Legislature(2005 - 2006)BUTROVICH 205
03/01/2006 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB281 | |
| SB199 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 281 | TELECONFERENCED | |
| += | SB 162 | TELECONFERENCED | |
| *+ | SB 199 | TELECONFERENCED | |
| + | TELECONFERENCED |
SSSB 199-SCHOOL NUTRITION SUPPORT GRANTS
CHAIR DYSON announced SSSB 199 to be up for consideration.
2:31:02 PM
SENATOR ELTON, sponsor, pointed out that the fiscal note is
wrong and should predict a cost of $843,000 each year, rather
than for one year. He explained that SSSB 199 provides an
option for school districts to receive a $4-per-student bonus if
they sell healthful food in the schools, as set forth in the
bill. It doesn't affect the cap, and is meant to provide an
incentive and be part of a solution to obesity and other health
issues. It applies to food sold in vending machines, in
cafeterias or at student-run fundraisers, but doesn't cover food
that isn't sold, such as pizza at a class party. Furthermore,
it doesn't cover food funded under the federal school lunch and
nutrition program.
He acknowledged that food sales at schools support ancillary
programs and clubs, but disputed the assumption that sales would
drop if foods weren't sugar-rich; he indicated a decline in
sales likely would happen the first year only, followed by a
recovery. Additionally, Senator Elton surmised that adding $4
per student to the budgets of districts that choose this option
may add an incremental amount of money to the school activity
funds. Thus the bill provides for healthful food and supports
student activities, with the goal of a healthier student
population.
He reported that the sponsor substitute reflects changes
suggested by the numerous school districts and organizations
that reviewed the bill after its introduction. For example,
rural school districts had expressed concern that traditional
foods would be precluded; the bill was changed so those aren't
implicated. Senator Elton noted differences of opinion on
whether certain foods are healthful; for example, whole milk is
allowed because some people in the health field suggest the
benefits of calcium outweigh other issues, though some in the
schools feel otherwise. Highlighting the basic nature of the
"recipes" in the bill, which don't prevent the departments from
developing stricter ones, Senator Elton brought attention to
letters of support in the committee packets, saying additional
letters had been received as well.
2:38:39 PM
CHAIR DYSON referred to page 2, line 9, which begins, "(B)
depict only physical activity". He asked what that means.
SENATOR ELTON replied that it reflects picking and choosing
among what other states have done. Several states have used the
idea that a school vending machine should depict a healthful
food. The intent is that advertising on the front shouldn't
undermine what is actually offered in the machine.
2:39:45 PM
JESSE KIEHL, Staff to Senator Kim Elton, Alaska State
Legislature, added that along with paragraph (C), the
aforementioned phrase refers to what is depicted on vending
machines in schools in a district that chooses to apply for the
grant. Rather than having a scantily clad individual eating
pork rinds, for instance, the images would depict physical
activity or foods and beverages allowable under the bill.
SENATOR ELTON suggested a more likely image would be someone
drinking a cola.
CHAIR DYSON pointed out that someone could be shown smoking a
cigarette or performing another activity not seen as desirable.
He suggested the sponsor might want to consider this.
2:41:28 PM
SENATOR GREEN asked about calculations for the fiscal note,
which wasn't in committee packets.
SENATOR ELTON suggested those who wrote the fiscal note could
answer better. He remarked that some districts have initiated
programs that likely would qualify under the bill, but without
the incentive. He reiterated that the fiscal note he'd received
was in error because it assigned a one-year cost.
MR. KIEHL affirmed he had a copy. He related his understanding
that the fiscal note assumed every district would participate in
the first year, as shown on an attached spreadsheet showing all
53 districts.
CHAIR DYSON noted that Eddy Jeans, Department of Education and
Early Development (DEED), had nodded his assent. Chair Dyson
asked whether Senator Elton had done research on the costs of
dental disease and other implications on public budgets when
people have unhealthful diets.
SENATOR ELTON revealed he'd opted not to provide an overview
that ranged "from scary to horrific." He reported that close to
25 percent of the Alaskan population is classified as obese,
much higher than in recent years. There are many causes; this
bill isn't the silver bullet to solve them all. However,
increased health problems correlate with obesity or poor eating
habits, including diabetes and dental health problems. While
DEED could prepare its fiscal note by applying an upper limit of
$4 across all the districts, Senator Elton pointed out that it
doesn't address hypothetical costs such as those for bad health
habits that begin at an early age, or savings from good health
habits over time.
CHAIR DYSON suggested statistics might be available for public
money paid for nonpreventative dental care for K-12 children.
2:47:50 PM
CHAIR DYSON opened public testimony.
DAVE JONES, Director of Finance, Kodiak Island Borough School
District, explained that his district has been looking at this
issue. He cited his high school as a good example: it has
vending machines and on-site sales that generate a significant
amount of money to fund activities and to allow students to
participate who otherwise would be unable to. Many of the items
currently sold are not nutritional. Mr. Jones predicted that
adopting this new policy would result in a large drop in funding
and thus a drop in physical activity. However, part of the
reason he'd support this bill is because the revenue won't
replace what is being raised already, but will help.
