Bill Analysis

Legislative Service Commission

LSC Analysis of House Bill

H.B. 254

127th General Assembly

(As Introduced)

 

Reps.     Peterson and Strahorn, Boyd, Celeste, Chandler, Combs, Domenick, Flowers, Foley, Garrison, R. Hagan, Harwood, Healy, Heard, Hughes, Koziura, Luckie, Lundy, Mallory, J. McGregor, Raussen, Schneider, Skindell, D. Stewart, Webster, B. Williams, Wolpert, Yuko

BILL SUMMARY

Advisory Council

·        Creates the Ohio Child Wellness Advisory Council in the Governor's office to make policy recommendations to the State Board of Education and the Department of Health regarding improvement of children's nutrition, physical education, and physical activity through school-based activities.

·        Requires the Departments of Education and Health to provide technical assistance to school districts, community schools, and chartered nonpublic schools in the implementation of the Council's recommendations and to issue an annual report to the Council on that implementation.

Food and beverages in schools

·        Restricts the sale of certain foods and beverages to students during the regular school day and before- and after-school programs in school districts, community schools, and chartered nonpublic schools, beginning in the 2008-2009 school year.

·        Exempts from the restrictions food and beverages sold in connection with (1) a school-sponsored fundraiser or other event held outside of the regular school day or (2) an interscholastic athletic event.

·        Specifies that if the U.S. Department of Agriculture adopts regulations for the sale of food and beverages in schools, those regulations supersede the bill's restrictions.

·        Requires the Department of Education to provide computer software for assessing the nutritional value of foods free of charge to each public and chartered nonpublic school.

·        Requires school districts to adopt standards governing beverage sales on school premises (in addition to food sales as under current law) and applies the requirement for adoption of standards for food and beverage sales on school premises to community schools and chartered nonpublic schools.

·        Requires each school district, community school, and chartered nonpublic school to designate staff to prepare an annual report regarding compliance with the standards for food and beverage sales.

·        Prohibits the placement of vending machines in classrooms, except in specified circumstances.

Local wellness policies

·        Requires each school district, community school, and chartered nonpublic school to establish a school nutrition and physical activity committee and requires that committee to develop and oversee the implementation of the district's or school's local wellness policy.

·        Specifies the content of a school district's, community school's, or chartered nonpublic school's local wellness policy in addition to the requirements of federal law.

Other provisions

·        If funded by the General Assembly, provides breakfasts free of charge to students enrolled in a school district, community school, or chartered nonpublic school and eligible under federal requirements for a reduced price breakfast.

·        Requires the State Board of Education to issue school nutrition certificates to persons responsible for overseeing the daily operations of a school food service program and requires schools to employ only certificated persons for that purpose.

·        Adds to the required content of a district's or school's three-year continuous improvement plan an analysis of how the school district or building is implementing strategies to improve the nutrition and physical education and activity of students.

·        Requires the Department of Education to employ a full-time physical education coordinator.

TABLE OF CONTENTS

Overview.. 2

Ohio Child Wellness Advisory Council 3

Duty to make recommendations. 4

Assistance to schools in implementing the Council's recommendations. 5

Restrictions on food and beverage sales in schools. 5

Beverage restrictions. 5

Food restrictions. 6

Contracts with food or beverage producers or distributors. 7

Federal regulation of food and beverage sales. 7

Compliance check. 7

Adoption of standards for food and beverage sales by districts and schools. 7

Placement of vending machines. 8

Annual compliance report 8

School nutrition and physical activity committees. 8

Local wellness policies. 8

Department of Education determination. 9

School breakfasts. 9

Nutrition certificates. 9

Continuous improvement plans. 10

Physical education coordinator. 10

 

CONTENT AND OPERATION

Overview

The bill makes changes in the law regarding nutrition in public and nonpublic schools and enacts new provisions to promote wellness in those schools.  Among other things, it creates the Ohio Child Wellness Advisory Council and requires each school district, community school, and chartered nonpublic school to establish a school nutrition and physical activity committee.  It sets nutrition standards for foods and beverages served and sold in schools.  The bill also requires the State Board of Education to issue a new "nutrition certificate" for persons responsible for overseeing school food service operations and requires schools to employ only those certificated persons for that purpose.

