CSHB 70(RES): "An Act establishing the farm-to-school program in the Department of Natural Resources, and relating to school gardens, greenhouses, and farms."

00 CS FOR HOUSE BILL NO. 70(RES) 01 "An Act establishing the farm-to-school program in the Department of Natural 02 Resources, and relating to school gardens, greenhouses, and farms." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 03.05.010(a) is amended to read: 05 (a) The commissioner of natural resources shall 06 (1) direct, administer, and supervise promotional and experimental 07 work, extension services, and agricultural projects for the purpose of promoting and 08 developing the agricultural industry within the state including such fields as 09 horticulture, dairying, cattle raising, fur farming, grain production, vegetable 10 production, and development of other agricultural products; 11 (2) procure and preserve all information pertaining to the development 12 of the agricultural industry and disseminate that information to the public; 13 (3) assist prospective settlers and others desiring to engage in the 14 agricultural industry in the state with information concerning areas suitable for

01 agriculture and other activities and programs essential to the development of the 02 agricultural industry in the state; 03 (4) review the marketing, financing, and development of agricultural 04 products inside the state including transportation, with special emphasis upon local 05 production, and negotiate for the marketing of agricultural products of the state with 06 federal and state agencies operating in the state; 07 (5) regulate and control the entry into the state and the transportation, 08 sale, or use inside the state of plants, seeds, vegetables, shell eggs, fruits and berries, 09 nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and 10 agricultural chemicals in order to prevent the spread of pests, diseases, or toxic 11 substances injurious to the public interest, and to protect the agricultural industry 12 against fraud, deception, and misrepresentation; in this connection, the commissioner 13 may require registration, inspection, and testing, and establish procedures and fees; 14 [AND] 15 (6) regulate the farming of elk in a manner similar to the manner in 16 which the commissioner regulates domestic animals and livestock, to the extent that is 17 appropriate; 18 (7) implement the farm-to-school program established in 19 AS 03.20.100. 20 * Sec. 2. AS 03.20 is amended by adding a new section to read: 21 Article 2. Farm-to-school Program. 22 Sec. 03.20.100. Farm-to-school program established. (a) The farm-to-school 23 program is established in the department to increase the procurement and use by 24 public schools of food grown in the state. 25 (b) The department, in consultation with the Department of Health and Social 26 Services, the Department of Education and Early Development, the Department of 27 Administration, and the University of Alaska Cooperative Extension Service, shall, in 28 order of priority, 29 (1) coordinate with school procurement officials, buying cooperatives, 30 and other appropriate organizations to develop uniform procurement policies and 31 procedures, as well as materials and practical recommendations, to facilitate the

01 procurement and use by public schools of food grown in the state; these policies, 02 procedures, materials, and recommendations shall be made available to school districts 03 to adopt at their discretion; 04 (2) assist food producers, distributors, and food brokers to market food 05 grown in the state to public schools by informing school districts of food procurement 06 opportunities, bid procedures, purchasing criteria, and other relevant requirements; 07 (3) assist public schools in connecting with local producers by 08 informing the schools of the resources and availability of food grown in the state and 09 the nutritional, environmental, and economic benefits of purchasing the food grown in 10 the state; 11 (4) identify and recommend mechanisms that will increase the 12 predictability of sales for producers and the adequacy of supply for purchasers; 13 (5) identify and make available to public schools existing curricula, 14 programs, and publications that educate students on the nutritional, environmental, and 15 economic benefits of preparing and consuming food grown in the state; 16 (6) support efforts to advance other farm-to-school activities, including 17 school gardens, school farms, and farm visits; 18 (7) as resources allow, seek additional funding to leverage state 19 expenditures for the program. 20 (c) Beginning January 25, 2010, the department, in cooperation with the 21 Department of Education and Early Development, shall collect data on the activities 22 conducted under this section and report the data biennially to the legislature. The data 23 collected must include the number of schools and farms participating in the program 24 established under (a) of this section and the increase, if any, in the procurement by the 25 public schools of food grown in the state. 26 (d) This section does not modify AS 36.15.050 and 36.15.060 regarding 27 preferences for Alaska agricultural and fisheries products. 28 (e) In this section, 29 (1) "food grown in the state" includes fruits and vegetables grown in 30 the state and meat and dairy products produced in the state; 31 (2) "program" means the farm-to-school program described in this

