Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE ENROLLED ACT No. 111
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-26-9-2; (06)SE0111.1.1. -->
SECTION 1. IC 20-26-9-2, AS ADDED BY P.L.1-2005, SECTION
10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2006]: Sec. 2. (a) This subsection applies before July 1, 2007. As
used in this chapter, "qualifying school building" refers to a public
school building in which:
(1) at least twenty-five percent (25%) of the students who were
enrolled at that school building during the prior school year
qualified for free or reduced price lunches under guidelines
established under 42 U.S.C. 1758(b); and
(2) lunches are served to students.
(b) This subsection applies after June 30, 2007. As used in this
chapter, "qualifying school building" refers to a public school
building in which:
(1) at least fifteen percent (15%) of the students who were
enrolled at that school building during the prior school year
qualified for free or reduced price lunches under guidelines
established under 42 U.S.C. 1758(b); and
(2) lunches are served to students.
SOURCE: IC 20-26-9-18; (06)SE0111.1.2. -->
SECTION 2. IC 20-26-9-18 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Sec. 18. (a) Before July 1, 2007, each school board shall
establish a coordinated school health advisory council (referred to
as the "advisory council" in this section). The advisory council may
review the corporation's wellness policies on a yearly basis and
suggest to the school board for approval changes to the policies
that comply with the requirements of federal Public Law 108-265
and IC 5-22-15-24(c) before July 1 of each year. The advisory
council must hold at least one (1) hearing at which public testimony
about the local wellness policy being developed is allowed.
(b) The school board shall appoint the members of the advisory
council, which must include the following:
(1) Parents.
(2) Food service directors and staff.
(3) Students.
(4) Nutritionists or certified dietitians.
(5) Health care professionals.
(6) School board members.
(7) A school administrator.
(8) Representatives of interested community organizations.
(c) The school board shall adopt a school district policy on child
nutrition and physical activity that takes into consideration
recommendations made by the advisory council.
(d) The department shall, in consultation with the state
department of health, provide technical assistance to the advisory
councils, including providing information on health, nutrition, and
physical activity, through educational materials and professional
development opportunities. The department shall provide the
information given to an advisory council under this subsection to
a school or parent upon request.
SOURCE: IC 20-26-9-19; (06)SE0111.1.3. -->
SECTION 3. IC 20-26-9-19 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Sec. 19. (a) This section does not apply to a food or
beverage item that is:
(1) part of a school lunch program or school breakfast
program;
(2) sold in an area that is not accessible to students;
(3) sold after normal school hours; or
(4) sold or distributed as part of a fundraiser conducted by
students, teachers, school groups, or parent groups, if the food
or beverage is not intended for student consumption during
the school day.
However, this section applies to a food or beverage item that is sold
in the a la carte line of a school cafeteria and is not part of the
federal school lunch program or federal school breakfast program.
(b) A vending machine at an elementary school that dispenses
food or beverage items may not be accessible to students.
(c) At least fifty percent (50%) of the food items available for
sale at a school or on school grounds must qualify as better choice
foods and at least fifty percent (50%) of the beverage items
available for sale at a school or on school grounds must qualify as
better choice beverages. Food and beverage items are subject to the
following for purposes of this subsection:
(1) The following do not qualify as better choice beverages:
(A) Soft drinks, punch, iced tea, and coffee.
(B)
Fruit or vegetable based drinks that contain less than
fifty percent (50%) real fruit or vegetable juice or that
contain additional caloric sweeteners.
(C)
Except for low fat and fat free chocolate milk, drinks
that contain caffeine.
(2) The following qualify as better choice beverages:
(A) Fruit or vegetable based drinks that:
(i)
contain at least fifty percent (50%) real fruit or
vegetable juice; and
(ii)
do not contain additional caloric sweeteners.
(B)
Water and seltzer water that do not contain additional
caloric sweeteners.
(C)
Low fat and fat free milk, including chocolate milk, soy
milk, rice milk, and other similar dairy and nondairy
calcium fortified milks.
(D) Isotonic beverages.
(3) Food items that meet all the following standards are
considered better choice foods:
(A) Not more than thirty percent (30%) of their total
calories are from fat.
(B)
Not more than ten percent (10%) of their total calories
are from saturated and trans fat.
(C) Not more than thirty-five percent (35%) of their
weight is from sugars that do not occur naturally in fruits,
vegetables, or dairy products.
(d) A food item available for sale at a school or on school
grounds may not exceed the following portion limits if the food
item contains more than two hundred ten (210) calories:
(1) In the case of potato chips, crackers, popcorn, cereal, trail
mixes, nuts, seeds, dried fruit, and jerky, one and seventy-five
hundredths (1.75) ounces.
(2) In the case of cookies and cereal bars, two (2) ounces.
(3) In the case of bakery items, including pastries, muffins,
and donuts, three (3) ounces.
(4) In the case of frozen desserts, including ice cream, three
(3) fluid ounces.
(5) In the case of nonfrozen yogurt, eight (8) ounces.
(6) In the case of entree items and side dish items, including
french fries and onion rings, the food item available for sale
may not exceed the portion of the same entree item or side
dish item that is served as part of the school lunch program or
school breakfast program.
(e) A beverage item available for sale at a school or on school
grounds may not exceed twenty (20) ounces.
SOURCE: IC 20-30-5-7.5; (06)SE0111.1.4. -->
SECTION 4. IC 20-30-5-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 7.5. (a) This section does not apply to a student who:
(1) is in half-day kindergarten; or
(2) has a medical condition that precludes participation in the
daily physical activity provided under this section.
(b) Beginning in the 2006-2007 school year, the governing body
of each school corporation shall provide daily physical activity for
students in elementary school. The physical activity must be
consistent with the curriculum and programs developed under
IC 20-19-3-6 and may include the use of recess. On a day when
there is inclement weather or unplanned circumstances have
shortened the school day, the school corporation may provide
physical activity alternatives or elect not to provide physical
activity.
SOURCE: ; (06)SE0111.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2006] (a) IC 20-26-9-19, as
added by this act, does not apply to a contract that:
(1) was executed before July 1, 2006;
(2) takes effect not later than July 1, 2006; and
(3) requires a governing body of a school corporation to allow
the sale of:
(A) soft drinks and similar beverages; or
(B) food;
with no or low nutritional value, as defined by the United
States Department of Agriculture, from vending machines or
other dispensing units during school hours.
However, the governing body may not renew a contract described
in this SECTION and, after the contract expires, must comply with
IC 20-26-9-19, as added by this act.
(b) This SECTION expires July 1, 2011.
SOURCE: ; (06)SE0111.1.6. -->
SECTION 6. [EFFECTIVE JULY 1, 2006]
(a) Notwithstanding
IC 20-26-9-19(c), as added by this act, the following percentages of
foods and beverages sold at school or on school grounds must
qualify as a better choice food or a better choice beverage, as
described in IC 20-26-9-19(c), as added by this act:
(1) Thirty-five percent (35%), beginning July 1, 2006, through
August 31, 2007.
(2) Fifty percent (50%), beginning September 1, 2007.
(b) This SECTION expires December 31, 2008.
SEA 111 _ Concur
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