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AB-3083 Pupil nutrition: food and beverages: food incentive program.(2017-2018)

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Date Published: 03/13/2018 09:00 PM
AB3083:v98#DOCUMENT

Amended  IN  Assembly  March 13, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3083


Introduced by Assembly Member Quirk-Silva

February 16, 2018


An act to amend Section 44259 49431.9 of the Education Code, relating to teacher credentialing. pupil nutrition.


LEGISLATIVE COUNSEL'S DIGEST


AB 3083, as amended, Quirk-Silva. Teacher credentialing: beginning teacher induction: peer-based mentorship program. Pupil nutrition: food and beverages: food incentive program.
Existing law requires, as a condition of receipt of funds to reimburse a school for free and reduced-price meals sold or served to pupils, a school or school district to comply with specified requirements and prohibitions, including not selling or serving a food item that contains artificial trans fat. Existing law provides that the only competitive snack foods that may be sold to pupils are fruit, vegetable, dairy, protein, or whole grain rich food items, in an elementary, middle, or high school, as provided, and imposes other nutritional standards on competitive foods, snacks, and beverages that may be sold to pupils in an elementary, middle, or high school.
Existing law prohibits, except as provided, a school, school district, or charter school that participates in a certain federal school lunch or breakfast program from advertising food or beverages during the schoolday, as provided, and from participating in a corporate incentive program that rewards pupils with free or discounted foods or beverages that do not comply with those nutritional standards when the pupils reach certain academic goals.
This bill would add to those prohibitions that such a school, school district, or charter school shall not participate in a food incentive program that rewards pupils by providing foods or beverages that do not comply with those nutritional standards.

Existing law prescribes the minimum requirements for a clear multiple or single subject teaching credential, including the completion of either a beginning teacher induction program approved by the Commission on Teacher Credentialing and the Superintendent of Public Instruction pursuant to the Marian Bergeson Beginning Teacher Support and Assessment System, an alternative program of beginning teacher induction that is provided by one or more local educational agencies and has been approved by the commission and the Superintendent, as provided, or an alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts.

This bill would provide that completion of a peer-based mentorship program approved by the commission also satisfies that requirement.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 49431.9 of the Education Code is amended to read:

49431.9.
 (a) For purposes of this section, and unless the context requires otherwise, the following terms have the following meanings:
(1) “Advertising” means an oral, written, or graphic statement or representation, including a company logo or trademark, made for the purposes of promoting the use or sale of a product by the producer, manufacturer, distributor, seller, or any other entity with a commercial interest in the product.
(2) “Brand” means a corporate or product name, a business logo, or a mark, regardless of whether it may legally qualify as a trademark used by a seller or manufacturer to identify goods or services and to distinguish them from competitors’ goods.
(3) “Food or beverage” means any food or beverage that does not comply with the nutrition standards for food or beverages pursuant to this article.
(4) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday.
(b) Except as provided in subdivision (c), a school, school district, or charter school that participates in the federal National School Lunch Program or federal School Breakfast Program shall not do either any of the following:
(1) Advertise any food or beverage during the schoolday unless the food or beverage product manufactured, sold, or distributed under the corporate brand name can be served or sold on the school campus during the schoolday. This prohibition includes the advertising during the schoolday on any property or facility owned or leased by the school district or school and used for school-related activities, including, but not limited to, school buildings, athletic fields, facilities, signs, scoreboards, or parking lots, or any schoolbuses or other vehicles, equipment, vending machines, uniforms, educational material, or supplies.
(2) Participate in a corporate incentive program that rewards pupils with free or discounted foods or beverages that do not comply with the nutritional standards required pursuant to this article when the pupils reach certain academic goals.
(3) Participate in a food incentive program that rewards pupils by providing foods or beverages that do not comply with the nutritional standards required pursuant to this article.
(c) The restriction on advertising in subdivision (b) does not apply to any of the following:
(1) Advertising on broadcast, digital, or print media, unless the media are produced or controlled by the local educational agency, school, faculty, or its pupils.
(2) Advertising on clothing with brand images worn on school grounds.
(3) Advertising contained in product packaging.
(4) Advertising of infrequent school fundraising events, involving food or beverages that do not meet the nutritional standards pursuant to this article.
(d) This section does not require a school, school district, or charter school to replace durable, nonconsumable items that are not in compliance with this section, including, but not limited to, scoreboards or team uniforms, in use as of January 1, 2018, but requires a school, school district, or charter school to comply with this section as these items are replaced or contracts are renegotiated.
(e) It is the intent of the Legislature that the governing board or body of a school district and a charter school annually review their compliance with this section.

