SENATE AMENDED PRIOR PRINTER'S NOS. 189, 1643, 2277, PRINTER'S NO. 4510 3723, 4464
No. 185 Session of 2005
INTRODUCED BY STAIRS, CALTAGIRONE, CORNELL, CRAHALLA, CREIGHTON, DALEY, J. EVANS, GEIST, GEORGE, HERSHEY, KENNEY, LEACH, LEDERER, MANDERINO, McGILL, MELIO, PRESTON, REICHLEY, SEMMEL, E. Z. TAYLOR, WILT, YOUNGBLOOD, CAUSER, SURRA, DENLINGER, ALLEN, BELARDI, SIPTROTH, MCGEEHAN AND FLEAGLE, FEBRUARY 1, 2005
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 1, 2006
AN ACT 1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 2 act relating to the public school system, including certain 3 provisions applicable as well to private and parochial 4 schools; amending, revising, consolidating and changing the 5 laws relating thereto," providing for school district <-- 6 notification of residential development and for contracts for 7 competitive food or beverage contracts; further providing for 8 funding for charter schools, for cyber charter school 9 requirements and prohibitions and for enrollment and 10 notification; and providing for free and reduced-price school 11 lunches for certain students. COMPETITIVE FOOD OR BEVERAGE <-- 12 CONTRACTS AND FOR NUTRITIONAL GUIDELINES FOR FOOD AND 13 BEVERAGE SALES IN SCHOOLS; FURTHER PROVIDING FOR CERTAIN 14 HEALTH SERVICES AND FOR ADVISORY HEALTH COUNCILS; PROVIDING 15 FOR LOCAL WELLNESS POLICIES, FOR AN INTERAGENCY COORDINATING 16 COUNCIL FOR CHILD HEALTH AND NUTRITION, FOR DUTIES OF THE 17 DEPARTMENT OF EDUCATION AND FOR PHYSICAL EDUCATION; AND 18 FURTHER PROVIDING FOR PHYSIOLOGY AND HYGIENE. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <-- 22 as the Public School Code of 1949, is amended by adding an 23 article to read:
1 ARTICLE II-A 2 NOTIFICATION OF RESIDENTIAL DEVELOPMENT 3 Section 201-A. Definitions. 4 The following words and phrases when used in this article 5 shall have the meanings given to them in this section unless the 6 context clearly indicates otherwise: 7 "Applicant." A landowner or developer who has filed an 8 application for development with a governing body. The term 9 includes the landowner's or developer's heirs, successors and 10 assigns. 11 "Application for development." Every application, whether 12 preliminary, tentative or final, required by law or ordinance to 13 be filed and approved prior to start of construction or 14 development, including, but not limited to, an application for a 15 building permit, for the approval of a subdivision plat or plan 16 or for the approval of a residential development plan. 17 "Developer." Any landowner, agent of the landowner or tenant 18 with the permission of the landowner, who makes or causes to be 19 made a subdivision of land or a land development. 20 "Governing body." The council in cities, boroughs and 21 incorporated towns; the board of commissioners in townships of 22 the first class; the board of supervisors in townships of the 23 second class; the board of commissioners in counties; or as may 24 be designated in the law providing for the form of government. 25 "Landowner." The legal or beneficial owner or owners of 26 land, including the holder of an option or contract to purchase, 27 whether or not such option or contract is subject to any 28 condition, a lessee if the lessee is authorized under the lease 29 to exercise the rights of the landowner or other person having a 30 proprietary interest in land. 20050H0185B4510 - 2 -
