Bill Text: OH SB24 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To establish nutritional standards for food and beverages sold in vending machines in public schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-02-10 - To Education [SB24 Detail]
Download: Ohio-2009-SB24-Introduced.html
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Senator Kearney
| To amend sections 3302.07, 3313.814, 3314.03, and | 1 |
| 3326.11 and to enact section 3313.816 of the | 2 |
| Revised Code to establish nutritional standards | 3 |
| for food and beverages sold in vending machines in | 4 |
| public schools. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 3302.07, 3313.814, 3314.03, and | 6 |
| 3326.11 be amended and section 3313.816 of the Revised Code be | 7 |
| enacted to read as follows: | 8 |
| Sec. 3302.07. (A) The board of education of any school | 9 |
| district, the governing board of any educational service center, | 10 |
| or the administrative authority of any chartered nonpublic school | 11 |
| may submit to the state board of education an application | 12 |
| proposing an innovative education pilot program the implementation | 13 |
| of which requires exemptions from specific statutory provisions or | 14 |
| rules. If a district or service center board employs teachers | 15 |
| under a collective bargaining agreement adopted pursuant to | 16 |
| Chapter 4117. of the Revised Code, any application submitted under | 17 |
| this division shall include the written consent of the teachers' | 18 |
| employee representative designated under division (B) of section | 19 |
| 4117.04 of the Revised Code. The exemptions requested in the | 20 |
| application shall be limited to any requirement of Title XXXIII of | 21 |
| the Revised Code or of any rule of the state board adopted | 22 |
| pursuant to that title except that the application may not propose | 23 |
| an exemption from any requirement of or rule adopted pursuant to | 24 |
| Chapter 3307. or 3309., section 3313.814 or 3313.816, sections | 25 |
| 3319.07 to 3319.21, or Chapter 3323. of the Revised Code. | 26 |
| (B) The state board of education shall accept any application | 27 |
| submitted in accordance with division (A) of this section. The | 28 |
| superintendent of public instruction shall approve or disapprove | 29 |
| the application in accordance with standards for approval, which | 30 |
| shall be adopted by the state board. | 31 |
| (C) The superintendent of public instruction shall exempt | 32 |
| each district or service center board or chartered nonpublic | 33 |
| school administrative authority with an application approved under | 34 |
| division (B) of this section for a specified period from the | 35 |
| statutory provisions or rules specified in the approved | 36 |
| application. The period of exemption shall not exceed the period | 37 |
| during which the pilot program proposed in the application is | 38 |
| being implemented and a reasonable period to allow for evaluation | 39 |
| of the effectiveness of the program. | 40 |
| Sec. 3313.814. Each school district board of education shall | 41 |
| adopt and enforce standards governing the types of food and | 42 |
| beverages that may be sold on the premises of its schools, and | 43 |
| specifying the time and place each type of food or beverage may be | 44 |
|
sold. In adopting
the standards, the board shall consider | 45 |
| 46 | |
| beverage may be sold on any school premises except in accordance | 47 |
| with the standards adopted by the board of education. The | 48 |
| standards shall comply with section 3313.816 of the Revised Code. | 49 |
| The state board of education shall formulate and adopt | 50 |
| guidelines, which boards of education may follow in enforcing and | 51 |
| implementing this section. The state board shall not exempt any | 52 |
| school district from compliance with this section pursuant to | 53 |
| section 3302.05 of the Revised Code. | 54 |
| Sec. 3313.816. (A) As used in this section: | 55 |
| (1) "Added sweeteners" means any additives that enhance the | 56 |
| sweetness of a beverage, including processed sugar. "Added | 57 |
| sweeteners" do not include any natural sugars found in fruit or | 58 |
| vegetable juices that are a component of the beverage. | 59 |
| (2) "Processed sugar" means any sugar that does not occur | 60 |
| naturally in fruits, vegetables, or dairy products. | 61 |
| (B) Each individual food item, excluding beverages, sold to | 62 |
| students in any school operated by a school district through a | 63 |
| vending machine shall meet all of the following nutritional | 64 |
| standards: | 65 |
| (1) It contains less than two hundred calories. | 66 |
| (2) Not more than thirty per cent of its total calories are | 67 |
| derived from fat, except that this requirement shall not apply to | 68 |
| unsalted nuts or seeds. | 69 |
| (3) Not more than ten per cent of its total calories are | 70 |
| derived from saturated fat and trans fat. | 71 |
| (4) Not more than thirty-five per cent of its total weight is | 72 |
| composed of processed sugar. | 73 |
