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Legislation

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Read the full text of several important state and national laws that relate to sun safety in schools and the workplace.

Billy's Bill for Sun Safety
California Education Code, Section 35183.5

Summary: Schools are required to allow students to wear sun-protective clothing, including hats, while students are outdoors during the school day. Schools must also allow students to use sunscreen without a physicians’ note or prescription during the school day.

Liability for Employers of State Employed Lifeguards
California Labor Code, Section 3212.11

Summary: This law provides that lifeguards who develop skin cancer during their period of employment by certain local agencies and the Department of Parks and Recreation, are eligible for workers’ compensation.

Filante Tanning Facility Act of 1988, amended 2004
California Business and Professions Code, Sections 22700-22708

Summary: Children less than 14 years of age are prohibited from using tanning devices in tanning facilities in California. Children between the ages of 14 and 18 must have a parent or guardian’s written permission.

Position Statement on Sun Protection
California School Nurses Association

Summary: Credentialed school nurses should assist students, their families and staff in developing healthful life styles that can reduce the potential risk for ultraviolet-related illnesses and should also assist the district in policy development, which supports the wearing of sun-protective clothing and use of sunscreen in compliance with education code.

Sun Safety: Skin Cancer Prevention Measures as School
California State PTA

Summary: The California State PTA has acknowledged that overexposure to ultraviolet light is a hazard for students. Resolutions encourage development of sun safety guidelines, and for units, councils and districts to collaborate with their local school districts to ensure that sun-safety policies are implemented.

Concurrent Resolution No. 25: Relative to safety in employment
California State Senate

Summary: This resolution urge employers to ensure that their injury prevention programs and other systems for identifying and correcting workplace hazards consider the effects of ultraviolet radiation and ensure that skin cancer prevention policies for outdoor workers are put into operation.

Recognizing the importance of sun safety, and for other purposes
House Resolution 169

Summary: The U.S. House of Representatives recognizes the importance of sun safety and the need for sun safety education programs.

Local Wellness Policy
Section 204 of Public Law 108-265 Child Nutrition and WIC Reauthorization Act of 2004

Summary: Congress recognizes that schools play a critical role in promoting student health, preventing childhood obesity, and combating problems associated with poor nutrition and physical inactivity. The legislation places the responsibility of developing a wellness policy at the local level, so that the individual needs of each district can be addressed.

Skin Cancer Prevention Within Health Education
American Association for Health Education

Summary: Resolution to actively support educational programs to inform students, staff and guardians of the hazards of UV exposure, and to support school districts in their efforts to develop written policies regarding the protection of students and teachers against increased sun exposure at official school functions.

Resolution on Sun Safety School Policies and Education to Prevent Skin Cancer
American School Health Association

Summary: Acknowledges the dangers of UV overexposure and encourages official school policy for students and staff on sun safety that promotes sun-safe behaviors as well as other sun safety guidelines.


Billy's Bill for Sun Safety

Billy's Bill for Sun Safety
SB1632
BILL TEXT

BILL NUMBER: SB 1632 CHAPTERED
BILL TEXT

CHAPTER 266
FILED WITH SECRETARY OF STATE AUGUST 26, 2002
APPROVED BY GOVERNOR AUGUST 24, 2002
PASSED THE SENATE AUGUST 14, 2002
PASSED THE ASSEMBLY AUGUST 8, 2002
AMENDED IN ASSEMBLY JUNE 27, 2002
AMENDED IN SENATE APRIL 10, 2002

INTRODUCED BY Senator Perata

FEBRUARY 21, 2002

An act to amend Section 35183.5 of the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL'S DIGEST

SB 1632, Perata. Pupils: sun protection. Existing law authorizes any school district to adopt or rescind a reasonable dress code policy, as specified. Existing law requires every schoolsite to allow for outdoor use during the schoolday, articles of sun-protective clothing that pupils would be allowed to wear outdoors, including, but not limited to, hats, and authorizes schoolsites to set a policy related to that clothing. This bill would, in addition, require every schoolsite to allow pupils to use sunscreen during the schoolday without a physician's note or prescription and authorize schoolsites to set a policy related to the use of sunscreen.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.
Section 35183.5 of the Education Code is amended to read: 35183.5. (a) (1) Each schoolsite shall allow for outdoor use during the schoolday, articles of sun-protective clothing, including, but not limited to, hats. (2) Each schoolsite may set a policy related to the type of sun-protective clothing, including, but not limited to, hats, that pupils will be allowed to use outdoors pursuant to paragraph (1). Specific clothing and hats determined by the school district or schoolsite to be gang-related or inappropriate apparel may be prohibited by the dress code policy. (b) (1) Each schoolsite shall allow pupils the use of sunscreen during the schoolday without a physician's note or prescription. (2) Each schoolsite may set a policy related to the use of sunscreen by pupils during the schoolday. (3) For purposes of this subdivision, sunscreen is not an over-the-counter medication. (4) Nothing in this subdivision requires school personnel to assist pupils in applying sunscreen.
SEC. 2.
This act shall be known and may be cited as Billy's Bill for Sun Safety.