1 "Planned residential development." An area of land, 2 controlled by a landowner, to be developed as a single entity 3 for a number of dwelling units, or combination of residential 4 and nonresidential uses, the development plan for which does not 5 correspond in lot size, bulk, type of dwelling, or use, density, 6 or intensity, lot coverage and required open space to the 7 regulations established in any one district created, from time 8 to time, under the provisions of a municipal zoning ordinance. 9 "Planning agency." A planning commission, planning 10 department or a planning committee of the governing body. 11 "Plat." The map or plan of a subdivision or land 12 development, whether preliminary or final. 13 "Residential development plan." The provisions for 14 residential development, including a planned residential 15 development, a plat of subdivision, all covenants relating to 16 use, location and bulk of buildings and other structures, 17 intensity of use or density of development, streets, ways and 18 parking facilities, common open space and public facilities. The 19 phrase "provisions for residential development" when used in 20 this section shall mean the written and graphic materials 21 referred to in this definition. 22 "School district." Includes school districts of all classes. 23 Section 202-A. Notification of subdivision and land development 24 in school districts. 25 An applicant shall send via certified mail return receipt 26 requested, within five days after filing with a governing body 27 or planning agency, a copy or summary of the application for 28 preliminary approval of a residential development plan to the 29 superintendent of the school district wherein the residential 30 development plan is proposed. A summary shall include, but not 20050H0185B4510 - 3 -
1 be limited to, the location of the development, the number and 2 types of units to be included in the development and the 3 proposed construction schedule of the development and where 4 required by local ordinance to be included in the application, 5 an economic assessment of the proposed development. The 6 applicant shall provide a copy of the return receipt to the 7 governing body showing compliance with this section. 8 Section 203-A. School district comments. 9 The school district may submit written comments, within 30 10 days after receipt of the copy or summary of the application, to 11 the governing body or planning agency that is considering the 12 residential development plan. If the governing body or planning 13 agency does not receive the written comments from the school 14 district within 30 days, the governing body or planning agency 15 shall proceed with consideration of the application. Nothing in 16 this section shall empower the school district with any 17 authority to approve or deny any application for approval of a 18 plat. 19 Section 2. The act is amended by adding a section to read: 20 Section 504.1. Competitive Food or Beverage Contracts.--(a) 21 Exclusive competitive food or beverage contracts may not be 22 entered into or renewed by the district or a school within the 23 district unless the board of the school district provides 24 reasonable public notice or holds a public hearing about the 25 contract. As used in this subsection, "reasonable public notice" 26 shall mean providing notice to all parents or guardians 27 utilizing normal school communication procedures at least 30 28 days prior to the school entering into an exclusive competitive 29 food or beverage contract. The notice must include guidance for 30 parents or guardians on how to offer public comment to the 20050H0185B4510 - 4 -
