05RS SB172

SB172

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SB 172/FN (BR 1174) - A. Kerr, W. Blevins Jr, E. Scorsone

     AN ACT relating to health and nutrition in schools.
     Amend KRS 156.160 to require 30 minutes of physical activity each day in schools, or 150 minutes per week, coordinated by a certified physical education specialist, beginning with the 2006-2007 school year for preschool through intermediate programs, 2007-2008 for middle school programs, and 2008-2009 for high school programs; create new sections of KRS Chapter 158 to prohibit, beginning with the 2006-2007 school year, a school from preparing or serving deep-fried foods in the cafeteria during the school day; require each school to publish a school menu that specifies nutritional information; require each school to limit access to no more than one day each week to retail fast foods in the cafeteria, whether sold by contract or commercial vendor; require each school district to appoint a food service director, but allow two or more contiguous districts to form one "school food service area" with only one food service director; require the food service director to obtain a school food service and nutrition specialist credential or the Level 2 certificate issued by the American School Food Service Association within three years; require 10 hours of continuing education to maintain the credential in applied nutrition and healthy meal planning and preparation; require the Department of Education to promulgate an administrative regulation to specify minimum nutritional standards for all foods and beverages sold outside the National School Breakfast and Lunch programs; define "competitive foods," "school day," and "school-day-appropriate beverage"; prohibit a school from selling competitive foods until 30 minutes after the last lunch-serving period; permit only school-day-appropriate beverages to be sold in elementary schools during the school day; require each school food service director to annually assess the school nutrition and physical activity environment and issue a written report to parents, the local school board, and site-based decision making councils; require the Department of Education to develop an assessment tool; require each school board to discuss the findings of the report and seek public comments; require, by January 31 of each year, the local board of education to hold an advertised public forum to present a plan to incorporate recommendations of the report; and require each school district to compile a summary of findings and recommendations and submit the summary to the Kentucky Board of Education.

SB 172 - AMENDMENTS


     SCS - Amend KRS 156.160 to require 30 minutes of physical activity each day in schools, or 150 minutes per week, coordinated by a certified physical education specialist, beginning with the 2006-2007 school year for preschool through intermediate programs, 2007-2008 for middle school programs, and 2008-2009 for high school programs; create new sections of KRS Chapter 158 to prohibit, beginning with the 2006-2007 school year, a school from preparing or serving deep-fried foods in the cafeteria during the school day; require each school to limit access to no more than one day each week to retail fast foods in the cafeteria, whether sold by contract or commercial vendor; require each school district to appoint a food service director, but allow two or more contiguous districts to form one "school food service area" with only one food service director; require the food service director to obtain a school food service and nutrition specialist credential or the Level 2 certificate issued by the American School Food Service Association within three years; require 8 clock hours of continuing education to maintain the credential in applied nutrition and healthy meal planning and preparation; require the Department of Education to promulgate an administrative regulation to specify minimum nutritional standards for all foods and beverages sold outside the National School Breakfast and Lunch programs; define "competitive foods," "school day," and "school-day-appropriate beverage"; prohibit a school from selling competitive foods from the time of arrival of the first student in the morning until 30 minutes after the last lunch-serving period; permit only school-day-appropriate beverages to be sold in elementary schools during the school day; require each school food service director to annually assess the school nutrition environment and issue a written report to parents, the local school board, and school-based decision making councils; require the Department of Education to develop an assessment tool; require each school board to discuss the findings of the report and seek public comments; require, by January 31 of each year, the local board of education to hold an advertised public forum to present a plan to improve school nutrition and physical activities in the district; require each school district to compile a summary of findings and recommendations and submit the summary to the Kentucky Board of Education.

     SCA (1, K. Winters) - Permit schools to use up to 30 minutes of the instructional day for recess time to provide students with physical activity; remove mandatory language regarding physical activity.

     SCA (2, A. Kerr) - Make technical correction.

     SFA (1, D. Kelly) - Retain original provisions, except delete the requirement for 30 minutes of daily physical activity for high school students.

     SFA (2, D. Kelly) - Retain original provisions, except delete the requirement for 30 minutes of daily physical activity for middle and high school students.

     SFA (3, D. Kelly) - Clarify that fundraisers may sell other items in addition to beverages.

