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A bill to be entitled

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An act relating to school wellness and physical education

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policies; amending s. 1003.453, F.S.; revising each school

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district's requirement for reviewing its wellness and

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physical education policies; providing specific guidelines

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for a school district's wellness and physical education

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policies with regard to nutrition education, physical

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activity, school-based activities, and nutritional

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guidelines for food and beverages sold or served on

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campus; requiring the Department of Education to designate

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the superintendent of each school district as responsible

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for implementing and administering the wellness and

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physical education policies of the school district;

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prohibiting guidelines for reimbursable school meals from

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being less restrictive than certain federal regulations

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and guidelines; requiring the superintendent to report on

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the school district's compliance to the department;

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providing an effective date.

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     WHEREAS, the Legislature recognizes that good nutrition and

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regular physical activity affect the health and well-being of

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students who attend public school in this state, and

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     WHEREAS, research suggests that there is a positive

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correlation between a student's health and well-being and his or

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her ability to learn, and

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     WHEREAS, schools can play an important role in the

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developmental process by which students establish their health

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and nutrition habits by providing nutritious meals and snacks

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through the schools' meal programs, by supporting the development

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of good eating habits, and by promoting increased physical

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activity both in and out of school, and

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     WHEREAS, the Legislature finds that this effort to support

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the students' development of healthy behaviors and habits with

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regard to eating and exercise cannot be accomplished by public

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schools alone, and

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     WHEREAS, it is necessary for not only the staff, but also

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parents and the public at large to be involved in a community-

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wide effort to promote, support, and model such healthy behaviors

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and habits, NOW, THEREFORE,

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (1) of section 1003.453, Florida

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Statutes, is amended, and subsections (5), (6), (7), (8), and (9)

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are added to that section, to read:

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     1003.453  School wellness and physical education policies;

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nutrition guidelines.--

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     (1) By September 1, 2008 2006, each school district shall

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submit to the Department of Education a copy of its school

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wellness policy as required by the Child Nutrition and WIC

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Reauthorization Act of 2004 and a copy of its physical education

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policy required under s. 1003.455. Each school district shall

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annually review its school wellness policy and physical education

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policy and provide a procedure for public input and revisions. In

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addition, each school district shall send an updated copy of its

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wellness policy and physical education policy to the department

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when a change or revision is made.

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     (5) Each school district shall set the following wellness

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policy and physical education policy in an effort to enable

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students to establish good health and nutrition habits:

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     (a) With regard to nutrition education, each school

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district shall:

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     1. Include nutrition education in the health curriculum

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which is enjoyable and has activities that are developmentally

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appropriate and integrated throughout the year. Instruction shall

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be sequential and standard-based and shall provide students with

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the knowledge, attitudes, and skills necessary to lead healthy

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lives.

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     2. Extend nutrition education beyond the classroom by

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engaging and involving the school's food service staff and by

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using the school cafeteria as a "learning lab" that allows

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students to apply the knowledge, attitudes, and skills taught in

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the classroom when making choices at mealtime.

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     3. Extend nutrition education beyond the school by engaging

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and involving the students' families and the community.

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     4. Promote standards and benchmarks for nutrition education

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through a variety of media.

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     5. Inform all staff of and provide appropriate training to

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selected staff in the best practices of nutrition education.

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     (b) With regard to physical activity, each school district

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shall:

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     1. Provide a physical education curriculum that is aligned

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with the state standards and the standards of the National

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Association for Sport and Physical Education, inclusive, and that

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is sequentially planned in order to teach the knowledge, skills,

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and attitudes necessary to live an active, healthy life.

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     2. Provide 225 minutes of physical education per week for

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grades 6 through 8.

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     3. Require a mandatory recess for elementary schools of 15

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to 30 minutes which consists of physical activity on the days

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students do not have physical education class.

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     4. Offer opportunities for extracurricular activities and

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intramural programs that emphasize physical activities for

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students in grades 6 through 12.

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     5. Provide a curriculum that includes moderate to vigorous

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daily physical activity in kindergarten through grade 12 beyond

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the school day.