1 school regarding the contract. 2 (b) Contracts prohibiting a school district employe from 3 disparaging the goods or services of the party contracting with 4 the school board may not be entered into by any school board. 5 (c) Any contract entered into under this section may not 6 include a confidentiality clause prohibiting a school or school 7 district from making any part of the contract public. Contracts 8 entered into or renewed under this section shall be made 9 accessible to the public pursuant to section 2 of the act of 10 June 21, 1957 (P.L.390, No.212), referred to as the Right-to- 11 Know Law. 12 (d) The school board shall report to the parents and the 13 community the amounts and specific sources of funds received and 14 the nature of expenditures made from funds received from 15 competitive food or beverage contracts at a regularly scheduled 16 board meeting, a public hearing or on the district's Internet 17 website. 18 (e) Advertising, products or services on a nonexclusive 19 basis may be sold only with the approval of the school board. 20 (f) The school board may post signs publicly expressing the 21 district's appreciation of a business or person for their 22 support of the district's educational programs. 23 (g) As used in this section, the term "competitive food" 24 means any food or beverages offered or sold in competition with 25 reimbursable meals served under the National School Lunch or 26 School Breakfast Program. 27 Section 3. Section 1725-A(a) of the act, amended June 29, 28 2002 (P.L.524, No.88), is amended to read: 29 Section 1725-A. Funding for Charter Schools.--(a) Funding 30 for a charter school shall be provided in the following manner: 20050H0185B4510 - 5 -
1 (1) There shall be no tuition charge for a resident or 2 nonresident student attending a charter school except for 3 students at cyber charter schools who do not meet the residency 4 requirements of clause (2). 5 (2) For non-special education students, the charter school 6 shall receive for each student enrolled no less than the 7 budgeted total expenditure per average daily membership of the 8 prior school year, as defined in section 2501(20), minus the 9 budgeted expenditures of the district of residence for nonpublic 10 school programs; adult education programs; community/junior 11 college programs; student transportation services; for special 12 education programs; facilities acquisition, construction and 13 improvement services; and other financing uses, including debt 14 service and fund transfers as provided in the Manual of 15 Accounting and Related Financial Procedures for Pennsylvania 16 School Systems established by the department. This amount shall 17 be paid by the district of residence of each student. 18 Notwithstanding any other provision of law to the contrary, in 19 the case of cyber charter schools, for the purposes of this 20 clause a student is a resident of a school district only if both 21 of the following criteria are met: 22 (i) it is the school district in which his parents or the 23 guardian of his person resides; and 24 (ii) it is the school district in which the student sleeps 25 at least one hundred eighty-three (183) nights of the year 26 during which payment is made. 27 (3) For special education students, the charter school shall 28 receive for each student enrolled the same funding as for each 29 non-special education student as provided in clause (2), plus an 30 additional amount determined by dividing the district of 20050H0185B4510 - 6 -
