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Bill
Notes

Title I — Healthier kids and schools

S. 39 · 113th Congress · Jan 22, 2013 · Lineage

I Healthier kids and schools

Sec. 101 Nutrition and physical activity in child care quality improvement

(a)
State plan— Section 658E(c)(2)(F) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(F)) is amended in the second sentence—
(1)
by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III) and indenting the margins so as to match the margins of subclause (I) of section 658E(c)(2)(A)(i);
(2)
by striking “requirements shall include—” and inserting “requirements—

“(i) shall include—”

(3)
by striking the period and inserting “; and”; and
(4)
by adding at the end the following:

“(ii) may include requirements relating to standards for nutrition and access to physical activity.”

(b)
Activities To improve the quality of child care— Section 658G of that Act (42 U.S.C. 9858e) is amended by adding at the end the following: “Funds reserved under this section may be used to support State or local efforts to develop or adopt high-quality program standards relating to health, mental health, nutrition, physical activity, and physical development or to provide resources to enable eligible child care providers to meet, exceed, or sustain success in meeting or exceeding such standards. Such standards shall take into account existing empirical studies and research and existing standards that have been approved by accrediting bodies.”.

Sec. 102 Access to local foods and school gardens at preschools and child care

Section 18(g) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)) is amended—
(1)
by striking paragraph (1) and inserting the following:

“(1) Definitions—In this subsection:

“(A) Child care center—The term child care center means a child care center participating in the program under section 17 (other than a child care center that solely participates in the program under subsection (r) of that section).

“(B) Eligible school—The term eligible school means a school or institution that participates in a program under this Act or the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

“(C) Sponsoring organization—The term sponsoring organization means an institution described in subparagraphs (C), (D), or (E) of section 17(a)(2).”

(2)
in paragraph (2)—
(A)
by inserting “child care centers, sponsoring organizations for home-based care,” after “eligible schools,”; and
(B)
by inserting “, child care centers, and sponsoring organizations for home-based care” before the period at the end;
(3)
in paragraph (5)—
(A)
in subparagraph (A), by inserting “, child care center, or sponsoring organization for home-based care” after “eligible school”; and
(B)
in subparagraph (D), by inserting “child care centers, sponsoring organizations for home-based care,” after “eligible schools,”; and
(4)
in paragraph (7), in the matter preceding subparagraph (A), by inserting “child care centers, sponsoring organizations for home-based care,” after “eligible schools,”.

Sec. 103 Fresh fruit and vegetable program

Section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) is amended—
(1)
by striking subsections (c) and (d) and inserting the following:

“(c) School participation

“(1) In general—Each State shall carry out the program in each elementary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) in the State—

“(A) in which not less than 50 percent of the students are eligible for free or reduced price meals under this Act; and

“(B) that submits an application in accordance with paragraph (2).

“(2) Application

“(A) In general—An interested elementary school shall submit to the State an application containing—

“(i) information pertaining to the percentage of students enrolled in the school who are eligible for free or reduced price school lunches under this Act;

“(ii) a certification of support for participation in the program signed by the school food manager, the school principal, and the district superintendent (or equivalent positions, as determined by the school);

“(iii) a plan for implementation of the program, including efforts to integrate activities carried out under this section with other efforts to promote sound health and nutrition, reduce overweight and obesity, or promote physical activity; and

“(iv) such other information as may be requested by the Secretary.

“(B) Partnerships—Each State shall encourage interested elementary schools to submit a plan for implementation of the program that includes a partnership with 1 or more entities that will provide non-Federal resources (including entities representing the fruit and vegetable industry).”

(2)
by striking subsection (i) and inserting the following:

“(i) Funding

“(1) In general—Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section such sums as are necessary, to remain available until expended.

“(2) Receipt and acceptance—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.”

(3)
by redesignating subsections (e) through (i) as subsections (d) through (h), respectively.

Sec. 104 Equal physical activity opportunities for students with disabilities

(a)
In general— Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) is amended by adding at the end the following:

“511. Equal physical activity opportunities for students with disabilities

“(a) In general—The Secretary shall promote equal opportunities for students with disabilities to be included and to participate in physical education and extracurricular athletics implemented in, or in conjunction with, elementary schools, secondary schools, and institutions of higher education, by ensuring the provision of appropriate technical assistance and guidance for schools and institutions described in this subsection and their personnel.

