PRINTER'S NO. 2100
No. 1753 Session of 1991
INTRODUCED BY BISHOP, GLADECK, SALOOM, OLIVER, KUKOVICH,
JOSEPHS, D. R. WRIGHT, DALEY, HARPER, KRUSZEWSKI, BELARDI,
STEELMAN AND MELIO, JUNE 25, 1991
REFERRED TO COMMITTEE ON EDUCATION, JUNE 25, 1991
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," further providing for the nonprofit
6 school food program.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1337 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended December 6, 1972 (P.L.1430, No.314), is amended to read:
12 Section 1337. Nonprofit School Food Program.--(a)
13 Definitions. For the purpose of this section--"school food
14 program" means a program under which food is served by any
15 school on a nonprofit basis to children in attendance, including
16 any such program under which a school receives assistance out of
17 funds appropriated by the Congress of the United States.
18 (b) Expenditure of Federal Funds. The Department of
19 Education is hereby authorized to accept and direct the
1 disbursement of funds appropriated by any act of Congress, and
2 apportioned to the State, for use in connection with school food
3 programs. The Department of Education shall deposit all such
4 funds received from the Federal Government in a special account
5 with the Treasurer of the State who shall make disbursements
6 therefrom upon the direction of the Department of Education.
7 (c) Administration of Program. The Department of Education
8 may enter into such agreements with any agency of the Federal
9 Government, with any board of school directors, or with any
10 other agency or person prescribe such regulations, employ such
11 personnel, and take such other action as it may deem necessary
12 to provide for the establishment, maintenance, operation and
13 expansion of any school food program, and to direct the
14 disbursement of Federal and State funds in accordance with any
15 applicable provisions of Federal or State law. Regulations under
16 this subsection shall require that any food sold in a machine
17 located on the premises of a school be on the list provided
18 under subsection (f). The Department of Education may give
19 technical advice and assistance to any board of school directors
20 in connection with the establishment and operation of any school
21 food program, and may assist in training personnel engaged in
22 the operation of such program. The Department of Education, and
23 any board of school directors, may accept any gift for use in
24 connection with any school food program.
25 (d) Boards of School Directors. Pursuant to any power of
26 boards of school directors to operate or provide for the
27 operation of school food programs in schools under their
28 jurisdiction, boards of school directors may use therefore funds
29 disbursed to them under the provisions of this section, gifts
30 and other funds, received from sale of school food under such
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1 programs.
2 (e) Accounts, Records, Reports and Operations. The
3 Department of Education shall prescribe regulations for the
4 keeping of accounts and records, and the making of reports by,
5 or under the supervision of boards of school directors. Such
6 accounts and records shall at all times be available for
7 inspection and audit by authorized officials, and shall be
8 preserved for such period of time, not in excess of five years,
9 as the Department of Education may lawfully prescribe. The
10 Department of Education shall conduct or cause to be conducted
11 such audits, inspections, and administrative reviews of
12 accounts, records, and operations with respect to school food
13 programs, as may be necessary to determine whether its
14 agreements with boards of school directors, and regulations made
15 pursuant to this section, are being complied with, and to insure
16 that school food programs are effectively administered.
17 (f) Studies, Appraisals and Reports to Governor. The
18 Department of Education is hereby authorized, to the extent that
19 funds are available for that purpose and in cooperation with
20 other appropriate agencies and organizations, to conduct studies
21 of methods of improving and expanding school food programs and
22 promoting nutritional education in the schools, to conduct
23 appraisals of the nutritive benefits of school food programs and
24 to report its findings and recommendations, from time to time,
25 to the Governor. Nutritive benefits of school food programs
26 shall be expanded to include the study of nonnutritional foods
27 sold in machines located on the premises of schools. The studies
28 shall be undertaken to determine whether nonnutritional foods
29 adversely affect children by contributing to a general
30 deterioration of their health or by contributing to discernable
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1 amounts of hyperactivity in the classrooms. The studies shall
2 provide a list of foods that supply a minimum of five (5) per
3 centum of the National Research Council's Recommended Daily
4 Dietary Allowances for protein, vitamin A, ascorbic acid,
5 niacin, riboflavin, thiamine, calcium and iron.
6 Section 2. This act shall take effect in 180 days.
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