1 residence's total special education expenditure by the product 2 of multiplying the combined percentage of section 2509.5(k) 3 times the district of residence's total average daily membership 4 for the prior school year. This amount shall be paid by the 5 district of residence of each student. 6 (4) A charter school may request the intermediate unit in 7 which the charter school is located to provide services to 8 assist the charter school to address the specific needs of 9 exceptional students. The intermediate unit shall assist the 10 charter school and bill the charter school for the services. The 11 intermediate unit may not charge the charter school more for any 12 service than it charges the constituent districts of the 13 intermediate unit. 14 (5) Payments shall be made to the charter school in twelve 15 (12) equal monthly payments, by the fifth day of each month, 16 within the operating school year. A student enrolled in a 17 charter school shall be included in the average daily membership 18 of the student's district of residence for the purpose of 19 providing basic education funding payments and special education 20 funding pursuant to Article XXV. If a school district fails to 21 make a payment to a charter school as prescribed in this clause, 22 the secretary shall deduct the estimated amount, as documented 23 by the charter school, from any and all State payments made to 24 the district after receipt of documentation from the charter 25 school. 26 (6) Within thirty (30) days after the secretary makes the 27 deduction described in clause (5), a school district may notify 28 the secretary that the deduction made from State payments to the 29 district under this subsection is inaccurate. The secretary 30 shall provide the school district with an opportunity to be 20050H0185B4510 - 7 -
1 heard concerning whether the charter school documented that its 2 students were enrolled in the charter school, the period of time 3 during which each student was enrolled, the school district of 4 residence of each student and whether the amounts deducted from 5 the school district were accurate. 6 * * * 7 Section 4. Section 1743-A of the act is amended by adding a 8 subsection to read: 9 Section 1743-A. Cyber charter school requirements and 10 prohibitions. 11 * * * 12 (a.1) Truancy.--In order to enroll a student, the school 13 district in which the student is a resident must certify to the 14 cyber charter school that the student is in compliance with 15 section 1327. 16 * * * 17 Section 5. Section 1748-A(a) of the act is amended by adding 18 a paragraph to read: 19 Section 1748-A. Enrollment and notification. 20 (a) Notice to school district.-- 21 * * * 22 (3) When a school district has received notice under 23 paragraph (1), the school district shall certify to the cyber 24 charter school whether the student is in compliance with 25 section 1327. 26 * * * 27 Section 6. The act is amended by adding a section to read: 28 Section 2505.2. Supplemental Funding for School Lunches.-- 29 Notwithstanding Federal funding of school lunches for 30 individuals who qualify for free or reduced-price lunches, there 20050H0185B4510 - 8 -
1 shall be a supplement from the General Fund annually to achieve 2 the following: 3 (1) Individuals who live at or under one hundred eighty-five 4 per centum (185%) of the Federal poverty guideline shall receive 5 free school lunch each school day. 6 (2) Individuals who live between one hundred eighty-five per 7 centum (185%) and two hundred fifty per centum (250%) of the 8 Federal poverty guideline shall receive school lunch each school 9 day at the reduced price specified under Federal guidelines. 10 Section 7. This act shall take effect as follows: 11 (1) The addition of section 504.1 of the act shall take 12 effect in 180 days. 13 (2) The remainder of this act shall take effect in 60 14 days. 15 SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN <-- 16 AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING SECTIONS 17 TO READ: 18 SECTION 504.1. COMPETITIVE FOOD OR BEVERAGE CONTRACTS.