Ohio Child Wellness Advisory Council

(R.C. 3301.80)

The bill creates a 31-member Ohio Child Wellness Advisory Council and places it in the Governor's office.  In general, the Council is charged with making policy recommendations to the State Board of Education and the Department of Health regarding the improvement of children's nutrition, physical education, and physical activity through school-based activities.  The members of the Council are as follows:

·        The Superintendent of Public Instruction or the Superintendent's designee;

·        The Director of Health or the Director's designee;

·        A member of the State Board of Education;

·        A representative of by the Ohio Dietetic Association;

·        A representative of the American Heart Association;

·        A representative of the School Nutrition Association of Ohio;

·        A representative of the State Planning Committee for Health Education in Ohio;[1]

·        An elementary school administrator appointed by the Ohio Association of Elementary School Administrators;

·        A middle school administrator appointed jointly by the Ohio Association of Elementary School Administrators and the Ohio Association of Secondary School Administrators;

·        A high school administrator appointed by the Ohio Association of Secondary School Administrators;

·        A representative of the Buckeye Association of School Administrators;

·        A representative of the Ohio Parent Teacher Association;

·        A representative of the American Cancer Society;

·        A representative of the food and beverage industry appointed by the Ohio Chamber of Commerce;

·        A representative of the Ohio Parks and Recreation Association;

·        A representative of the Ohio Action for Healthy Kids;[2]

·        A representative of the Ohio Association of School Nurses;

·        A representative of the Association of Ohio Health Commissioners;

·        A representative of the Ohio Chapter of the American Academy of Pediatrics;

·        Three teachers (an elementary school teacher, a middle school teacher, and a high school teacher), two of whom teach physical education, appointed jointly by the Ohio Education Association and the Ohio Federation of Teachers;

·        A representative of the Ohio School Boards Association;

·        A representative of the Ohio Association of School Business Officials;

·        A representative of the Ohio State University Extension appointed by the Director of the Extension;

·        A representative of the Children's Hunger Alliance;

 

·        A representative of the Ohio Association for Health, Physical Education, Recreation and Dance;[3]

·        A representative of the Ohio Society for Public Health Education;[4]

·        A representative of the Governor; and

·        A member of the Senate and a member of the House of Representatives appointed jointly by the Senate President and the Speaker of the House.  These legislative members of the Council must be from different political parties.

(Unless otherwise specified, each member is appointed by the association or person the member represents.)

The bill specifies that if any of the appointing authorities disbands, the Governor may choose a suitable organization as a replacement, and that new organization will appoint members to the Council in the same manner as the disbanded appointing authority.

The Council, by a majority vote, must select its chairperson.  For one year after its initial meeting, the Council must meet at least monthly.  Thereafter, subsequent meetings must be held at least quarterly.  The members may not be compensated for their services.

Duty to make recommendations

(R.C. 3301.80(C))

The bill directs the Ohio Child Wellness Advisory Council to make policy recommendations to both the State Board of Education and the Department of Health regarding ways to promote, coordinate, and implement statewide efforts to improve children's nutrition, physical education, and physical activity through school-based activities.  It also must recommend ways to promote, coordinate, and implement other school-based strategies to improve child wellness.  The Council's recommendations must be based on guidelines for best practices developed by the temporary School Physical Fitness and Wellness Advisory Council[5] and the school climate guidelines adopted by the State Board.[6]

The recommendations of the Ohio Child Wellness Advisory Council must address at least the following:

(1)  Strategies for improving the nutritional value of food and beverages available for sale to students through school food service programs; vending machines located on school property; and stores operated by schools, student associations, or other school-sponsored organizations;

(2)  Strategies for promoting student wellness, including physical education and physical activity;

(3)  Procedures for monitoring implementation of the bill's nutrition standards and consequences for noncompliance with those standards (see "Restrictions on food and beverage sales in schools" below);

(4)  Methods to ensure that each school district, community school, and chartered nonpublic school has and is implementing a local wellness policy and consequences for noncompliance with that requirement (see "Local wellness policies" below); and

(5)  An assessment tool for evaluating the effects of district and school efforts to improve child wellness.