| (C) No school district shall permit the sale of beverages | 74 |
| other than the following to students through a vending machine: | 75 |
| (1) Unflavored water; | 76 |
| (2) Milk, including chocolate or other flavored milk, soy | 77 |
| milk, rice milk, and other similar dairy or nondairy milk; | 78 |
| (3) Fruit or vegetable juices that contain at least fifty per | 79 |
| cent juice and have no added sweeteners; | 80 |
| (4) Nectar or other fruit-based beverages that contain at | 81 |
| least thirty-five per cent fruit and have no added sweeteners; | 82 |
| (5) Electrolyte replacement beverages. | 83 |
| (D) No beverage described in division (C) of this section, | 84 |
| other than unflavored water, shall be sold to students through a | 85 |
| vending machine in a size that exceeds twelve ounces. | 86 |
| (E) No school district shall permit the sale to students | 87 |
| through a vending machine of any beverage that is carbonated or | 88 |
| that contains more than one hundred fifty calories per serving. | 89 |
| (F) No school district or public school shall enter into a | 90 |
| contract with any producer or distributor of a food or beverage | 91 |
| that would require the sale to students through a vending machine | 92 |
| of a food or beverage that does not meet the requirements of this | 93 |
| section. | 94 |
| (G) Divisions (B) to (E) of this section do not apply to food | 95 |
| and beverage items sold in vending machines that are accessible | 96 |
| only to school district employees. | 97 |
| Sec. 3314.03. A copy of every contract entered into under | 98 |
| this section shall be filed with the superintendent of public | 99 |
| instruction. | 100 |
| (A) Each contract entered into between a sponsor and the | 101 |
| governing authority of a community school shall specify the | 102 |
| following: | 103 |
| (1) That the school shall be established as either of the | 104 |
| following: | 105 |
| (a) A nonprofit corporation established under Chapter 1702. | 106 |
| of the Revised Code, if established prior to April 8, 2003; | 107 |
| (b) A public benefit corporation established under Chapter | 108 |
| 1702. of the Revised Code, if established after April 8, 2003; | 109 |
| (2) The education program of the school, including the | 110 |
| school's mission, the characteristics of the students the school | 111 |
| is expected to attract, the ages and grades of students, and the | 112 |
| focus of the curriculum; | 113 |
| (3) The academic goals to be achieved and the method of | 114 |
| measurement that will be used to determine progress toward those | 115 |
| goals, which shall include the statewide achievement tests; | 116 |
| (4) Performance standards by which the success of the school | 117 |
| will be evaluated by the sponsor; | 118 |
| (5) The admission standards of section 3314.06 of the Revised | 119 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 120 |
| (6)(a) Dismissal procedures; | 121 |
| (b) A requirement that the governing authority adopt an | 122 |
| attendance policy that includes a procedure for automatically | 123 |
| withdrawing a student from the school if the student without a | 124 |
| legitimate excuse fails to participate in one hundred five | 125 |
| consecutive hours of the learning opportunities offered to the | 126 |
| student. | 127 |
| (7) The ways by which the school will achieve racial and | 128 |
| ethnic balance reflective of the community it serves; | 129 |
| (8) Requirements for financial audits by the auditor of | 130 |
| state. The contract shall require financial records of the school | 131 |
| to be maintained in the same manner as are financial records of | 132 |
| school districts, pursuant to rules of the auditor of state, and | 133 |
| the audits shall be conducted in accordance with section 117.10 of | 134 |
| the Revised Code. | 135 |
| (9) The facilities to be used and their locations; | 136 |
| (10) Qualifications of teachers, including a requirement that | 137 |
| the school's classroom teachers be licensed in accordance with | 138 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 139 |
| community school may engage noncertificated persons to teach up to | 140 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 141 |
| Code; | 142 |
| (11) That the school will comply with the following | 143 |
| requirements: | 144 |
| (a) The school will provide learning opportunities to a | 145 |
| minimum of twenty-five students for a minimum of nine hundred | 146 |
| twenty hours per school year. | 147 |
| (b) The governing authority will purchase liability | 148 |
| insurance, or otherwise provide for the potential liability of the | 149 |
| school. | 150 |
| (c) The school will be nonsectarian in its programs, | 151 |
| admission policies, employment practices, and all other | 152 |
| operations, and will not be operated by a sectarian school or | 153 |
| religious institution. | 154 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 155 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, | 156 |
| 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, | 157 |
