CHAPTER 330

FORMERLY

SENATE BILL NO. 289

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE CREATION OF A STATEWIDE HEALTH ADVISORY COUNCIL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

WHEREAS, the percentage of young people who are overweight has more than doubled in the last 20 years; and

WHEREAS, inadequate participation in physical activity is a significant contributor to the “epidemic of obesity” that has plagued the nation’s young people during the past two decades; and

WHEREAS, while combating childhood obesity involves many aspects of today’s society, especially parents, schools do have a significant role to play; and

WHEREAS, schools are in a unique position to teach lifetime physical activity and fitness through well-designed physical education and physical education programs; and

WHEREAS, quality physical education and physical activity have been identified as the most important weapons in the fight against obesity; and

WHEREAS, studies now show physically active students have improved academic performance; and

WHEREAS, to examine ways to combat the growing epidemic in childhood obesity rates and the resulting chronic health issues, a Physical Education Task Force was created by HCR 37 of the 143rd General Assembly and was charged to examine physical activity and physical education policies and programs in Delaware and to develop a comprehensive, integrated plan to increase physical education and physical activity in schools.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter II, Chapter 1, Title 14 of the Delaware Code, by inserting a new section to read as follows:

Ҥ 133. Health Advisory Council.

(a) This section authorizes the creation of a statewide Health Advisory Council, hereinafter referred to as the Council, to advise the Department of Education. The purpose of the Council, as recommended by the Physical Education Task Force created by HCR 37 of the 143rd General Assembly, is to provide advice and guidance to the Department of Education regarding current and future physical education and physical activity programs in Delaware public schools.

(b) The responsibilities of the Council will include:

(1) Monitoring and evaluating current physical education and physical activity programs, as well as any physical education and/or physical activity pilot projects conducted, in Delaware schools.

(2) Providing guidance for gradually incorporating and codifying an increase, based on national standards, in physical education and physical activity in all grades.

(3) Acting as a clearing house for best practices for physical education and physical activity programs as well as non-state funding sources for physical education and physical activity programs.

(4) Publishing an annual strategic plan and report on fitness and childhood obesity in Delaware. The plan and report shall be based on data collected through pilot programs, student fitness assessments, annual physical education and physical survey of physical education teachers and school principals, and other data sources. This plan and report shall be submitted to the Governor, members of the General Assembly and the Delaware State Board of Education and shall be made public.

(5) Ensuring that every Delaware public school has a school health leadership team, consistent with its district wellness policy, and serve as a conduit to school health leadership teams in order to facilitate the exchange of ideas, progress, data, analysis and best practices.

(6) Administering the physical education and physical activity survey annually given to both physical education teachers and principals.

(a) The Council shall be comprised of the following representatives:

(1) Two (2) members of the public to be appointed by the Governor;

(2) One (1) member of the Delaware State Senate, to be appointed by the President Pro Tempore of the Senate;

(3) One (1) member of the Delaware House of Representatives, to be appointed by the Speaker of the House;

(4) A representative of the Delaware Alliance for Health, Physical Education, Recreation and Dance;

(5) A representative of the Division of Public Health;

(6) A representative of the Department of Services for Children, Youth, and their Families;

(7) A representative of the Delaware Action for Healthy Kids;

(8) A representative of the Academy of Pediatrics;

(9) A representative of the American Cancer Society;

(10) A representative of the American Diabetes Association;

(11) A representative of the American Heart Association;

(12) A representative of Nemours Health and Preventive Services;

(13) A representative of the American Lung Association of Delaware;

(14) A physical education instructor currently teaching in a Delaware public school to be designated by the Delaware State Education Association;

(15) A representative of the Mental Health Association; and

(16) Two (2) members from the Department of Education appointed by the Secretary of Education.

The members of the Council shall select two (2) co-chairs from among its membership.

(a) Administrative support for the Council shall be provided by the Department of Education. The Council shall meet at least four (4) times per year.”

Section 2. The first meeting of the Council for organizational purposes shall be convened by the Department of Education and held no later than 90 days after enactment.

Section 3. This Council shall sunset on June 30, 2011.

Approved June 30, 2006