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 |
ALASKA STATE LEGISLATURE
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE
March 1, 2006
1:43 p.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Lyda Green
Senator Kim Elton
Senator Donny Olson
MEMBERS ABSENT
Senator Gary Wilken, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 281
"An Act relating to interdistrict operation of public schools;
relating to enrollment of students by school districts and
regional educational attendance areas; and relating to charter
schools and correspondence programs."
HEARD AND HELD
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 199
"An Act relating to public school funding for a prohibition on
the sale of food and beverages of minimal nutritional value in
schools and for placing restrictions on the use of vending
machines in public schools; and providing for an effective
date."
HEARD AND HELD
SENATE BILL NO. 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."
BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 281
SHORT TITLE: SCHOOL DIST. ENROLLMENT SHARING/CORRESPON
SPONSOR(s): SENATOR(s) DYSON
02/13/06 (S) READ THE FIRST TIME - REFERRALS
02/13/06 (S) HES, FIN
03/01/06 (S) HES AT 1:30 PM BUTROVICH 205
BILL: SB 199
SHORT TITLE: SCHOOL NUTRITION SUPPORT GRANTS
SPONSOR(s): SENATOR(s) ELTON
05/09/05 (S) READ THE FIRST TIME - REFERRALS
05/09/05 (S) HES, FIN
02/03/06 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/03/06 (S) HES, FIN
03/01/06 (S) HES AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
Wes Keller, Staff
to Senator Fred Dyson
Alaska State Legislature
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented SB 281.
Eddy Jeans, Director
School Finance
Department of Education and Early Development
801 West 10th Street.
Juneau, AK 99801-1894
POSITION STATEMENT: Had no position yet on SB 281.
Carl Rose, Executive Director
Association of Alaska School Boards
1111 West 9th Street
Juneau, Alaska 99801
POSITION STATEMENT: Had no position on SB 281.
Lee Young, Principal
Connections
Kenai Peninsula Borough Schools
Soldotna, AK
POSITION STATEMENT: Testified on SB 281.
Jesse Kiehl, Staff
to Senator Kim Elton
Alaska State Legislature
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions on SSSB 199.
Dave Jones, Director of Finance
Kodiak Island Borough School District
722 Mill Bay Road
Kodiak, AK 99615
POSITION STATEMENT: Testified on SSSB 199.
Suzanne Meunier, Director of Advocacy
American Heart Association
Anchorage, AK
POSITION STATEMENT: Testified in support of SSSB 199.
Tammy Green, Section Chief
Chronic Disease Prevention and Health Promotion
Division of Public Health
Department of Health and Social Services
Anchorage, AK
POSITION STATEMENT: Testified on SSSB 199.
Peggy Cowan, Superintendent
Juneau Borough Schools
10014 Crazy Horse Drive
Juneau, AK 99801
POSITION STATEMENT: Testified in support of SSSB 199 and
suggested a change.
Barbara Thompson, Director
Teaching and Learning Support
Department of Education and Early Development
801 West 10th Street, Suite 200
Juneau, AK 99801
POSITION STATEMENT: Introduced Ms. Goade during hearing on
SSSB 199.
Stacy Goade, School Food Coordinator
Teaching and Learning Support
Department of Education and Early Development
801 West 10th Street, Suite 200
Juneau, AK 99801
POSITION STATEMENT: Answered questions on SSSB 199 and
suggested a change.
ACTION NARRATIVE
CHAIR FRED DYSON called the Senate Health, Education and Social
Services Standing Committee meeting to order at 1:43:22 PM.
Present were Senators Lyda Green, Kim Elton, Donny Olson and
Chair Fred Dyson.
SB 281-SCHOOL DIST. ENROLLMENT SHARING/CORRESPONDENCE
CHAIR DYSON announced SB 281 to be up for consideration. As the
sponsor, he invited Mr. Keller to present the bill.
1:44:11 PM
WES KELLER, Staff to Senator Fred Dyson, Alaska State
Legislature, explained that SB 281 authorizes school districts
to design, promote and administer statewide distance-learning
programs; it makes explicit what is implied, since no existing
law prohibits a school district from enrolling students from any
area of Alaska; it allows contractual agreements - already
allowed in statute - between school districts; and it adds a new
definition of correspondence programs, currently defined in
regulation only, by defining a program in terms of whether it
takes on the daily, routine care of children.
He requested that the Senate Finance Committee deal with
financial implications, noting he'd asked the Department of
Education and Early Development (DEED) to assist with wording.
