2024 -- S 3045

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LC006068

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

     Introduced By: Senator Sandra Cano

     Date Introduced: May 03, 2024

     Referred To: Senate Education

     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 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 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:

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     (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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

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     This act would direct that for a period of two years, the board of education would waive

the whole grain requirements for meals served in public schools, for purposes of receiving

reimbursement under federal law.

     This act would take effect upon passage.

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