Establishes the "healthy schools act"; repealer

Summary of specific provisions

This bill would require the State Education Department to promulgate, acting in consultation with the Commissioner of Health, regulations establishing nutritional and dietary standards for healthy school meals, snacks and beverages utilizing an extended comment period to be updated at least every five years. These regulations would take into consideration local or regional concerns of schools or school districts, and the needs of students at different ages and grade levels. These standards would not interfere with the special dietary needs of students in relation to health conditions, food allergies, dietary intolerance and religious mandates. These nutritional and dietary standards would apply to all public schools, nonpublic schools that participate in the National School Lunch or the Child Nutrition Act programs, boards of cooperative educational services (BOCES) and charter schools.

This bill would also require school districts, private schools that participate in the National School Lunch or the Child Nutrition Act programs, boards of cooperative educational services (BOCES) and charter schools to establish a local wellness policy, in addition to the applicable federal requirements, to comply with certain requirements.

This bill would also require school districts that participate in the federal school lunch program to establish a school breakfast program in all middle and high school facilities that are not subject to this requirement currently so that each student is afforded the opportunity to receive a free or paid breakfast.

This bill would also increase the State subsidy to school food authorities operating a breakfast and/or lunch program under the National School Lunch or the Child Nutrition Act programs by 15 cents per free and reduced meals beginning September 1, 2010 and would

provide a State subsidy for a reduced price breakfast and lunch in order to eliminate any cost to a student qualifying for a reduced price meal.

This bill would also require the Commissioner to conduct a physical education survey by February 1, 200E detailing statewide and regional compliance/non-compliance with physical education curriculum requirements and the condition of facilities or areas being used for physical education purposes. Also, this bill would modify aspects of the State's Childhood Obesity Prevention Program.

Justification

It is widely recognized that the selection of foods, snacks and beverages available to students in school settings should be as healthy, nutritious and accessible as possible. In achieving these goals, careful consideration should be given to the requirements imposed on schools, and the resulting fiscal and operational impacts.

This proposal strikes a balance between these considerations by requiring that schools adhere to nutritional and dietary standards, ensuring that statutory requirements are not prescriptive by allowing standards to be set through the regulatory process, providing appropriate exemptions, taking into consideration religious, medical and local needs, expanding the school breakfast program to the remaining schools not currently covered, increasing State reimbursements for free and reduced meals and eliminating the out of pocket expense to children eligible for a reduced price meal through a State subsidy.

Prior legislative history

A.8698 passed the Assembly in 2006.

Fiscal implications

The State would provide school food authorities an additional 15 cents per free and reduced price meal served. The additional 15 cents would equate to approximately $40 million in additional State reimbursements. This provision would become effective July 1, 2013.

The State would also provide approximately S9 million in funding to pay school food authorities the reduced price student's share. This provision becomes effective July 1, 2011,

Effective date

This bill would take effect July 1, 2010, However, the nutritional and dietary standards for meals would become effective September I, 2013 and September 1, 2011 for snacks and beverages.