Senate Bill sb2602c1

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    Florida Senate - 2006                           CS for SB 2602

    By the Committee on Education; and Senators Constantine,
    Margolis, Baker and Rich




    581-2267-06

  1                      A bill to be entitled

  2         An act relating to health-related education in

  3         the public schools; creating s. 1003.453, F.S.;

  4         requiring each school district to submit to the

  5         Department of Education, by a specified

  6         deadline, copies of the district's school

  7         wellness policy and physical education policy;

  8         requiring the school district to review those

  9         policies annually; requiring the department and

10         school districts to post links to those

11         policies on their websites; requiring the

12         department to provide website links to certain

13         resources and prescribing the types of

14         information those resources must provide;

15         encouraging school districts to provide basic

16         training in first aid to students in certain

17         grade levels; amending s. 1003.455, F.S.;

18         requiring that school district physical

19         education programs and curricula be reviewed by

20         a certified physical education instructor;

21         encouraging school districts to provide

22         physical education for a specified amount of

23         time; deleting obsolete language; amending s.

24         381.0056, F.S., the "School Health Services

25         Act"; requiring schools to annually provide

26         certain information to students' parents and

27         guardians; providing requirements relating to

28         membership of school health advisory

29         committees; encouraging the committees to

30         address specified matters; providing an

31         effective date.

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    Florida Senate - 2006                           CS for SB 2602
    581-2267-06




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 1003.453, Florida Statutes, is

 4  created to read:

 5         1003.453  School wellness and physical education

 6  policies; nutrition guidelines.--

 7         (1)  By September 1, 2006, each school district shall

 8  submit to the Department of Education a copy of its school

 9  wellness policy as required by the Child Nutrition and WIC

10  Reauthorization Act of 2004 and a copy of its physical

11  education policy required under s. 1003.455. Each school

12  district shall annually review its school wellness policy and

13  physical education policy and provide a procedure for public

14  input and revisions. In addition, each school district shall

15  send an updated copy of its wellness policy and physical

16  education policy to the department when a change or revision

17  is made.

18         (2)  By December 1, 2006, the department shall post

19  links to each school district's school wellness policy and

20  physical education policy on its website so that the policies

21  can be accessed and reviewed by the public. Each school

22  district shall provide the most current versions of its school

23  wellness policy and physical education policy on the

24  district's website.

25         (3)  By December 1, 2006, the department must provide

26  on its website links to resources that include information

27  regarding:

28         (a)  Classroom instruction on the benefits of exercise

29  and healthful eating.

30         (b)  Classroom instruction on the health hazards of

31  using tobacco and being exposed to tobacco smoke.

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    Florida Senate - 2006                           CS for SB 2602
    581-2267-06




 1         (c)  The eight components of a coordinated school

 2  health program, including health education, physical

 3  education, health services, and nutrition services.

 4         (d)  The core measures for school health and wellness,

 5  such as the School Health Index.

 6         (e)  Access for each student to the nutritional content

 7  of foods and beverages and to healthful food choices in

 8  accordance with the dietary guidelines of the United States

 9  Department of Agriculture.

10         (f)  Multiple examples of school wellness policies for

11  school districts.

12         (g)  Examples of wellness classes that provide

13  nutrition education for teachers and school support staff,

14  including encouragement to provide classes that are taught by

15  a licensed nutrition professional from the school nutrition

16  department.

17         (4)  School districts are encouraged to provide basic

18  training in first aid, including cardiopulmonary

19  resuscitation, for all students, beginning in grade 6 and

20  every 2 years thereafter. Private and public partnerships for

21  providing training or necessary funding are encouraged.

22         Section 2.  Section 1003.455, Florida Statutes, is

23  amended to read:

24         1003.455  Physical education; assessment.--

25         (1)  It is the responsibility of each district school

26  board to develop a physical education program that stresses

27  physical fitness and encourages healthful healthy, active

28  lifestyles and to encourage all students in prekindergarten

29  through grade 12 to participate in physical education.

30  Physical education shall consist of physical activities of at

31  least a moderate intensity level and for a duration sufficient

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    Florida Senate - 2006                           CS for SB 2602
    581-2267-06




 1  to provide a significant health benefit to students, subject

 2  to the differing capabilities of students. All physical

 3  education programs and curricula must be reviewed by a

 4  certified physical education instructor.