01 section. 02 * Sec. 3. AS 14.07.020(a) is amended to read: 03 (a) The department shall 04 (1) exercise general supervision over the public schools of the state 05 except the University of Alaska; 06 (2) study the conditions and needs of the public schools of the state, 07 adopt or recommend plans, administer and evaluate grants to improve school 08 performance awarded under AS 14.03.125, and adopt regulations for the improvement 09 of the public schools; 10 (3) provide advisory and consultative services to all public school 11 governing bodies and personnel; 12 (4) prescribe by regulation a minimum course of study for the public 13 schools; the regulations must provide that, if a course in American Sign Language is 14 given, the course shall be given credit as a course in a foreign language; 15 (5) establish, in coordination with the Department of Health and Social 16 Services, a program for the continuing education of children who are held in detention 17 facilities in the state during the period of detention; 18 (6) accredit those public schools that meet accreditation standards 19 prescribed by regulation by the department; these regulations shall be adopted by the 20 department and presented to the legislature during the first 10 days of any regular 21 session, and become effective 45 days after presentation or at the end of the session, 22 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 23 the members of each house; 24 (7) prescribe by regulation, after consultation with the state fire 25 marshal and the state sanitarian, standards that will assure healthful and safe 26 conditions in the public and private schools of the state, including a requirement of 27 physical examinations and immunizations in pre-elementary schools; the standards for 28 private schools may not be more stringent than those for public schools; 29 (8) exercise general supervision over pre-elementary schools that 30 receive direct state or federal funding; 31 (9) exercise general supervision over elementary and secondary

01 correspondence study programs offered by municipal school districts or regional 02 educational attendance areas; the department may also offer and make available to any 03 Alaskan through a centralized office a correspondence study program; 04 (10) accredit private schools that request accreditation and that meet 05 accreditation standards prescribed by regulation by the department; nothing in this 06 paragraph authorizes the department to require religious or other private schools to be 07 licensed; 08 (11) review plans for construction of new public elementary and 09 secondary schools and for additions to and major rehabilitation of existing public 10 elementary and secondary schools and, in accordance with regulations adopted by the 11 department, determine and approve the extent of eligibility for state aid of a school 12 construction or major maintenance project; for the purposes of this paragraph, "plans" 13 include educational specifications, schematic designs, and final contract documents; 14 (12) provide educational opportunities in the areas of vocational 15 education and training, and basic education to individuals over 16 years of age who 16 are no longer attending school; 17 (13) administer the grants awarded under AS 14.11; 18 (14) establish, in coordination with the Department of Public Safety, a 19 school bus driver training course; 20 (15) require the reporting of information relating to school disciplinary 21 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 22 behavior; 23 (16) establish by regulation criteria, based on low student performance, 24 under which the department may intervene in a school district to improve instructional 25 practices, as described in AS 14.07.030(14) or (15); the regulations must include 26 (A) a notice provision that alerts the district to the deficiencies 27 and the instructional practice changes proposed by the department; 28 (B) an end date for departmental intervention, as described in 29 AS 14.07.030(14)(A) and (B) and (15), after the district demonstrates three 30 consecutive years of improvement consisting of not less than two percent 31 increases in student proficiency on standards-based assessments in math,

01 reading, and writing as provided in AS 14.03.123(f)(2)(A); and 02 (C) a process for districts to petition the department for 03 continuing or discontinuing the department's intervention; 04 (17) notify the legislative committees having jurisdiction over 05 education before intervening in a school district under AS 14.07.030(14) or redirecting 06 public school funding under AS 14.07.030(15); 07 (18) assist the Department of Natural Resources in developing and 08 implementing the farm-to-school program established under AS 03.20.100. 09 * Sec. 4. AS 14.30 is amended by adding a new section to article 7 to read: 10 Sec. 14.30.375. School gardens, greenhouses, and farms. (a) A school 11 district may authorize or operate a school garden, greenhouse, or farm. The garden, 12 greenhouse, or farm must be used for educational purposes and for growing fruits and 13 vegetables for consumption by the students through the school district's meal and 14 snack program. 15 (b) If a school district operates a school garden, greenhouse, or farm, the 16 district shall give students representing student organizations, including vocational 17 programs, the opportunity to be involved in the operation of the school garden, 18 greenhouse, or farm. 19 (c) When a school garden, greenhouse, or farm is used for educating students 20 about agricultural practices, students shall be afforded the opportunity to learn about 21 both organic and conventional growing methods. 22 (d) If a school district operates a school garden, greenhouse, or farm, the 23 excess fruit and vegetables may be sold. 24 * Sec. 5. AS 03.05.010(a)(7); AS 03.20.100; AS 14.07.020(a)(18); and AS 14.30.375 are 25 repealed July 1, 2013.