Amended in Assembly August 20, 2014

Amended in Assembly June 26, 2014

Amended in Senate May 7, 2014

Amended in Senate April 8, 2014

Senate Bill No. 949

Introduced by Senator Jackson

February 6, 2014

An act to add begin delete Article 4 (commencing with Section 104670) to Chapter 2 of Part 3 of Division 103 of the Health and Safety end delete begin insert and repeal Article 23.5 (commencing with Section 8490) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education end insert Code, relating to begin delete nutrition. end delete begin insert after school programs. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 949, as amended, Jackson. begin delete Nutrition: end delete begin insert After school programs: end insert 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 begin insert , until January 1, 2018, end insert would establish the Distinguished After School Health (DASH) Recognition Program, to be administered by begin delete the State Department of Public Health, in consultation with end delete the State Department of Education. The bill would require the department to develop a process, administered on the department’s Internet Web site, whereby an after school program, as defined, may be recognized as meeting prescribed requirements, including begin delete staff end delete training begin insert staff end insert on healthy eating and physical activity, providing healthy food and drinks to begin delete participants, end delete begin insert program attendees, end insert and providing begin delete participants end delete begin insert program attendees end insert with physical activity and limited screen time begin insert , as defined end insert . The bill would require the department to include in the process on the Internet Web site an option to create a certificate, using a template designed by the department, that includes specified information, including begin insert a document, signed by the after school program director, demonstrating end insert the manner in which the begin insert after school end insert program meets the above requirements. The begin insert bill would provide that the end insert certificate would be valid for one year and begin delete this bill end delete would require the department to post a list of after school programs that have qualified on its Internet Web site. begin insert The bill would provide that funding for the DASH Recognition Program is subject to an appropriation being made for these purposes in the annual Budget Act or another statute, or the receipt of funding from nonstate sources. end insert

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 begin delete students end delete begin insert pupils end insert (K-12th grade)
statewide, public and nonprofit after school programs, and 600,000
schoolage children in licensed childcare settings.

SEC. 3.  

Article begin delete 4 end delete begin insert 23.5 end insert (commencing with Section begin delete 104670) end delete
begin insert 8490) end insert is added to Chapter 2 of Part begin delete 3 end delete begin insert 6 end insert of Division begin delete 103 end delete begin insert 1 end insert of begin insert Title
1 of end insert the begin delete end delete begin delete Health and Safety end delete begin insert Education end insert Code, to read:

 

Article begin delete 4. end delete begin insert 23.5. end insert   Distinguished After School Health Recognition
Program

 

begin delete 104670. end delete
begin insert 8490. end insert   

The Distinguished After School Health Recognition
Program is hereby established, to be administered by the begin delete State
Department of Public Health, in consultation with the State
Department of Education, as appropriate. end delete begin insert department. end insert

begin delete 104671. end delete
begin insert 8490.1. end insert   

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 programs 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.

begin delete 104672. end delete
begin insert 8490.2. end insert   

The department shall develop a process, to be
administered on its Internet Web site, for an after school program
to be recognized as an after school program that meets the
requirements of this article and shall include all resources and links
that an after school program may use to meet the requirements of
this article.

begin delete 104673. end delete
begin insert 8490.3. end insert   

The process required by Section begin delete 104672 end delete begin insert 8490.2 end insert shall
provide an after school program with the option to create a
certificate, using a template designed by the department, that
includes a begin delete description end delete begin insert document, signed by the after school
program director, end insert demonstrating the manner in which the after
school program begin delete meets, end delete begin insert meets end insert 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 begin delete California Department of Education’s end delete begin insert department’s end insert
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, begin delete shall be end delete begin insert are end insert 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
begin delete shall not be end delete begin insert are not end insert served to program attendees or consumed by
staff during the begin insert after school end insert 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 begin delete shall be end delete begin insert are end insert deemed to meet this standard.

(f) Program attendees begin delete shall be end delete begin insert are end insert served water, low-fat or
nonfat milk, begin insert nonfat flavored milk, end insert or 100 percent fruit juice. A
preference shall be given for water. Safe and clean drinking water
begin delete shall be end delete begin insert is end insert available and accessible at all times to program attendees
and staff. Milk and fruit juices begin delete shall not be end delete begin insert are not end insert served in
quantities exceeding eight ounces per day. Sugar-sweetened
beverages begin delete shall not be end delete begin insert are not end insert served to program attendees and
staff of the after school program begin delete shall end delete begin insert do end insert not consume
sugar-sweetened beverages at the begin insert after school end insert program site.

(g) If the after school program is conducting a fundraiser during
begin insert after school end insert 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 begin delete school site, end delete
begin insert schoolsite, end insert 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
begin insert after school end insert program and the health of their children.

(j) Information about the implementation of the requirements
listed in subdivisions (a) to begin delete (j), end delete begin insert (i), end insert 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.
begin insert The after school program also maintains in its records a document
signed by all parents acknowledging that they are aware of the
DASH recognition program requirements and policies to institute
and reinforce these specific healthy behaviors for all children
served in the after school program. end insert

begin delete 104674. end delete
begin insert 8490.4. end insert   

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, verify with the department, pursuant to Section begin delete 104672, end delete
begin insert 8490.2, end insert that the begin insert after school end insert program continues to follow the DASH
recognition program criteria pursuant to Section begin delete 104673. end delete begin insert 8490.3. end insert

begin delete 104675. end delete
begin insert 8490.5. end insert   

The department shall maintain and update a list of after
school programs that qualify under the provisions of this article
and shall post that list on its Internet Web site, including the date
of qualification for each after school program.

begin insert

begin insert 8490.6. end insert   

Funding for the recognition program established
pursuant to this article is subject to an appropriation being made
for purposes of this article in the annual Budget Act or another
statute, or the receipt of funding from nonstate sources.

end insert begin insert

begin insert 8490.7. end insert   

This article shall remain in effect only until January
1, 2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.

end insert