SENATE AMENDED
PRIOR PRINTER'S NOS. 189, 1643, 2277, PRINTER'S NO. 4464
3723
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, JUNE 30, 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.
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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
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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
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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:
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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
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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
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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
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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.
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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
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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.
16 (2) SUBSEQUENT REVIEWS OR REVISIONS OF THE NUTRITIONAL <--
17 GUIDELINEB MAY OCCUR AT THE DISCRETION OF THE LOCAL EDUCATION
18 AGENCY, BUT NOT LESS THAN ONCE EVERY FIVE YEARS.
19 (3) A LOCAL EDUCATION AGENCY TO WHICH 22 PA. CODE § 4.13
20 (RELATING TO STRATEGIC PLANS) APPLIES SHALL CONDUCT THE REVIEW
21 REQUIRED UNDER THIS SUBSECTION PRIOR TO THE SUBMISSION OF THE
22 STRATEGIC PLAN REQUIRED UNDER 22 PA.CODE § 4.13.
23 (B) THE NUTRITIONAL GUIDELINES MAY INCLUDE, BUT SHALL NOT BE
24 LIMITED TO:
25 (1) STANDARDS FOR SCHOOL MEALS AND FOODS OF MINIMAL
26 NUTRITIONAL VALUE BEYOND FEDERAL NUTRITIONAL SCHOOL FOOD
27 REGULATIONS.
28 (2) RESTRICTIONS ON THE SALE OF COMPETITIVE FOODS, INCLUDING
29 VENDING MACHINE SALES ON SCHOOL PROPERTY.
30 (C) THE NUTRITIONAL GUIDELINES MAY ENCOURAGE SKIM OR NONFAT
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1 MILK, BUT MAY NOT LIMIT THE VARIETY OF FLUID MILK SALES,
2 INCLUDING VARIOUS FAT CONTENT, FLAVOR OR LACTOSE-FREE OPTIONS
3 OFFERED BY THE SCHOOL ON SCHOOL PREMISES OR ANY SCHOOL-SPONSORED
4 EVENT.
5 (D) BEFORE ADOPTING NUTRITIONAL GUIDELINES, EACH LOCAL
6 EDUCATION AGENCY TO WHICH THIS SECTION APPLIES SHALL CONSIDER AS
7 A RESOURCE THE NUTRITIONAL STANDARDS FOR COMPETITIVE FOODS
8 DEVELOPED BY THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION 204
9 OF THE CHILD NUTRITION AND WIC REAUTHORIZATION ACT OF 2004
10 (PUBLIC LAW 108-265, 118 STAT. 729). THE IMPLEMENTATION OF THE <--
11 RECOMMENDED STANDARDS, IN WHOLE OR IN PART, ADOPTED AS A 1-, 2-
12 OR 3-YEAR PLAN, ENDING JULY 1, 2009, SHALL FULFILL THE
13 REQUIREMENTS UNDER SUBSECTION (A).
14 (E) FOR PURPOSES OF THIS SECTION, THE TERMS "SCHOOL" AND
15 "SCHOOL LUNCH PROGRAM" SHALL HAVE THE SAME MEANINGS AS GIVEN TO
16 THOSE TERMS IN SECTION 1337.1(D). THE TERM "LOCAL EDUCATION
17 AGENCY" SHALL HAVE THE MEANING AS GIVEN TO IT IN SECTION 220(C).
18 SECTION 2. SECTION 1402(A) OF THE ACT, AMENDED AUGUST 9,
19 1963 (P.L.642, NO.340), IS AMENDED TO READ:
20 SECTION 1402. HEALTH SERVICES.--(A) EACH CHILD OF SCHOOL
21 AGE SHALL BE GIVEN BY METHODS ESTABLISHED BY THE ADVISORY HEALTH
22 BOARD, (1) A VISION TEST BY A SCHOOL NURSE, MEDICAL TECHNICIAN
23 OR TEACHER, (2) A HEARING TEST BY A SCHOOL NURSE OR MEDICAL
24 TECHNICIAN, (3) A MEASUREMENT OF HEIGHT AND WEIGHT BY A SCHOOL
25 NURSE OR TEACHER, WHO SHALL USE THE MEASUREMENT TO COMPUTE A
26 CHILD'S WEIGHT-FOR-HEIGHT RATIO, (4) TESTS FOR TUBERCULOSIS
27 UNDER MEDICAL SUPERVISION, AND (5) SUCH OTHER TESTS AS THE
28 ADVISORY HEALTH BOARD MAY DEEM ADVISABLE TO PROTECT THE HEALTH
29 OF THE CHILD. VISION TESTS SHALL BE GIVEN AT LEAST ANNUALLY AND
30 OTHER TESTS AT INTERVALS ESTABLISHED BY THE ADVISORY HEALTH
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1 BOARD.