| 3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66, | 158 |
| 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671, | 159 |
| 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80, | 160 |
| 3313.814, 3313.816, 3313.96, 3319.073, 3319.321, 3319.39, | 161 |
| 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 162 |
| 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 163 |
| 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. | 164 |
| of the Revised Code as if it were a school district and will | 165 |
| comply with section 3301.0714 of the Revised Code in the manner | 166 |
| specified in section 3314.17 of the Revised Code. | 167 |
| (e) The school shall comply with Chapter 102. and section | 168 |
| 2921.42 of the Revised Code. | 169 |
| (f) The school will comply with sections 3313.61, 3313.611, | 170 |
| and 3313.614 of the Revised Code, except that for students who | 171 |
| enter ninth grade for the first time before July 1, 2010, the | 172 |
| requirement in sections 3313.61 and 3313.611 of the Revised Code | 173 |
| that a person must successfully complete the curriculum in any | 174 |
| high school prior to receiving a high school diploma may be met by | 175 |
| completing the curriculum adopted by the governing authority of | 176 |
| the community school rather than the curriculum specified in Title | 177 |
| XXXIII of the Revised Code or any rules of the state board of | 178 |
| education. Beginning with students who enter ninth grade for the | 179 |
| first time on or after July 1, 2010, the requirement in sections | 180 |
| 3313.61 and 3313.611 of the Revised Code that a person must | 181 |
| successfully complete the curriculum of a high school prior to | 182 |
| receiving a high school diploma shall be met by completing the | 183 |
| Ohio core curriculum prescribed in division (C) of section | 184 |
| 3313.603 of the Revised Code, unless the person qualifies under | 185 |
| division (D) or (F) of that section. Each school shall comply with | 186 |
| the plan for awarding high school credit based on demonstration of | 187 |
| subject area competency, adopted by the state board of education | 188 |
| under division (J) of section 3313.603 of the Revised Code. | 189 |
| (g) The school governing authority will submit within four | 190 |
| months after the end of each school year a report of its | 191 |
| activities and progress in meeting the goals and standards of | 192 |
| divisions (A)(3) and (4) of this section and its financial status | 193 |
| to the sponsor and the parents of all students enrolled in the | 194 |
| school. | 195 |
| (h) The school, unless it is an internet- or computer-based | 196 |
| community school, will comply with section 3313.801 of the Revised | 197 |
| Code as if it were a school district. | 198 |
| (12) Arrangements for providing health and other benefits to | 199 |
| employees; | 200 |
| (13) The length of the contract, which shall begin at the | 201 |
| beginning of an academic year. No contract shall exceed five years | 202 |
| unless such contract has been renewed pursuant to division (E) of | 203 |
| this section. | 204 |
| (14) The governing authority of the school, which shall be | 205 |
| responsible for carrying out the provisions of the contract; | 206 |
| (15) A financial plan detailing an estimated school budget | 207 |
| for each year of the period of the contract and specifying the | 208 |
| total estimated per pupil expenditure amount for each such year. | 209 |
| The plan shall specify for each year the base formula amount that | 210 |
| will be used for purposes of funding calculations under section | 211 |
| 3314.08 of the Revised Code. This base formula amount for any year | 212 |
| shall not exceed the formula amount defined under section 3317.02 | 213 |
| of the Revised Code. The plan may also specify for any year a | 214 |
| percentage figure to be used for reducing the per pupil amount of | 215 |
| the subsidy calculated pursuant to section 3317.029 of the Revised | 216 |
| Code the school is to receive that year under section 3314.08 of | 217 |
| the Revised Code. | 218 |
| (16) Requirements and procedures regarding the disposition of | 219 |
| employees of the school in the event the contract is terminated or | 220 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 221 |
| (17) Whether the school is to be created by converting all or | 222 |
| part of an existing public school or educational service center | 223 |
| building or is to be a new start-up school, and if it is a | 224 |
| converted public school or service center building, specification | 225 |
| of any duties or responsibilities of an employer that the board of | 226 |
| education or service center governing board that operated the | 227 |
| school or building before conversion is delegating to the | 228 |
| governing authority of the community school with respect to all | 229 |
| or any specified group of employees provided the delegation is | 230 |
| not prohibited by a collective bargaining agreement applicable to | 231 |