--(A) 19 (1) A BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT OR ANY OF 20 THE SCHOOLS UNDER ITS JURISDICTION SHALL NOT ENTER INTO AN 21 EXCLUSIVE COMPETITIVE FOOD OR BEVERAGE CONTRACT UNLESS THE BOARD 22 OF SCHOOL DIRECTORS PROVIDES REASONABLE PUBLIC NOTICE OR HOLDS A 23 PUBLIC HEARING ABOUT THE CONTRACT. 24 (2) AS USED IN THIS SUBSECTION, "REASONABLE PUBLIC NOTICE" 25 SHALL MEAN PROVIDING NOTICE TO PARENTS OR GUARDIANS UTILIZING 26 NORMAL SCHOOL COMMUNICATION PROCEDURES AT LEAST 30 DAYS PRIOR TO 27 THE BOARD OF SCHOOL DIRECTORS OR ANY OF THE SCHOOLS UNDER ITS 28 JURISDICTION ENTERING INTO AN EXCLUSIVE COMPETITIVE FOOD OR 29 BEVERAGE CONTRACT, WHICH NOTICE INCLUDES GUIDANCE FOR PARENTS OR 30 GUARDIANS ON HOW TO OFFER PUBLIC COMMENT REGARDING THE CONTRACT. 20050H0185B4510 - 9 -
1 (B) A BOARD OF SCHOOL DIRECTORS OR ANY OF THE SCHOOLS UNDER 2 ITS JURISDICTION SHALL NOT ENTER INTO ANY CONTRACT PROHIBITING A 3 SCHOOL DISTRICT EMPLOYE FROM DISPARAGING THE GOODS OR SERVICES 4 OF THE PARTY CONTRACTING WITH THE BOARD OF SCHOOL DIRECTORS OR 5 ANY OF THE SCHOOLS UNDER ITS JURISDICTION. 6 (C) (1) NO CONTRACT ENTERED INTO UNDER THIS SECTION MAY 7 INCLUDE A CONFIDENTIALITY CLAUSE PROHIBITING A BOARD OF SCHOOL 8 DIRECTORS OR ANY OF THE SCHOOLS UNDER ITS JURISDICTION FROM 9 MAKING ANY PART OF THE CONTRACT PUBLIC. 10 (2) A CONTRACT ENTERED INTO OR RENEWED UNDER THIS SECTION 11 SHALL BE MADE ACCESSIBLE TO THE PUBLIC PURSUANT TO SECTION 2 OF 12 THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE 13 RIGHT-TO-KNOW LAW. 14 (D) THE BOARD OF SCHOOL DIRECTORS SHALL REPORT THE AMOUNTS 15 AND SPECIFIC SOURCES OF FUNDS RECEIVED AND THE NATURE OF 16 EXPENDITURES MADE FROM FUNDS RECEIVED FROM A COMPETITIVE FOOD OR 17 BEVERAGE CONTRACT AT A REGULARLY SCHEDULED BOARD MEETING, A 18 PUBLIC HEARING OR ON THE SCHOOL DISTRICT'S INTERNET WEBSITE. 19 (E) THE BOARD OF SCHOOL DIRECTORS MAY POST SIGNS PUBLICLY 20 EXPRESSING THE SCHOOL DISTRICT'S APPRECIATION OF A BUSINESS OR 21 PERSON THAT SUPPORTS THE SCHOOL DISTRICT'S EDUCATIONAL PROGRAMS. 22 (F) AS USED IN THIS SECTION, THE TERM "COMPETITIVE FOOD OR 23 BEVERAGE" MEANS ANY FOOD OR BEVERAGES OFFERED OR SOLD IN 24 COMPETITION WITH REIMBURSABLE MEALS SERVED UNDER THE NATIONAL 25 SCHOOL LUNCH OR SCHOOL BREAKFAST PROGRAM. 26 SECTION 1337.2. NUTRITIONAL GUIDELINES FOR FOOD AND BEVERAGE 27 SALES IN SCHOOLS.--(A) (1) PRIOR TO THE COMMENCEMENT OF THE <-- 28 2006-2007 SCHOOL YEAR, EACH LOCAL EDUCATION AGENCY WITH A SCHOOL 29 THAT PARTICIPATES IN THE SCHOOL LUNCH PROGRAM SHALL REVIEW THE 30 NUTRITIONAL VALUE OF ALL FOODS AND BEVERAGES AVAILABLE DURING 20050H0185B4510 - 10 -
1 THE SCHOOL DAY AND ADOPT NUTRITIONAL GUIDELINES FOR ALL FOOD AND 2 BEVERAGES AVAILABLE DURING THE SCHOOL DAY. SALES IN SCHOOLS.-- <-- 3 (A) (1) PURSUANT TO SECTION 1422.1, EACH LOCAL EDUCATION 4 AGENCY WITH A SCHOOL THAT PARTICIPATES IN THE SCHOOL LUNCH 5 PROGRAM SHALL ADOPT A LOCAL WELLNESS POLICY THAT INCLUDES 6 NUTRITIONAL GUIDELINES FOR ALL COMPETITIVE FOODS AND BEVERAGES 7 SOLD DURING THE SCHOOL DAY. THE LOCAL WELLNESS POLICY SHALL 8 PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF NUTRITIONAL 9 GUIDELINES OVER A THREE-YEAR PHASE-IN PERIOD BEGINNING JULY 1, 10 2006, AND ENDING JULY 1, 2009, DURING WHICH TIME LOCAL EDUCATION 11 AGENCIES ARE ENCOURAGED TO INCREASE OVER TIME HIGHER NUTRITIONAL 12 GUIDELINES FOR COMPETITIVE FOOD AND BEVERAGES AND TO REVIEW THE 13 NUTRITIONAL VALUE OF ALL FOODS AND BEVERAGES AVAILABLE DURING 14 THE SCHOOL DAY TO ENSURE THAT THE MOST NUTRITIOUS FOOD AND 15 BEVERAGE CHOICES ARE AVAILABLE TO STUDENTS. THE NUTRITIONAL 16 GUIDELINES SHALL NOT APPLY TO FUNDRAISING EFFORTS APPROVED BY 17 SCHOOL DISTRICTS OR TO ACTIVITIES HELD AFTER REGULAR SCHOOL 18 HOURS. 