HF 3390

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public health; adding nutrition as a required academic standard;
requiring a BMI monitoring program for children and youth; establishing
a statewide health improvement program; establishing a health, nutrition,
and physical education work group; requiring reports; appropriating money;
amending Minnesota Statutes 2007 Supplement, section 120B.021, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2007 Supplement, section 120B.021, subdivision 1,
is amended to read:

Subdivision 1.

Required academic standards.

new text begin (a) new text end The following subject areas
are required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, and government and
citizenship;

(5) health new text begin , nutrition, new text end and physical education, for which locally developed academic
standards apply; and

(6) the arts, for which statewide or locally developed academic standards apply, as
determined by the school district. Public elementary and middle schools must offer at least
three and require at least two of the following four arts areas: dance; music; theater; and
visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; and visual arts.

new text begin (b) new text end The commissioner must submit proposed standards in science and social studies
to the legislature by February 1, 2004.

new text begin new text end For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
plan team has determined that the required academic standards are inappropriate.
An individualized education plan team that makes this determination must establish
alternative standards.

new text begin (c) new text end A school district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in law or
rule. A school district that incorporates these state graduation requirements before the
2007-2008 school year must provide students who enter the 9th grade in or before
the 2003-2004 school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th grade.
District efforts to develop, implement, or improve instruction or curriculum as a result
of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.

new text begin (d) new text end The commissioner must include the contributions of Minnesota American Indian
tribes and communities as they relate to the academic standards during the review and
revision of the required academic standards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2008-2009 school year and
later.
new text end

Sec. 2.

new text begin [145.986] STATEWIDE HEALTH IMPROVEMENT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Goals. new text end

new text begin The initial goals of the public health improvement program
are to reduce the percentage of Minnesotans who are obese or overweight to less than half
by the year 2020 and to reduce tobacco smoking by two percent annually starting in 2011.
By 2011, and considering available funding, the commissioner of health, in consultation
with the State Community Health Advisory Committee established in section 145A.10,
subdivision 10, and other stakeholders, may make recommendations as to future goals
related to alcohol use and illegal drug use.
new text end

new text begin Subd. 2. new text end

new text begin Funding local communities. new text end

new text begin Beginning January 1, 2009, the
commissioner of health must provide funding to community health boards to convene,
coordinate, and lead locally developed programs targeted at achieving measurable health
improvement goals. Funding to each community health board will be distributed based on
a per capita formula, with a base allocation of $50,000 to each community health board
that receives funding. By January 15, 2011, the commissioner of health must recommend
whether additional funding should be distributed to community health boards based on
health disparities demonstrated in the populations served.
new text end

new text begin Subd. 3. new text end

new text begin Outcomes. new text end

new text begin (a) The commissioner of health must set performance measures
and annually review the progress of local communities in improving the performance
measures. The commissioner may provide technical assistance and corrective action plans
to ensure that local communities are making sufficient progress.
new text end

new text begin (b) The commissioner must measure current public health data, using existing
measures and data collection systems when available, to determine baseline data against
which progress shall be monitored.
new text end

new text begin Subd. 4. new text end

new text begin Media campaign. new text end

new text begin The commissioner of health must conduct a statewide
marketing campaign using public media to reinforce local efforts at addressing health
improvement goals. The commissioner must develop the statewide campaigns and
determine the timing of these campaigns in consultation with local public health
representatives.
new text end

Sec. 3.

new text begin [145.987] BMI MONITORING IN CHILDREN AND YOUTH.
new text end

new text begin By July 1, 2009, the commissioner of health in consultation with the commissioner
of education shall establish and implement a cost-effective program to monitor rates of
overweight and obese children in the state by collecting and analyzing Body Mass Index
(BMI) data. To the extent possible, in establishing this BMI monitoring program, the
commissioners shall use existing child and youth monitoring systems or surveys. The BMI
data collected must be used to measure progress in reducing the percentage of overweight
and obese children in the state, and must be used to accurately target intervention and
prevention services throughout the state. To the extent necessary for implementation and
analysis, the Departments of Education and Health may share data collected under this
program, consistent with the requirements in chapter 13. Analysis of the data collected
and trends in overweight and obese children in the state must be reported according to
section 3.195 to the legislature every other year, starting January 15, 2010. By January 1,
2009, the commissioners must report to the legislature on the proposed design of the BMI
monitoring program, and any local or statewide cost considerations.
new text end

Sec. 4. new text begin HEALTH, NUTRITION, AND PHYSICAL EDUCATION WORK
GROUP.
new text end

new text begin (a) The commissioner of education shall convene a work group to develop and make
recommendations related to health, nutrition, and physical education in schools. This
work group is governed by Minnesota Statutes, section 15.059.
new text end

new text begin (1) The work group shall include the following members appointed by the
commissioner of education:
new text end

new text begin (i) a curriculum specialist;
new text end

new text begin (ii) a person familiar with the requirements of Title IX, Education Amendments
of 1972;
new text end

new text begin (iii) a nutritionist;
new text end

new text begin (iv) a health educator; and
new text end

new text begin (v) a physical fitness educator.
new text end

new text begin (2) The work group shall, also, include members appointed by the following entities:
new text end

new text begin (i) the Minnesota School Boards Association may appoint one member;
new text end

new text begin (ii) the Board of Teaching may appoint one member;
new text end

new text begin (iii) the School Nurse Organization of Minnesota may appoint one member;
new text end

new text begin (iv) the American Heart Association may appoint one member;
new text end

new text begin (v) the Minnesota Elementary School Principals' Association may appoint one
member;
new text end

new text begin (vi) the Minnesota Association of Secondary School Principals may appoint one
member;
new text end

new text begin (vii) the Local Public Health Association of Minnesota may appoint one member;
new text end

new text begin (viii) the Minnesota School Nutrition Association may appoint one member; and
new text end

new text begin (ix) the commissioner of health may appoint one health promotion representative.
new text end

new text begin (b) The work group shall develop and make recommendations for statewide
curriculum standards that should be adopted for health, nutrition, and physical education.
The goal of these standards must be to promote the understanding of the health habits that
will serve students throughout their lifetimes, by promoting health and avoiding health
risks, encouraging increased activity and cardiovascular health, and supporting improved
nutrition. The recommendations shall include cost estimates for curriculum standards
implementation.
new text end

new text begin The work group shall develop and make recommendations for a wide range
of options for meeting the goal of having students in kindergarten through grade 12
experience at least 30 minutes of physical activity per day, of which 90 minutes per week
must be cardiovascular fitness.
new text end

new text begin The work group shall develop and make recommendations for school nutrition
improvements that reduce consumption of refined sugars, saturated fats, and processed
foods, including recommendations as to the feasibility of using locally grown products in
school nutrition programs.
new text end

new text begin (c) The commissioner of education shall report the recommendations to the
legislature according to Minnesota Statutes, section 3.195, by January 15, 2009.
new text end

Sec. 5. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... is appropriated from the general fund in fiscal year 2009 to the
commissioner of health to implement the statewide health improvement program under
Minnesota Statutes, section 145.986. Beginning January 1, 2009, the commissioner of
health shall provide funding to community health boards to implement local public health
programs.
new text end

new text begin (b) $....... is appropriated from the general fund in fiscal year 2009 depending on
availability of funds to the commissioner of health for a statewide public health media
campaign. Subject to the availability of funding, the funds shall be made available to the
commissioner of health beginning January 1, 2009.
new text end