Establishes the "healthy schools act"

Section 2 of the bill sets forth legislative findings.

Sections 3 and 4 of the bill amend Public Health Law §§ 2599-b and 2599-c to require DOH to: (1) develop media health promotion campaigns to communicate the positive correlation between health, physical activity and academic performance; (2) identify and promote best practices in communities to support healthful nutritional choices; (3) increase collaboration with community based nutrition and physical activity professionals, educators, and health care providers, including the state's Comprehensive Care Centers for Eating Disorders (CCCEDs), to present messages regarding healthy eating and physical activity and address the factors that contribute to eating disorders; (4) consult with SED and the Department of Agriculture and Markets to develop recommendations for nutritional and dietary standards for food and beverages available in elementary and secondary schools by May 31, 2009 and to review and revise such standards as necessary; and (5) provide training and technical assistance to schools in complying with nutritional standards, after consulting with the CCCEDs.

Section 5 of the bill adds a new Education Law § 305(42) to require SED to provide training and technical assistance to schools in complying with nutritional standards.

Section 6 of the bill amends Education Law § 915 to: (1) prohibit the sale of soda and candy in elementary and secondary schools at any time of day, with exceptions for foods and beverages made available at after school activities attended by both adults and children or sold after the last meal period of the day to raise funds for school activities, and for foods brought in from outside school for personal consumption or classroom celebrations; and (2) require SED, by December 31, 2009, to promulgate regulations based on nutritional and dietary standards recommended by DOH for all foods and beverages sold, served or offered on elementary and secondary school grounds during the regular or extended school day from all sources, including school cafeterias, school stores and vending machines. The regulations would not take effect before September 1, 2010. The regulations must set limits on cholesterol, sodium, fat, sugar, and calories and ban artificial trans fatty acids and must require that fruits and vegetables be offered, that at least half of grain products are whole grain products, and that entrees sold separately are nutritionally equivalent to entrees sold as part of school meals.

Section 6 also requires SED, in collaboration with DOH and the Department of Agriculture and Markets, to make an annual report, beginning no later than December 31, 2012, to the Governor and the Legislature on the impact of nutrition standards on the health of New York's students.

Section 7 of the bill adds a new Education Law § 918-a, requiring schools to develop local school wellness policies with the input of parents, students, school administrators, and others. The policies will address, among other things: (1) whether schools provide students with sufficient time to eat breakfast and lunch; (2) how to increase opportunities for physical activity during the day by requiring recess and improving compliance with physical education requirements; (3) ideas for healthy fundraising and classroom celebrations; and (4) whether and to what extent eating disorders should be addressed by staff training and school curricula. The wellness policies must be filed with SED annually, effective July 1, 2010, and must be made available to DOH on request.

Section 8 of the bill amends Education Law § 2854 to make charter schools subject to the provisions of Education Law §§ 915 and 918-a.

Section 9 of the bill adds a new Agriculture and Markets Law § 28 to require the Department of Agriculture and Markets to consult with DOH and SED in the establishment and review of nutritional and dietary standards for food and beverages available in elementary and secondary schools.

Section 10 of the bill constitutes a severability clause.

Section 11 of the bill provides that the bill takes effect immediately.

Existing law

Article 25 of the Public Health Law (§ 2599-a et seq.) establishes a childhood obesity program within DOH, designed to prevent and reduce obesity in children and adolescents.

The United States Department of Agriculture's nutrient standards require a minimum level of calories and key nutrients for specific age or grade groups for breakfast and lunch menus served by schools or districts that participate in any program authorized by the National School Lunch Program or the Child Nutrition Act of 1966. The standards require certain amounts of protein, iron, calcium and Vitamins A and C, and limit the percentage of total calories in a food item attributable to fat.

The federal Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265) included a provision requiring school districts to adopt local school wellness policies to promote healthy eating and encourage physical activity in schools.

Education Law § 803 provides that students in elementary and secondary schools who are over the age of eight must receive physical education under the direction of the Commissioner of Education as the Board of Regents may determine.

Education Law § 915 prohibits the sale of certain "sweetened foods" during certain times of the school day. From the beginning of the school day until the end of the last scheduled meal period, sweetened soda water, chewing gum, candy including hard candy, jellies, gums, marshmallow candies, fondant, licorice, spun candy and candy coated popcorn, and water ices (other than those which contain fruit or fruit juices) may not be sold in any public school within the State.