2 * * *
3 SECTION 3. SECTION 1422 OF THE ACT, AMENDED JANUARY 14, 1970
4 (1969 P.L.468, NO.192), IS AMENDED TO READ:
5 SECTION 1422. ADVISORY HEALTH COUNCILS.--DISTRICT
6 SUPERINTENDENTS MAY SET UP ADVISORY HEALTH COUNCILS TO STUDY
7 HEALTH NEEDS [AND TO], ASSIST IN ORGANIZING FOLLOW-UP PROGRAMS[.
8 AN] AND PROVIDE RECOMMENDATIONS ON THE DEVELOPMENT OF THE
9 NUTRITIONAL GUIDELINES FOR FOOD AND BEVERAGE SALES REQUIRED
10 UNDER SECTION 1337.2 AND ON THE DEVELOPMENT OF THE LOCAL
11 WELLNESS POLICY REQUIRED UNDER SECTION 1422.1. TO EVERY EXTENT
12 POSSIBLE, AN ADVISORY HEALTH COUNCIL SHALL BE COMPOSED OF
13 DISTRICT REPRESENTATIVES, INCLUDING A SCHOOL ADMINISTRATOR, A
14 STUDENT AND A SCHOOL FOOD SERVICE PROFESSIONAL, AND
15 REPRESENTATIVES OF THE MEDICAL AND DENTAL ASSOCIATIONS, SOCIAL
16 ORGANIZATIONS, [VETERANS' ORGANIZATIONS,] PARENT-TEACHER
17 ASSOCIATIONS, SERVICE CLUBS, PHYSICAL EDUCATION, HEALTH
18 EDUCATION, SCHOOL COUNSELING, SCHOOL PSYCHOLOGICAL AND SOCIAL
19 SERVICES, HEALTH AND WELLNESS PROFESSIONALS, INCLUDING A
20 CERTIFIED SCHOOL NURSE AND A LICENSED DIETITIAN, AND OTHER
21 FAMILY AND COMMUNITY ORGANIZATIONS IN THE AREA SERVED. THOSE
22 MAKING THE MEDICAL AND DENTAL EXAMINATIONS SHALL MAKE TO THIS
23 ADVISORY COUNCIL AN ANNUAL REPORT, AND LATER A REPORT ON THE
24 REMEDIAL WORK WHICH HAS BEEN ACCOMPLISHED DURING THE SCHOOL
25 YEAR.
26 SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
27 SECTION 1422.1. LOCAL WELLNESS POLICY.--(A) NOT LATER THAN
28 THE FIRST DAY OF THE SCHOOL YEAR BEGINNING AFTER JUNE 30, 2006,
29 EACH LOCAL EDUCATION AGENCY SHALL, PURSUANT TO SECTION 204 OF
30 THE CHILD NUTRITION AND WIC REAUTHORIZATION ACT OF 2004 (PUBLIC
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1 LAW 108-265, 118 STAT. 729), ESTABLISH A LOCAL WELLNESS POLICY
2 FOR SCHOOLS WITHIN THE LOCAL EDUCATION AGENCY.
3 (B) A LOCAL EDUCATION AGENCY TO WHICH 22 PA. CODE § 4.13
4 (RELATING TO STRATEGIC PLANS) APPLIES SHALL INCLUDE THE LOCAL
5 WELLNESS POLICY AS PART OF THE STRATEGIC PLAN REQUIRED UNDER 22
6 PA. CODE § 4.13.
7 (C) A LOCAL EDUCATION AGENCY MAY SUBMIT ITS LOCAL WELLNESS
8 POLICY OR INFORMATION ON OTHER INITIATIVES REGARDING CHILD
9 HEALTH, NUTRITION AND PHYSICAL EDUCATION TO THE DEPARTMENT OF
10 EDUCATION FOR INCLUSION IN THE CLEARINGHOUSE ESTABLISHED UNDER
11 SECTION 1422.3(3).
12 SECTION 1422.2. INTERAGENCY COORDINATING COUNCIL FOR CHILD
13 HEALTH AND NUTRITION, NUTRITION AND PHYSICAL EDUCATION.--(A) <--
14 THE SECRETARY OF EDUCATION, THE SECRETARY OF HEALTH AND THE
15 SECRETARY OF AGRICULTURE SHALL ESTABLISH AN INTERAGENCY
16 COORDINATING COUNCIL WHICH SHALL ANNUALLY REVIEW AND REVISE THE <--
17 PENNSYLVANIA NUTRITION AND ACTIVITY PLAN TO PREVENT OBESITY AND
