167.229. Model school wellness program established, purpose--grants awarded, use of moneys--rulemaking authority--sunset provision.

MISSOURI STATUTES AND CODES

167.229. Model school wellness program established, purpose--grants awarded, use of moneys--rulemaking authority--sunset provision.

Model school wellness program established, purpose--grants awarded,use of moneys--rulemaking authority--sunset provision.

167.229. 1. The department of elementary and secondary education shallestablish a "Model School Wellness Program", and any moneys appropriated,other than general revenue, by the general assembly for this program shall beused by selected school districts to establish school-based pilot programsthat focus on encouraging students to establish and maintain healthylifestyles. The moneys appropriated shall be from the Child Nutrition and WICReauthorization federal grant money. These programs shall include tobaccoprevention education and the promotion of balanced dietary patterns andphysical activity to prevent becoming overweight or obese, and discussion ofserious and chronic medical conditions that are associated with beingoverweight. The content of these programs shall address state and nationalstandards and guidelines established by the No Child Left Behind Act, theHealthy People 2010 Leading Health Indicators as compiled by the NationalCenter for Health Statistics, and the Produce for Better Health Foundation's"5 A Day, The Color Way" program.

2. School districts may apply for one-year grants for school year2005-06 under this section. The department shall establish selection criteriaand methods for distribution of funds to school districts applying for suchfunds. The department shall promulgate rules to implement the provisions ofthis section.

3. A school district that receives a grant under this section shall usethe funds to plan and implement the program in a diverse sampling of schoolsin each district. The programs shall address students' academic success aswell as health concerns, and encourage links between the school and homesettings to promote active healthy lifestyles across the students' learningenvironments. The tobacco prevention initiative shall focus on grades fourand five to target students before they transition into middle grades. Theobesity prevention programs will cover sequential wellness education acrossgrades kindergarten through fifth grades. These programs shall:

(1) Be multidisciplinary, addressing academic standards in languagearts, math, and health;

(2) Provide multimedia resources that engage the students;

(3) Be evidence-based showing successful implementation includingpositive changes in desired outcomes, such as changes in body mass index orattitudes towards tobacco use;

(4) Be able to be integrated into the core classroom at the elementarylevel; and

(5) Be sustainable and provide open web-based resources to teachers andstudents across Missouri.

4. Hands-on professional development opportunities shall be provided inlocal districts for the teachers who will be implementing the program.Ongoing support shall be provided to the teachers and schools during the pilotperiod.

5. Following the completion of the 2005-06 school year, the departmentshall evaluate the effectiveness of the model school wellness program inincreasing knowledge, changing body mass index, improving attitudes andbehaviors of students related to nutrition, physical activity, or tobacco use.

6. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in this sectionshall become effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review, todelay the effective date, or to disapprove and annul a rule are subsequentlyheld unconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2005, shall be invalid and void.

7. Pursuant to section 23.353, RSMo, of the Missouri sunset act:

(1) The provisions of this section shall automatically sunset six yearsafter August 28, 2005, unless reauthorized by an act of the general assembly;and

(2) If such program is reauthorized, the program authorized under thissection shall automatically sunset twelve years after the effective date ofthe reauthorization of this section; and

(3) This section shall terminate on September 1 of the calendar yearimmediately following the calendar year in which the program authorized underthis section is sunset.