Education Law § 918 authorizes and encourages school districts to establish a "child nutrition advisory committee," including representatives of the school board, the food preparation staff, staff from school physical education departments, the school nurse or health staff, a registered dietitian, if available, teachers, parent teacher associations, students and parents and guardians. The statute encourages the committees to examine the district's nutritional policies, including vending machine sales, menu criteria, educational curriculum teaching healthy nutrition, educational information provided to parents or guardians regarding healthy nutrition and the health risks associated with obesity, opportunities offered to parents or guardians to encourage healthier eating habits to students, and staff training on healthy nutrition.

The Commissioner of Education's regulations at Part 135 of Title 8 of the New York State Codes Rules and Regulations require school districts to develop and implement physical education programs.

Legislative history

A similar Governor's Program Bill (A.8642/S.5942) was introduced during the 2007-08 legislative session. In addition, both the Senate and the Assembly passed different bills (S.5892 and A.8698) during the 2007-08 session that addressed some elements of the Governor's Program Bill. Further, the 2008-09 Executive Budget included a Healthy Schools proposal, which was not included in the enacted budget.

Statement in support

Recognizing the epidemic of obesity in children and other problems associated with poor nutrition and insufficient physical activity, this bill would create a healthier school environment for New York's children by requiring State agencies with expertise in childhood nutrition and education to establish nutritional standards for food and beverages sold, served or offered in New York's elementary and secondary schools. The bill also requires schools to consider ways to increase student physical activity, promote additional changes for healthier schools, and help students learn to make appropriate nutritional choices.

The bill requires DOH, in consultation with SED and the Department of Agriculture and Markets, to develop recommendations for nutritional and dietary standards for foods and beverages sold, served or offered in elementary and secondary schools. SED will be responsible for promulgating regulations based on the recommended standards. These regulations will apply to school districts, private schools that participate in any program authorized by the National School Lunch Program or the Child Nutrition Act of 1966, boards of cooperative educational services, charter schools and schools operating under Articles 83, 85, 87 and 88 of Education Law.

To ensure that healthy food is served both inside and outside the school cafeteria, the regulations would cover foods and beverages sold, served or offered by any source, including school stores, vending machines, and school cafeterias. If schools offer meals, they must: (1) offer a plant-based meat alternative and vegetables that are not fried at lunch, and fruit with no added sweeteners at both breakfast and lunch; (2) ensure that at least 50 percent of grain products offered over a school week are whole grain products; and (3) ensure that entrees sold separately from the school meal are the same as, or nutritionally comparable to, the entrees sold as part of the school meals. In addition, the bill prohibits the sale of candy, soda, gum and other sweetened foods in schools.

The regulations and other restrictions in the bill would not apply to items purchased off school grounds for personal consumption or for classroom activities or celebrations. Nor would the regulations apply to food and beverages sold, served or offered at after school activities attended by both adults and students, such as concerts or sporting events, or to items sold after the end of the last lunch period for the purpose of raising funds for school activities.

In addition to requiring development of nutritional and dietary standards for schools, the bill would require schools to consider other ways of creating a healthier school environment. Under federal law, school districts that seek reimbursement under the National School Lunch Program or the Child Nutrition Act of 1966 must establish local school wellness policies. This bill amplifies the federal provisions by requiring more districts to develop wellness policies and expanding the group of people involved in creating the policies to ensure wide community representation. It also builds on the work local communities are currently doing by including individuals that serve on school nutrition advisory committees established pursuant to Education Law § 918 and requiring local wellness policies to take into account any recommendations made by such committees.

Local school wellness policies must address a variety of child health issues related to the school environment. For example, policy developers must consider the fact that if children are not provided with sufficient time to eat, they are likely to make poor nutritional choices or to forgo eating at all, and that physical activity is important to a child's health. Based on local needs and circumstances, the policies will establish standards or directives to address these issues. Thus, for example, a local school wellness policy could establish minimum times for students to eat breakfast and lunch or require recess on days that students do not have a physical education class.

To increase accountability, the bill requires schools to file local school wellness policies with SED each year. In addition, the policies must be made available to DOH upon request to allow DOH to assist schools in creating a healthier environment.

Finally, the bill enhances DOH's responsibilities under the Childhood Obesity Prevention Program by requiring it to engage in media promotions, community programs and collaboration with various nutrition and physical education professionals, including the CCCEDs, all in an effort to improve nutrition for children and adolescents. DOH is also required to consult with the CCCEDs in developing its recommendations for nutritional and dietary standards and in providing training and technical assistance to schools.

Budget implications

There will be no fiscal impact to the State.

Effective date

The bill takes effect immediately.