The bill also states that if the General Assembly enacts or the State Board adopts any statewide standards for physical education or physical activity, the Council must recommend procedures for monitoring implementation of those standards by districts and schools and consequences for noncompliance.  (Currently, the State Board is prohibited from adopting or revising any standards or model curricula in health or physical education, unless they are approved by a concurrent resolution adopted by both houses of the General Assembly.)[7]

Assistance to schools in implementing the Council's recommendations

(R.C. 3301.80(D))

The bill requires the Department of Education and the Department of Health to provide technical assistance to school districts, community schools, and chartered nonpublic schools in implementing the recommendations of the Ohio Child Wellness Advisory Council.  The departments also must issue a joint report to the Council each year on the status of implementation of district and school efforts to improve child wellness.

Restrictions on food and beverage sales in schools

(R.C. 3313.814(A), 3313.816, 3313.817, and 3314.03(A)(11)(d); Section 3)

Beginning July 1, 2008, the bill restricts the sale of certain foods and beverages to students in school districts, community schools, and chartered nonpublic schools.  These restrictions must be observed during the regular school day, as well as during periods before or after the school day in which students are participating in school-sponsored extracurricular activities, academic or enrichment programs, or latchkey programs.[8]

The restrictions apply only to "a la carte" items, which are individually priced food and beverage items available for sale to students through (1) a school breakfast or lunch program, (2) vending machines located on school property, or (3) a school store.  They do not apply to foods and beverages that are part of a complete meal provided through a federally subsidized breakfast or lunch program and are being sold individually in a serving portion of the same size as in the complete meal (in the a la carte line in the cafeteria, for example).  Furthermore, they do not affect foods and beverages sold in connection with a school-sponsored fundraiser or other event held outside of the regular school day or in conjunction with an interscholastic athletic event.

Beverage restrictions

(R.C. 3313.816(A) and (B))

The bill's restrictions on beverages apply somewhat differently across schools depending on the grade levels they serve.  Generally, the options and serving sizes increase as students get older, although the sale of soda is prohibited in all grades during the bill's time restrictions.  Also, during the restricted periods, at least 50% of the a la carte beverage items available for sale through the school food service program, vending machines (except for those that sell only milk or federally subsidized complete meals), and a school store must be water or other beverages that contain no more than 10 calories per 8 ounces.  It appears that each source of a la carte beverages must meet the 50% requirement.  In other words, if the school has five vending machines, the contents of each one must be at least 50% water and other low-calorie beverages.  The bill's restrictions do not apply to vending machines that are accessible only to staff members, such as those in the teacher's lounge.

Elementary schools (R.C. 3313.816(A)(1)).  Public and chartered nonpublic schools in which the majority of grades offered are from K to 4 may sell students only three types of a la carte beverages:  (1) water, (2) 8 ounces or less of low-fat or fat-free milk, including flavored milk, that contains no more than 180 calories per 8 ounces, and (3) 8 ounces or less of 100% fruit juice containing no more than 160 calories per 8 ounces.

Middle schools (R.C. 3313.816(A)(2)).  Public and chartered nonpublic schools in which the majority of grades offered are from 5 to 8 may sell students only the following a la carte beverages:

(1)  Water;

(2)  16 ounces or less of low-fat or fat-free milk, including flavored milk, that contains no more than 180 calories per 8 ounces;

(3)  8 ounces or less of 100% fruit juice containing no more than 160 calories per 8 ounces; and

(4)  8 ounces or less of a fruit-based beverage that contains (a) at least 50% fruit juice with no added sugars, (b) at least 10% of the recommended daily value of calcium, iron, vitamin A, or vitamin C, and (c) no more than 160 calories per 8 ounces.