| such employees; | 232 |
| (18) Provisions establishing procedures for resolving | 233 |
| disputes or differences of opinion between the sponsor and the | 234 |
| governing authority of the community school; | 235 |
| (19) A provision requiring the governing authority to adopt a | 236 |
| policy regarding the admission of students who reside outside the | 237 |
| district in which the school is located. That policy shall comply | 238 |
| with the admissions procedures specified in sections 3314.06 and | 239 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 240 |
| authority, shall do one of the following: | 241 |
| (a) Prohibit the enrollment of students who reside outside | 242 |
| the district in which the school is located; | 243 |
| (b) Permit the enrollment of students who reside in districts | 244 |
| adjacent to the district in which the school is located; | 245 |
| (c) Permit the enrollment of students who reside in any other | 246 |
| district in the state. | 247 |
| (20) A provision recognizing the authority of the department | 248 |
| of education to take over the sponsorship of the school in | 249 |
| accordance with the provisions of division (C) of section 3314.015 | 250 |
| of the Revised Code; | 251 |
| (21) A provision recognizing the sponsor's authority to | 252 |
| assume the operation of a school under the conditions specified in | 253 |
| division (B) of section 3314.073 of the Revised Code; | 254 |
| (22) A provision recognizing both of the following: | 255 |
| (a) The authority of public health and safety officials to | 256 |
| inspect the facilities of the school and to order the facilities | 257 |
| closed if those officials find that the facilities are not in | 258 |
| compliance with health and safety laws and regulations; | 259 |
| (b) The authority of the department of education as the | 260 |
| community school oversight body to suspend the operation of the | 261 |
| school under section 3314.072 of the Revised Code if the | 262 |
| department has evidence of conditions or violations of law at the | 263 |
| school that pose an imminent danger to the health and safety of | 264 |
| the school's students and employees and the sponsor refuses to | 265 |
| take such action; | 266 |
| (23) A description of the learning opportunities that will be | 267 |
| offered to students including both classroom-based and | 268 |
| non-classroom-based learning opportunities that is in compliance | 269 |
| with criteria for student participation established by the | 270 |
| department under division (L)(2) of section 3314.08 of the Revised | 271 |
| Code; | 272 |
| (24) The school will comply with sections 3302.04 and | 273 |
| 3302.041 of the Revised Code, except that any action required to | 274 |
| be taken by a school district pursuant to those sections shall | 275 |
| be taken by the sponsor of the school. However, the sponsor | 276 |
| shall not be required to take any action described in division | 277 |
| (F) of section 3302.04 of the Revised Code. | 278 |
| (25) Beginning in the 2006-2007 school year, the school will | 279 |
| open for operation not later than the thirtieth day of September | 280 |
| each school year, unless the mission of the school as specified | 281 |
| under division (A)(2) of this section is solely to serve dropouts. | 282 |
| In its initial year of operation, if the school fails to open by | 283 |
| the thirtieth day of September, or within one year after the | 284 |
| adoption of the contract pursuant to division (D) of section | 285 |
| 3314.02 of the Revised Code if the mission of the school is solely | 286 |
| to serve dropouts, the contract shall be void. | 287 |
| (B) The community school shall also submit to the sponsor a | 288 |
| comprehensive plan for the school. The plan shall specify the | 289 |
| following: | 290 |
| (1) The process by which the governing authority of the | 291 |
| school will be selected in the future; | 292 |
| (2) The management and administration of the school; | 293 |
| (3) If the community school is a currently existing public | 294 |
| school or educational service center building, alternative | 295 |
| arrangements for current public school students who choose not to | 296 |
| attend the converted school and for teachers who choose not to | 297 |
| teach in the school or building after conversion; | 298 |
| (4) The instructional program and educational philosophy of | 299 |
| the school; | 300 |
| (5) Internal financial controls. | 301 |
| (C) A contract entered into under section 3314.02 of the | 302 |
| Revised Code between a sponsor and the governing authority of a | 303 |
| community school may provide for the community school governing | 304 |
| authority to make payments to the sponsor, which is hereby | 305 |
| authorized to receive such payments as set forth in the contract | 306 |
| between the governing authority and the sponsor. The total amount | 307 |
| of such payments for oversight and monitoring of the school shall | 308 |
| not exceed three per cent of the total amount of payments for | 309 |
