DCAdopted 07/2010P-12Establishes a Healthy Schools Fund to, among other purposes, (1) provide additional funding for healthy school meals; (2) provide free breakfasts in charter schools; (3) eliminate the reduced-price copayment; (4) provide resources to implement the breakfast-in-the-classroom program; and (5) encourage local foods to be served in schools (public schools and charter schools will receive an additional 5 cents per lunch meal reimbursement when at least one component of a reimbursable lunch meal is comprised entirely of locally grown and unprocessed foods). Permits the office of the state superintendent of education to increase the amounts reimbursable to public schools and charter schools for the aforementioned activities to further improve the quality and nutrition of school meals.

Directs public schools and charter schools to serve healthy and nutritious meals to students, and strongly encourages schools to consider serving vegetarian options each week. Strongly encourages public schools and charters to participate in the U.S. Department of Agriculture's HealthierUS School Challenge program and achieve Gold Award Level certification. Requires all breakfast, lunch, and after-school meals served to students in public schools and charter schools or by organizations participating in the Afterschool Meal Program to meet or exceed specified federal nutritional standards. Additionally requires breakfast and lunch meals to meet or exceed (1) local standards enumerated in the legislation and (2) the serving requirements of the U.S. Department of Agriculture's HealthierUS School Challenge program at the Gold Award Level for vegetables, fruits, whole grains, milk, and other foods served in school meals.

Requires public schools to participate in federal meal programs whenever possible. Establishes several additional requirements for public school meals, including that schools (1) solicit input from students, faculty, and parents, through taste tests, comment boxes, surveys, a student nutrition advisory council, or other means, on nutritious meals that appeal to students; (2) promote healthy eating to students, faculty, staff and parents; and (3) provide at least 30 minutes for students to eat lunch. Encourages schools to make cold, filtered water available free to students, through water fountains or other means, when meals are served to students.

Directs the D.C. Public Schools to establish a central kitchen facility to (1) prepare, process, grow, and store nutritious foods for schools and nonprofit organizations; (2) support nutrition education programs; and
(3) provide job-training programs for students and District residents. Requires that charter schools be given reasonable access to this facility. Requires food service providers to provide schools and charter schools with specified information on foods they provide, including the nutritional content and ingredients of each menu item, the location where fruits and vegetables served in schools are grown and processed, and whether growers are engaged in sustainable agriculture practices. Requires that this information be posted in the school's office and on the school Web site, if one exists. Requires public schools and charter schools to inform families that vegetarian options and milk alternatives are available upon request.

Requires all foods provided through public school and charter school vending machines, fundraisers, snacks, after-school meals, or other means, or sold in stores in schools and charter schools, meet the requirements of the U.S. Department of Agriculture's HealthierUS School Challenge program at the Gold Award Level for competitive foods. Provides exceptions. Prohibits third parties (other than school-related organizations and school meal service providers) from selling food and beverages on school property from 90 minutes before the school day begins until 90 minutes after the school day ends. Prohibits foods that do not meet the standards of the U.S. Department of Agriculture's HealthierUS School Challenge program at the Gold Award Level for competitive foods from being (1) used as incentives, prizes, or awards in public schools or charter schools; or (2) advertised or marketed in public schools and charter schools through posters, signs, book covers, scoreboards, supplies, equipment or other means. Establishes penalties for violations of these provisions related to healthy vending, fundraising and prizes in public schools.

Directs the Healthy Schools and Youth Commission to review school nutrition and the aforementioned requirements of this title at least every 3 years and recommend improvements to the mayor and the council.

Establishes a farm-to-school program. Directs schools and charter schools to serve locally grown, locally processed and unprocessed foods whenever possible. Requires programs such as a local flavor week and a harvest of the month. Requires an annual report and recommendations on farm-to-school initiatives.
Pages 1-9 of 19: http://www.dccouncil.us/images/00001/20100510112429.pdf
Title: L.B. 18-564 - Healthy Foods
Source: www.dccouncil.us

ILSigned into law 07/2010P-12Directs the state board of education to develop and maintain a nutrition and physical activity best practices database, to contain the results of any wellness-related fitness testing done by school districts, as well as information on successful programs and policies implemented by districts designed to improve nutrition and physical activity in the public and charter schools. Provides this information may include (i) a description of the program or policy, (ii) advice on implementation, (iii) any assessment of the program or policy, (iv) a contact person from the district, and (v) any other information the state board deems appropriate. Requires that the database be readily accessible to all districts statewide. Directs the state board to encourage districts to submit information to the database, but specifies that no district is required to submit information. Provides the state board may adopt rules necessary for administration of the database. Provides that the requirements of the state board of education to establish the database become effective once the state board has secured all of the funding necessary to implement it. http://www.ilga.gov/legislation/publicacts/96/PDF/096-1223.pdf
Title: S.B. 3706
Source: www.ilga.gov