High schools (R.C. 3313.816(A)(3)).  Public and chartered nonpublic schools in which the majority of grades offered are from 9 to 12 may sell students only the following a la carte beverages:

(1)  Water;

(2)  20 ounces or less of flavored water containing no more than 66 calories per 8 ounces;

(3)  16 ounces or less of low-fat or fat-free milk, including flavored milk, that contains no more than 180 calories per 8 ounces;

(4)  16 ounces or less of 100% fruit juice that contains no more than 160 calories per 8 ounces;

(5)  16 ounces or less of a fruit-based beverage that contains (a) at least 50% fruit juice with no added sugars, (b) at least 10% of the recommended daily value of calcium, iron, vitamin A, or vitamin C, and (c) no more than 160 calories per 8 ounces;

(6)  20 ounces or less of sports drink that contains no more than 66 calories per 8 ounces.  A sports drink is designed to rehydrate the body and replenish depleted levels of electrolytes and nutrients.[9]

(7)  Any other no-calorie or low-calorie beverage containing no more than 10 calories per 8 ounces.

Food restrictions

(R.C. 3313.817(A), (B), and (C))

To implement the bill's food restrictions, the Department of Education must make computer software for assessing the nutritional value of foods available free of charge to each public and chartered nonpublic school.  This software must have been developed by the Center for Healthy Weight and Nutrition at Columbus Children's Hospital and do all of the following:

(1)  Assess the amount of calories, total fat, saturated fat, trans fat, sugar, protein, fiber, calcium, iron, vitamin A, and vitamin C in each food item;

(2)  Evaluate the nutritional value of foods based on the Dietary Guidelines for Americans as they pertain to children and adolescents;[10] and

(3)  Categorize food items as "best choice," "choose occasionally," or "choose rarely" based on their nutritional contribution to a total healthy diet.

Each public and chartered nonpublic school must use this software to determine the nutritional value of each a la carte food item available for sale at the school.  At least 20% of the a la carte food items available to students through the school food service program, vending machines, and the school store must be in the "best choice" category and no more than 15% of the a la carte items may be in the "choose rarely" category.  As with the beverage restrictions, the food restrictions apply to each individual source of a la carte food items and must be observed during the regular school day and during before- and after-school programs for students.

Contracts with food or beverage producers or distributors

(Section 4)

Many schools have exclusive contracts with food or beverage vendors under which the school sells the vendor's products in exchange for donations to the school or a percentage of the product sales.  This income is used by schools for many purposes, such as buying supplies or supporting extracurricular activities.

If, on the bill's effective date, a school district or a public or chartered nonpublic school has an existing contract with a producer or distributor of a food or beverage that requires the sale of the food or beverage in violation of the bill's provisions, the district or school is exempt from those provisions until the contract expires.  If the contract is renewed, the new contract must comply with the bill's provisions.  Otherwise, though, districts and schools must take into account the bill's restrictions on food and beverage sales, and vendor contracts entered into after the bill's effective date must comply with the restrictions when they take effect in the 2008-2009 school year.

Federal regulation of food and beverage sales

(R.C. 3313.816(C) and 3313.817(D))

The bill specifies that if, after July 1, 2007, the U.S. Department of Agriculture adopts regulations for the sale of a la carte food or beverage items in schools, the federal regulations supersede the bill's restrictions on those sales.  It also explicitly requires chartered nonpublic schools to comply with the federal regulations, regardless of whether the U.S. Department of Agriculture applies the regulations to private schools.  Therefore, under the bill, school districts, community schools, and chartered nonpublic schools would have to comply with the federal regulations instead, even if the federal regulations are less stringent than the bill's provisions.

Compliance check

(R.C. 3313.816(D) and 3313.817(E))

The bill requires the Department of Education to determine whether each school district, community school, and chartered nonpublic school is in compliance with the bill's restrictions on food and beverage sales (or applicable federal regulations, if adopted (see above)).  The Department may make its determination in conjunction with any regular review of the school's food service program, as long as the review is conducted at least once every five years.