18 RELATED CHRONIC DISEASES., REVISE AND PUBLISH A PENNSYLVANIA <--
19 CHILD WELLNESS PLAN TO PROMOTE CHILD HEALTH, NUTRITION AND
20 PHYSICAL EDUCATION. THE COUNCIL SHALL BE COMPOSED OF EMPLOYES OF
21 THE DEPARTMENT OF EDUCATION, THE DEPARTMENT OF HEALTH AND THE
22 DEPARTMENT OF AGRICULTURE. THE SECRETARY OF EDUCATION SHALL
23 APPOINT THE CHAIRMAN OF THE COUNCIL.
24 (B) THE SECRETARY OF EDUCATION SHALL ESTABLISH AN ADVISORY
25 COMMITTEE TO OFFER RECOMMENDATIONS TO THE COUNCIL. THE SECRETARY
26 SHALL APPOINT NO FEWER THAN EIGHT MEMBERS TO THE ADVISORY
27 COMMITTEE, WHO MAY INCLUDE EXPERTS FROM THE FIELDS OF HEALTH,
28 EDUCATION, RESEARCH, COMMUNITY DEVELOPMENT AND BUSINESS. THE
29 ADVISORY COMMITTEE SHALL MEET AT LEAST TWICE ANNUALLY.
30 (C) IN ITS ANNUAL REVIEW AND REVISION OF THE PENNSYLVANIA <--
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1 (C) IN THE INITIAL PUBLICATION OF THE PENNSYLVANIA CHILD <--
2 WELLNESS PLAN TO PROMOTE CHILD HEALTH, NUTRITION AND PHYSICAL
3 EDUCATION, THE COUNCIL SHALL INTEGRATE THE CONTENTS OF THE
4 PENNSYLVANIA NUTRITION AND ACTIVITY PLAN TO PREVENT OBESITY AND
5 RELATED CHRONIC DISEASES, THE COUNCIL SHALL REVISE THE PLAN TO <--
6 INCLUDE AND SHALL INCLUDE ADDITIONAL RECOMMENDATIONS REGARDING: <--
7 (1) NUTRITIONAL GUIDELINES FOR FOOD AND BEVERAGES SOLD IN
8 SCHOOLS.
9 (2) LOCAL WELLNESS POLICIES.
10 (3) PHYSICAL EDUCATION CURRICULUM.
11 (4) TEACHING ABOUT NUTRITION AND OBESITY.
12 (5) THE UTILIZATION OF ANY FEDERAL FUNDS IDENTIFIED BY THE
13 COUNCIL THAT MAY BE AVAILABLE TO LOCAL EDUCATION AGENCIES TO
14 ENHANCE INITIATIVES REGARDING CHILD HEALTH, NUTRITION, PHYSICAL
15 EDUCATION, LOCAL WELLNESS POLICIES AND ADVISORY HEALTH COUNCILS.
16 (6) A PROCESS THROUGH WHICH THE SECRETARY OF EDUCATION MAY
17 MONITOR AND EVALUATE ANY OUTCOMES THAT MAY RESULT FROM THE
18 IMPLEMENTATION OF INITIATIVES REGARDING CHILD HEALTH, NUTRITION,
19 PHYSICAL EDUCATION, LOCAL WELLNESS POLICIES AND ADVISORY HEALTH
20 COUNCILS.
21 (D) THE COUNCIL SHALL SUBMIT THE REVISED PLAN TO THE <--
22 SECRETARY OF EDUCATION, THE SECRETARY OF HEALTH AND THE
23 SECRETARY OF AGRICULTURE NO LATER THAN MAY 1, 2007, AND MAY 1 OF
24 EACH YEAR THEREAFTER. THE SECRETARY OF EDUCATION SHALL SUBMIT
25 THE FINAL REVISED PLAN TO THE GOVERNOR, THE PRESIDENT PRO <--
26 TEMPORE OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE
27 SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE MINORITY LEADER
28 OF THE HOUSE OF REPRESENTATIVES BY JUNE 1, 2007, AND JUNE 1 OF
29 EACH YEAR THEREAFTER. THE FINAL REVISED PLAN SHALL BE INCLUDED <--
30 ON THE DEPARTMENT OF EDUCATION'S, DEPARTMENT OF HEALTH'S AND
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1 DEPARTMENT OF AGRICULTURE'S INTERNET WEBSITES.
