SB 162: "An Act relating to monitoring and reporting of student discipline and safety, of student health pertaining to height, nutrition, and physical activity, of the percentage of the legislative body with a body mass index that exceeds 25.0, and of state capitol vending machine profits; requiring schools to report school health status and policy, the percentage of students that are overweight and at risk of being overweight, and profits from vending machines; and requiring the evaluation of health education programs on the basis of health reports and screening."
00 SENATE BILL NO. 162 01 "An Act relating to monitoring and reporting of student discipline and safety, of student 02 health pertaining to height, nutrition, and physical activity, of the percentage of the 03 legislative body with a body mass index that exceeds 25.0, and of state capitol vending 04 machine profits; requiring schools to report school health status and policy, the 05 percentage of students that are overweight and at risk of being overweight, and profits 06 from vending machines; and requiring the evaluation of health education programs on 07 the basis of health reports and screening." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 14.03.120(d) is amended to read: 10 (d) Annually, before the date set by the district under (e) of this section, each 11 public school shall deliver to the department for posting on the department's Internet 12 website and provide, in a public meeting of parents, students, and community 13 members, a report on the school's performance, [AND] the performance of the school's
01 students, and the school's student health status. The report shall be prepared on a 02 form prescribed by the department and must include 03 (1) information on accreditation; 04 (2) results of norm-referenced achievement tests; 05 (3) results of state standards-based assessments in reading, writing, and 06 mathematics; 07 (4) a description, including quantitative and qualitative measures, of 08 student, parent, community, and business involvement in student learning; 09 (5) a description of the school's attendance, retention, dropout, and 10 graduation rates, including the number and percentage of students who received a 11 diploma under a waiver from the competency examination required under 12 AS 14.03.075(a), as specified by the state board; 13 (6) the annual percent of enrollment change, regardless of reason, and 14 the annual percent of enrollment change due to student transfers into and out of the 15 school district; 16 (7) if Native language education is provided, a summary and 17 evaluation of the curriculum described in AS 14.30.420; 18 (8) the number and percentage of students in each school who take and 19 who successfully complete an alternative assessment program in reading, English, or 20 mathematics; and the number and percentage of pupils in each school who 21 successfully complete the alternative assessment program but who do not reach the 22 state performance standards at the competency exam level in reading, English, or 23 mathematics; a school may not report results under this paragraph unless the school 24 complies with the family educational rights and privacy requirements of 34 C.F.R. 99; 25 (9) the performance designation assigned the school under 26 AS 14.03.123 and the methodology used to assign the performance designation, 27 including the measures used and their relative weights; [AND] 28 (10) other information concerning school performance and the 29 performance of the school's students as required by the state board in regulation; 30 (11) if the legislature calculates the percentage of the legislative 31 body with a body mass index greater than 25.0 and equal to or less than 30.0 and
01 the percentage of the legislative body with a body mass index of more than 30.0 02 for the current legislative session and provides those calculations, the percentage 03 of students in each school that are overweight or at risk of being overweight using 04 standards established under AS 14.33.120(a); 05 (12) if the legislature calculates and provides the annual vending 06 machine profits at the state capitol, the annual vending machine profits at each 07 school; 08 (13) the names and titles of the persons responsible for setting the 09 standards under AS 14.33.120(a), including a designation of community 10 members; 11 (14) if community members were not responsible for setting the 12 standards under AS 14.33.120(a), a description of the efforts made to encourage 13 community members to participate; and 14 (15) the legislative calculations and vending machine profits for 15 the current legislative session if provided under (11) and (12) of this subsection. 16 * Sec. 2. AS 14.07.020(a)(15) is amended to read: 17 (15) require the reporting of information relating to school 18 disciplinary, health, and safety programs under AS 14.33.120 and of incidents of 19 disruptive or violent behavior. 20 * Sec. 3. AS 14.30.127(a) is amended to read: 21 (a) A vision, weight, height, and hearing screening examination shall be given 22 to each child attending school in the state. The examination shall be made when the 23 child enters school or as soon thereafter as is practicable, and at regular intervals 24 specified by regulation by the governing body of the district. 25 * Sec. 4. AS 14.30.127(b) is amended to read: 26 (b) The Department of Health and Social Services shall 27 (1) set standards for the performance of vision, weight, height, and 28 hearing screening; 29 (2) train and certify public health nurses and school district employees 30 to conduct hearing, weight, height, and vision screening tests; 31 (3) assist with referral and follow-up of children needing professional
