PRINTER'S NO. 951
No. 833 Session of 1989
INTRODUCED BY BISHOP, THOMAS, RYBAK, RICHARDSON, OLIVER, HOWLETT, COLAIZZO, JAMES, CARN, JOSEPHS, KOSINSKI, HUGHES, FREEMAN, TRICH, RITTER, PRESSMANN, KONDRICH, MAINE, ROBINSON, PRESTON, BUNT, PISTELLA, YANDRISEVITS, VEON, SEMMEL, MORRIS, KUKOVICH, BOYES AND BELARDI, APRIL 3, 1989
REFERRED TO COMMITTEE ON EDUCATION, APRIL 3, 1989
AN ACT 1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 2 act relating to the public school system, including certain 3 provisions applicable as well to private and parochial 4 schools; amending, revising, consolidating and changing the 5 laws relating thereto," further providing for the nonprofit 6 school food program. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 1337 of the act of March 10, 1949 10 (P.L.30, No.14), known as the Public School Code of 1949, 11 amended December 6, 1972 (P.L.1430, No.314), is amended to read: 12 Section 1337. Nonprofit School Food Program.--(a) 13 Definitions. For the purpose of this section--"school food 14 program" means a program under which food is served by any 15 school on a nonprofit basis to children in attendance, including 16 any such program under which a school receives assistance out of 17 funds appropriated by the Congress of the United States. 18 (b) Expenditure of Federal Funds. The Department of
1 Education is hereby authorized to accept and direct the 2 disbursement of funds appropriated by any act of Congress, and 3 apportioned to the State, for use in connection with school food 4 programs. The Department of Education shall deposit all such 5 funds received from the Federal Government in a special account 6 with the Treasurer of the State who shall make disbursements 7 therefrom upon the direction of the Department of Education. 8 (c) Administration of Program. The Department of Education 9 may enter into such agreements with any agency of the Federal 10 Government, with any board of school directors, or with any 11 other agency or person prescribe such regulations, employ such 12 personnel, and take such other action as it may deem necessary 13 to provide for the establishment, maintenance, operation and 14 expansion of any school food program, and to direct the 15 disbursement of Federal and State funds in accordance with any 16 applicable provisions of Federal or State law. Regulations under 17 this subsection shall require that any food sold in a machine 18 located on the premises of a school be on the list provided 19 under subsection (f). The Department of Education may give 20 technical advice and assistance to any board of school directors 21 in connection with the establishment and operation of any school 22 food program, and may assist in training personnel engaged in 23 the operation of such program. The Department of Education, and 24 any board of school directors, may accept any gift for use in 25 connection with any school food program. 26 (d) Boards of School Directors. Pursuant to any power of 27 boards of school directors to operate or provide for the 28 operation of school food programs in schools under their 29 jurisdiction, boards of school directors may use therefore funds 30 disbursed to them under the provisions of this section, gifts 19890H0833B0951 - 2 -
1 and other funds, received from sale of school food under such 2 programs. 3 (e) Accounts, Records, Reports and Operations. The 4 Department of Education shall prescribe regulations for the 5 keeping of accounts and records, and the making of reports by, 6 or under the supervision of boards of school directors. Such 7 accounts and records shall at all times be available for 8 inspection and audit by authorized officials, and shall be 9 preserved for such period of time, not in excess of five years, 10 as the Department of Education may lawfully prescribe. The 11 Department of Education shall conduct or cause to be conducted 12 such audits, inspections, and administrative reviews of 13 accounts, records, and operations with respect to school food 14 programs, as may be necessary to determine whether its 15 agreements with boards of school directors, and regulations made 16 pursuant to this section, are being complied with, and to insure 17 that school food programs are effectively administered. 18 (f) Studies, Appraisals and Reports to Governor. The 19 Department of Education is hereby authorized, to the extent that 20 funds are available for that purpose and in cooperation with 21 other appropriate agencies and organizations, to conduct studies 22 of methods of improving and expanding school food programs and 23 promoting nutritional education in the schools, to conduct 24 appraisals of the nutritive benefits of school food programs and 25 to report its findings and recommendations, from time to time, 26 to the Governor. Nutritive benefits of school food programs 27 shall be expanded to include the study of nonnutritional foods 28 sold in machines located on the premises of schools. The studies 29 shall be undertaken to determine whether nonnutritional foods 30 adversely affect children by contributing to a general 19890H0833B0951 - 3 -
1 deterioration of their health or by contributing to discernable 2 amounts of hyperactivity in the classrooms. The studies shall 3 provide a list of foods that supply a minimum of five (5) per 4 centum of the National Research Council's Recommended Daily 5 Dietary Allowances for protein, vitamin A, ascorbic acid, 6 niacin, riboflavin, thiamine, calcium and iron. 7 Section 2. This act shall take effect in 180 days. B10L24VDL/19890H0833B0951 - 4 -