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May 4, 2005
Introduced by Reps. Harrell, Wilkins, Townsend, Leach, Bales, G.R. Smith, J.R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J.E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E.H. Pitts, Ballentine, Bowers, Huggins and Hagood
S. Printed 5/04/05--S.
Read the first time April 18, 2005.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The General Assembly finds that:
(1) South Carolina ranks tenth in the United States for the number of overweight and obese people;
(2) the number of overweight children in South Carolina has tripled since the 1960's;
(3) South Carolina ranks first in the number of strokes, third in heart disease, and tenth in diabetes;
(4) regular physical activity helps to improve strength and endurance, prevents obesity and controls body weight, helps build healthy bones and muscles, and reduces anxiety and stress;
(5) newly completed research shows a significant relationship between academic achievement and physical fitness; and
(6) according to a national report, for the first time in one hundred years the current generation of people will have a shorter life span than the previous generation due to a sedentary lifestyle.
(B) The General Assembly further finds that a child's health impacts his school attendance, readiness to learn, potential learning, and achievement. In this regard, the General Assembly believes that each public elementary school in this State should have a full-time school nurse in order to:
(1) prevent disease by teaching and encouraging healthy lifestyles and habits that have lifelong implications for children and their families;
(2) provide valuable health services, including administering medications and care management necessary for those students who have chronic or episodic health conditions and disabilities; and
(3) care for students who incur injuries at school including injuries that require medical attention.
SECTION 2. This act may be cited as the Students Health and Fitness Act of 2005.
SECTION 3. Title 59 of the 1976 Code is amended by adding:
Section 59-10-10. In accordance with adopted South Carolina Physical Education Curriculum Standards, beginning in school year 2005-06, students in kindergarten through fifth grade must be provided a minimum of one hundred fifty minutes a week of physical education and physical activity. At least sixty minutes a week of the one hundred fifty minutes must be structured, developmentally appropriate, health enhancing physical education that allows for interactive behavior and promotes motor skill development. A certified physical education teacher shall plan these structured activities. Noncertified or supervised adult volunteers may assist in implementing or supervising these structured physical activities if approved by the district superintendent. If volunteers are used, appropriate liability insurance must be provided. Beginning in school year 2007-2008, at least ninety minutes a week of the one hundred fifty minutes must be structured, developmentally appropriate, health enhancing physical education that allows for interactive behavior and promotes motor skill development. In schools having dance education specialists, up to half of the required structured, developmentally appropriate, health enhancing physical activity that allows for interactive behavior and promotes motor skill development may be delivered through dance instruction based on the Healthful Living component of the South Carolina Dance Curriculum Standards and the dance component of the South Carolina Physical Education Standards. Active recess time may be used to satisfy the activity requirement.
Section 59-10-15. (A) The certified physical education teacher to student ratio is designed to provide students in kindergarten through fifth grade scheduled physical education.
(1) Beginning with the 2005-06 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 700 to 1.
(2) Beginning with the 2006-07 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 600 to 1.
(3) Beginning with the 2007-08 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 500 to 1.
(B) Each district shall ensure that the schools in its district have age appropriate equipment and facilities to implement the physical education curriculum standards. An individual student's fitness status must be reported to his parent or guardian during a student's fifth grade, eighth grad, and high school physical education courses.
(C) A student may be exempted from these physical activity requirements by seeking a waiver as outlined in Section 59-29-80(B).
Section 59-10-20. Each public school in this State shall administer the South Carolina Physical Education Assessment. Assessment of students in second grade, fifth grade, eighth grade, and high school must be used to assess the effectiveness of the school's physical education program and its adherence to the South Carolina Physical Education Curriculum Standards. The State Department of Education shall develop a procedure for calculating a district and school physical education program effectiveness score. The district and school physical education effectiveness score must be reported to the education community through the district and school report card.
Section 59-10-30. The physical education teachers in a school that receives an unsatisfactory program effectiveness score pursuant to Section 59-10-20, will be provided professional development activities designed to assist it in improving its programs' effectiveness.
Section 59-10-40. Physical Fitness testing must be administered to students in grades four and five and the scores reported to the parents and guardians of each student.
Section 59-10-50. Appropriate professional development must be provided to teachers and volunteers on the importance of physical activity for young children and the relationship of activity to academic performance and healthy lifestyles.
Section 59-10-60. Each elementary school shall designate a physical education teacher to serve as its Physical Education Activity Director. The Physical Education Activity Director shall coordinate opportunities for additional physical activity for students and teachers that exceed the designated weekly student instruction times that may include, but not be limited to, before, during, and after school dance instruction, fitness trail programs, intramural programs, bicycling programs, walking programs, and activities designed to promote physical activity opportunities in the classroom. The director annually shall submit to the principal a report outlining the additional physical activities for students and teachers.
Section 59-10-70. Increased instruction in physical education pursuant to Section 59-10-10 is not to replace or reduce time dedicated to instruction in the arts taught by certified arts specialists.
Section 59-10-210. Beginning with the 2006-07 school year, the State Department of Education shall make any funds appropriated to provide licensed nurses for elementary schools available through a grant program and shall distribute the funds to the local school districts on a per school basis.
Section 59-10-310. In an effort to promote optimal healthy eating patterns, the State Board of Education by policy shall establish requirements for elementary school food service meals and competitive foods based upon the recommendations outlined in the State Department of Education Task Force on Student Nutrition and Physical Activity Report, National School Lunch Act and the most recent applicable Dietary Guidelines for Americans.
Section 59-10-320. The State Department of Education shall make available to each school district a coordinated school health model designed to address health issues of children. The program must provide for coordinating the following eight components: safe and healthy environment, physical education, health education, staff wellness, health services, nutrition services, guidance services, and parent and community involvement. The Department of Education shall notify each school district of the availability of professional development opportunities and provide technical assistance for implementing the coordinated school health model.
Section 59-10-330. (A) An elementary school may not provide to students at any time during the school day foods of minimal nutritional value except in the case of medical emergency and special occasions celebrated during school hours. However, this policy does not restrict the food that a parent or guardian may provide for his child's consumption at school. A school district board of trustees may adopt a more restrictive policy.
(B) An elementary school may not sell from public areas food, soda, and other beverages that do not meet state and USDA guidelines as a healthy snack. Each district's Coordinated School Health Advisory Council established pursuant to Section 59-10-340 shall determine which food, soda, and other beverages may be sold in elementary schools.
Section 59-10-340. Each elementary school shall provide students a minimum of twenty minutes to eat lunch once they have received their food. In determining the total length of the lunch period, time to and from the cafeteria, time to go through the line, and time to bus trays at the end of lunch must be considered.
Section 59-10-350. Health curriculum for kindergarten through fifth grade must include a weekly nutrition component.
Section 59-10-360. Each phase of implementation of this chapter is contingent upon the appropriation of adequate funding as documented by the fiscal impact statement provided by the Office of State Budget of the State Budget and Control Board. There is no mandatory financial obligation to school districts if state funding is not appropriated for each phase of implementation as provided for in the fiscal impact statement of the Office of the State Budget of the State Budget and Control Board.
Section 59-10-370. Nothing in this article may be construed to prohibit or limit the sale or distribution of any food or beverage item through fundraisers by students, teachers, or groups when the items are intended for sale off the school campus."
SECTION 4. This act takes effect upon approval by the Governor.
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