Mr. Keller said state funding would follow the student to the
new district, as would federal impact aid; however, local
contributions would not, maintaining the status quo.
CHAIR DYSON moved to adopt the proposed CS, Version F[24-
LS1430\F, Mischel, 2/15/06] as the working document. Without
objection, Version F was before the committee.
MR. KELLER pointed out that SB 281 presses one question: How
will district costs be factored into the funding formula for
non-correspondence students that enroll in another district if
it happens more often because of this legislation? Suggesting
it's an issue for the Senate Finance Committee, he added, "I
think answering this question in open discussion will clarify
things and be helpful to us as far as legislative intent." He
said SB 281 doesn't propose or promote any particular program,
doesn't impose mandates and introduces no new legislative
intent. He asserted that it elevates the importance of district
boundary lines because it's a statement of confidence in local
school districts.
He informed members that technology - which makes the impacts of
distance disappear - drives SB 281. Relating personal
background, Mr. Keller said he has new hope for Alaska's K-12
education. He discussed a "virtual box" designed for a child,
based on the child's needs and current level, an individual
learning plan, state standards and so forth; this would
facilitate personal teacher-student and teacher-teacher
communication never before available. Mr. Keller elaborated,
suggesting security measures already exist, for example, and
saying small communities can take advantage of expertise from
people outside the community.
He expressed enthusiasm for education technology and highlighted
the following myths: technology removes teachers from the
equation; technology usage only occurs between teachers and
students, not among students; distance technology is primarily
for correspondence schools or home schooling; teachers need deep
technological knowledge to be effective; kids don't have the
ability to take care of technological hardware such as laptops;
technology for education is expensive, with no cost savings; and
accurate predictions can not be made about future technology and
software. Mr. Keller concluded by citing a 2003 census that
found three out of four Alaskan families have computers - which
puts Alaska near the top - and that 68.5 percent of Alaskans use
the Internet.
2:00:11 PM
SENATOR ELTON asked whether protections should be included to
keep one school district from losing students to another,
causing the school to fall below the minimum number of students.
MR. KELLER suggested that was for legislators to answer. He
offered his opinion, however, that if a local school district
had the best situation to attract its own students with its own
programs, then nothing had to be done.
SENATOR ELTON asked whether Section 1 allowed something new to
happen so one district could create a charter school in another
district.
MR. KELLER agreed it wasn't happening already, but said he
wasn't sure it was illegal.
SENATOR ELTON expressed interest in having the committee discuss
it, since it would be a significant shift and he didn't
understand all the ramifications.
SENATOR OLSON asked about the difference between Version G, the
original bill, and Version F.
2:02:32 PM
MR. KELLER explained that the first version didn't specify that
districts could make contractual agreements with each other. In
many remote locations, the school building is the center for
culture in the community. A school that wasn't happy with its
teachers that come and go from the community might be eager to
participate in a program offered by another district and yet
still use the building. This would allow such agreements.
CHAIR DYSON added an example: Hope, a small community south of
his district, has just 10 students, but a nice school built for
60. If the number fell below the threshold of 10, the local
district or school could contract with the Anchorage or Kenai
school district to have a distance-delivery charter school
there, using the building and providing a teacher's aide as a
monitor and proctor in the classroom and/or providing support
for students with disabilities. Some districts conduct their
administration from Anchorage already, and Chair Dyson suggested
this would allow small schools and districts to take advantage
of another district's economies of scale or to work
collaboratively.
He highlighted the problem of a small high school trying to
provide a variety of classes and experiences to students. A
virtual school could combine three students in one village who
wanted to learn Russian, aviation or medical technology, for
example, with dozens of other students in schools throughout the
area or the state; it would be taught by highly qualified
teachers from another locale. Chair Dyson related his
understanding that all the bill's language is permissive.
MR. KELLER requested that the legislation be moved forward
unless some questions couldn't be answered. Regarding Senator
Elton's earlier question, he said charter schools have another
"layer": the state board, which can approve or disapprove a
decision that has been made at the local district level.
CHAIR DYSON opened public testimony.
2:07:57 PM
EDDY JEANS, Director, School Finance, Department of Education
and Early Development, informed members that DEED hadn't taken a
position on the bill yet, mainly because of lack of opportunity
for feedback from the state Board of Education and Early
Development. Concurring that many items in the bill are in
statute, he noted, for example, that AS 14.14.110 has the title
"Cooperation with other districts."