“(b) Technical assistance and guidance—The provision of technical assistance and guidance described in subsection (a) shall include—

“(1) providing technical assistance to elementary schools, secondary schools, local educational agencies, State educational agencies, and institutions of higher education, regarding—

“(A) inclusion and participation of students with disabilities, in a manner equal to that of the other students, in physical education opportunities (including classes), and extracurricular athletics opportunities, including technical assistance on providing reasonable modifications to policies, practices, and procedures, and providing supports to ensure such inclusion and participation;

“(B) provision of adaptive sports programs, in the physical education and extracurricular athletics opportunities, including programs with competitive sports leagues or competitions, for students with disabilities; and

“(C) responsibilities of the schools, institutions, and agencies involved under section 504, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and any other applicable Federal law to provide students with disabilities equal access to extracurricular athletics;

“(2) facilitating information sharing among the schools, institutions, and agencies, and students with disabilities, on ways to provide inclusive opportunities in physical education and extracurricular athletics for students with disabilities; and

“(3) monitoring the extent to which physical education and extracurricular athletics opportunities for students with disabilities are implemented in, or in conjunction with, elementary schools, secondary schools, and institutions of higher education.

“(c) Definitions—In this section:

“(1) Agencies—The terms local educational agency and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(2) Schools—The terms elementary school, secondary school, and institution of higher education mean an elementary school, secondary school, or institution of higher education, respectively (as defined in section 9101 of the Elementary and Secondary Education Act of 1965), that receives or has 1 or more students who receive, Federal financial assistance.

“(3) Student with a disability

“(A) In general—The term student with a disability means an individual who—

“(i) attends an elementary school, secondary school, or institution of higher education; and

“(ii) who—

“(I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or

“(II) is an individual with a disability, for purposes of section 504 or the Americans with Disabilities Act of 1990.

“(B) Students with disabilities—The term students with disabilities means more than 1 student with a disability.”

(b)
Table of contents— The table of contents in section 1(b) of the Rehabilitation Act of 1973 is amended by inserting after the item relating to section 509 the following:

Sec. 105 Physical activity in school settings

(a)
Annual State report card— Section 1111(h)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended—
(1)
in clause (vii), by striking “and” after the semicolon;
(2)
in clause (viii), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:

“(ix) the average number of minutes during the school day that all students spend in required physical education, and the average number of minutes that such students engage in moderate to vigorous physical activity during the school day, as measured against the most recent established and recommended guidelines of the Centers for Disease Control and Prevention and the Secretary of Health and Human Services;

“(x) the percentage of local educational agencies that have a required, age-appropriate, physical education curriculum that adheres to the most recent guidelines developed by the Centers for Disease Control and Prevention and State standards;

“(xi) the percentage of elementary school and secondary school physical education teachers who are licensed or certified to teach physical education in the State;

“(xii) the percentage of elementary schools and secondary schools that have a physical education teacher who is certified or licensed to teach in the State and who also is certified or licensed in adapted physical education;

“(xiii) the number of indoor square feet and the number of outdoor square feet used primarily for physical education or physical activity by elementary schools and secondary schools; and

“(xiv) the percentage of local educational agencies that have a school wellness council that—

“(I) includes members appointed by the superintendent of the local educational agency and may include parents, students, representatives of the school food authority, representatives of the school board, school administrators, and members of the public; and

“(II) meets regularly to promote a healthy school environment.”

(b)
Physical education as a core subject— Section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11)) is amended by inserting “physical education,” after “economics, arts,”.
(c)
21st Century learning communities—
(1)
Purpose; definitions— Section 4201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171) is amended—
(A)
in subsection (a)(2), by inserting “nutrition education programs, structured physical activity programs,” after “recreation programs,”; and
(B)
in subsection (b)(1)(A), by inserting “nutrition education, structured physical activity,” after “recreation,”.
(2)
Local activities— Section 4205(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7175(a)) is amended—
(A)
in paragraph (11), by striking “and” after the semicolon;
(B)
in paragraph (12), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:

“(13) programs that support a healthy, active lifestyle, including nutritional education and regular, structured physical activity programs.”

(d)
Parental involvement— Section 1118(d)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6318(d)(1)) is amended—
(1)
by inserting “, healthy,” after “supportive”;
(2)
by striking “; and participating” and inserting “; participating”; and
(3)
by inserting after “extracurricular time;” the following: “and supporting their children in leading a healthy and active life, such as by providing healthy meals and snacks, encouraging participation in physical education, and sharing in physical activity outside the school day to support successful academic achievement;”.
(e)
Local application and needs assessment— Section 2122(b)(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6622) is amended—
(1)
in subparagraph (C), by striking “and” after the semicolon;
(2)
in subparagraph (D), by striking a period and inserting “; and”; and
(3)
by adding at the end the following:

“(E) encourage healthy eating habits and increased physical activity among students to support successful academic achievement.”