| operating expenses that the school receives from the state. | 310 |
| (D) The contract shall specify the duties of the sponsor | 311 |
| which shall be in accordance with the written agreement entered | 312 |
| into with the department of education under division (B) of | 313 |
| section 3314.015 of the Revised Code and shall include the | 314 |
| following: | 315 |
| (1) Monitor the community school's compliance with all laws | 316 |
| applicable to the school and with the terms of the contract; | 317 |
| (2) Monitor and evaluate the academic and fiscal performance | 318 |
| and the organization and operation of the community school on at | 319 |
| least an annual basis; | 320 |
| (3) Report on an annual basis the results of the evaluation | 321 |
| conducted under division (D)(2) of this section to the department | 322 |
| of education and to the parents of students enrolled in the | 323 |
| community school; | 324 |
| (4) Provide technical assistance to the community school in | 325 |
| complying with laws applicable to the school and terms of the | 326 |
| contract; | 327 |
| (5) Take steps to intervene in the school's operation to | 328 |
| correct problems in the school's overall performance, declare the | 329 |
| school to be on probationary status pursuant to section 3314.073 | 330 |
| of the Revised Code, suspend the operation of the school pursuant | 331 |
| to section 3314.072 of the Revised Code, or terminate the contract | 332 |
| of the school pursuant to section 3314.07 of the Revised Code as | 333 |
| determined necessary by the sponsor; | 334 |
| (6) Have in place a plan of action to be undertaken in the | 335 |
| event the community school experiences financial difficulties or | 336 |
| closes prior to the end of a school year. | 337 |
| (E) Upon the expiration of a contract entered into under this | 338 |
| section, the sponsor of a community school may, with the approval | 339 |
| of the governing authority of the school, renew that contract for | 340 |
| a period of time determined by the sponsor, but not ending earlier | 341 |
| than the end of any school year, if the sponsor finds that the | 342 |
| school's compliance with applicable laws and terms of the contract | 343 |
| and the school's progress in meeting the academic goals prescribed | 344 |
| in the contract have been satisfactory. Any contract that is | 345 |
| renewed under this division remains subject to the provisions of | 346 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 347 |
| (F) If a community school fails to open for operation within | 348 |
| one year after the contract entered into under this section is | 349 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 350 |
| Code or permanently closes prior to the expiration of the | 351 |
| contract, the contract shall be void and the school shall not | 352 |
| enter into a contract with any other sponsor. A school shall not | 353 |
| be considered permanently closed because the operations of the | 354 |
| school have been suspended pursuant to section 3314.072 of the | 355 |
| Revised Code. Any contract that becomes void under this division | 356 |
| shall not count toward any statewide limit on the number of such | 357 |
| contracts prescribed by section 3314.013 of the Revised Code. | 358 |
| Sec. 3326.11. Each science, technology, engineering, and | 359 |
| mathematics school established under this chapter and its | 360 |
| governing body shall comply with sections 9.90, 9.91, 109.65, | 361 |
| 121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43, | 362 |
| 3301.0712, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, | 363 |
| 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, | 364 |
| 3313.50, 3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, | 365 |
| 3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648, | 366 |
| 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, | 367 |
| 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, | 368 |
| 3313.718, 3313.80, 3313.801, 3313.814, 3313.816, 3313.96, | 369 |
| 3319.073, 3319.21, 3319.32, 3319.321, 3319.35, 3319.39, | 370 |
| 3319.391, 3319.45, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18, | 371 |
| 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and | 372 |
| Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., | 373 |
| 4112., 4123., 4141., and 4167. of the Revised Code as if it | 374 |
| were a school district. | 375 |
| Section 2. That existing sections 3302.07, 3313.814, 3314.03, | 376 |
| and 3326.11 of the Revised Code are hereby repealed. | 377 |
| Section 3. Any school district or public school that, prior | 378 |
| to the effective date of this act, entered into a contract with a | 379 |
| producer or distributor of a food or beverage that requires the | 380 |
| sale of the food or beverage to students in violation of section | 381 |
| 3313.816 of the Revised Code, as enacted by this act, shall not be | 382 |
| required to comply with that section until the expiration of the | 383 |
| contract. Any renewal of the contract shall comply with that | 384 |
| section. | 385 |
