General Assembly Substitute Bill No. 767
January Session, 2017 *_____SB00767ED____041217____*
General Assembly
Substitute Bill No. 767
January Session, 2017
*_____SB00767ED____041217____*
AN ACT CONCERNING CHILDHOOD OBESITY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2017) (a) For the purposes of this section and sections 2 and 3 of this act, "child care center" and "group child care home" have the same meanings as provided in section 19a-77 of the general statutes.
(b) Each child care center and group child care home shall comply with the child and adult care food program meal pattern requirements set forth in 7 CFR 226.20, as amended from time to time.
(c) Each child care center and group child care home shall make potable drinking water available and accessible to children in the care of such center or home throughout the day, including at all meals.
Sec. 2. (NEW) (Effective October 1, 2017) Each child care center and group child care home shall provide children three years of age and older in the care of such center or home opportunities for moderate and vigorous physical activity. Whenever possible, such physical activity shall take place outdoors. The provisions of this section shall not apply to a child in the care of such center or home that is experiencing a disability or developmental delay, as defined in section 10-76a of the general statutes, that prevents such child from engaging in such physical activity.
Sec. 3. (NEW) (Effective October 1, 2017) (a) No child care center or group child care home shall provide access to mobile cellular telephones, laptop and desktop computers or equipment that is capable of playing a video game or digital video disk to children under two years of age in the care of such center or home.
(b) Each child care center and group child care home shall restrict access to mobile cellular telephones, laptop and desktop computers or equipment that is capable of playing a video game or digital video disk by children two years of age and older in the care of such center or home to not more than sixty minutes per day for children enrolled in a full-time program and not more than thirty minutes per day for children enrolled in a half-day program.
(c) The provisions of this section shall not apply to a child in the care of such center or home that is experiencing a disability or developmental delay, as defined in section 10-76a of the general statutes, and requires the use of such devices as a result of such disability or delay.
Sec. 4. Section 10-203a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Not later than January 1, 2007, the Department of Education shall (1) develop guidelines for addressing the physical health needs of students in a comprehensive manner that coordinates services, including services provided by municipal parks and recreation departments, and (2) make available to each local and regional board of education a copy of the guidelines. The department shall develop the guidelines after consultation with (A) the chairpersons and ranking members of [(i)] the joint standing [committee] committees of the General Assembly having cognizance of matters relating to education [, and (ii) the select committee of the General Assembly having cognizance of matters relating to] and children, (B) at least one state-wide nonprofit organization with expertise in child wellness or physical exercise, and (C) the Connecticut Recreation and Parks Association. The guidelines shall not be deemed to be regulations, as defined in section 4-166. Not later than April 1, 2018, the department shall update the guidelines to include the items described in subdivision (2) of subsection (b) of this section. Local and regional boards of education may establish and implement plans based on the guidelines in accordance with subsection (c) of this section.
(b) The guidelines shall include, but need not be limited to: (1) Plans for engaging students in daily physical exercise during regular school hours and strategies for engaging students in daily physical exercise before and after regular school hours in coordination with municipal parks and recreation departments, (2) optional plans for engaging students enrolled in after-school programs in a minimum of twenty consecutive minutes of daily physical exercise, (3) strategies for coordinating school-based health education, programs and services, [(3)] (4) procedures for assessing the need for community-based services such as services provided by school-based health clinics, municipal parks and recreation departments, family resource centers and after-school programs, and [(4)] (5) procedures for maximizing monetary and other resources from local, state and federal sources to address the physical health needs of students.
(c) [Not later than April 1, 2007] For the school year commencing July 1, 2018, and each school year thereafter, each local and regional board of education may (1) establish a comprehensive and coordinated plan to address the physical health needs of students, [and] (2) base its plan on the guidelines developed pursuant to subsection (a) of this section, [. The board may] and (3) implement such plan. [for the 2007-2008 school year and may have a plan in place for each school year thereafter.]
Sec. 5. Section 10-221o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Each local and regional board of education shall require each school under its jurisdiction to (1) offer all full day students a daily lunch period of not less than twenty minutes, and (2) include in the regular school day for each student enrolled in [elementary school] preschool through fifth grade time devoted to physical exercise of not less than twenty consecutive minutes in total, except that a planning and placement team may develop a different schedule for a child requiring special education and related services in accordance with chapter 164 and the Individuals With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time. In the event of a conflict with this section and any provision of chapter 164, such other provision of chapter 164 shall be deemed controlling.
(b) (1) Not later than October 1, 2013, each local and regional board of education shall adopt a policy, as the board deems appropriate, concerning the issue regarding any school employee being involved in preventing a student from participating in the entire time devoted to physical exercise in the regular school day, pursuant to subsection (a) of this section, as a form of discipline. For purposes of this section, "school employee" means [(1)] (A) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or working in a public elementary, middle or high school; or [(2)] (B) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education.
(2) Not later than January 1, 2018, the governing council of each local and state charter school shall adopt a policy concerning school employees preventing a student from participating in the entire time devoted to physical exercise in the regular school day, pursuant to subsection (a) of this section, as a form of discipline. The policy adopted pursuant to this subdivision shall apply only to school employees employed by a local or state charter school.
Sec. 6. Section 10-221u of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Not later than October 1, 2013, each local and regional board of education shall adopt a policy, as the board deems appropriate, concerning the issue regarding any school employee being involved in requiring any student enrolled in grades kindergarten to twelve, inclusive, to engage in physical activity as a form of discipline during the regular school day. For purposes of this section, "school employee" means (1) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or working in a public elementary, middle or high school; or (2) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education.
(b) Not later than January 1, 2018, the governing council of each local and state charter school shall adopt a policy concerning school employees involved in requiring any student enrolled in kindergarten through twelfth grade to engage in physical activity as a form of discipline during the regular school day. The policy adopted pursuant to this subsection shall apply only to school employees employed by a local or state charter school.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2017 New section
Sec. 2 October 1, 2017 New section
Sec. 3 October 1, 2017 New section
Sec. 4 October 1, 2017 10-203a
Sec. 5 October 1, 2017 10-221o
Sec. 6 October 1, 2017 10-221u
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017
New section
Sec. 2
October 1, 2017
New section
Sec. 3
October 1, 2017
New section
Sec. 4
October 1, 2017
10-203a
Sec. 5
October 1, 2017
10-221o
Sec. 6
October 1, 2017
10-221u
KID Joint Favorable Subst.
ED Joint Favorable
KID
Joint Favorable Subst.
ED
Joint Favorable