     HCS - Delete original provisions; create a new section of KRS Chapter 158 to define "competitive food," "school-day-approved beverage," and "school day"; prohibit a school from selling, in vending machines, school stores, canteens, or fundraisers, during a school day certain chewing gum and water ices, food with more than 40% added sugar by weight, or items with more than 6 grams of fat per serving, except for seeds and nuts; prohibit a school from selling competitive foods through vending machines, school stores, canteens, or fundraisers until 30 minutes after the close of the last lunch period unless a waiver of this prohibition has been obtained from the Department of Education; permit a school to offer the a la carte sale in the cafeteria line those items that meet the United States Department of Agriculture standard for a breakfast or lunch component, except permit the sale of frozen desserts that have at least 25% real juice, yogurt, and dairy products; require that beverages sold in vending machines, school stores, canteens, or fundraisers to elementary school students during a school day be school-day-approved beverages; require during a school day that 75% of beverages offered in middle and high schools consist of school-day-approved beverages, except that the sale of beverages to students in competition with the School Breakfast Program and National School Lunch Program shall be prohibited during the school day until 30 minutes after the close of the last lunch serving period, unless a waiver is obtained from the Kentucky Board of Education; provide that the provisions relating to the sale of foods and beverages do not prohibit or limit the sale of any food or beverage to teachers, administrators, or other adult school employees in a separate area that is not accessible to students; begin the food and beverage requirements with the 2006-2007 school year; create a new section of KRS Chapter 159 to require each school district to appoint a food service director, although two or more contiguous districts may form one school food service area with only one food service director; require the food service director to obtain a school food service and nutrition specialist credential or the Level 2 certificate issued by the American School Food Service Association by July 30, 2008; require 10 hours of continuing education to maintain the credential; require school cafeteria managers to obtain at least two hours of continuing education each year in applied nutrition and healthy meal planning and preparation; amend KRS 156.160 to permit elementary schools to offer up to 30 minutes of recess time, to be considered part of the instructional day, for the purpose of providing students physical activity; require the Board of Education to report to LRC no later than November 1 on the number of schools providing physical activity in recess and on the types of physical activity being provided; specify penalties for violation of provisions relating to the sale of competitive foods and beverages; EMERGENCY.

     HCA (1/Title, T. Burch) - Make title amendment.

     HFA (1, T. Feeley) - Delay the requirement for physical activity in the preschool through intermediate programs until the 2008-09 school year; encourage the same schools to offer 30 minutes of physical activity in each school year before the 2008-09 school year; delete the requirement that the physical activity be coordinated by a certified physical education specialist in a school or school district; and clarify that the physical activity may be supervised by a classroom teacher in consultation with a certified physical education teacher.

     HFA (2, A. Arnold) - Retain original provisions except require, beginning in the 2005-2006 school year, that the weekly menus average no more than 30% fat, and no more than 10% of that fat shall be saturated fats, instead of prohibiting fried foods.

     HFA (3, J. Comer Jr) - Create a new section of KRS Chapter 158 to encourage schools to offer physical activity consistent with certain suggested guidelines; and delete the requirement for mandated physical activity in the 2006-07 school year.

     HFA (4, C. Siler) - Delete provisions relating to mandated physical activity beginning in 2006-07, and instead permit elementary schools to offer 30 minutes of recess time, to be considered part of the instructional day, for the purpose of providing physical activity to students; require the Department of Education to report to the Legislative Research Commission no later than November 1 each year on the number of schools that are providing physical activity during recess and on the types of physical activity being provided.

     HFA (5, C. Siler) - Retain original provisions except delete the prohibition against a school preparing or serving deep-fried foods and require that each school comply with the United States Department of Agriculture's Dietary Guidelines for Americans.

     HFA (6, J. Carr) - Delete provisions relating to mandated physical activity beginning in 2006-07, and instead permit elementary schools to offer 30 minutes of recess time, to be considered part of the instructional day, for the purpose of providing physical activity to students; require the Department of Education to report to the Legislative Research Commission no later than November 1 each year on the number of schools that are providing physical activity during recess and on the types of physical activity being provided.