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     6. Provide families with information to encourage and

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assist them in their efforts to incorporate physical activity

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into their children's daily lives.

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     7. Encourage the establishment of community and business

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partnerships that institute programs supporting physical activity

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programs.

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     (c) With regard to other school-based activities, each

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school district shall:

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     1. Assist each school in establishing a wellness committee

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to help coordinate physical activity, nutrition, and other

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aspects of student and staff wellness. The wellness committee may

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include parents, students, teachers, a school nurse, physical

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education teachers, health teachers, career service

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representatives, or members of the school administration.

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     2. Provide resources for staff to improve their own

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personal health and wellness on site and provide incentives,

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including, but not limited to, a decrease in insurance premiums,

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bonuses, and teacher recognitions to enable staff to be good role

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models for the students in promoting student wellness.

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     3. Communicate to the parents students' information

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concerning nutrition education, the benefits of physical

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activity, and specific information concerning their children's

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health, including body mass index (BMI).

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     4. Assist schools in offering healthy options for food or

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beverages at fundraising activities, at school-sponsored events,

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and during field trips.

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     5. Mandate that schools use food or beverages that meet the

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recommended nutrition standards for purposes of snacks,

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celebrations, and rewards and to look for alternative methods for

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classroom make-up time and discipline other than those that deny

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students the opportunity to participate in recess or other

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physical activities.

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     6. Assist schools in providing at least 15 minutes for

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breakfast and at least 20 minutes for lunch from the time the

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students receive their food.

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     (d) With regard to nutrition guidelines for all foods

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available on campus during the school day, the school district

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shall:

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     1. Provide to all students affordable access to the varied

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and nutritious foods that they need in order to be healthy and to

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learn through each school's food service department.

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     2. Require that food and beverages sold or served to

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students meet the nutritional recommendations of the current

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Dietary Guidelines for Americans published by the United States

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Department of Agriculture and the Coalition for Healthy Kids.

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     3. Require that all foods available to students be served

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with consideration for promoting student health and well-being.

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     4. Require that the food service department prepare and

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distribute to staff, parents, and after-school program personnel

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a list of snack items that comply with the current Dietary

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Guidelines for Americans.

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     (e) All foods and beverages served or sold in each school

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district must meet the following specific guidelines that must be

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applied campus-wide:

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     1. Beverages:

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     a. Must be single-serving size, excluding milk and water.

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     b. May not be diet soda.

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     c. May not contain caffeine.

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     d. Must be listed in the school beverage guidelines

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provided by the American Beverage Association, excluding flavored

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milk, pending availability.

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     2. Foods in snack machines must:

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     a. Be limited to 250 calories per serving.

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     b. Have a limited amount of fat, 35 percent of the total

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calories, excluding nuts and seeds.

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     c. Contain no more than 10 percent of the total calories

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from saturated fats.

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     d. Have no more than 35 percent of the snack food's weight

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derived from sugars, excluding fruits and vegetables.

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     e. Contain no more than 250 mg of sodium per serving.

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     f. Not contain any trans fats.

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     3. Each school shall eliminate frying equipment from its

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kitchen.

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Parents and boosters are encouraged to follow these guidelines.

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     (6) The department shall designate the superintendent of

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each school district as the individual charged with operational

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responsibility for measuring and evaluating the school district's

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implementation and progress in implementing the policies

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specified in subsection (5). The superintendent shall develop

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administrative procedures necessary to implement and administer

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the policies specified in subsection (5).

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     (7) Guidelines for reimbursable school meals may not be

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less restrictive than regulations and guidelines issued by the

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United States Department of Agriculture.

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     (8) The superintendent of each school district shall report

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on the school district's compliance with the policies specified

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in subsection (5) and the progress toward achieving the goals set

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forth in these policies when requested to do so by the

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department.

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     (9) A review of each school district's wellness policy and

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physical education policy shall be conducted each year by a

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district wellness committee appointed by the superintendent which

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consists of one or more representatives from the school board,

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the administration, the food service department, the parents, the

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students, and the public. The committee shall provide the

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superintendent with any recommended changes to the policies

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specified in subsection (5).

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     Section 2.  This act shall take effect July 1, 2008.