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Liability for employers of State employed Lifeguards

BILL NUMBER: AB 663 CHAPTERED
BILL TEXT

CHAPTER 846
FILED WITH SECRETARY OF STATE OCTOBER 13, 2001
APPROVED BY GOVERNOR OCTOBER 12, 2001
PASSED THE SENATE SEPTEMBER 12, 2001
PASSED THE ASSEMBLY SEPTEMBER 12, 2001
AMENDED IN SENATE AUGUST 31, 2001
AMENDED IN SENATE JULY 2, 2001
AMENDED IN SENATE JUNE 20, 2001
AMENDED IN ASSEMBLY MAY 31, 2001
AMENDED IN ASSEMBLY APRIL 24, 2001
AMENDED IN ASSEMBLY APRIL 16, 2001
AMENDED IN ASSEMBLY MARCH 26, 2001

INTRODUCED BY Assembly Member Vargas
(Coauthors: Assembly Members Calderon, Chavez, Frommer, Kehoe, La Suer, Strom-Martin, Washington, Wayne, and Zettel)
(Coauthors: Senators Alpert and Burton)

FEBRUARY 22, 2001

An act to add Section 3212.11 to the Labor Code, relating to workers' compensation.

LEGISLATIVE COUNSEL'S DIGEST

AB 663, Vargas. Workers' compensation: lifeguards.
Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers' compensation system. Existing law provides that, in the case of certain law enforcement officers and firefighters, the term "injury" includes heart trouble, hernia, pneumonia, and other injuries and diseases.
This bill would provide, with respect to active lifeguards employed, for more than 3 consecutive months in a calendar year, by certain local agencies and the Department of Parks and Recreation, that the term "injury" includes skin cancer that develops or
manifests itself during the period of the lifeguard's employment.
This bill would further create a rebuttable presumption that the above injury arises out of and in the course of the lifeguard's employment if it develops or manifests during the period of the employment.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 3212.11 is added to the Labor Code, to read:
3212.11. This section applies to both of the following: (a) active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, and (b) active state lifeguards employed by the Department of Parks and Recreation. The term "injury," as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguard's employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by the provisions of this division.
Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.
This section shall only apply to lifeguards employed for more than three consecutive months in a calendar year.

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Filante Tanning Facility Act of 1988, amended 2004

BILL NUMBER: AB 2193 CHAPTERED
BILL TEXT

CHAPTER 758
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2004
APPROVED BY GOVERNOR SEPTEMBER 24, 2004
PASSED THE ASSEMBLY AUGUST 25, 2004
PASSED THE SENATE AUGUST 24, 2004
AMENDED IN SENATE AUGUST 23, 2004
AMENDED IN SENATE AUGUST 16, 2004
AMENDED IN SENATE JUNE 9, 2004
AMENDED IN ASSEMBLY APRIL 22, 2004
AMENDED IN ASSEMBLY APRIL 12, 2004
AMENDED IN ASSEMBLY MARCH 22, 2004

INTRODUCED BY Assembly Member Nation
(Coauthor: Senator Speier)