Adoption of standards for food and beverage sales by districts and schools

(R.C. 3313.814 and 3314.03(A)(11)(d))

Continuing law requires school districts to adopt standards governing the types of food that may be sold on school premises.  These standards must specify the time and place each type of food may be sold.  In adopting its standards, a district must consider each food's nutritional value.

The bill applies the requirement for the adoption of standards for food sales to community schools and chartered nonpublic schools.  It also requires all school districts, community schools, and chartered nonpublic schools to adopt standards for beverage sales on school premises, including time and place restrictions.  Besides considering the nutritional value of foods and beverages, districts and schools must consult the Dietary Guidelines for Americans and, to the maximum extent possible, incorporate the guidelines into their standards.  Each district's and school's standards must comply with the bill's provisions regulating the nutritional content and times of sale for foods and beverages, but a district or school may adopt stricter standards if it chooses.  As it is currently required to do for food sales, the State Board of Education must adopt guidelines for beverage sales, which districts and schools may follow in developing their standards.

Placement of vending machines

(R.C. 3313.814(C))

The food and beverage standards adopted by districts and schools generally must prohibit the placement of vending machines in classrooms where students are provided instruction.  The bill makes an exception for instructional spaces where students also are served meals.  For instance, if a school's cafeteria doubles as a classroom during the school day, it would not be necessary to remove vending machines from that area.  Nevertheless, vending machines may be placed anywhere if they sell only milk, federally subsidized complete meals, or food and beverage items that are part of a federally subsidized complete meal and are sold as individually priced items in serving portions of the same size as in the complete meal.

Annual compliance report

(R.C. 3313.814(D))

Each school district, community school, and chartered nonpublic school must designate staff to be responsible for seeing that the district or school meets the food and beverage standards it adopts.  The staff must prepare an annual report regarding compliance with the standards.  This report must be submitted to the Department of Education and the Ohio Child Wellness Advisory Council (see "Ohio Child Wellness Advisory Council" above).  In addition, the district board of education or school governing authority must schedule a presentation on the report at one of its regular meetings.  Copies of the report must be made available to parent organizations and the public upon request.

School nutrition and physical activity committees

(R.C. 3313.82 and 3314.03(A)(11)(d))

The bill requires that each school district, community school, and chartered nonpublic school establish a school nutrition and physical activity committee.  A district's or school's committee must be made up of representatives of the district's board of education or the school's governing authority, and of parents, students, administrators, teachers (including physical education and health teachers), personnel responsible for school food service programs, school nurses, and the public.

Each school nutrition and physical activity committee must do all of the following:

(1)  Adopt and oversee implementation of the district's or school's local wellness policy, as prescribed under federal law and the bill (see "Local wellness policies" below);

(2)  Promote the benefits of healthy eating and physical activity to students, parents, teachers, administrators, and the community;

(3)  Promote the inclusion of nutrition education and physical education and activity in the district's or school's daily educational program in grades from pre-K to 12 and in school-based activities that occur outside of the regular school day; and

(4)  Using an assessment tool identified by the Ohio Child Wellness Advisory Council, prepare an annual report describing compliance with the local wellness policy and progress in meeting the policy's goals.[11]  (Also, if a school district has developed a three-year continuous improvement plan under the state academic accountability system, the district's report must include an analysis of the district's or building's implementation of the strategies described in the plan for improving the nutrition and physical education and activity of students (see "Continuous improvement plans" below).)

Local wellness policies

(R.C. 3313.82(B))

Section 204 of the federal Child Nutrition and WIC Reauthorization Act of 2004 requires each school that accepts federal funding for school nutrition, lunch, or breakfast programs to establish a local school wellness policy.  Each policy must include nutrition guidelines and goals for nutrition education, physical activity, and other school-based activities to promote student wellness.[12]

The bill requires each school district, community school, and chartered nonpublic school to have a local wellness policy apparently regardless of whether it has a federally funded nutrition, lunch, or breakfast program.  It specifies that each district's or school's local wellness policy must comply with the federal requirements for the content of the policy.