He informed members that his only concern relates to sales in
elementary schools. He gave an example of a local school used
for community activities. During the day, the soda machine is
shut down, but it works in the off hours; the money is used for
student field trips and so forth. Mr. Jones emphasized ensuring
that the bill doesn't eliminate more than is desired.
SENATOR ELTON suggested the aforementioned machine would be
protected in two ways. First, the bill only relates to sales of
food from one hour before school until one hour after. Because
of concerns from rural communities with K-12 students in the
same building, the bill ensures that the presence of elementary
students in the building doesn't preclude having a vending
machine. He added that teachers and school administrators would
be expected to try to control the purchasing behavior of
elementary students by posting and enforcing signs on the
machines, for example.
CHAIR DYSON asked how many students are in the school district.
MR. JONES replied about 2,736.
CHAIR DYSON noted that $4 per student would be about $11,000.
He asked how much profit is netted from the vending machines.
MR. JONES answered about $17,000 a year. There are sales beyond
that. Observing that the bill relates to the adjusted ADM, he
said he'd been figuring about $16,000 to $18,000. He added that
the booster club's morning sales of coffee and donuts contribute
more than the vending machines.
2:54:20 PM
SUZANNE MEUNIER, Director of Advocacy, American Heart
Association (AHA), stated support for the bill. Noting that
obesity is a cause of cardiovascular disease - Alaska's leading
cause of death - as well as high blood pressure, elevated
cholesterol and diabetes, she predicted that preventing obesity
through good nutrition and physical education would help to
significantly reduce these killers. Mentioning research
directly linking good nutrition and the ability to learn, play,
grow and develop, Ms. Meunier said well-nourished children have
higher test scores, better attendance and fewer behavioral
problems. She noted currently there is little guidance for food
sold outside the federal school meals program; she suggested the
school environment should reinforce classroom nutrition
education. On behalf of AHA, she respectfully urged the
committee to move the bill forward.
2:56:41 PM
TAMMY GREEN, Section Chief, Chronic Disease Prevention and
Health Promotion, Division of Public Health, Department of
Health and Social Services (DHSS), spoke in support of efforts
to increase nutritional content in the schools, particularly in
relation to vending machines. She mentioned working with
schools and parents to increase the health of children, noting
that obesity is a problem projected to grow over the next
several years. However, this is an education bill. Ms. Green
indicated DHSS would defer to DEED's lead and would support its
decisions in any way possible if this were to become law.
SENATOR ELTON asked if the figures are correct.
MS. GREEN replied they are correct.
2:58:59 PM
PEGGY COWAN, Superintendent, Juneau Borough Schools, spoke in
support of SSSB 199, noting that her school district is focusing
on health this year. She highlighted the common interest of
decreasing obesity and increasing activity. Although she
couldn't predict an exact monetory amount and agreed with
previous speakers that this would be lowballing current revenues
from vending machines and other sales, Ms. Cowan said this would
be an incentive to implement such a program. She pointed out
that the Juneau school district funding goes not only to student
activities, but also to items like classroom computers.
She reported that one local middle school switched to more
healthful snacks at lunchtime this year, resulting in a dramatic
decrease in sales; she expressed hope that Senator Elton's
prediction that sales would decline only in the first year would
hold true. Ms. Cowan expressed appreciation for leadership at
the state level to promote health and partnering with the school
districts to do so.
She recommended one change: link the definition of "minimal
nutritional value" with the federal definition. Noting the
bill's definition is more rigorous, Ms. Cowan pointed out the
problems for school districts struggling to keep up with federal
definitions and then having new state definitions as well.
CHAIR DYSON asked whether the federal standard mentions dental
health.
MS. COWEN pointed out that experts from DEED were present. She
offered her understanding that the federal standards relate to
nutritional content and preparation methods for various
beverages and foods, rather than particular health standards.
CHAIR DYSON recalled attending a seminar about the effects of
sugar and carbonic acid on the enamel of immature teeth.
MS. COWEN said she hadn't belabored the statistics except to
acknowledge that Juneau unfortunately shares them, but added
that carbonated beverages aren't good for bones either. In
further response, she estimated the school district's take from
food sales to be about $8 to $10 a head, for about 5,000
students.
CHAIR DYSON asked whether the district receives $40,000 to
$50,000 net income, then, from food sales.
MS. COWEN replied, "At least." She related her understanding
that, according to Mr. Jeans, this new program would provide
about $30,000.
3:05:12 PM
SENATOR ELTON suggested a complete correlation is difficult. A
bake sale in conjunction with a basketball game wouldn't be
covered by this bill, for example, if it happened more than an
hour past the end of the school day - which is the usual case.
MS. COWEN agreed, surmising that most vending machine sales
happen when there are community - rather than school district -
activities. She again expressed appreciation for a financial
incentive for doing what the districts should be doing.
3:06:21 PM
CHAIR DYSON called upon Stacy Goade and Barbara Thompson of DEED
to answer questions.
BARBARA THOMPSON, Director, Teaching and Learning Support,
Department of Education and Early Development, explained that
Ms. Goade is the administrator for all the child nutrition
programs.
