Amended in Senate April 8, 2014

Senate BillNo. 949


Introduced by Senator Jackson

February 6, 2014


An act to add Article 4 (commencing with Section 104670) to Chapter 2 of Part 3 of Division 103 of the Health and Safety Code, relating to nutrition.

LEGISLATIVE COUNSEL’S DIGEST

SB 949, as amended, Jackson. Nutrition: Distinguished After School Health Recognition Program.

Existing law, the Child Care and Development Services Act,begin delete is enacted for, among other purposes, the purpose of providingend deletebegin insert provides, among other things,end insert a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs.

This bill would establish the Distinguished After School Health (DASH) Recognition Program, to be administered by the State Department of Public Health, in consultation with the State Department of Education. The bill would require the department tobegin delete provide an application for, and issue a certificate to,end deletebegin insert develop a process whereby anend insert after schoolbegin delete programsend deletebegin insert programend insert, as defined,begin delete thatend deletebegin insert mayend insert self-certifybegin insert on the department’s Internet Web siteend insert that they meet prescribed requirements, including staff training on healthy eating and physical activity, providing healthy food and drinks to participants, and providing participants with physical activity and limited screen time.begin insert The bill would require the department to include in the self-certification process on the Internet Web site an option to create a certificate, using a template provided by the department, that includes specified information, including the manner in which the program meets the above requirements. end insert The certificate would be valid for one year and this bill would require the department to post a list ofbegin delete certificate holdersend deletebegin insert after school programs that have self-certifiedend insert on its Internet Web site.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

This act shall be known, and may be cited, as the
2Distinguished After School Health Recognition Program.

3

SEC. 2.  

The Legislature finds and declares all of the following:

4(a) Childhood obesity poses a serious threat to the children of
5our state and to their future.

6(b) According to the American Heart Association, 23.9 million
7children in America who are 2 to 19 years of age, inclusive, are
8overweight or obese and, of these children, more than one-half,
912.7 million, are obese.

10(c) In California one out of three childrenbegin delete areend deletebegin insert isend insert obese or
11overweight.

12(d) The medical and workforce consequences of childhood
13obesity also threaten the fiscal viability of our health care system
14and our economy if not addressed. California costs attributable to
15physical inactivity, obesity, and overweight in 2011 were estimated
16at $52.7 billion.

17(e) The after school provider community has the reach and
18opportunity to provide a healthy after school experience to over
191,500,000 children in the out-of-school time period. These numbers
20include 4,400 publicly funded after school programs in California,
21including After School Education and Safety Program (ASES) and
2221st Century Community Learning Centers (CCLC) programs that
23serve over 450,000 low-income students (K-12th grade) statewide,
24public and nonprofit after school programs, and 600,000 schoolage
25children in licensed childcare settings.

26

SEC. 3.  

Article 4 (commencing with Section 104670) is added
27to Chapter 2 of Part 3 of Division 103 of the Health and Safety
28Code
, to read:

 

P3    1Article 4.  Distinguished After School Health Recognition
2Program
3

 

4

104670.  

The Distinguished After School Health Recognition
5Program is hereby established, to be administered by the State
6Department of Public Health, in consultation with the State
7Department of Education, as appropriate.

8

104671.  

For purposes of this article, the following definitions
9shall apply:

10(a) “After school program” means After School Education and
11Safety Program (ASES), 21st Century High School After School
12Safety and Enrichment for Teens (High School ASSETs) program,
13and other qualified out-of-school time and licensed childcare
14programs conducted under Chapter 2 (commencing with Section
158200) of Part 6 of Division 1 of Title 1 of the Education Code that
16are outside of regular school hours, including before school and
17on weekends.

18(b) “DASH recognition program” means the Distinguished After
19School Health Recognition Program enacted pursuant to this article.

20(c) “Program attendee” means a person enrolled in an after
21school program.

22(d) “Screen time” meansbegin insert time spent working onend insert television,
23videos, computers, and hand-held devices, with or without Internet
24access.

begin delete
25

104672.  

(a) An after school program that meets all of the
26requirements of Section 104673 may apply to the department for
27certification under the DASH recognition program. The application
28shall include a description of the manner in which the after school
29program meets the criteria described in Section 104673. If an after
30school program consists of multiple sites, each physical site of the
31program that is seeking certification shall apply to the department.

32(b) The department shall, on its Internet Web site, provide an
33application form for an after school program to apply for a
34certificate under this article and include resources and links that
35an after school program may utilize to meet the requirements of
36this article.

end delete
begin insert
37

begin insert104672.end insert  

The department shall develop a process, to be
38administered on its Internet Web site, for an after school program
39to self-certify that it meets all of the criteria of this article.

end insert
P4    1

104673.  