But it also prescribes additional content requirements.  First, each policy's nutrition guidelines must include (1) the new food and beverage standards adopted by the district or school, as required in other provisions of the bill (see "Restrictions on food and beverage sales in schools" above), and (2) must apply those standards to food and beverages available in the school food service program, vending machines located on school property, and any store operated by the school, a student association, or other school-sponsored organization.   Presumably, the exception for a la carte items sold in connection with a fundraiser held outside of the regular school day that applies to the school nutrition standards also applies to how those standards are applied in the district's or school's local wellness policy.

Second, the policy must include physical education and activity guidelines for both during and outside of the regular school day.

Department of Education determination

(R.C. 3313.82(C))

The bill requires the Department of Education, at least once every five years, to determine whether each school district, community school, and chartered nonpublic school has established a school nutrition and physical activity committee, and whether each committee has adopted and implemented a local wellness policy that complies with the bill's provisions.  This determination may be in conjunction with the Department's regular review of the school food service program operated by the district or school.  The bill does not specify what, if anything, the Department or a district or school is to do with or in reaction to the Department's determination.

School breakfasts

(R.C. 3313.813 and 3314.18)

Continuing law requires each school district and each community school to establish a breakfast program pursuant to the "National School Lunch Act" and the federal "Child Nutrition Act of 1966" if at least one-fifth of the pupils in the school are eligible under federal requirements[13] for free breakfasts.  In addition, each school district (but not a community school) must establish a breakfast program in every school in which the parents of at least one-half of the students enrolled in the school have requested that the program be established.  If a board of education of a school district where at least one-fifth of the pupils are eligible determines that it cannot afford to provide a breakfast program, it may choose not to comply with the requirements.  If a district board chooses not to comply, the district board must publicly communicate to the residents of the district, in the manner it determines appropriate, of its decision not to comply.  However, continuing law also requires that district boards of every school where at least one-third of the pupils are eligible under federal requirements for free breakfasts establish a breakfast program.  Community schools and nonpublic schools that are not otherwise required to have a lunch or breakfast program may do so and receive federal funds for that program.

Beginning July 1, 2008, the bill requires each school district, community school, and chartered nonpublic school that participates in a breakfast program to provide free breakfasts to each pupil who is eligible under federal requirements for a reduced price breakfast in each fiscal year in which the General Assembly appropriates funds to pay for those free breakfasts.

Nutrition certificates

(R.C. 3314.03(A)(11)(d), 3319.223, 3319.29, 3319.291, and 3319.31)

The bill requires that people hired on or after July 1, 2009, to oversee the daily operations of a school food service program in a school district, community school, or chartered nonpublic school hold a new "school nutrition certificate," which the State Board of Education is required to begin issuing by that date.  The certificate is valid for five years, and the State Board must adopt rules that establish the educational requirements for obtaining a certificate, including coursework in nutrition, food safety, student wellness, and other topics of school nutrition programming.  In addition, the rules must include alternative credentials to qualify certification applicants without further coursework.  All certificate holders must complete continuing education approved by the State Board in order to renew the certificate.

Anyone hired before July 1, 2009, to oversee the daily operations of a school food service program must obtain a school nutrition certificate by June 30, 2011.

Continuous improvement plans

(R.C. 3302.04)

Under continuing state law, when a school district is notified by the Department of Education that the district or a building within the district has failed to make adequate yearly progress (as defined by the federal No Child Left Behind Act of 2001) for two consecutive school years, the district must develop a three-year continuous improvement plan for the district or building. The plan must include (1) an analysis of the reasons for the failure of the district or building, (2) specific strategies that the district or building will use to address the problems in academic achievement, (3) identification of the resources that the district will use towards improving academic achievement, (4) a description of any progress that the district or building made in the preceding year toward academic achievement, (5) an analysis of how the district is utilizing state professional development standards, and (6) strategies that the district or building will use to improve cultural competency.  At least one public hearing must be held within the affected school district or building before the plan is developed or adopted.

