Bill Text: CA SB949 | 2013-2014 | Regular Session | Chaptered
Bill Title: After school programs: Distinguished After School Health
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-16 - Chaptered by Secretary of State. Chapter 369, Statutes of 2014. [SB949 Detail]
Download: California-2013-SB949-Chaptered.html
BILL NUMBER: SB 949 CHAPTERED
BILL TEXT
CHAPTER 369
FILED WITH SECRETARY OF STATE SEPTEMBER 16, 2014
APPROVED BY GOVERNOR SEPTEMBER 16, 2014
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 25, 2014
AMENDED IN ASSEMBLY AUGUST 20, 2014
AMENDED IN ASSEMBLY JUNE 26, 2014
AMENDED IN SENATE MAY 7, 2014
AMENDED IN SENATE APRIL 8, 2014
INTRODUCED BY Senator Jackson
FEBRUARY 6, 2014
An act to add and repeal Article 23.5 (commencing with Section
8490) of Chapter 2 of Part 6 of Division 1 of Title 1 of the
Education Code, relating to after school programs.
LEGISLATIVE COUNSEL'S DIGEST
SB 949, Jackson. After school programs: Distinguished After School
Health Recognition Program.
Existing law, the Child Care and Development Services Act,
provides, among other things, a comprehensive, coordinated, and
cost-effective system of child care and development services for
children from infancy to 13 years of age and their parents, including
a full range of supervision, health, and support services through
full- and part-time programs. Existing law also provides for the
licensure and regulation of various types of child care facilities,
including day care centers, by the State Department of Social
Services.
This bill, until January 1, 2018, would establish the
Distinguished After School Health (DASH) Recognition Program, to be
administered by the State Department of Education. The bill would
require the department to develop a process, administered on the
department's Internet Web site, whereby an after school program, as
defined, may be recognized as meeting prescribed requirements,
including training staff on healthy eating and physical activity,
providing healthy food and drinks to program attendees, and providing
program attendees with physical activity and limited screen time, as
defined. The bill would require the department to include in the
process on the Internet Web site an option to create a certificate,
using a template designed by the department, that includes specified
information, including a document, signed by the after school program
director, demonstrating the manner in which the after school program
meets the above requirements. The bill would provide that the
certificate would be valid for one year and would require the
department to post a list of after school programs that have
qualified on its Internet Web site. The bill would provide that
funding for the DASH Recognition Program is subject to an
appropriation being made for these purposes in the annual Budget Act
or another statute, or the receipt of funding from nonstate sources.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Distinguished After School Health Recognition Program.
SEC. 2. The Legislature finds and declares all of the following:
(a) Childhood obesity poses a serious threat to the children of
our state and to their future.
(b) According to the American Heart Association, 23.9 million
children in America who are 2 to 19 years of age, inclusive, are
overweight or obese and, of these children, more than one-half, 12.7
million, are obese.
(c) In California one out of three children is obese or
overweight.
(d) The medical and workforce consequences of childhood obesity
also threaten the fiscal viability of our health care system and our
economy if not addressed. California costs attributable to physical
inactivity, obesity, and overweight in 2011 were estimated at $52.7
billion.
(e) The after school provider community has the reach and
opportunity to provide a healthy after school experience to over
1,500,000 children in the out-of-school time period. These numbers
include 4,400 publicly funded after school programs in California,
including After School Education and Safety Program (ASES) and 21st
Century Community Learning Centers (CCLC) programs that serve over
450,000 low-income pupils (K-12th grade) statewide, public and
nonprofit after school programs, and 600,000 schoolage children in
licensed childcare settings.
SEC. 3. Article 23.5 (commencing with Section 8490) is added to
Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code,
to read:
Article 23.5. Distinguished After School Health Recognition
Program
8490. The Distinguished After School Health Recognition Program
is hereby established, to be administered by the department.
8490.1. For purposes of this article, the following definitions
shall apply:
(a) "After school program" means After School Education and Safety
Program (ASES), 21st Century High School After School Safety and
Enrichment for Teens (High School ASSETs) program, and other
qualified out-of-school time programs that serve schoolage children
outside of regular school hours, including before school and on
weekends.
(b) "DASH recognition program" means the Distinguished After
School Health Recognition Program enacted pursuant to this article.