Thebegin delete departmentend deletebegin insert process required by Section 104672end insert
2 shall providebegin insert an after school program with the option to createend insert a
3begin delete certificate pursuant to this article to an after school program that
4self-certifies, and providesend delete
begin insert certificate, using a template designed
5by the department, that includesend insert
a description demonstrating the
6manner in which the after school program meets, each of the
7following:

8(a) Each staff member of the after school program has received
9training on the standards of this article and the importance of
10modeling healthy eating and physical activity. Training shall be
11in accordance with the YMCA of the USA, the Center for
12Collaborative Solutions, A World Fit For Kids!, the National
13Institute on Out-of-School Time, or other similar programs.

14(b) The after school program provides regular and ongoing
15nutrition education to each program attendee to help the program
16attendee develop and practice healthy habits.

17(c) The after school program ensures that each program attendee
18participates, on a daily basis, in an average of 30 to 60 minutes of
19moderate to vigorous physical activity, consistent with Guidelines
207 and 8 of the California Department of Education’s California
21After School Physical Activity Guidelines, while the after school
22program is in session.

23(d) Screen time is limited during the operational hours of the
24after school program and is only allowed in connection with
25homework or an activity that engages program attendees in a
26physical activity or educational experience, consistent with the
27California After School Physical Activity Guidelines.

28(e) Healthy foods, including, but not limited to, fruits or
29vegetables, without added sugar, shall be served to program
30attendees as snacks on a daily basis. Fried foods, candy, or foods
31that are primarily sugar-based, high in sodium, or includebegin delete transfatsend delete
32begin insert trans fat end insertshall not be served to program attendees or consumed by
33staff during the program’s hours of operation. Snacks or meals
34provided pursuant to the After School Education and Safety
35Program (ASES), the 21st Century High School After School
36Safety and Enrichment for Teens (High School ASSETs) program,
37and the Child and Adult Care Food Program (CACFP) meal
38guidelines shall be deemed to meet this standard.

39(f) Program attendees shall be served water, low-fat or nonfat
40milk, or 100 percent fruit juice. A preference shall be given for
P5    1water. Safe and clean drinking water shall be available and
2accessible at all times to program attendees and staff. Milk and
3fruit juices shall not be served in quantities exceedingbegin delete sixend deletebegin insert eightend insert
4 ounces per day. Sugar-sweetened beverages shall not be served to
5program attendees and staff of the after school program shall not
6consume sugar-sweetened beverages at the program site.

begin insert

7(g) If the after school program is conducting a fundraiser during
8program hours, all of the following shall apply:

end insert
begin insert

9(1) Items sold shall be in compliance with the requirements
10specified in subdivisions (e) and (f).

end insert
begin insert

11(2) Sales shall be in compliance with the USDA Competitive
12Food Sales regulations.

end insert
begin insert

13(3) Sales shall not be scheduled during snack or meal service.

end insert
begin delete

31 14(g)

end delete

15begin insert(h)end insert If the after school program is located on a school site, the
16after school program communicates with the school regarding
17nutrition education and physical activity, as appropriate, to provide
18the program attendees with a complete educational experience.begin insert All
19activities shall also adhere to the school district’s wellness policy.end insert

begin delete

35 20(h)

end delete

21begin insert(i)end insert The after school program has implemented an educational
22program for parents of program attendees that provides the parents
23with nutrition and physical activity information relevant to the
24program and the health of their children.

begin delete

39 25(i)

end delete

26begin insert(j)end insert Information about the implementation of the requirements
27listed in subdivisions (a) tobegin delete (h)end deletebegin insert (end insertbegin insertj)end insert, inclusive, is available for review
28by a parent at both the physical location of the after school program
29and on the after school program’s Internet Web site, if there is one.

30

104674.  

A certificate issued under this article shall be valid
31for one calendar year. An after school program that wishes tobegin delete renew
32itsend delete
begin insert create a newend insert certificate for the subsequent year shall, by January
331 of that year,begin delete certify with the departmentend deletebegin insert self-certify on the
34department’s Internet Web site, pursuant to Section 104672,end insert
that
35the program continues tobegin delete meetend deletebegin insert followend insert the DASH recognition
36programbegin delete standards.end deletebegin insert criteria pursuant to Section 104673. A
37certificate issued pursuant to this article shall state that all
38information included in the certificate is provided by the after
39school program and is not verified by the department.end insert

P6    1

104675.  

The department shall maintain and update a list of
2after school programs thatbegin delete receive a certificateend deletebegin insert self-certifyend insert under
3the provisions of this article and shall post that list on its Internet
4Web site, including the date of self-certification for each after
5school program.

begin delete
6

104676.  

In implementing the provisions of this article, the
7department may consider developing gold, silver, and bronze levels
8of distinction.
9

end delete

CORRECTIONS:

Text--Page 5.




O

Corrected 4-11-14—See last page.     98