BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 949
AUTHOR: Jackson
AMENDED: April 8, 2014
FISCAL COMM: Yes HEARING DATE: April 30, 2014
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : Distinguished After School Health Recognition
Program.
SUMMARY
This bill establishes a recognition program for after school
and child care programs that voluntarily exceed nutrition and
physical activity standards.
BACKGROUND
All snacks provided to students attending After School
Education and Safety (ASES) programs or federally funded 21st
Century Community Learning Centers (21st CCLC) programs must
meet, at a minimum, the California school nutrition standards
described below. If the snacks are provided through one of
the federally reimbursable snack programs, the snack must meet
both the federal requirements and the California nutrition
standards. After school programs that choose to provide meals
(reimbursed by the federal Child and Adult Care Food Program)
must meet standards established by the United States
Department of Agriculture.
http://www.cde.ca.gov/ls/nu/as/afterschoolnutstan.asp
(Education Code � 8482-8484.6)
California nutrition standards require food provided in ASES
and 21st Century programs to meet all of the following
standards:
1) The only food that may be provided are full meals,
individual dairy or whole grain food, and individual
portions of nuts, nut butters, seeds, eggs, cheese
packaged for individual sale, fruit, vegetables that have
not been deep fried, and legumes.
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2) Each individual food item must meet all of the following:
a) Contain not more than 35 percent of its total
calories from fat (only applies to dairy and whole
grain food).
b) Contain not more than 10 percent of its total
calories from saturated fat (does not apply to eggs
or cheese packaged for individual sale).
c) Contain not more than 35 percent of its total
weight from sugar, including naturally occurring and
added sugar (does not apply to fruit or vegetables
that have not been deep fried).
d) Contain not more than 175 calories per
individual food item (for elementary students).
e) Contain not more than 250 calories per
individual food item (for middle, junior high or
high school students).
3) Not be deep fried, par fried, or flash fried by the
school or after school program.
4) Not be deep fried, par fried, flash fried as part of the
manufacturing process unless an "acceptable" oil is used
such as canola, safflower, sunflower, corn, olive,
soybean, peanut, or a blend of these oils, typically
liquid at room temperature and are known for their
positive cardiovascular benefit.
5) Not contain artificial trans fat. (EC � 49430.7, �
49431.2, and � 49431)
California nutrition standards limit beverages provided in
ASES and 21st Century programs to the following:
1) Fruit-based drinks that are composed of at least 50
percent fruit juice and have no added sweetener.
2) Vegetable-based drinks that are composed of at least 50
percent vegetable juice and have no added sweetener.
3) Drinking water with no added sweetener.
4) One-percent-fat milk, nonfat milk, soy milk, rice milk,
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and other similar nondairy milk.
5) For middle or high school students, an electrolyte
replacement beverage that contains no more than 42 grams
of added sweetener per 20-ounce serving. (EC � 49431.5)
Food reimbursed by federal food and nutrition programs
require:
1) A reimbursable snack must contain full servings of any
two of the following four food components:
a) Fluid Milk - 8 ounces.
b) Fruit, Vegetable, or 100 percent Juice - cup
(juice may not be served when milk is the only other
component).
c) Grain or Bread Product - 1 slice bread, for
example.
d) Meat or Meat Alternate - 2 ounces meat, for
example.
2) A reimbursable meal must contain full servings of all of
the following four food components:
a) Fluid Milk - 8 ounces.
b) Fruits and/or Vegetables - cup (at least two
different items must be served, totaling cup).
c) Grain or Bread Product - 1 slice bread, for
example.
d) Meat or Meat Alternate - 1 ounce meat, for
example. (United States Code, Title 42, � 1766)
ANALYSIS
This bill establishes a recognition program for after school
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and child care programs that voluntarily exceed nutrition and
physical activity standards. Specifically, this bill:
1) Establishes the Distinguished After School Health
Recognition Program, to be administered by the Department
of Public Health (DPH) in consultation with the
California Department of Education, and requires DPH to
develop a process for an after school program to
self-certify on DPH's website that it meets all the
criteria established by this bill.
2) Defines "after school program" as the After School
Education and Safety Program, 21st Century High School
After School Safety and Enrichment for Teens program, and
other qualified out-of-school time and licensed child
care programs.
3) Requires the self-certification process to provide after
school programs with the option to create a certificate,
using a template designed by DPH, that includes a
description demonstrating how the after school program
meets each of the following:
a) Each staff member has received
training on the standards established for this
recognition program and the importance of modeling
healthy eating and physical activity. This training
is required to be in accordance with the YMCA,
Center for Collaborative Solutions, A World Fit For
Kids, National Institute of Out-of-School Time, or
other similar programs.
b) The after school program provides
regular and ongoing nutrition education to each
student.
c) Ensure that each student participates
in 30-60 minutes of moderate to vigorous physical
activity daily, consistent with specific guidelines
of the California Department of Education's
California After School Physical Activity
Guidelines.
d) Screen time is limited and only
allowed in connection with homework or engaging in
physical activity or educational experience.