SECTION 1.Section 44259 of the Education Code is amended to read:
44259.

(a)Except as provided in subparagraphs (A) and (C) of paragraph (3) of subdivision (b), each program of professional preparation for multiple or single subject teaching credentials shall not include more than two years of full-time study of professional preparation.

(b)The minimum requirements for the preliminary multiple or single subject teaching credential are all of the following:

(1)A baccalaureate degree or higher degree from a regionally accredited institution of postsecondary education. Except as provided in subparagraph (B) of paragraph (1) of subdivision (a) of Section 44225 and subdivision (c) of Section 44227, the baccalaureate degree shall not be in professional education. The commission shall encourage accredited institutions to offer undergraduate minors in education and special education to students who intend to become single subject credentialed teachers.

(2)Passage of the state basic skills proficiency test that is developed and administered by the commission pursuant to Section 44252.5.

(3)Satisfactory completion of a program of professional preparation that has been accredited by the Committee on Accreditation on the basis of standards of program quality and effectiveness that have been adopted by the commission. In accordance with the commission’s assessment and performance standards, each program shall include a teaching performance assessment as set forth in Section 44320.2 that is aligned with the California Standards for the Teaching Profession. The commission shall ensure that each candidate recommended for a credential or certificate has demonstrated satisfactory ability to assist pupils to meet or exceed academic content and performance standards for pupils adopted by the state board pursuant to Section 60605. Programs that meet this requirement for professional preparation shall include any of the following:

(A)Integrated programs of subject matter preparation and professional preparation pursuant to subdivision (a) of Section 44259.1.

(B)Postbaccalaureate programs of professional preparation, pursuant to subdivision (d) of Section 44259.1.

(C)Internship programs of professional preparation, pursuant to Section 44321, Article 7.5 (commencing with Section 44325), Article 11 (commencing with Section 44380), and Article 3 (commencing with Section 44450) of Chapter 3.

(4)Study of alternative methods of developing English language skills, including the study of reading as described in subparagraphs (A) and (B), among all pupils, including those for whom English is a second language, in accordance with the commission’s standards of program quality and effectiveness. The study of reading shall meet the following requirements:

(A)Commencing January 1, 1997, satisfactory completion of comprehensive reading instruction that is research based and includes all of the following:

(i)The study of organized, systematic, explicit skills including phonemic awareness, direct, systematic, explicit phonics, and decoding skills.

(ii)A strong literature, language, and comprehension component with a balance of oral and written language.

(iii)Ongoing diagnostic techniques that inform teaching and assessment.

(iv)Early intervention techniques.

(v)Guided practice in a clinical setting.

(B)For purposes of this section, “direct, systematic, explicit phonics” means phonemic awareness, spelling patterns, the direct instruction of sound/symbol codes and practice in connected text, and the relationship of direct, systematic, explicit phonics to the components set forth in clauses (i) to (v), inclusive, of subparagraph (A).

A program for the multiple subjects credential also shall include the study of integrated methods of teaching language arts.

(5)Completion of a subject matter program that has been approved by the commission on the basis of standards of program quality and effectiveness pursuant to Article 6 (commencing with Section 44310) or passage of a subject matter examination pursuant to Article 5 (commencing with Section 44280). The commission shall ensure that subject matter standards and examinations are aligned with the academic content and performance standards for pupils adopted by the state board pursuant to Section 60605.

(6)Demonstration of a knowledge of the principles and provisions of the Constitution of the United States pursuant to Section 44335.

(7)Commencing January 1, 2000, demonstration, in accordance with the commission’s standards of program quality and effectiveness, of basic competency in the use of computers in the classroom as determined by one of the following:

(A)Successful completion of a commission-approved program or course.

(B)Successful passage of an assessment that is developed, approved, and administered by the commission.

