Bill Text: CA SB949 | 2013-2014 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: SB 949	AMENDED
	BILL TEXT

	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  Article 4 (commencing with Section 104670)
to Chapter 2 of Part 3 of Division 103 of the Health and Safety
  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  nutrition.   after
school programs. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 949, as amended, Jackson.  Nutrition:  
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 Public Health, in
consultation with  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  staff  training  staff
 on healthy eating and physical activity, providing healthy food
and drinks to  participants,   program
attendees,  and providing  participants  
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  this bill  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.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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  students   pupils 
(K-12th grade) statewide, public and nonprofit after school programs,
and 600,000 schoolage children in licensed childcare settings.
  SEC. 3.  Article  4   23.5  (commencing
with Section  104670)   8490)  is added to
Chapter 2 of Part  3   6  of Division
 103   1  of  Title 1 of  the
Health and Safety   Education  Code, to
read:

      Article  4.   23.5.   Distinguished
After School Health Recognition Program


    104670.   8490.   The Distinguished
After School Health Recognition Program is hereby established, to be
administered by the  State Department of Public Health, in
consultation with the State Department of Education, as appropriate.
  department. 
    104671.   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.
   104672.   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.
    104673.   8490.3.   The process
required by Section  104672   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  description   document, signed by
the after school program director,  demonstrating the manner in
which the after school program  meets,   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  California Department of Education's 
 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,  shall be   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  shall not be   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  shall be
  are  deemed to meet this standard.
   (f) Program attendees  shall be   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  shall be  
is  available and accessible at all times to program attendees
and staff. Milk and fruit juices  shall not be  
are not  served in quantities exceeding eight ounces per day.
Sugar-sweetened beverages  shall not be   are
not  served to program attendees and staff of the after school
program  shall   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  school
site,   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  (j),   (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. 
    104674.   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  104672,  
8490.2,  that the  after school  program continues to
follow the DASH recognition program criteria pursuant to Section
 104673.   8490.3. 
    104675.   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.