2 SECTION 1422.3. DUTIES OF DEPARTMENT OF EDUCATION.--THE
3 DEPARTMENT OF EDUCATION SHALL, IN ORDER TO PROMOTE INITIATIVES
4 REGARDING CHILD HEALTH, NUTRITION AND PHYSICAL EDUCATION:
5 (1) TO EVERY EXTENT POSSIBLE, INCLUDE PROGRAMS RELATED TO
6 CHILD HEALTH, NUTRITION AND PHYSICAL EDUCATION AS PART OF THE
7 CONTINUING PROFESSIONAL EDUCATION COURSES, PROGRAMS, ACTIVITIES
8 OR LEARNING EXPERIENCES REQUIRED UNDER SECTION 1205.2(F).
9 (2) COLLABORATE WITH THE DEPARTMENT OF HEALTH TO APPLY FOR
10 FEDERAL FUNDS RELATED TO COORDINATED SCHOOL HEALTH FUNDING TO
11 ENHANCE INITIATIVES REGARDING CHILD HEALTH, NUTRITION, PHYSICAL
12 EDUCATION, LOCAL WELLNESS POLICIES AND ADVISORY HEALTH COUNCILS.
13 (3) ESTABLISH A CLEARINGHOUSE OF WELLNESS POLICIES AND
14 INFORMATION REGARDING CHILD HEALTH, NUTRITION AND PHYSICAL
15 EDUCATION SUBMITTED TO THE DEPARTMENT BY LOCAL EDUCATION
16 AGENCIES PURSUANT TO SECTION 1422.1(C). SUCH INFORMATION SHALL
17 BE MADE AVAILABLE ON THE DEPARTMENT'S INTERNET WEBSITE.
18 (4) TO EVERY EXTENT POSSIBLE, MAINTAIN INFORMATION RELATED
19 TO TEACHING ABOUT NUTRITION AND OBESITY, WHICH INFORMATION SHALL
20 INCLUDE CONCEPTS OF HEALTHY EATING, INCLUDING NUTRIENT DENSITY
21 AND PORTION CONTROL, AND THE PHYSICAL, PSYCHOLOGICAL AND
22 NUTRITIONAL CAUSES OF OBESITY. SUCH INFORMATION SHALL BE MADE
23 AVAILABLE ON THE DEPARTMENT'S INTERNET WEBSITE.
24 SECTION 1512.1. PHYSICAL EDUCATION.--(A) THE BOARD OF <--
25 SCHOOL DIRECTORS IN EVERY SCHOOL DISTRICT SHALL ESTABLISH A
26 CURRICULUM ALIGNED WITH PENNSYLVANIA ACADEMIC STANDARDS ON <--
27 HEALTH, SAFETY AND PHYSICAL EDUCATION THAT, PURSUANT TO 22 PA.
28 CODE § 4.27 (RELATING TO PHYSICAL EDUCATION AND ATHLETICS),
29 REQUIRES PUPILS ENROLLED IN THE DISTRICT TO PARTICIPATE IN
30 PHYSICAL EDUCATION.
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1 (B) ANY PHYSICAL EDUCATION CURRICULUM ESTABLISHED UNDER THIS <--
2 SECTION SHALL INCLUDE SUITABLE ADAPTED PHYSICAL EDUCATION FOR
3 STUDENTS WHO ARE MEDICALLY UNABLE TO PARTICIPATE IN REGULAR
4 PHYSICAL EDUCATION INSTRUCTION OR ACTIVITIES.
5 SECTION 5. SECTION 1513 OF THE ACT IS AMENDED TO READ:
6 SECTION 1513. PHYSIOLOGY AND HYGIENE.--PHYSIOLOGY AND
7 HYGIENE, WHICH SHALL IN EACH DIVISION OF THE SUBJECT SO PURSUED
8 INCLUDE SPECIAL REFERENCE TO THE EFFECT OF ALCOHOLIC DRINKS,
9 STIMULANTS, AND NARCOTICS UPON THE HUMAN SYSTEM, AND WHICH SHALL
10 ALSO INCLUDE SPECIAL REFERENCE TO TUBERCULOSIS AND ITS
11 PREVENTION, AS WELL AS NUTRITION AND OBESITY, SHALL BE
12 INTRODUCED AND STUDIED AS A REGULAR BRANCH BY ALL PUPILS IN ALL
13 DEPARTMENTS OF THE PUBLIC SCHOOLS, AND IN ALL EDUCATIONAL
14 INSTITUTIONS SUPPORTED WHOLLY OR IN PART BY APPROPRIATIONS FROM
15 THIS COMMONWEALTH.
16 SECTION 6. THIS ACT SHALL TAKE EFFECT JULY 1, 2006, OR
17 IMMEDIATELY, WHICHEVER IS LATER.
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