01 examination or treatment; and 02 (4) assist with maintenance and repair of screening equipment. 03 * Sec. 5. AS 14.30.370 is amended to read: 04 Sec. 14.30.370. Evaluation. Health education programs conducted under 05 AS 14.30.360 shall be evaluated by the department in the same manner as other 06 curriculum programs are evaluated, except that the evaluation shall also include 07 changes in the health status of the pupils as determined by physical and dental 08 examinations conducted under AS 14.30.070 and 14.30.120, and as indicated by the 09 report of the school health status under AS 14.03.120(d) and by the vision, 10 weight, height, and screening examinations conducted under AS 14.03.120 and 11 14.30.127. 12 * Sec. 6. AS 14.33.110 is amended to read: 13 Sec. 14.33.110. Purpose of school disciplinary, health, and safety 14 program. The purpose of AS 14.33.110 - 14.33.140 is to 15 (1) implement and maintain community-based standards of school 16 behavior that are developed by students, parents, teachers, school administrators, and 17 the community; 18 (2) facilitate the creation of a standard of school behavior and safety by 19 local communities for the schools in those communities; 20 (3) protect and support teachers who enforce standards of student 21 behavior and safety in the classroom established under AS 14.33.120; [AND] 22 (4) ensure that all schools and school districts receiving state funds, 23 that may not have already done so, implement and maintain an effective school 24 disciplinary and safety program; and 25 (5) monitor and influence student health status and policy. 26 * Sec. 7. AS 14.33.120(a) is amended to read: 27 Sec. 14.33.120. School disciplinary, health, and safety program. (a) Each 28 governing body shall adopt a written school disciplinary, health, and safety program. 29 The program required under this subsection must include written 30 (1) standards for student behavior and safety that reflect community 31 standards and that include, at a minimum, basic requirements for respect and honesty;
01 standards required under this paragraph must be developed and periodically reviewed 02 with the collaboration of members of each school, parents, teachers, and other persons 03 responsible for the students at a school; a governing body may require that standards 04 developed under this paragraph be consistent for all schools in an attendance area or 05 the district; 06 (2) standards relating to when a teacher is authorized to remove a 07 student from the classroom for 08 (A) failure to follow student behavior and safety standards; or 09 (B) behavior described under AS 14.30.045(1) or (2); 10 (3) procedures for notifying teachers of dangerous students consistent 11 with AS 47.12.310(b); 12 (4) standards relating to when a teacher, teacher's assistant, or other 13 person responsible for students is authorized to use reasonable and appropriate force to 14 maintain classroom safety and discipline as described under AS 11.81.430(a)(2); 15 (5) policies necessary to comply with provisions of state and federal 16 law, including 20 U.S.C. 1400 - 1485 (Individuals with Disabilities Education Act); 17 (6) standards to address needs of students for whom mental health or 18 substance abuse may be a contributing factor to noncompliance with the school 19 disciplinary, health, and safety program; 20 (7) policies for implementing a student conflict resolution strategy, 21 including the nonviolent resolution or mediation of conflicts and procedures for 22 reporting and resolving conflicts; 23 (8) procedures for periodic review and revision of the school 24 disciplinary, health, and safety program; 25 (9) standards for monitoring and reporting school health policy; 26 the standards must require a school to describe 27 (A) the availability of and participation level in a program 28 in nutrition and physical education at the school; 29 (B) the percentage of students in the school who are 30 overweight or at risk of being overweight; the percentage may be reported 31 by combining two or more schools with an ADM of less than 15 in order to
01 maintain confidentiality of the data; and 02 (C) the availability of nutritionally balanced foods at the 03 school; and 04 (10) standards for selection and the identity of personnel 05 monitoring and reporting the body mass index calculations made under 06 AS 14.03.120(d)(11). 07 (b) A school district shall report information relating to school district 08 disciplinary, health, and safety programs as required by the department, including 09 incidents of disruptive or violent behavior. 10 * Sec. 8. AS 14.33.120 is amended by adding a new subsection to read: 11 (c) In this section, 12 (1) "ADM" has the meaning given in AS 14.17.990; 13 (2) "body mass index" means the product of the weight of a 14 participating person multiplied by 703 and divided by the product of the height of the 15 person in inches multiplied by itself; 16 (3) "health" means the general physical condition of a person, 17 including the person's dental condition; 18 (4) "overweight" means greater than the 95th percentile of the body 19 mass index for age and sex as indicated on the United States Department of Health and 20 Human Services, Centers for Disease Control and Prevention Growth Charts; 21 (5) "risk of overweight" means the 85th to the 95th percentile of the 22 body mass index for age and sex as indicated on the United States Department of 23 Health and Human Services, Centers for Disease Control and Prevention Growth 24 Charts. 25 * Sec. 9. AS 14.33.140 is amended to read: 26 Sec. 14.33.140. Civil liability for enforcing disciplinary, health, and safety 27 program. A teacher, a teacher's assistant, a principal, or another person responsible 28 for students is not liable for civil damage resulting from an act or omission (1) arising 29 out of enforcement of an approved school disciplinary, health, and safety program 30 adopted under AS 14.33.120; and (2) arising out of and in the course of employment 31 unless the act or omission constitutes gross negligence or reckless or intentional