     HFA (7, S. Lee) - Delete provision of optional physical activity in elementary schools, and require, beginning with 2006-07 school year, moderate to vigorous physical activity to be offered in the preschool through the high school program for at least 30 minutes each day, coordinated by a certified physical education specialist in a school or district; permit the activity to be completed through a combination of traditional classroom instruction, structured recess, and physical education; require regulation to specify model programming, alternative plans, and optional activities for integration of physical activity during the school day; encourage schools to consult with a certified physical education specialist in the development of a physical activity plan.

     HFA (8, S. Lee) - Delete provision of optional physical activity in elementary schools, and require, beginning with 2006-07 school year, moderate to vigorous physical activity to be offered in the preschool through the high school program for at least 60 minutes each day, coordinated by a certified physical education specialist in a school or district; permit the activity to be completed through a combination of traditional classroom instruction, structured recess, and physical education; require regulation to specify model programming, alternative plans, and optional activities for integration of physical activity during the school day; encourage schools to consult with a certified physical education specialist in the development of a physical activity plan.

     HFA (9, T. Pullin) - Retain original provisions except require each district or school food service area to have one person credentialed or certified as a food service and nutrition specialist within 3 years of the effective date of the Act and require at least 8 hours of continuing education on applied nutrition and healthy meal planning and preparation.

     CCR - Cannot agree.

     FCCR - Retain provisions of SB 172/GA, except amend KRS 156.160 to insert penalties for violations of provisions relating to the sale of competitive foods and beverages, with the fines reverting to the school district's food service fund; delete the physical activity provisions of SB 172/GA; delete provision prohibiting use of deep-fried foods; permit the person responsible for menu planning, as an alternative to the school food service director, to be credentialed; require 2 hours of continuing education for school cafeteria managers; permit schools to request a waiver of requirements established by the Department of Education in an administrative regulation that specifies minimum nutrition standards for foods and beverages sold outside the national school food and lunch programs, and exempt foods and beverages sold in fundraisers off school property from the requirements; amend KRS 160.345 to require each school council, or principal if there is no council, to develop and implement a wellness policy that includes moderate to vigorous physical activity; specify guidelines for the policy; require the Department of Education to report to LRC on how schools are providing the physical activity.

     Feb 9-introduced in Senate
     Feb 11-to Education (S)
     Feb 15-taken from committee; laid on clerk's desk; taken from clerk's desk; 1st reading, to Calendar
     Feb 16-2nd reading; returned to Education (S); reported favorably, to Rules with Committee Substitute, committee amendments (1) and (2); floor amendments (1) (2) and (3) filed to Committee Substitute
     Feb 17-posted for passage in the Regular Orders of the Day for Thursday, February 17, 2005; 3rd reading; committee amendment (1) defeated; floor amendment (1) withdrawn; passed 26-10 with Committee Substitute, committee amendment (2), floor amendments (2) and (3)
     Feb 18-received in House
     Feb 22-to Health and Welfare (H)
     Feb 23-posted in committee; posting waived
     Feb 24-reported favorably, 1st reading, to Calendar
     Feb 25-2nd reading, to Rules; floor amendment (1) filed
     Feb 28-floor amendments (2) (3) (4) (5) and (6) filed
     Mar 1-recommitted to Health and Welfare (H); reported favorably, to Rules with Committee Substitute, committee amendment (1-title)
     Mar 2-floor amendments (7) (8) and (9) filed to Committee Substitute; posted for passage in the Regular Orders of the Day for Thursday, March 3, 2005
     Mar 3-3rd reading; floor amendment (7) rejected; passed 87-6 with Committee Substitute; bill reconsidered; passed 70-0 with Committee Substitute, committee amendment (1-title)
     Mar 4-received in Senate
     Mar 8-posted for passage for concurrence in House Committee Substitute, committee amendment (1-title) on Tuesday, March 08, 2005; Senate refused to concur in House Committee Substitute, committee amendment (1-title); received in House; posted for passage for receding from House Committee Substitute, floor amendment (1); House refused to recede from Committee Substitute, committee amendment (1-title); Conference Committee appointed in House and Senate; Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate; Free Conference Committee report filed in House; Free Conference Committee report adopted in House; passed 63-23; Free Conference Committee report filed in Senate; Free Conference Committee report adopted in Senate; passed 23-7; enrolled, signed by each presiding officer; delivered to Governor
     Mar 16-signed by Governor (Acts ch. 84)


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