FLSigned into law 06/2010P-12Creates the Florida Farm Fresh Schools Program (the Program) within the state department of education. Requires the Program to comply with the National School Lunch Program. Also requires the department of education to work with the department of agriculture and consumer services (DACS) to develop policies pertaining to school food services which encourage: (1) School districts to buy fresh and high-quality foods grown in this state when feasible; (2) Farmers in this state to sell their products to school districts and schools; (3) School districts and schools to demonstrate a preference for competitively priced organic food products; and (4) School districts and schools to make reasonable efforts to select foods based on a preference for those that have maximum nutritional content. Requires the department of education in collaboration with the DACS to provide outreach, guidance, and training to school districts, schools, school food service directors, parent and teacher organizations, and students about the benefits of fresh food products from farms in this state. http://laws.flrules.org/2010/183
Title: S.B. 140
Source: http://laws.flrules.org

OHSigned into law 06/2010P-12Establishes the Healthy Choices for Healthy Children Council. Directs the council to:
(1) Monitor progress in improving student health and wellness
(2) Make periodic policy recommendations to the state board of education on ways to improve the nutritional standards for food and beverages served in public schools
(3) Make periodic recommendations to the department of education for the development of a clearinghouse of best practices in the areas of student nutrition, physical activity for students, and body mass index (BMI) screenings
(4) Assist the department of health in developing a list of resources on health risks associated with weight status, for distribution to parents
(5) Regularly review developments in science and nutrition to inform recommendations to the state board and department of education.

Requires the department of education, upon receipt of the council's initial recommendations, to establish a clearinghouse of best practices that schools may use to promote student health. Directs the department to update the clearinghouse as needed to reflect subsequent council recommendations.

Establishes new Section 3313.674, which requires students in kindergarten, 3rd, 5th and 9th grades to undergo a BMI and weight status category screening. Allows parents to opt their child out of screening requirement. Requires parents of each screened student to be notified of any health risks associated with the student's results and to be provided with information about appropriately addressing the risks. Requires local boards/charter school governing authorities to report aggregated BMI and weight status category data and any other demographic data required by the director of health, to the department of health. Allows a local board/governing authority to obtain a waiver from this requirement.

Directs the department of education to issue an annual report on public schools' compliance with new Section 3313.674. Establishes new Section 3313.6016, which directs the department of education, beginning in the 2011-12 school year, to administer a pilot program requiring daily physical activity for students. Permits any district, charter school, STEM school or nonpublic school to choose to participate; if a district elects to participate, requires all buildings operated by that district to participate. Specifies that participating schools must require students (grades K-12) to engage in at least 30 minutes of moderate to rigorous physical activity, not including recess, and that physical activity as part of a physical education course or before- or after-school activity may count towards this requirement. Identifies students excused from this requirement, including among others kindergarten students not enrolled in a full-day kindergarten program. Requires participating districts or schools to report to the department how the 30 minutes of daily physical activity was implemented and the financial cost of implementation; requires the department to issue an annual report of this data.

By December 31, 2011, directs the state board of education to develop a measure of (1) student success in meeting benchmarks in the physical education standards; (2) compliance with the requirements for local wellness policies prescribed by the federal "Child Nutrition and WIC Reauthorization Act of 2004"; (3) whether a school or district is complying with or operating under a waiver from Section 3313.674; and (4) whether a district or building is participating in the physical activity pilot program established through new Section 3313.6016. Requires the measure to be included in building and district report cards, beginning with report cards issued for the 2012-13 school year, but specifies that the measure will not be a factor in performance ratings issued. Permits the department to accept, receive and expend gifts, devises or bequests of money for the purpose of establishing this measure.

Amends high school graduation requirements to require the half-unit of health to include instruction in nutrition and the benefits of nutritious foods and physical activity for overall health.