19 (2) SUBSEQUENT REVIEWS OR REVISIONS OF THE NUTRITIONAL <-- 20 GUIDELINES MAY OCCUR AT THE DISCRETION OF THE LOCAL EDUCATION 21 AGENCY, BUT NOT LESS THAN ONCE EVERY FIVE YEARS. 22 (3) A LOCAL EDUCATION AGENCY TO WHICH 22 PA. CODE § 4.13 23 (RELATING TO STRATEGIC PLANS) APPLIES SHALL CONDUCT THE REVIEW 24 REQUIRED UNDER THIS SUBSECTION PRIOR TO THE SUBMISSION OF THE 25 STRATEGIC PLAN REQUIRED UNDER 22 PA.CODE § 4.13. 26 (B) THE NUTRITIONAL GUIDELINES MAY INCLUDE, BUT SHALL NOT BE 27 LIMITED TO: 28 (1) STANDARDS FOR SCHOOL MEALS AND FOODS OF MINIMAL 29 NUTRITIONAL VALUE BEYOND FEDERAL NUTRITIONAL SCHOOL FOOD 30 REGULATIONS. 20050H0185B4510 - 11 -
1 (2) RESTRICTIONS ON THE SALE OF COMPETITIVE FOODS, INCLUDING 2 VENDING MACHINE SALES ON SCHOOL PROPERTY. 3 (C) THE NUTRITIONAL GUIDELINES MAY ENCOURAGE SKIM OR NONFAT 4 MILK, BUT MAY NOT LIMIT THE VARIETY OF FLUID MILK SALES, 5 INCLUDING VARIOUS FAT CONTENT, FLAVOR OR LACTOSE-FREE OPTIONS 6 OFFERED BY THE SCHOOL ON SCHOOL PREMISES OR ANY SCHOOL-SPONSORED 7 EVENT. 8 (D) BEFORE ADOPTING NUTRITIONAL GUIDELINES, EACH LOCAL 9 EDUCATION AGENCY TO WHICH THIS SECTION APPLIES SHALL CONSIDER AS 10 A RESOURCE THE NUTRITIONAL STANDARDS FOR COMPETITIVE FOODS 11 DEVELOPED BY THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION 204 12 OF THE CHILD NUTRITION AND WIC REAUTHORIZATION ACT OF 2004 13 (PUBLIC LAW 108-265, 118 STAT. 729). THE IMPLEMENTATION OF THE <-- 14 RECOMMENDED STANDARDS, IN WHOLE OR IN PART, ADOPTED AS A 1-, 2- 15 OR 3-YEAR PLAN, ENDING JULY 1, 2009, SHALL FULFILL THE 16 REQUIREMENTS UNDER SUBSECTION (A). 17 (E) FOR PURPOSES OF THIS SECTION, THE TERMS "SCHOOL" AND 18 "SCHOOL LUNCH PROGRAM" SHALL HAVE THE SAME MEANINGS AS GIVEN TO 19 THOSE TERMS IN SECTION 1337.1(D). THE TERM "LOCAL EDUCATION 20 AGENCY" SHALL HAVE THE MEANING AS GIVEN TO IT IN SECTION 220(C). 21 SECTION 2. SECTION 1402(A) OF THE ACT, AMENDED AUGUST 9, 22 1963 (P.L.642, NO.340), IS AMENDED TO READ: 23 SECTION 1402. HEALTH SERVICES.--(A) EACH CHILD OF SCHOOL 24 AGE SHALL BE GIVEN BY METHODS ESTABLISHED BY THE ADVISORY HEALTH 25 BOARD, (1) A VISION TEST BY A SCHOOL NURSE, MEDICAL TECHNICIAN 26 OR TEACHER, (2) A HEARING TEST BY A SCHOOL NURSE OR MEDICAL 27 TECHNICIAN, (3) A MEASUREMENT OF HEIGHT AND WEIGHT BY A SCHOOL 28 NURSE OR TEACHER, WHO SHALL USE THE MEASUREMENT TO COMPUTE A 29 CHILD'S WEIGHT-FOR-HEIGHT RATIO, (4) TESTS FOR TUBERCULOSIS 30 UNDER MEDICAL SUPERVISION, AND (5) SUCH OTHER TESTS AS THE 20050H0185B4510 - 12 -
1 ADVISORY HEALTH BOARD MAY DEEM ADVISABLE TO PROTECT THE HEALTH 2 OF THE CHILD. VISION TESTS SHALL BE GIVEN AT LEAST ANNUALLY AND 3 OTHER TESTS AT INTERVALS ESTABLISHED BY THE ADVISORY HEALTH 4 BOARD. 5 * * * 6 SECTION 3. SECTION 1422 OF THE ACT, AMENDED JANUARY 14, 1970 7 (1969 P.L.468, NO.192), IS AMENDED TO READ: 8 SECTION 1422. ADVISORY HEALTH COUNCILS.--DISTRICT 9 SUPERINTENDENTS MAY SET UP ADVISORY HEALTH COUNCILS TO STUDY 10 HEALTH NEEDS [AND TO], ASSIST IN ORGANIZING FOLLOW-UP PROGRAMS[. 11 AN] AND PROVIDE RECOMMENDATIONS ON THE DEVELOPMENT OF THE 12 NUTRITIONAL GUIDELINES FOR FOOD AND BEVERAGE SALES REQUIRED 13 UNDER SECTION 1337.2 AND ON THE DEVELOPMENT OF THE LOCAL 14 WELLNESS POLICY REQUIRED UNDER SECTION 1422.1. TO EVERY EXTENT 15 POSSIBLE, AN ADVISORY HEALTH COUNCIL SHALL BE COMPOSED OF 16 DISTRICT REPRESENTATIVES, INCLUDING A SCHOOL ADMINISTRATOR, A 17 STUDENT AND A SCHOOL FOOD SERVICE PROFESSIONAL, AND 18 REPRESENTATIVES OF THE MEDICAL AND DENTAL ASSOCIATIONS, SOCIAL 19 ORGANIZATIONS, [VETERANS' ORGANIZATIONS,] PARENT-TEACHER 