AN ACT CONCERNING CHILDHOOD OBESITY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2016) (a) For the purposes of this section:

(1) "Child care center" has the same meaning as provided in section 19a-77 of the general statutes.

(2) "Group child care home" has the same meaning as provided in section 19a-77 of the general statutes.

(3) "Early childhood center" means any child care facility or early childhood learning program located in or associated with a local or regional board of education.

(b) No child care center, group child care home or early childhood center may provide beverages with added sweeteners, whether artificial or natural, to children under the care of such center or home, except that milk, flavored milk drinks, yogurt drinks and nondairy milk drinks may be provided to children under the care of such center or home.

(c) No child care center, group child care home or early childhood center may provide juice to any child under the age of one year in the care of such center or home. A child care center, group child care home or early childhood center may provide juice to children one year of age or older in the care of such center or home, provided the juice is one hundred per cent fruit juice, vegetable juice or combination of such juices, and contains no added sugars, sweeteners or artificial sweeteners.

(d) The provisions of subsections (b) and (c) of this section shall not apply to a child care center, group child care home or early childhood center that provides a beverage to a child in the care of such center or home if such center or home has received such beverage from the parent or guardian of such child.

(e) Each child care center, group child care home and early childhood center shall make potable drinking water available and easily accessible to children in the care of such center or home throughout the day, including at all meals.

Sec. 2. Section 10-203a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) Not later than January 1, 2007, the Department of Education shall (1) develop guidelines for addressing the physical health needs of students in a comprehensive manner that coordinates services, including services provided by municipal parks and recreation departments, and (2) make available to each local and regional board of education a copy of the guidelines. The department shall develop the guidelines after consultation with (A) the chairpersons and ranking members of [(i)] the joint standing [committee] committees of the General Assembly having cognizance of matters relating to education [, and (ii) the select committee of the General Assembly having cognizance of matters relating to] and children, (B) at least one state-wide nonprofit organization with expertise in child wellness or physical exercise, and (C) the Connecticut Recreation and Parks Association. The guidelines shall not be deemed to be regulations, as defined in section 4-166. Local and regional boards of education may establish and implement plans based on the guidelines in accordance with subsection (c) of this section.

(b) The guidelines shall include, but need not be limited to: (1) Plans for engaging students in daily physical exercise during regular school hours and strategies for engaging students in daily physical exercise before and after regular school hours in coordination with municipal parks and recreation departments, (2) strategies for coordinating school-based health education, programs and services, (3) procedures for assessing the need for community-based services such as services provided by school-based health clinics, municipal parks and recreation departments, family resource centers and after-school programs, and (4) procedures for maximizing monetary and other resources from local, state and federal sources to address the physical health needs of students. On and after April 1, 2017, such guidelines shall include strategies for engaging students enrolled in after-school programs in a minimum of twenty consecutive minutes of physical activity each day.

(c) Not later than April 1, 2007, each local and regional board of education may (1) establish a comprehensive and coordinated plan to address the physical health needs of students, and (2) base its plan on the guidelines developed pursuant to subsection (a) of this section. The board may implement such plan for the 2007-2008 school year and may have a plan in place for each school year thereafter.

Sec. 3. Section 10-221o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) Each local and regional board of education shall require each school under its jurisdiction to (1) offer all full day students a daily lunch period of not less than twenty minutes, and (2) include in the regular school day for each student enrolled in [elementary school] preschool through fifth grade time devoted to physical exercise of not less than twenty consecutive minutes in total, except that a planning and placement team may develop a different schedule for a child requiring special education and related services in accordance with chapter 164 and the Individuals With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time. In the event of a conflict with this section and any provision of chapter 164, such other provision of chapter 164 shall be deemed controlling.

(b) (1) Not later than October 1, 2013, each local and regional board of education shall adopt a policy, as the board deems appropriate, concerning the issue regarding any school employee being involved in preventing a student from participating in the entire time devoted to physical exercise in the regular school day, pursuant to subsection (a) of this section, as a form of discipline. For purposes of this section, "school employee" means [(1)] (A) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or working in a public elementary, middle or high school; or [(2)] (B) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education.

(2) Not later than January 1, 2017, the governing council of each local and state charter school shall adopt a policy concerning school employees being involved in preventing a student from participating in the entire time devoted to physical exercise in the regular school day, pursuant to subsection (a) of this section, as a form of discipline. The policy adopted pursuant to this subdivision shall only apply to school employees employed by a local or state charter school.

Sec. 4. Section 10-221u of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) Not later than October 1, 2013, each local and regional board of education shall adopt a policy, as the board deems appropriate, concerning the issue regarding any school employee being involved in requiring any student enrolled in grades kindergarten to twelve, inclusive, to engage in physical activity as a form of discipline during the regular school day. For purposes of this section, "school employee" means (1) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or working in a public elementary, middle or high school; or (2) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education.

(b) Not later than January 1, 2017, the governing council of each local and state charter school shall adopt a policy concerning school employees being involved in requiring any student enrolled in kindergarten through twelfth grade to engage in physical activity as a form of discipline during the regular school day. The policy adopted pursuant to this subsection shall only apply to school employees employed by a local or state charter school.