(c) "Program attendee" means a person enrolled in an after school
program.
(d) "Screen time" means time spent viewing or working on
television, videos, computers, and hand-held devices, with or without
Internet access.
8490.2. The department shall develop a process, to be
administered on its Internet Web site, for an after school program to
be recognized as an after school program that meets the requirements
of this article and shall include all resources and links that an
after school program may use to meet the requirements of this
article.
8490.3. The process required by Section 8490.2 shall provide an
after school program with the option to create a certificate, using a
template designed by the department, that includes a document,
signed by the after school program director, demonstrating the manner
in which the after school program meets each of the following:
(a) Each staff member of the after school program has received
training on the standards of this article and the importance of
modeling healthy eating and physical activity. Training shall be in
accordance with the YMCA of the USA, the Center for Collaborative
Solutions, A World Fit For Kids!, the National Institute on
Out-of-School Time, or other similar programs.
(b) The after school program provides regular and ongoing
nutrition education to each program attendee to help the program
attendee develop and practice healthy habits.
(c) The after school program ensures that each program attendee
participates, on a daily basis, in an average of 30 to 60 minutes of
moderate to vigorous physical activity, consistent with Guidelines 7
and 8 of the department's California After School Physical Activity
Guidelines, while the after school program is in session.
(d) Screen time is limited during the operational hours of the
after school program and is only allowed in connection with homework
or an activity that engages program attendees in a physical activity
or educational experience, consistent with the California After
School Physical Activity Guidelines.
(e) Healthy foods, including, but not limited to, fruits or
vegetables, without added sugar, are served to program attendees as
snacks on a daily basis. Fried foods, candy, or foods that are
primarily sugar-based, high in sodium, or include trans fat are not
served to program attendees or consumed by staff during the after
school program's hours of operation. Snacks or meals provided
pursuant to the After School Education and Safety Program (ASES), the
21st Century High School After School Safety and Enrichment for
Teens (High School ASSETs) program, and the Child and Adult Care Food
Program (CACFP) meal guidelines are deemed to meet this standard.
(f) Program attendees are served water, low-fat or nonfat milk,
nonfat flavored milk, or 100 percent fruit juice. A preference shall
be given for water. Safe and clean drinking water is available and
accessible at all times to program attendees and staff. Milk and
fruit juices are not served in quantities exceeding eight ounces per
day. Sugar-sweetened beverages are not served to program attendees
and staff of the after school program do not consume sugar-sweetened
beverages at the after school program site.
(g) If the after school program is conducting a fundraiser during
after school program hours, all of the following shall apply:
(1) Items sold shall be in compliance with the requirements
specified in subdivisions (e) and (f).
(2) Sales shall be in compliance with the USDA Competitive Food
Sales regulations.
(3) Sales shall not be scheduled during snack or meal service.
(h) If the after school program is located on a schoolsite, the
after school program communicates with the school regarding nutrition
education and physical activity, as appropriate, to provide the
program attendees with a complete educational experience. All
activities shall also adhere to the school district's wellness
policy.
(i) The after school program has implemented an educational
program for parents of program attendees that provides the parents
with nutrition and physical activity information relevant to the
after school program and the health of their children.
(j) Information about the implementation of the requirements
listed in subdivisions (a) to (i), inclusive, is available for review
by a parent at both the physical location of the after school
program and on the after school program's Internet Web site, if there
is one. The after school program also maintains in its records a
document signed by all parents acknowledging that they are aware of
the DASH recognition program requirements and policies to institute
and reinforce these specific healthy behaviors for all children
served in the after school program.
8490.4. A certificate issued under this article shall be valid
for one calendar year. An after school program that wishes to create
a new certificate for the subsequent year shall, by January 1 of that
year, verify with the department, pursuant to Section 8490.2, that
the after school program continues to follow the DASH recognition
program criteria pursuant to Section 8490.3.
8490.5. The department shall maintain and update a list of after
school programs that qualify under the provisions of this article and
shall post that list on its Internet Web site, including the date of
qualification for each after school program.
8490.6. Funding for the recognition program established pursuant
to this article is subject to an appropriation being made for
purposes of this article in the annual Budget Act or another statute,
or the receipt of funding from nonstate sources.
8490.7. This article shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