(c)The minimum requirements for the clear multiple or single subject teaching credential shall include all of the following requirements:

(1)Possession of a valid preliminary teaching credential, as prescribed in subdivision (b), possession of a valid equivalent credential or certificate, or completion of equivalent requirements as determined by the commission.

(2)Except as provided in paragraph (3), completion of a program of beginning teacher induction, including one of the following:

(A)A program of beginning teacher support and assessment approved by the commission and the Superintendent pursuant to Section 44279.1, a provision of the Marian Bergeson Beginning Teacher Support and Assessment System.

(B)An alternative program of beginning teacher induction that is provided by one or more local educational agencies and has been approved by the commission and the Superintendent on the basis of initial review and periodic evaluations of the program in relation to appropriate standards of credential program quality and effectiveness that have been adopted by the commission, the Superintendent, and the state board pursuant to this subdivision. The standards for alternative programs shall encourage innovation and experimentation in the continuous preparation and induction of beginning teachers. An alternative program of beginning teacher induction that has met state standards pursuant to this subdivision may apply for state funding pursuant to Sections 44279.1 and 44279.2.

(C)An alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts, that addresses the individual professional needs of beginning teachers and meets the commission’s standards of induction. The commission shall ensure that preparation and induction programs that qualify candidates for professional credentials extend and refine each beginning teacher’s professional skills in relation to the California Standards for the Teaching Profession and the academic content and performance standards for pupils adopted by the state board pursuant to Section 60605.

(D)A peer-based mentorship program approved by the commission.

(3)(A)If a candidate satisfies the requirements of subdivision (b), including completion of an accredited internship program of professional preparation, and if that internship program fulfills induction standards and is approved as set forth in this subdivision, the commission shall determine that the candidate has fulfilled the requirements of paragraph (2).

(B)If an approved induction program is verified as unavailable to a beginning teacher, or if the beginning teacher is required under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) to complete subject matter coursework to be qualified for a teaching assignment, the commission shall accept completion of an approved clear credential program after completion of a baccalaureate degree at a regionally accredited institution as fulfilling the requirements of paragraph (2). The commission shall adopt regulations to implement this subparagraph.

(4)Experience that includes the application of knowledge and skills previously acquired in a preliminary credential program, in accordance with commission standards, that addresses the following:

(A)Health education, including study of nutrition, cardiopulmonary resuscitation, and the physiological and sociological effects of abuse of alcohol, narcotics, and drugs and the use of tobacco. Training in cardiopulmonary resuscitation shall also meet the standards established by the American Heart Association or the American Red Cross.

(B)Field experience in methods of delivering appropriate educational services to pupils with exceptional needs in regular education programs.

(C)Advanced computer-based technology, including the uses of technology in educational settings.

(d)The commission shall develop and implement standards of program quality and effectiveness that provide for the areas of application listed in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (c), starting in professional preparation and continuing through induction.

(e)A credential that was issued before January 1, 1993, shall remain in force as long as it is valid under the laws and regulations that were in effect on the date it was issued. The commission shall not, by regulation, invalidate an otherwise valid credential, unless it issues to the holder of the credential, in substitution, a new credential authorized by another provision in this chapter that is no more restrictive than the credential for which it was substituted with respect to the kind of service authorized and the grades, classes, or types of schools in which it authorizes service.

(f)A credential program that is approved by the commission shall not deny an individual access to that program solely on the grounds that the individual obtained a teaching credential through completion of an internship program when that internship program has been accredited by the commission.

(g)Notwithstanding this section, persons who were performing teaching services as of January 1, 1999, pursuant to the language of this section that was in effect before that date, may continue to perform those services without complying with any requirements that may be added by the amendments adding this subdivision.

(h)Subparagraphs (A) and (B) of paragraph (4) of subdivision (b) do not apply to any person who, as of January 1, 1997, holds a multiple or single subject teaching credential, or to any person enrolled in a program of professional preparation for a multiple or single subject teaching credential as of January 1, 1997, who subsequently completes that program. It is the intent of the Legislature that the requirements of subparagraphs (A) and (B) of paragraph (4) of subdivision (b) be applied only to persons who enter a program of professional preparation on or after January 1, 1997.