The bill adds to the required content of the continuous improvement plan an analysis of how the school district or building implements strategies to improve the nutrition and physical education and activity of students.

Physical education coordinator

(R.C. 3301.20)

The bill requires the Department of Education to employ a physical education coordinator on a full-time basis.  The physical education coordinator must provide guidance and technical assistance to school districts, community schools, and chartered nonpublic schools regarding physical education and physical activity for students.

HISTORY

ACTION

DATE

 

 

Introduced

06-05-07

 

 

 

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[1] According to its web site, the State Planning Committee for Health Education in Ohio is a coalition of "over forty government agencies, universities, voluntary health organizations and professional associations dedicated to maintaining and enhancing the health of Ohio’s citizens" (see http://www.spcheo.org).

[2] Ohio Action for Healthy Kids is a coalition of child education, fitness, nutrition and health organizations with the stated goal to expand "awareness of the child health crisis and providing education and resources to Ohio schools"  (see http://www.ohioactionforhealthykids.org/about_us/).

[3] The Ohio Association for Health, Physical Education, Recreation and Dance is a professional organization of pre-kindergarten through higher education instructors (see http://www.ohahperd.org/displaycommon.cfm?an=1).

[4] The Ohio Society for Public Health Education is a professional organization of individuals involved in health education in a variety of settings including health departments, schools, universities, colleges, worksites, nonprofit agencies, and health care settings (see http://www.ohiosophe.org/).

[5] The School Physical Fitness and Wellness Advisory Council was established by Section 206.10.12 of Am. Sub. H.B. 66 of the 126th General Assembly (the general operating budget act for the 2005-2007 biennium) and charged with developing, by December 31, 2005, best practices guidelines and evaluation strategies for school districts regarding nutrition education, physical activity for students, and student wellness.  That Council issued its report entitled "Healthier Schools:  A Brighter Tomorrow," which is posted on the Department of Education's web site (see http://www.ode.state.oh.us/gd/
templates/pages/ODE/ODEPrinterFriendlyPage.aspx?page=3&TopicRelationID=1238&ContentID=7374&Content=17415).  In accordance with Section 206.10.12, that Council ceased to exist when it issued its report.

[6] See http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEPrimary.aspx?Page=2&
TopicID=1243&TopicRelationID=1249.

[7] R.C. 3301.0718, not in the bill.  Continuing law also specifies that before either house may vote on a concurrent resolution approving health or physical education standards, curricula, or revisions, its standing committee must hold at least one public hearing on the matter.

[8] A latchkey program provides school-age students with child care outside of regular school hours (R.C. 3313.207, not in the bill).

[9] The bill states that sports drinks do not include beverages designed to enhance energy through sugar or caffeine additives (R.C. 3313.814(A)(6)).

[10] The dietary guidelines are jointly developed by the U.S. Department of Agriculture and the U.S. Department of Health and Human Services.  They are published every five years, with the most recent edition published in 2005.  (See www.health.gov/
dietaryguidelines/dga2005/document/
.)

[11] The report must be submitted to the Department of Education; the Ohio Child Wellness Advisory Council; the district's board and superintendent or, in the case of a community or nonpublic school, the school's governing authority.  The district or school must provide a copy of the report to the parent of each student enrolled in the district or school.

[12] 42 U.S.C. 1751 note.  The policies had to be in place by the first day of the school year that began after June 30, 2006.

[13] Under federal guidelines for the 2007-2008 school year, a pupil whose family income is at or below 185% of the federal poverty guidelines is eligible for reduced price meals, and a pupil whose family income is at or below 130% of the poverty guidelines is eligible for free meals.  U.S. Department of Agriculture, Food and Nutrition Service, Child Nutrition Programs--Income Eligibility Guidelines, Federal Register/Vol. 72, No. 38/Tuesday, February 27, 2007, p. 8685.