Requires that each public, charter and STEM school teacher hired after July 2013 to teach physical education holds a valid license for teaching physical education.
Pages 1-14, 22 and 28-29 of 32: http://www.legislature.state.oh.us/BillText128/128_SB_210_EN_N.pdf
Title: S.B. 210, Part I
Source: www.legislature.state.oh.us

MNSigned into law 05/2010P-12Establishes the healthy kids awards program to reward k-12th grade schools that implement policies and practices that create opportunities for students to be physically active and make healthy food choices throughout the day. The program seeks to integrate physical activity into nonphysical education classes, recess, and extracurricular activities throughout the day in addition to the physical education received in physical education classes. The program also seeks to integrate nutrition education and healthy food and beverage choices throughout the school environment, including classrooms, cafeteria, vending, school stores, and fund-raising. The program requirements align with the Institute of Medicine's guidelines for school food and beverages.

School districts may submit letters of intent to participate in the healthy kids awards program to the commissioner of education by September 15 of each school year. Schools that report to the commissioner of education and meet the program criteria developed by the commissioner will have a "Healthy Kids Award" indicator placed on the school report card.
https://www.revisor.mn.gov/bin/bldbill.php?bill=S2908.3.html&session=ls86
Title: S.B. 2908
Source: https://www.revisor.mn.gov/

WISigned into law 05/2010P-12Requires the Department of Agriculture, Trade and Consumer Protection (DATCP) to promote "farm to school" programs, the purposes of which include to connect schools with nearby farms to provide children with locally produced fresh fruits and vegetables, dairy products, and other nutritious, locally produced foods in school breakfasts, lunches, and snacks, to help children develop healthy eating habits, to provide nutritional and agricultural education, and to improve farmers' incomes. The Act also creates a grant program for farm to school programs and establishes a farm to school council.
http://www.legis.state.wi.us/2009/data/AB-746.pdf
Title: A.B. 746
Source: http://www.legis.state.wi.us

COSigned into law 04/2010P-12Creates the Farm-To-School Healthy Kids Act, and, in connection therewith, establishing an interagency task force to develop farm-to-school program policies.
http://www.leg.state.co.us/clics/clics2010a/csl.nsf/fsbillcont3/B61242203E488371872576AA00699224?open&file=081_enr.pdf
Title: S.B. 81
Source: ttp://www.leg.state.co.us

VTSigned into law 04/2010P-12Proposes to maximize eligibility and simplify the enrollment process in 3SquaresVT by implementing federal options in the supplemental nutrition assistance program; Requires schools in districts receiving 21st Century Community Learning Center grant funds to provide fiscal sponsorship to organizations operating after-school programs in order to access funding for meals and snacks through the federal nutrition programs.
http://www.leg.state.vt.us/docs/2010/bills/Passed/H-408.pdf
Title: H.B. 408
Source: http://www.leg.state.vt.us

MSSigned into law 03/2010P-12Requires the Office of Healthy Schools of the State Department of Education to provide comprehensive training on certain food service practices provided by local school districts. Authorizes the Department to determine the time, location and frequency with which the trainings are held. Requires certain district personnel to attend the trainings. Regulations must include
(a) Healthy food and beverage choices;
(b) Healthy food preparation;
(c) Marketing of healthy food choices to students and staff;
(d) Food preparation ingredients and products;
(e) Minimum and maximum time allotment for students and staff lunch and breakfast periods;
(f) The availability of food items during the lunch and breakfast periods of the Child Nutrition School Breakfast and Lunch Programs; and
(g) Methods to increase participation in the Child Nutrition School Breakfast and Lunch Programs.
http://billstatus.ls.state.ms.us/documents/2010/pdf/HB/1000-1099/HB1079SG.pdf
Title: H.B. 1079
Source: http://billstatus.ls.state.ms.us

MSSigned into law 03/2010P-12Requires the State Department of Education to provide financial incentives to schools receiving recognition through the Healthier Schools Initiative. Requires local school districts to include relevant information on web sites and to provide technical assistance. Requires application review by the department of agriculture. Authorizes schools to modify applications that are not approved. Relates to promotion of good nutrition and physical activity.
http://billstatus.ls.state.ms.us/documents/2010/pdf/HB/1000-1099/HB1078SG.pdf
Title: H.B. 1078
Source: http://billstatus.ls.state.ms.us

VASigned into law 03/2010P-12Requires the Board of Education, in cooperation with the Department of Health, to promulgate and periodically update regulations setting nutritional guidelines for all competitive foods sold or served to students during regular school hours; requires the Board to adopt either the Alliance for a Healthier Generation's Competitive Foods Guidelines or the Institute of Medicine's Recommended Standards for Competitive Foods in Schools as the initial statewide standard for competitive foods.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SB414ER+pdf
Title: S.B. 414
Source: http://leg1.state.va.us

+ Health--School Based Clinics or School Nurses
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