MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education; Appropriations
By: Senator(s) Tollison, Jackson (11th)
AN ACT TO AMEND SECTION 37-13-134, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION AND THE STATE DEPARTMENT OF HEALTH TO ESTABLISH A TARGETED COORDINATED SCHOOL HEALTH PILOT PROGRAM BASED UPON THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION STANDARDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-13-134, Mississippi Code of 1972, is amended as follows:
37-13-134. (1) The Legislature recognizes that there is a problem with Mississippi student inactivity and obesity, and therefore requires the following guidelines for school district physical education, health education and physical activity and fitness classes:
Kindergarten through Grade 8: One hundred fifty (150) minutes per week of physical activity-based instruction and forty-five (45) minutes per week of health education instruction, as defined by the State Board of Education.
Grades 9 through 12: 1/2 Carnegie unit requirement in physical education or physical activity for graduation.
All instruction in physical education, health education and physical activity must be based on the most current state standards provided by the State Department of Education.
(2) Beginning with the 2006-2007 school year, each local school board shall, consistent with regulations adopted by the State Board of Education, adopt a school wellness plan which shall promote a healthy lifestyle for Mississippi's school children and staff. Beginning with the 2008-2009 school year, the school wellness plan shall also promote increased physical activity, healthy eating habits and abstinence from the use of tobacco and illegal drugs through programs that incorporate healthy lifestyle choices into core subject areas which may be developed in partnership with the Institute for America's Health.
(3) Beginning with the 2012-2013 school year the State Board of Education in consultation with the State Department of Health, shall have the authority to establish a targeted coordinated school health pilot program to improve student health so that all students can fully participate and be successful in school. A targeted coordinated school health program brings together school administrators, teachers, other staff, students, families, and community members to assess health needs, set priorities, and plan, implement, and evaluate school health activities directed toward improving student health. The targeted coordinated school health pilot program shall be implemented in local school districts based upon the federal centers for disease control and prevention model, as provided in Section (2) of this act.
(4) The pilot program components of the targeted coordinated school health program shall include, but not be limited to, school nutrition services, physical education, healthy school environment, staff health and wellness, family and community involvement, to enhance students health, and promote academic achievement. In formulating this program, the State Department of Education shall consider existing local school district health councils and local school/local health departments and community collaborations to promote and support student health and wellness, as well as other state and local programs and initiatives in this area.
(5) The State Department of Education shall establish regulations for targeted coordinated school health programs, implementation plans, and evaluation of the programs. The standards shall give priority to school health as a means to assist in meeting state education performance indicators. The Department of Education shall provide technical assistance and resources to the local school districts and report annually to the Governor and the State Legislature information on the implementation of and progress in meeting the objectives of the targeted coordinated school health program. In developing the standards for the programs, the Department of Education shall consult with appropriate organizations involved in the areas of student health, health care, nutrition, and fitness.
(6) The Legislature shall appropriate sufficient state-source funds for the State Department of Education to employ a physical activity coordinator to assist districts on current and effective practices and on implementation of physical education and physical activity programs.
(7) The physical activity coordinator employed under Section 37-13-133 must have the qualifications prescribed in any of the following paragraphs, which are listed in the order of preference:
(a) A doctorate in physical education, exercise science or a highly related field, and at least three (3) years of experience in teaching physical education in Grades K-12 or in physical activity promotion/fitness leadership; or
(b) A master's degree in physical education, exercise science or a highly related field, and at least five (5) years of experience in teaching physical education in Grades K-12 or in physical activity promotion/fitness leadership; or
(c) A bachelor's degree in physical education, a teacher's license, and at least seven (7) years of experience in teaching physical education in Grades K-12 or in physical activity promotion/fitness leadership.
(8) The Governor's Commission on Physical Fitness and Sports created under Section 7-1-551 et seq., the Mississippi Council on Obesity Prevention and Management created under Section 41-101-1 et seq., the Task Force on Heart Disease and Stroke Prevention created under Section 41-103-1 et seq., the Mississippi Alliance for Health, Physical Education, Recreation and Dance, and the Mississippi Alliance for School Health shall provide recommendations to the State Department of Education regarding the employment of the physical activity coordinator. The department shall consider the recommendations of those entities in employing the physical activity coordinator.
