BILL REQ. #:  H-4574.1 



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HOUSE BILL 3098
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State of Washington61st Legislature2010 Regular Session

By Representatives Sullivan, Quall, Anderson, Maxwell, Wallace, Kenney, Santos, and Ormsby

Read first time 01/25/10.   Referred to Committee on Education.



     AN ACT Relating to the creation of the coordinated school health public-private partnership; and adding new sections to chapter 28A.210 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) A growing body of research suggests that students increase their abilities to learn and live productive lives through the maintenance of proper diets and optimum levels of physical exercise. It is the intent of the legislature to assist schools with the implementation of school health and fitness-related policies. To this end, a coordinated school health public-private partnership is established to assist school districts in implementing the policies created under RCW 28A.210.360 concerning model school district policies on access to nutritious foods and developmentally appropriate exercise and RCW 28A.210.365 concerning school district standards for food choice, physical activity, and childhood fitness.
     (2) The partnership shall be composed of the following members:
     (a) Four members of the legislature, with one member from each major caucus of the house of representatives, appointed by the speaker of the house of representatives, and one member from each major caucus of the senate, appointed by the president of the senate;
     (b) Four representatives from the private for-profit and four representatives from the private nonprofit-related health, nutrition, and fitness services sectors, appointed by the governor;
     (c) Four teachers, appointed by the superintendent of public instruction, with one teacher from each of the following education sectors: Elementary, middle, secondary, and postsecondary education. These teachers shall have experience teaching in general education, special education, or career and technical education with a health and fitness focus;
     (d) One school district nutrition director, appointed by the superintendent of public instruction;
     (e) One school nurse, nominated by a school nurse professional organization;
     (f) One school counselor, nominated by a school counselor professional organization;
     (g) One nutrition representative, nominated by the school dietician professional organization;
     (h) Two parents and two students, appointed by the governor;
     (i) One school district superintendent, one school board member, one building principal, one member of the state teachers' union, and one member of the classified staff union, each nominated by his or her respective professional association;
     (j) One representative from the department of health, appointed by the director;
     (k) Three representatives from the office of the superintendent of public instruction, with one involved in school health, one involved in fitness education, and one involved in school nutrition services; and
     (l) A representative from the University of Washington's center for public health nutrition.
     (3) The chair of the partnership shall be selected by the members of the partnership.
     (4) The members of the partnership shall be appointed by July 1, 2010.
     (5) Members of the partnership shall not be compensated for travel or other expenses.

NEW SECTION.  Sec. 2   (1) The task of the coordinated school health public-private partnership is to seek out innovative ways to assist schools with the implementation of RCW 28A.210.360 and 28A.210.365. The partnership must identify the most effective programs and proven methods for assisting schools in preparing their students with requisite decision-making skills and foundational knowledge about healthy lifestyle choices. Wherever possible, the partnership must promote the use of private for-profit and nonprofit-related health and fitness services sectors, especially those that are Washington-based.
     (2) In carrying out its task, and to the extent that funds are available, the partnership shall, within the context of a coordinated school health approach:
     (a) Assist the superintendent of public instruction in communicating to school districts the value and utility of health and nutrition standards;
     (b) Assist district school health advisory committees with implementation of the model policy on access to nutritious foods and developmentally appropriate exercise;
     (c) Assist school district health advisory committees to advise school administration and school board members on policies, environmental changes, and programs needed to support healthy food choice and physical activity and childhood fitness; and
     (d) Assist the office of the superintendent of public instruction with development of the demonstration projects identified in section 4 of this act.
     (3) Additional technical and logistical support may be provided by the office of the superintendent of public instruction, the entities comprising the partnership, and other participants in the coordinated school health public-private partnership.
     (4) Beginning with August 1, 2011, the office of the superintendent of public instruction shall prepare an annual report to the legislature that describes the activities identified in this section. If funding is available and awarded, the report shall include an analysis of the demonstration projects identified in section 4 of this act.

NEW SECTION.  Sec. 3   To the extent funds are available, the office of the superintendent of public instruction may hire staff to convene the partnership members, bring together stakeholders, and garner funds to implement the goals of sections 1 through 4 of this act, including supervision of the demonstration projects described in section 4 of this act. Any such staff shall reside in the office of the superintendent of public instruction for administrative purposes. Any grant funds garnered beyond the cost of hiring staff are intended to fund the demonstration projects and assist school districts in the implementation of requirements and goals enumerated in RCW 28A.210.360 and 28A.210.365.

NEW SECTION.  Sec. 4    To the extent funds are available, identified schools may create demonstration projects, as funded by the coordinated school health public-private partnership, in order to implement the policies created under RCW 28A.210.360 and 28A.210.365. Demonstration projects must be designed to assure that all students meet standards for health and fitness education, and to measure achievement changes in students resulting from their behavioral changes in food choices, physical activity, and increased knowledge of the health and nutrition standards. School districts may apply on a competitive basis to participate as a demonstration project. The office of the superintendent of public instruction and the partnership shall select up to four school districts as demonstration projects, with two districts located east of the crest of the Cascade mountains and two districts located west of the crest of the Cascade mountains.

NEW SECTION.  Sec. 5   The coordinated school health public-private partnership account is hereby created in the custody of the state treasurer. The purpose of the account is to support the coordinated school health public-private partnership, as described in sections 1 through 4 of this act. Revenues to the account may include gifts from the private sector, federal funds, and any appropriations made by the legislature or other sources. Grants and their administration shall be paid from the account. Only the superintendent of public instruction or the superintendent's designee may authorize expenditures from the account, and only at the direction of the partnership. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 6   (1) Nothing in this act may require action of the superintendent of public instruction if funding is not available in sufficient amounts to carry out the specific tasks of the partnership.
     (2) Nothing in this act may commit federal resources to be used to meet state law.

NEW SECTION.  Sec. 7   Sections 1 through 6 of this act are each added to chapter 28A.210 RCW.

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