| Chapter 431 |
| 2024 -- H 8094 SUBSTITUTE A Enacted 06/29/2024 |
| A N A C T |
| RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS |
Introduced By: Representatives Caldwell, Hull, and Craven |
| Date Introduced: March 22, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 16-21-7 of the General Laws in Chapter 16-21 entitled "Health and |
| Safety of Pupils" is hereby amended to read as follows: |
| 16-21-7. School health. |
| (a) All schools that are approved for the purpose of §§ 16-19-1 and 16-19-2 shall have a |
| school health program that shall be approved by the state director of the department of health and |
| the commissioner of elementary and secondary education or the commissioner of higher education, |
| as appropriate. The program shall provide for the organized direction and supervision of a healthful |
| school environment, health education, and services. The program shall include and provide for the |
| administration of nursing care by certified nurse teachers, as defined in § 16-21-8, as shall be |
| requested, in writing, by the attending physician of any student and authorized, in writing, by the |
| parent or legal guardian of the student. No instruction in the characteristics, symptoms, and the |
| treatment of disease shall be given to any child whose parent or guardian shall present a written |
| statement signed by them stating that the instructions should not be given the child because of |
| religious beliefs. |
| (b) [Deleted by P.L. 2016, ch. 529, § 1.] |
| (c)(1) All Rhode Island elementary, middle, and high schools that sell or distribute |
| competitive foods and beverages on the school campus during the school day shall be required to |
| offer only healthy foods and beverages as set forth by the United States Department of Agriculture |
| under the Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111-296, 42 U.S.C. § 1758 et seq., |
| and federal regulations implementing the act promulgated pursuant to the provisions of 42 U.S.C. |
| § 1779(b). Provided, the Rhode Island board of education or local school committees may adopt |
| more restrictive policies than the ones referenced herein. |
| (2) Notwithstanding any provisions of §§ 16-8-9, 16-8-10, 16-8-10.1, or of this section to |
| the contrary, for the period commencing August 30, 2024, through to and including August 29, |
| 2026, the board of education shall waive any requirements on all Rhode Island elementary, middle, |
| and high schools that on a weekly basis, at least one-half (1/2) of the grain servings in United |
| States Department of Agriculture (USDA) meals must be one hundred percent (100%) whole grain |
| and that the remaining grain servings must be whole grain rich, in order to be deemed reimbursable |
| meals pursuant to federal law including, but not limited to, 7 C.F.R. §210.10 and 7 C.F.R. §220.8, |
| and any amendments thereto. |
| (3) On or before September 1, 2026, the chief administrator of every Rhode Island |
| elementary, middle, and high school shall report to the commissioner, the total number of meals |
| served which that were reimbursable pursuant to the provisions of the National School Lunch Act |
| (42 U.S.C. § 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.), and the |
| total number of meals served which that were non-reimbursable pursuant to the provisions of |
| subsection (c)(2) of this section for the period of August 30, 2024, until August 29, 2026. The |
| commissioner shall submit a copy of all the received reports to the governor, senate president, and |
| speaker of the house on or before September 15, 2026. |
| (d) Schools may permit the sale of beverages and snacks that do not comply with subsection |
| (c) as part of school fundraising in any of the following circumstances: |
| (1) The sale of those items takes place off and away from the school campus. |
| (2) The sale of those items takes place after the end of the school day as defined in |
| subsection (g). |
| (3) Career and technical schools with culinary arts or food-service programs may request |
| an exemption from the department of elementary and secondary education to enable the limited |
| sale of noncompliant snacks and beverages that have been prepared by culinary students as part of |
| their curriculum. No specially exempted fundraiser foods or beverages may be sold in competition |
| with school meals during the meal service. |
| (e) The department of elementary and secondary education shall post on its website |
| resources to assist school districts with implementation of this section. |
| (f) The department of elementary and secondary education shall develop a process to |
| monitor compliance with this section. |
| (g) Definitions. As used in this section: |
| (1) “Competitive foods” means all foods and beverages, other than meals reimbursed under |
| the Richard B. Russell National School Lunch Act (42 U.S.C. § 1751 et seq.) and the Child |
| Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.), available for sale to students on the school campus |
| during the school day. |
| (2) “School campus” means all areas of the property under the jurisdiction of the school |
| that are accessible to students during the school day. |
| (3) “School day” means the period from midnight before, to sixty (60) minutes after, the |
| end of the official school day. |
| (h) The standards set forth and referenced in this section shall apply throughout the entire |
| school campus, including, but not limited to, a la carte food sale, school stores, vending machines, |
| and fundraisers held during the school day. |
| SECTION 2. This act shall take effect upon passage. |
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| LC005630/SUB A |
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