He conjectured that some concerns of the state board might
relate to Section 1, which allows a district to create a charter
school to operate in another school district, and to Section 3,
which allows a local school board to establish a school in
another district. Mr. Jeans pointed out that children cross
boundaries now, with funding going to the district where the
children actually attend school. He gave examples. In response
to Chair Dyson, he clarified that under Section 1, subsection
(d), it appears a local school board could establish a charter
school outside the district boundaries with approval of the
state board, but without consent of the other school board - a
substantial change. He surmised, at minimum, that the state
board would want both local school boards to be a party to such
a charter.
2:12:20 PM
MR. JEANS, in further response, said he believes the state board
will meet March 17; he covers current legislation during such
meetings and will ensure this is before the board. In response
to Senator Olson regarding the bill's necessity, Mr. Jeans
mentioned that at least the existing cooperation component
between districts is clearly allowed by statute. In further
response, he explained that he would present the bill to the
state board to receive feedback, but would also point out that,
for this particular section, current statute already addresses
the cooperative nature between districts.
2:14:41 PM
CHAIR DYSON asked Mr. Jeans whether he believes the present law
allows a district "on invitation, with agreement" to establish a
new charter school in another district.
MR. JEANS answered that it hadn't happened yet, other than with
the Delta Cyber School, which was approved as a charter school,
serves students statewide via the Internet and is funded as a
correspondence program.
CHAIR DYSON indicated Version F differs from current law in
allowing a charter school to operate specifically within another
district. He proposed getting a legal opinion as to whether
additional authorization is needed beyond existing statute.
MR. JEANS, in response to Senator Elton, said he reads
Section 3, paragraph (1), to say a district can establish a
brick-and-mortar school in another district without the second
district's approval.
CHAIR DYSON surmised the drafter thought the approval of the
state board provided a safeguard. He asked about options if a
recalcitrant school district at some point isn't doing what is
necessary.
SENATOR ELTON remarked that it's an interesting point, but said
he reads Section 1 as being different from Section 3. Section 1
provides that the state board would be involved in decisions,
but Section 3 is just a local response.
MR. JEANS noted that Section 1 amends the charter school
legislation, which already has a state board approval component.
Section 3 amends AS 14.14, adding a new subsection that deals
with operations of districts.
MR. KELLER added that he couldn't imagine a school district
going out and building a school in a rural area. He reported
that one big concern he has heard from districts is
administration. Although he could see safeguards so students
aren't viewed as revenue sources, he suggested this is more of
an opportunity to "put sizes and needs together, rather than
trying to take over another district."
2:21:49 PM
CHAIR DYSON asked about financial implications.
MR. JEANS answered that DEED hadn't analyzed it for financial
impact. Regarding the issue raised by Mr. Keller about cost
differentials and the dollars following the students, Mr. Jeans
offered the belief that it's being achieved already by providing
funding to the schools and districts that are serving the
children. In further response, he said there may not be any
cost implications.
2:23:56 PM
CARL ROSE, Executive Director, Association of Alaska School
Boards (AASB), testified that AASB has no formal position on the
bill because all the implications aren't known. Addressing
possibilities, he pointed out that those wanting to do a charter
school might seek other sponsors; thus the bill could be far-
reaching. Mr. Rose offered his understanding that the bill
intends to restate the latitude already possessed by districts.
As for financial implications, he pondered whether going to a
district with another cost differential might affect costs.
2:27:08 PM
LEE YOUNG, Principal, Connections, Kenai Peninsula Borough
Schools, informed members that Connections is a home school
program. He requested clarification as to whether the bill's
focus is distance delivery, for remote students especially, or
is to perhaps shape core school districts. He predicted
financial benefits if school districts can go outside their
boundaries; he also believes his program is better off because
of the competition. Mr. Young suggested if there were a way to
rate districts for doing a good job, then perhaps charter
schools wouldn't be allowed to set up new brick-and-mortar
schools. He asked about ways to craft the legislation to avoid
having new brick-and-mortar schools draw students from the old
school programs, thereby watering them down. He asked members
to continue to analyze this and do good work.
CHAIR DYSON asked whether anyone else wished to testify.
2:30:23 PM
CHAIR DYSON announced SB 281 would be held over.
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.
There being no further business to come before the committee,
Chair Dyson adjourned the Senate Health, Education and Social
Services Standing Committee meeting at 3:18:40 PM.
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