(9) The physical activity coordinator shall present a state physical activity plan each year to the Governor's Commission on Physical Fitness and Sports, the Mississippi Council on Obesity Prevention and Management, the Task Force on Heart Disease and Stroke Prevention, the Mississippi Alliance for Health, Physical Education, Recreation and Dance, and the Mississippi Alliance for School Health.
(10) The physical activity coordinator shall monitor the districts for adherence to current Mississippi school accountability standards and for implementation of the physical education curriculum on file with the State Department of Education. The State Department of Education shall monitor and act as a clearinghouse for the activities of the local school health councils established pursuant to subsection (8) of this section.
(11) (a) The local school board of each school district shall establish a local school health council for each school which shall ensure that local community values are reflected in the local school's wellness plan to address school health. Such councils shall be established no later than November 1, 2006.
(b) The local school health council's duties shall include, but not be limited to, the following:
(i) Recommend age appropriate curriculum and the number of hours of instruction to be provided in health and physical activity-based education, provided that the number of hours shall not be less than that required by Section 37-13-134;
(ii) Recommend appropriate practices that include a coordinated approach to school health designed to prevent obesity, cardiovascular disease, Type II diabetes and other health risks, through coordination of:
1. Health education;
2. Physical education;
3. Nutritional services;
4. Parental/Community involvement;
5. Instruction to prevent the use of tobacco, drugs and alcohol;
6. Physical activity;
7. Health services;
8. Healthy environment;
9. Counseling and psychological services;
10. Healthy lifestyles; and
11. Staff wellness.
(iii) Provide guidance on the development and implementation of the local school wellness plan.
(c) The local school board shall appoint members to the local school health council. At a minimum, the school board shall appoint one (1) person from each of the following groups:
(i) Parents who are not employed by the school district;
(ii) The director of local school food services;
(iii) Public schoolteachers;
(iv) Public school administrators;
(v) District students;
(vi) Health care professionals;
(vii) The business community;
(viii) Law enforcement;
(ix) Senior citizens;
(x) The clergy;
(xi) Nonprofit health organizations; and
(xii) Faith-based organizations.
(12) Nothing in this section shall be construed to prohibit or limit the sale or distribution of any food or beverage item through fund-raisers conducted by students, teachers, school groups, or parent groups when the items are intended for sale off the school campus.
SECTION 2. (1) Subject to available funding, the State Department of Education, in consultation with State Department of Health, shall establish the targeted coordinated school health grant pilot program to improve student health to assist local school districts in implementing a targeted coordinated school health program. In order to qualify for a targeted coordinated school health grant, a school district shall submit a detailed implementation plan, developed in accordance with the guidelines for a targeted coordinated school health program developed by the State Department of Education, and including the following components:
(a) A dedicated school health coordinator and technical and administrative support for collection of data and program evaluation.
(b) A description of how the school district currently addresses physical activity, nutrition, and other obesity prevention measures.
(c) A description of how the agency would use the state grant to augment what it is currently doing, including defining priorities based on the students' health need and meeting education performance indicators, developing an action plan for addressing those needs based on realistic goals and measurable objectives, establishing a timeline for implementation, and developing and maintaining a system to evaluate progress and outcomes for the program.
(d) All school districts receiving grants will report annually to the State Department of Education progress towards the achievement of state education performance indicators and standards and requirements relating to physical activity and nutrition.
(2) The amount in the coordinated school health grant pilot program shall be limited to the amount appropriated and shall be available to school districts based on the guidelines developed by the State Department of Education.
(3) Any grants made to school district shall be expended to supplement and not supplant any funds already expended as school health programs. For this purpose, expenditures of components enumerated in subsection (2) of this section for the current fiscal year shall be considered the base expenditure on school health and any school district receiving grant funds shall maintain this base.
(a) The amount that each school district is eligible to receive shall be subject to a local match.
(b) There is created in the State Treasury a fund into which any public or private funds from any source shall be deposited for the support of the activities of coordinated school health grant pilot program.
(4) State grants are only for coordination and improvement of school health programs to improve student health in accordance with the detailed plan submitted in accordance with subsection (2) of this section.
(5) The State Department of Education and the State Department of Health shall coordinate existing school health programs, grants and initiatives. To the extent possible, existing contracts and waiver requirements and funding, including Medicaid funding, shall also be coordinated.
(6) The use of grant funds shall be subject to audit by the Office of the State Auditor.
SECTION 3. This act shall take effect and be in force from and after July 1, 2012.