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e) Healthy food, including fruits and
vegetables without added sugar, are served as snacks
daily, and fried food, candy or food that are
primarily sugar-based are not served to students or
consumed by staff. (Snacks or meals that meet
existing nutrition standards are deemed to meet this
standard.)
f) Students are served water, low-fat or
nonfat milk, or 100% fruit juice, with preference
for water, safe and clean drinking water is
available and accessible at all times, more than
eight ounces of milk and juice are not served per
day, sugar-sweetened beverages are not served to
students nor consumed by staff.
g) Items sold at a fundraiser during
program hours are in compliance with the healthy
food and beverages criteria above, and the United
States Department of Agriculture Competitive Food
Sales regulations, and are not sold during snack or
meal service.
h) After school programs located on
schoolsites communicate with the school regarding
nutrition education and physical activity, with
activities adhering to the school district's
wellness policy.
i) Implementation of an educational
program for parents that provide nutrition and
physical activity information.
j) Make available for review by parents
information about the criteria for the recognition
program.
4) Provides that a certificate is valid for one calendar
year, and requires an after school program that wishes to
create a new certificate for the subsequent year to
self-certify on the Department of Public Health's (DPH)
website, by January 1, that the program continues to meet
the criteria for recognition. This bill requires a
certificate to state that all information included in the
certificate is provided by the after school program and
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is not verified by DPH.
5) Requires DPH to maintain and update a list of after
school programs that self-certify and post that list on
its website, including the date of self-certification for
each after school program.
STAFF COMMENTS
1) Necessary ? The Education Code is permissive; therefore,
after school programs are currently authorized to exceed
nutrition and physical activity standards and create a
certificate of recognition. This bill requires the
Department of Public Health (DPH) to develop a
certificate template, develop a process for an after
school program to self-certify on DPH's website, and
maintain and update a list of after school programs that
self-certify and post that list on its website. This
bill does not require DPH to actually issue the
certificates; after school programs would "issue" their
own certificates, whether or not the DPH template is
used. A prior version of this bill would have required
DPH to issue the certificates but was removed while this
bill was in the Senate Health Committee.
2) Scope of programs affected by this bill . This bill
authorizes the After School Education and Safety Program
(ASES), 21st Century High School After School Safety and
Enrichment for Teens program, and other qualified
out-of-school time and licensed child care programs that
voluntarily exceed nutrition and physical activity
standards to receive a certificate of recognition. After
school programs and child care programs are required to
meet different nutrition standards. Further, this bill
does not currently apply to after school programs that
are not administered through ASES or 21st Century. Staff
recommends an amendment to strike reference to "other
qualified out-of-school time and licensed child care
programs" and instead reference "other out-of-school time
programs that serve school age children." This change
would not preclude child care programs from seeking
recognition, and would allow after school programs that
are not administered through ASES or 21st Century to seek
recognition.
3) Voluntary . This bill does not require after school
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programs to meet the nutrition and physical activity
standards specified in this bill. After school programs
that choose to meet the higher standards specified in
this bill would be authorized to self-certify and have a
certificate of recognition. Examples where standards in
this bill exceed current requirements include:
a) Staff receives training on nutrition and
physical activity standards contained in this bill
and the importance of modeling healthy eating and
physical activity.
b) Regular and ongoing nutrition education is
provided to each program attendee.
c) Each program attendee participates in 30-60
minutes of moderate to vigorous physical activity on
a daily basis.
d) Program staff does not consume fried foods,
candy, or food that is primarily sugar-based, high
in sodium, or include trans fat, or sugar-sweetened
beverages.
e) Allow screen time only in connection with
homework or an activity that engages attendees in a
physical activity or educational experience.
f) Provides parents with nutrition and physical
activity information.
4) Fiscal impact . This bill imposes costs to the Department
of Public Health (DPH) to develop a process for an after
school program to self-certify on
DPH's website, develop the certificate template, and
maintain and update a list of after school programs that
self-certify and post that list on its website.
5) Related legislation . SB 464 (Jackson, 2013) would have
required early childhood education, infant care, and
after school programs to meet certain nutritional and
physical activity standards, and limits screen time. SB
464 was never heard.
6) Prior legislation . AB 627 (Brownley, 2009) would have
required the Superintendent of Public Instruction to
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establish a pilot program under which licensed child care
centers and child day care homes selected by the
California Department of Education that participate in
the federal Child and Adult Care Food Program would
implement certain nutrition and physical activity
standards in exchange for a higher state meal
reimbursement. AB 627 was vetoed by the Governor, whose
veto message read:
"I want California children to embrace healthy
lifestyles because the individual and societal
benefits of good nutrition and physical activity
lead to life-long accomplishments. Reducing
childhood obesity can lead to fewer adults with
chronic health conditions and lower healthcare
costs. Unfortunately, this bill would create
pressure to add Proposition 98 General Fund
resources to the Child and Adult Care Food program
when funding for so many other education programs
has been cut. It is simply not possible to initiate
a new program in a fiscal environment such as this.
I would ask the sponsors to work with the state
Department of Education to include information
regarding healthy nutrition and physical activity
guidelines in existing newsletters to child care
providers to the extent this can be accomplished
within existing resources."
SUPPORT
Association of California Healthcare Districts
A World Fit for Kids
California Academy of Physician Assistants
California Primary Care Association
California School Nutrition Association
California State Alliance of YMCAs
Camp Pendleton Armed Services YMCA
OPPOSITION
None on file.
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