 5         (2)  Each district school board shall, no later than

 6  December 1, 2004, adopt a written physical education policy

 7  that details the school district's physical education program

 8  and expected program outcomes. Each district school board

 9  shall provide a copy of its written policy to the Department

10  of Education by December 15, 2004.

11         (3)  Each district school board is encouraged to

12  provide 150 minutes of physical education each week for

13  students in kindergarten through grade 5 and 225 minutes each

14  week for students in grades 6 through 8. Any district that

15  does not adopt a physical education policy by December 1,

16  2004, shall, at a minimum, implement a mandatory physical

17  education program for kindergarten through grade 5 which

18  provides students with 30 minutes of physical education each

19  day, 3 days a week.

20         Section 3.  Subsections (2) and (5) of section

21  381.0056, Florida Statutes, are amended to read:

22         381.0056  School health services program.--

23         (2)  The Legislature finds that health services

24  conducted as a part of the total school health program should

25  be carried out to appraise, protect, and promote the health of

26  students. School health services supplement, rather than

27  replace, parental responsibility and are designed to encourage

28  parents to devote attention to child health, to discover

29  health problems, and to encourage use of the services of their

30  physicians, dentists, and community health agencies. Each

31  school shall annually provide all parents and guardians with

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    Florida Senate - 2006                           CS for SB 2602
    581-2267-06




 1  information on ways that they can help their children to be

 2  physically active and to eat healthful foods.

 3         (5)(a)  Each county health department shall develop,

 4  jointly with the district school board and the local school

 5  health advisory committee, a school health services plan; and

 6  the plan must shall include, at a minimum, provisions for:

 7         1.(a)  Health appraisal;

 8         2.(b)  Records review;

 9         3.(c)  Nurse assessment;

10         4.(d)  Nutrition assessment;

11         5.(e)  A preventive dental program;

12         6.(f)  Vision screening;

13         7.(g)  Hearing screening;

14         8.(h)  Scoliosis screening;

15         9.(i)  Growth and development screening;

16         10.(j)  Health counseling;

17         11.(k)  Referral and followup of suspected or confirmed

18  health problems by the local county health department;

19         12.(l)  Meeting emergency health needs in each school;

20         13.(m)  County health department personnel to assist

21  school personnel in health education curriculum development;

22         14.(n)  Referral of students to appropriate health

23  treatment, in cooperation with the private health community

24  whenever possible;

25         15.(o)  Consultation with a student's parent or

26  guardian regarding the need for health attention by the family

27  physician, dentist, or other specialist when definitive

28  diagnosis or treatment is indicated;

29         16.(p)  Maintenance of records on incidents of health

30  problems, corrective measures taken, and such other

31  information as may be needed to plan and evaluate health

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    Florida Senate - 2006                           CS for SB 2602
    581-2267-06




 1  programs; except, however, that provisions in the plan for

 2  maintenance of health records of individual students must be

 3  in accordance with s. 1002.22;

 4         17.(q)  Health information which will be provided by

 5  the school health nurses, when necessary, regarding the

 6  placement of students in exceptional student programs and the

 7  reevaluation at periodic intervals of students placed in such

 8  programs; and

 9         18.(r)  Notification to the local nonpublic schools of

10  the school health services program and the opportunity for

11  representatives of the local nonpublic schools to participate

12  in the development of the cooperative health services plan.

13         (b)  Each school health advisory committee must, at a

14  minimum, include members who represent the eight component

15  areas of the Coordinated School Health model as defined by the

16  Centers for Disease Control and Prevention. School health

17  advisory committees are encouraged to address the eight

18  components of the Coordinated School Health model in the

19  school district's school wellness policy pursuant to s.

20  1003.453.

21         Section 4.  This act shall take effect July 1, 2006.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                         Senate Bill 2602

25                                 

26  The committee substitute requires the Department of Education
    to post specified information on its website by December 1,
27  2006, and provides that a certified physical education
    instructor must review physical education programs and
28  curricula but is not required to develop them.

29  

30  

31  

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