Bill Text: NY A07607 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the commissioner of education to establish a New York state model wellness policy which is in compliance with the local wellness policies required by the federal healthy, hunger-free kids act of 2010.

Sponsorship: Partisan Bill (Democrat 25)

Status: (Introduced - Dead) 2020-02-14 - print number 7607a [A07607 Detail]

Download: New_York-2019-A07607-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7607

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 13, 2019
                                       ___________

        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Education

        AN ACT to amend the education law, in relation to local  wellness  poli-
          cies

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 2-e to
     2  read as follows:
     3    § 2-e. Model wellness policy. 1. The commissioner  shall  establish  a
     4  New  York  state  model  wellness  policy for local educational agencies
     5  (LEAs) which shall set forth guidelines and  procedures  for  the  local
     6  wellness  policies required by the federal Healthy, Hunger-Free Kids Act
     7  of 2010. Such policy shall be developed:
     8    (a) After soliciting comments from experts and stakeholders, including
     9  but not limited  to  school  administrators,  school  boards,  teachers,
    10  parents,  students,  school  food service directors, physicians, nurses,
    11  registered dietitians, nutritionists, mental health professionals, coop-
    12  erative extensions, not-for-profit organizations,  and  institutions  of
    13  higher education; and
    14    (b) In consultation with state agencies including, but not limited to,
    15  the  department of health, department of agriculture and markets, office
    16  of mental health, and office of temporary and disability assistance.
    17    2. The wellness policy established by subdivision one of this  section
    18  shall include, but not be limited to, the following guidance:
    19    (a)  the  minimum  federal  standards for local school wellness policy
    20  implementation under the final rule of the Healthy, Hunger-Free Kids Act
    21  of 2010 7 CFR 210.30;
    22    (b) all relevant state laws;
    23    (c) wellness policy implementation, evaluation, and communication;
    24    (d) food and nutrition environment, standards,  and  services  (school
    25  meals  and  other  child  nutrition  programs,  farm to school, time for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11451-01-9
        A. 7607                             2

     1  meals, staff qualifications and professional  learning,  water,  compet-
     2  itive foods and beverages, celebrations and rewards, fundraising);
     3    (e) food and nutrition education and promotion;
     4    (f) food and beverage marketing in schools;
     5    (g) physical activity and physical education;
     6    (h) comprehensive health education;
     7    (i)  comprehensive  school-based  wellness (physical and mental health
     8  and social services, safe and supportive school climates);
     9    (j) community partnerships and family engagement;
    10    (k) staff wellness, health promotion, and professional learning; and
    11    (l) environmental sustainability of schools.
    12    3. On or before January first, two thousand twenty, a  model  wellness
    13  policy shall be forwarded by the commissioner to each local school board
    14  of  education  in  the  state. Each such school board will consider such
    15  wellness policy in connection with  the  one  currently  used  and  make
    16  modifications to such policy as necessary.
    17    4.  Each  time  an  updated  wellness  policy is adopted by the school
    18  board, it will be sent to the commissioner. In accordance with the final
    19  rule of the Healthy, Hunger-Free Kids Act of 2010, all LEAs must conduct
    20  triennial assessments on the implementation and effectiveness  of  their
    21  policies.  These  triennial assessments will also be sent to the commis-
    22  sioner. The commissioner will maintain an online, publicly available and
    23  searchable database of every  LEA's  most  recent  wellness  policy  and
    24  triennial assessment.
    25    §  2.  This  act  shall take effect immediately and shall be deemed to
    26  have been in full force and effect on and after April 1, 2019.