20 ASSOCIATIONS, SERVICE CLUBS, PHYSICAL EDUCATION, HEALTH 21 EDUCATION, SCHOOL COUNSELING, SCHOOL PSYCHOLOGICAL AND SOCIAL 22 SERVICES, HEALTH AND WELLNESS PROFESSIONALS, INCLUDING A 23 CERTIFIED SCHOOL NURSE AND A LICENSED DIETITIAN, AND OTHER 24 FAMILY AND COMMUNITY ORGANIZATIONS IN THE AREA SERVED. THOSE 25 MAKING THE MEDICAL AND DENTAL EXAMINATIONS SHALL MAKE TO THIS 26 ADVISORY COUNCIL AN ANNUAL REPORT, AND LATER A REPORT ON THE 27 REMEDIAL WORK WHICH HAS BEEN ACCOMPLISHED DURING THE SCHOOL 28 YEAR. 29 SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: 30 SECTION 1422.1. LOCAL WELLNESS POLICY.--(A) NOT LATER THAN 20050H0185B4510 - 13 -
1 THE FIRST DAY OF THE SCHOOL YEAR BEGINNING AFTER JUNE 30, 2006, 2 EACH LOCAL EDUCATION AGENCY SHALL, PURSUANT TO SECTION 204 OF 3 THE CHILD NUTRITION AND WIC REAUTHORIZATION ACT OF 2004 (PUBLIC 4 LAW 108-265, 118 STAT. 729), ESTABLISH A LOCAL WELLNESS POLICY 5 FOR SCHOOLS WITHIN THE LOCAL EDUCATION AGENCY. 6 (B) A LOCAL EDUCATION AGENCY TO WHICH 22 PA. CODE § 4.13 7 (RELATING TO STRATEGIC PLANS) APPLIES SHALL INCLUDE THE LOCAL 8 WELLNESS POLICY AS PART OF THE STRATEGIC PLAN REQUIRED UNDER 22 9 PA. CODE § 4.13. 10 (C) A LOCAL EDUCATION AGENCY MAY SUBMIT ITS LOCAL WELLNESS 11 POLICY OR INFORMATION ON OTHER INITIATIVES REGARDING CHILD 12 HEALTH, NUTRITION AND PHYSICAL EDUCATION TO THE DEPARTMENT OF 13 EDUCATION FOR INCLUSION IN THE CLEARINGHOUSE ESTABLISHED UNDER 14 SECTION 1422.3(3). 15 SECTION 1422.2. INTERAGENCY COORDINATING COUNCIL FOR CHILD 16 HEALTH AND NUTRITION, NUTRITION AND PHYSICAL EDUCATION.--(A) <-- 17 THE SECRETARY OF EDUCATION, THE SECRETARY OF HEALTH AND THE 18 SECRETARY OF AGRICULTURE SHALL ESTABLISH AN INTERAGENCY 19 COORDINATING COUNCIL WHICH SHALL ANNUALLY REVIEW AND REVISE THE <-- 20 PENNSYLVANIA NUTRITION AND ACTIVITY PLAN TO PREVENT OBESITY AND 21 RELATED CHRONIC DISEASES., REVISE AND PUBLISH A PENNSYLVANIA <-- 22 CHILD WELLNESS PLAN TO PROMOTE CHILD HEALTH, NUTRITION AND 23 PHYSICAL EDUCATION. THE COUNCIL SHALL BE COMPOSED OF EMPLOYES OF 24 THE DEPARTMENT OF EDUCATION, THE DEPARTMENT OF HEALTH AND THE 25 DEPARTMENT OF AGRICULTURE. THE SECRETARY OF EDUCATION SHALL 26 APPOINT THE CHAIRMAN OF THE COUNCIL. 27 (B) THE SECRETARY OF EDUCATION SHALL ESTABLISH AN ADVISORY 28 COMMITTEE TO OFFER RECOMMENDATIONS TO THE COUNCIL. THE SECRETARY 29 SHALL APPOINT NO FEWER THAN EIGHT MEMBERS TO THE ADVISORY 30 COMMITTEE, WHO MAY INCLUDE EXPERTS FROM THE FIELDS OF HEALTH, 20050H0185B4510 - 14 -
1 EDUCATION, RESEARCH, COMMUNITY DEVELOPMENT AND BUSINESS. THE 2 ADVISORY COMMITTEE SHALL MEET AT LEAST TWICE ANNUALLY. 3 (C) IN ITS ANNUAL REVIEW AND REVISION OF THE PENNSYLVANIA <-- 4 (C) IN THE INITIAL PUBLICATION OF THE PENNSYLVANIA CHILD <-- 5 WELLNESS PLAN TO PROMOTE CHILD HEALTH, NUTRITION AND PHYSICAL 6 EDUCATION, THE COUNCIL SHALL INTEGRATE THE CONTENTS OF THE 7 PENNSYLVANIA NUTRITION AND ACTIVITY PLAN TO PREVENT OBESITY AND 8 RELATED CHRONIC DISEASES, THE COUNCIL SHALL REVISE THE PLAN TO <-- 9 INCLUDE AND SHALL INCLUDE ADDITIONAL RECOMMENDATIONS REGARDING: <-- 10 (1) NUTRITIONAL GUIDELINES FOR FOOD AND BEVERAGES SOLD IN 11 SCHOOLS. 12 (2) LOCAL WELLNESS POLICIES. 13 (3) PHYSICAL EDUCATION CURRICULUM. 14 (4) TEACHING ABOUT NUTRITION AND OBESITY. 15 (5) THE UTILIZATION OF ANY FEDERAL FUNDS IDENTIFIED BY THE 16 COUNCIL THAT MAY BE AVAILABLE TO LOCAL EDUCATION AGENCIES TO 17 ENHANCE INITIATIVES REGARDING CHILD HEALTH, NUTRITION, PHYSICAL 18 EDUCATION, LOCAL WELLNESS POLICIES AND ADVISORY HEALTH COUNCILS. 19 (6) A PROCESS THROUGH WHICH THE SECRETARY OF EDUCATION MAY 20 MONITOR AND EVALUATE ANY OUTCOMES THAT MAY RESULT FROM THE 21 IMPLEMENTATION OF INITIATIVES REGARDING CHILD HEALTH, NUTRITION, 22 PHYSICAL EDUCATION, LOCAL WELLNESS POLICIES AND ADVISORY HEALTH 23 COUNCILS. 