BILL NUMBER: SB 949 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 2014
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,
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. Existing law also provides for the
licensure and regulation of various types of child care facilities,
including day care centers, by the State Department of Social
Services.
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
develop a process whereby an after school program, as defined, 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
designed 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
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 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 that serve
schoolage children 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 viewing or working
on television, videos, computers, and hand-held devices, with or
without Internet access.
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 process required by Section 104672 shall provide an
after school program with the option to create a 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 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 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.
(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.
(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.
(j) Information about the implementation of the requirements
listed in subdivisions (a) to (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 create
a new certificate for the subsequent year shall, by January 1 of that
year, self-certify on the department's Internet Web site, pursuant
to Section 104672, that the program continues to follow the DASH
recognition program 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 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.