CHAIR DYSON asked Ms. Goude what she thinks about the pressure
school districts are under when someone from a company comes to
a school and proposes renting floor space in return for money.
STACY GOADE, School Food Coordinator, Teaching and Learning
Support, Department of Education and Early Development, affirmed
this happens. She said behind the bill is the "local wellness"
law that came with the Child Nutrition [and WIC] Reauthorization
Act of 2004. The national school lunch program now requires
participating school districts to have a local school wellness
policy. Thus the commissioner's office and her office have
worked with school districts this year and partnered with the
Alaska Association of School Boards (AASB) and Tammy Green's
staff at DHSS to develop a sample policy for school boards to
use; it's a template, not a requirement.
She noted this is a confusing time for school districts, since
the local policy has slightly different "nutrition standards,"
which she suggested is a better term than "foods of minimal
nutritional value."
CHAIR DYSON asked Ms. Goude what she would have school districts
do, if she had her preference.
MS. GOUDE said she couldn't answer, but understood all the
underlying issues. They're short on funding, she concluded.
SENATOR ELTON asked whether the federal definition is looser
with respect to the definition of good food and beverages.
MS. GOUDE affirmed it's much less rigorous; it helps mostly with
items such as licorice, marshmallows and other sugar-laden
foods. She suggested the "food and beverage standards" in the
bill are much more rigorous than the "foods of minimal
nutritional value" under the federal law for child nutrition
programs. In response to Senator Elton, she specified that she
believed the term, not the standards, should be changed. She
noted that in working with districts, there are three different
definitions of foods, which is confusing.
SENATOR ELTON announced he would consult with Ms. Goude on the
aforementioned language. He indicated it had been decided that
the federal standards are weak.
MS. GOUDE said "foods of minimal nutritional value" is a
specific category defined in federal law. In response to Chair
Dyson, she indicated schools have dealt with perhaps 20 new
changes under the school lunch program since the 2004 federal
Act. She listed five components for school boards: 1) develop
a policy to increase physical activity in schools; 2) address
and increase nutrition education; 3) deal with all the foods
outside the national school lunch program, which has its own
nutrition standards; 4) address other health-related issues; and
5) have a team, implement it and monitor it.
CHAIR DYSON asked what is required with respect to foods
available in the schools.
MS. GOUDE answered that they're required to develop a policy;
then the superintendents would develop the administrative
regulations under the school board policy to address all foods
outside of the federally funded national school lunch program -
à la carte foods and items from food stores, morning sales and
vending machines. It's a local policy, for the school districts
themselves to determine - the federal government has been
specific about that - and the policy is developed with a group
that represents the community and the schools. In further
response, Ms. Goude said there definitely is parent
communication involvement in this policy development, at each
school site.
CHAIR DYSON asked whether, when the process is completed, there
is a requirement that parents be informed of the policy.
MS. GOADE said yes, there needs to be communication with the
parents.
CHAIR DYSON asked whether it has to meet any standard.
MS. GOADE answered that they don't have to meet any specific
standard, but the aforementioned board policy was developed with
the AASB and two state agencies to complete a template to help
them begin somewhere. The sample policy is much more rigorous
than the "foods of minimal nutritional value," she added.
CHAIR DYSON asked whether there is any way to audit how well the
goals are accomplished.
MS. GOADE answered that part of the state agency administrative
responsibility for the child nutrition programs is to review
them next year as they begin to be implemented. They need to
have these policies July 1. Next school year the policies will
be developed, and then it will be seen what is actually
implemented in these schools. "We will report back to the feds
on what our state has done with local wellness policy
development," she added.
CHAIR DYSON asked what happens if the policy is to continue to
sell food that rots children's teeth because of the money
generated.
MS. GOADE indicated the department does a federal on-site
review, looks to see what the policy is, and reports back to the
federal government that there is a policy in place. She noted
that the federal guidance to the state agencies is not to be
subjective or to personally evaluate the local policy.
CHAIR DYSON surmised the federal government wouldn't do anything
about it either.
MS. GOADE replied that it will be determined at a later date.
She observed that the practice has been to implement such
programs and then see what the states report back. She noted it
was the federal government that implemented the local wellness
policy, because sales from vending machines and outside food
sales were impacting the federally funded school food program -
to extinction in some places.
3:16:24 PM
SENATOR GREEN suggested a far greater problem is that many
school lunch programs provide food that isn't any more
nutritional than what comes from a vending machine, and isn't as
tasty.
MS. GOUDE noted the federal government will be ramping up its
"school meal initiative standards" and the commodity program for
foods used by school districts to be more in line with the
dietary guidelines for Americans. Thus she suggested the
federal government sees the need to strengthen those areas.
3:17:33 PM
SENATOR ELTON announced he probably would bring an amendment to
the next hearing after working with Ms. Goude. He estimated
sales in Alaska from vending machines, à la carte sales and
student store sales to be about $1.5 million. At $4 a student,
the bill would recover about $843,000. Senator Elton said he
wouldn't object to raising the limit to $7, which would provide
more incentive; he encouraged other members to offer such an
amendment if they believed this to be a good and workable idea.
SSSB 199 was held over.
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