BILL NUMBER: SB 949 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 8, 2014
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,
is enacted for, among other purposes, the purpose of
providing provides, among other things, 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 to
provide an application for, and issue a certificate to,
develop a process whereby an after school
programs program , as defined,
that may self-certify on the department's
Internet Web site 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. 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. The
certificate would be valid for one year and this bill would require
the department to post a list of certificate holders
after school programs that have self-certified
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:
SECTION 1. This act shall be known, and may be cited, as the
Distinguished After School Health Recognition Program.
SEC. 2. The Legislature finds and declares all of the following:
(a) Childhood obesity poses a serious threat to the children of
our state and to their future.
(b) According to the American Heart Association, 23.9 million
children in America who are 2 to 19 years of age, inclusive, are
overweight or obese and, of these children, more than one-half, 12.7
million, are obese.
(c) In California one out of three children are
is obese or overweight.
(d) The medical and workforce consequences of childhood obesity
also threaten the fiscal viability of our health care system and our
economy if not addressed. California costs attributable to physical
inactivity, obesity, and overweight in 2011 were estimated at $52.7
billion.
(e) The after school provider community has the reach and
opportunity to provide a healthy after school experience to over
1,500,000 children in the out-of-school time period. These numbers
include 4,400 publicly funded after school programs in California,
including After School Education and Safety Program (ASES) and 21st
Century Community Learning Centers (CCLC) programs that serve over
450,000 low-income students (K-12th grade) statewide, public and
nonprofit after school programs, and 600,000 schoolage children in
licensed childcare settings.
SEC. 3. Article 4 (commencing with Section 104670) is added to
Chapter 2 of Part 3 of Division 103 of the Health and Safety Code, to
read:
Article 4. Distinguished After School Health Recognition
Program
104670. The Distinguished After School Health Recognition Program
is hereby established, to be administered by the State Department of
Public Health, in consultation with the State Department of
Education, as appropriate.
104671. For purposes of this article, the following definitions
shall apply:
(a) "After school program" means After School Education and Safety
Program (ASES), 21st Century High School After School Safety and
Enrichment for Teens (High School ASSETs) program, and other
qualified out-of-school time and licensed childcare programs
conducted under Chapter 2 (commencing with Section 8200) of Part 6 of
Division 1 of Title 1 of the Education Code that are outside of
regular school hours, including before school and on weekends.
(b) "DASH recognition program" means the Distinguished After
School Health Recognition Program enacted pursuant to this article.
(c) "Program attendee" means a person enrolled in an after school
program.
(d) "Screen time" means time spent working on
television, videos, computers, and hand-held devices, with or without
Internet access.
104672. (a) An after school program that meets all of the
requirements of Section 104673 may apply to the department for
certification under the DASH recognition program. The application
shall include a description of the manner in which the after school
program meets the criteria described in Section 104673. If an after
school program consists of multiple sites, each physical site of the
program that is seeking certification shall apply to the department.
(b) The department shall, on its Internet Web site, provide an
application form for an after school program to apply for a
certificate under this article and include resources and links that
an after school program may utilize to meet the requirements of this
article.
104672. The department shall develop a process, to be
administered on its Internet Web site, for an after school program to
self-certify that it meets all of the criteria of this article.
104673. The department process required
by Section 104672 shall provide an after school program
with the option to create a certificate pursuant to
this article to an after school program that self-certifies, and
provides certificate, using a template designed by the
department, that includes a description demonstrating the
manner in which the after school program meets, each of the
following:
(a) Each staff member of the after school program has received
training on the standards of this article and the importance of
modeling healthy eating and physical activity. Training shall be in
accordance with the YMCA of the USA, the Center for Collaborative
Solutions, A World Fit For Kids!, the National Institute on
Out-of-School Time, or other similar programs.
(b) The after school program provides regular and ongoing
nutrition education to each program attendee to help the program
attendee develop and practice healthy habits.
(c) The after school program ensures that each program attendee
participates, on a daily basis, in an average of 30 to 60 minutes of
moderate to vigorous physical activity, consistent with Guidelines 7
and 8 of the California Department of Education's California After
School Physical Activity Guidelines, while the after school program
is in session.
(d) Screen time is limited during the operational hours of the
after school program and is only allowed in connection with homework
or an activity that engages program attendees in a physical activity
or educational experience, consistent with the California After
School Physical Activity Guidelines.
(e) Healthy foods, including, but not limited to, fruits or
vegetables, without added sugar, shall be served to program attendees
as snacks on a daily basis. Fried foods, candy, or foods that are
primarily sugar-based, high in sodium, or include transfats
trans fat shall not be served to program
attendees or consumed by staff during the program's hours of
operation. Snacks or meals provided pursuant to the After School
Education and Safety Program (ASES), the 21st Century High School
After School Safety and Enrichment for Teens (High School ASSETs)
program, and the Child and Adult Care Food Program (CACFP) meal
guidelines shall be deemed to meet this standard.
(f) Program attendees shall be served water, low-fat or nonfat
milk, or 100 percent fruit juice. A preference shall be given for
water. Safe and clean drinking water shall be available and
accessible at all times to program attendees and staff. Milk and
fruit juices shall not be served in quantities exceeding six
eight ounces per day. Sugar-sweetened beverages
shall not be served to program attendees and staff of the after
school program shall not consume sugar-sweetened beverages at the
program site.
(g) If the after school program is conducting a fundraiser during
program hours, all of the following shall apply:
(1) Items sold shall be in compliance with the requirements
specified in subdivisions (e) and (f).
(2) Sales shall be in compliance with the USDA Competitive Food
Sales regulations.
(3) Sales shall not be scheduled during snack or meal service.
(g)
(h) If the after school program is located on a school
site, the after school program communicates with the school regarding
nutrition education and physical activity, as appropriate, to
provide the program attendees with a complete educational experience.
All activities shall also adhere to the school district's
wellness policy.
(h)
(i) The after school program has implemented an
educational program for parents of program attendees that provides
the parents with nutrition and physical activity information relevant
to the program and the health of their children.
(i)
(j) Information about the implementation of the
requirements listed in subdivisions (a) to (h)
( j) , inclusive, is available for review by a
parent at both the physical location of the after school program and
on the after school program's Internet Web site, if there is one.
104674. A certificate issued under this article shall be valid
for one calendar year. An after school program that wishes to
renew its create a new certificate for
the subsequent year shall, by January 1 of that year,
certify with the department self-certify on the
department's Internet Web site, pursuant to Section 104672,
that the program continues to meet follow
the DASH recognition program standards.
criteria pursuant to Section 104673. A certificate issued pursuant
to this article shall state that all information included in the
certificate is provided by the after school program and is not
verified by the department.
104675. The department shall maintain and update a list of after
school programs that receive a certificate
self-certify under the provisions of this article and shall
post that list on its Internet Web site, including the date of
self-certification for each after school program.
104676. In implementing the provisions of this article, the
department may consider developing gold, silver, and bronze levels of
distinction.
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