24 (D) THE COUNCIL SHALL SUBMIT THE REVISED PLAN TO THE <-- 25 SECRETARY OF EDUCATION, THE SECRETARY OF HEALTH AND THE 26 SECRETARY OF AGRICULTURE NO LATER THAN MAY 1, 2007, AND MAY 1 OF 27 EACH YEAR THEREAFTER. THE SECRETARY OF EDUCATION SHALL SUBMIT 28 THE FINAL REVISED PLAN TO THE GOVERNOR, THE PRESIDENT PRO <-- 29 TEMPORE OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE 30 SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE MINORITY LEADER 20050H0185B4510 - 15 -
1 OF THE HOUSE OF REPRESENTATIVES BY JUNE 1, 2007, AND JUNE 1 OF 2 EACH YEAR THEREAFTER. THE FINAL REVISED PLAN SHALL BE INCLUDED <-- 3 ON THE DEPARTMENT OF EDUCATION'S, DEPARTMENT OF HEALTH'S AND 4 DEPARTMENT OF AGRICULTURE'S INTERNET WEBSITES. 5 SECTION 1422.3. DUTIES OF DEPARTMENT OF EDUCATION.--THE 6 DEPARTMENT OF EDUCATION SHALL, IN ORDER TO PROMOTE INITIATIVES 7 REGARDING CHILD HEALTH, NUTRITION AND PHYSICAL EDUCATION: 8 (1) TO EVERY EXTENT POSSIBLE, INCLUDE PROGRAMS RELATED TO 9 CHILD HEALTH, NUTRITION AND PHYSICAL EDUCATION AS PART OF THE 10 CONTINUING PROFESSIONAL EDUCATION COURSES, PROGRAMS, ACTIVITIES 11 OR LEARNING EXPERIENCES REQUIRED UNDER SECTION 1205.2(F). 12 (2) COLLABORATE WITH THE DEPARTMENT OF HEALTH TO APPLY FOR 13 FEDERAL FUNDS RELATED TO COORDINATED SCHOOL HEALTH FUNDING TO 14 ENHANCE INITIATIVES REGARDING CHILD HEALTH, NUTRITION, PHYSICAL 15 EDUCATION, LOCAL WELLNESS POLICIES AND ADVISORY HEALTH COUNCILS. 16 (3) ESTABLISH A CLEARINGHOUSE OF WELLNESS POLICIES AND 17 INFORMATION REGARDING CHILD HEALTH, NUTRITION AND PHYSICAL 18 EDUCATION SUBMITTED TO THE DEPARTMENT BY LOCAL EDUCATION 19 AGENCIES PURSUANT TO SECTION 1422.1(C). SUCH INFORMATION SHALL 20 BE MADE AVAILABLE ON THE DEPARTMENT'S INTERNET WEBSITE. 21 (4) TO EVERY EXTENT POSSIBLE, MAINTAIN INFORMATION RELATED 22 TO TEACHING ABOUT NUTRITION AND OBESITY, WHICH INFORMATION SHALL 23 INCLUDE CONCEPTS OF HEALTHY EATING, INCLUDING NUTRIENT DENSITY 24 AND PORTION CONTROL, AND THE PHYSICAL, PSYCHOLOGICAL AND 25 NUTRITIONAL CAUSES OF OBESITY. SUCH INFORMATION SHALL BE MADE 26 AVAILABLE ON THE DEPARTMENT'S INTERNET WEBSITE. 27 SECTION 1512.1. PHYSICAL EDUCATION.--(A) THE BOARD OF <-- 28 SCHOOL DIRECTORS IN EVERY SCHOOL DISTRICT SHALL ESTABLISH A 29 CURRICULUM ALIGNED WITH PENNSYLVANIA ACADEMIC STANDARDS ON <-- 30 HEALTH, SAFETY AND PHYSICAL EDUCATION THAT, PURSUANT TO 22 PA. 20050H0185B4510 - 16 -
1 CODE § 4.27 (RELATING TO PHYSICAL EDUCATION AND ATHLETICS), 2 REQUIRES PUPILS ENROLLED IN THE DISTRICT TO PARTICIPATE IN 3 PHYSICAL EDUCATION. 4 (B) ANY PHYSICAL EDUCATION CURRICULUM ESTABLISHED UNDER THIS <-- 5 SECTION SHALL INCLUDE SUITABLE ADAPTED PHYSICAL EDUCATION FOR 6 STUDENTS WHO ARE MEDICALLY UNABLE TO PARTICIPATE IN REGULAR 7 PHYSICAL EDUCATION INSTRUCTION OR ACTIVITIES. 8 SECTION 5. SECTION 1513 OF THE ACT IS AMENDED TO READ: 9 SECTION 1513. PHYSIOLOGY AND HYGIENE.--PHYSIOLOGY AND 10 HYGIENE, WHICH SHALL IN EACH DIVISION OF THE SUBJECT SO PURSUED 11 INCLUDE SPECIAL REFERENCE TO THE EFFECT OF ALCOHOLIC DRINKS, 12 STIMULANTS, AND NARCOTICS UPON THE HUMAN SYSTEM, AND WHICH SHALL 13 ALSO INCLUDE SPECIAL REFERENCE TO TUBERCULOSIS AND ITS 14 PREVENTION, AS WELL AS NUTRITION AND OBESITY, SHALL BE 15 INTRODUCED AND STUDIED AS A REGULAR BRANCH BY ALL PUPILS IN ALL 16 DEPARTMENTS OF THE PUBLIC SCHOOLS, AND IN ALL EDUCATIONAL 17 INSTITUTIONS SUPPORTED WHOLLY OR IN PART BY APPROPRIATIONS FROM 18 THIS COMMONWEALTH. 19 SECTION 6. THIS ACT SHALL TAKE EFFECT JULY 1, 2006, OR 20 IMMEDIATELY, WHICHEVER IS LATER. L22L24SFL/20050H0185B4510 - 17 -