FEBRUARY 18, 2004

An act to amend Sections 22706 and 22708 of the Business and Professions Code, relating to tanning facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 2193, Nation. Tanning facilities.
Existing law, the Filante Tanning Facility Act, provides for regulation of tanning facilities by the Department of Consumer Affairs, and requires a tanning facility to provide a written warning to customers and to post certain warning signs in the facility. Existing law makes a first violation of the act an infraction, and subsequent violations a misdemeanor. This bill would make a tanning facility that violates a provision of the act liable for a civil penalty not to exceed $2,500 per day. Existing law requires a person less than 14 years of age to be accompanied by his or her parent or guardian when using a tanning device. This bill would instead prohibit a person less than 14 years of age from using a tanning device. By expanding the scope of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.
The Legislature finds and declares the following: (a) The United States Food and Drug Administration (FDA) and numerous leading United States health care organizations estimate that approximately one million Americans each year will be stricken with skin cancer, a potentially deadly disease, and the most common of all types of cancers. (b) Melanoma is more common than any nonskin cancer among women between 25 and 29 years old, and as of 2003, one in 70 Californians has a lifetime risk of developing melanoma. Nationally, one person dies of melanoma every hour. (c) The FDA, joined by the National Institutes of Health (NIH), the United States Centers for Disease Control and Prevention (CDC), and numerous leading United States and international health care organizations, discourages the use of tanning beds and sunlamps, and has concluded that indoor tanning can be as harmful as outdoor tanning, and that perhaps more than one million people in the United States alone visit tanning salons each day on the average. (d) The FDA and numerous leading United States and international health care organizations have expressed concerns that the consuming public generally does not know that indoor tanning devices, such as tanning beds and sunlamps, emit ultraviolet radiation, UVA and UVB, that is similar to and sometimes more powerful than the UV radiation emitted by the sun. (e) The leading cause of skin cancers in California, including basal cell and squamous cell carcinomas and melanoma, is excessive exposure to UVA and UVB rays from both natural and artificial sources. The FDA has concluded that there are no "safe rays" insofar as both types of ultraviolet light cause skin cancer, damage to the eyes and the immune system, as well as wrinkling and other signs of premature skin aging. (f) Tanning devices in salons, tanning parlors, spas, and similar settings that emit mostly UVA light are in no way less harmful alternatives to the sun's rays, insofar as UVA rays penetrate deeper than UVB rays, causing damage to the underlying connective tissue as well as to the skin's surface. (g) Since there is currently no repair treatment available for reversing the brutal effects of UVA and UVB rays on the skin, effecting basic, minimally intrusive, public education to prevent such damage before it occurs is the best approach to maintaining the public health of the citizens of this state. (h) It is in the public interest to exercise the state's public education capabilities to warn the public of the risks of UVA radiation exposure by skin tanning units or devices, to endorse the findings released by the FDA warning Americans that the use of UVA tanning booths and sun beds pose potentially significant health risks to users, and to adopt legislation regarding UVA exposure to ensure the posting of warnings of these risks in commercial tanning salons, parlors, and spas.
SEC. 2.
Section 22706 of the Business and Professions Code is amended to read: 22706. (a) A tanning facility shall: (1) Have an operator present during operating hours who is sufficiently knowledgeable in the correct operation of the tanning devices used at the facility so that he or she is able to inform and assist each customer in the proper use of the tanning devices. (2) before each use of a tanning device, provide each customer with properly sanitized protective eyewear that protects the eye from ultraviolet radiation and allows adequate vision to maintain balance; and not allow a person to use a tanning device if that person does not use the protective eyewear. (3) Show each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer. (4) Use a timer that has an accuracy of plus or minus 10 percent of any selected timer interval. (5) Limit each customer to the maximum exposure time as recommended by the manufacturer. (6) Control the interior temperature of a tanning facility so that it does not exceed 100 degrees Fahrenheit. (b) (1) Every person who uses a tanning facility shall sign a written statement acknowledging that he or she has read and understood the warnings before using the device; and agrees to use the protective eyewear that the tanning facility provides. The statement of acknowledgment shall be retained by the tanning facility until the end of the calendar year at which time each person who is a current customer of the facility shall be required to renew that acknowledgment. (2) Whenever using a tanning device a person shall use the protective eyewear that the tanning facility provides. (3) Before any person between 14 and 18 years of age uses a tanning device, he or she shall give the tanning facility a statement signed by his or her parent or legal guardian stating that the parent or legal guardian has read and understood the warnings given by the tanning facility, consents to the minor's use of a tanning device, and agrees that the minor will use the protective eyewear that the tanning facility provides. (4) Persons under 14 years of age are prohibited from using a tanning device.
SEC. 3.
Section 22708 of the Business and Professions Code is amended to read: 22708. (a) A first violation of this chapter is an infraction. Each day a first violation continues constitutes a separate infraction. (b) Any violation of this chapter subsequent to a first violation is a misdemeanor. Each day a subsequent violation continues constitutes a separate misdemeanor. (c) A tanning facility that has violated this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day in addition to any other penalty established by law. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

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California School Nurses Organization

Position Statement
SUN PROTECTION
STATEMENT

The California School Nurses Organization believes that the credentialed school nurse should assist students, their families and staff in developing healthful life styles that can reduce the potential risk for ultraviolet-related illnesses. The credentialed school nurse should also assist the district in policy development, which supports the wearing of sun-protective clothing and use of sunscreen in compliance with education code.
RATIONALE
Skin cancer is the most common form of cancer in the United States. Credentialed school nurses have the opportunity to educate students, families and staff regarding sun safety practices that should be followed consistently and begin early in life. These practices, such as the use of sunscreen, wearing protective clothing, avoidance of prolonged sun exposure and regular inspection of the skin, contribute to the prevention, early identification and treatment of skin cancer.
References:
American Cancer Society
Center for Disease Control and Prevention: www.cdc.gov/cancer/nscpep/skin
California Education Code Section 35183.5
NASN Position Statement: The School Nurse and Sun Protection, Adopted 6/00
Adopted: 11/01, Revised 11/04, Board of Directors, California School Nurses Organization

CALIFORNIA STATE PTA
930 Georgia Street, Los Angeles, CA 90015-1322
(213) 620-1100 • FAX (213) 620-1411 • E-mail: info@capta.org • www.capta.org
SUN SAFETY: SKIN CANCER PREVENTION MEASURES AT SCHOOL
Adopted by Convention Delegates May 1, 2005

WHEREAS, The California State PTA seeks to promote public policy and actions that protect the health and safety of all children; and
WHEREAS, Skin cancer is one of the most common cancers afflicting California residents and the chief cause of skin cancer is exposure to ultraviolet (UV) radiation emitted from the sun; and
WHEREAS, Sixty to eighty percent of a person’s lifetime UV exposure occurs during childhood and adolescence; and
WHEREAS, UV rays are most powerful between 10 a.m. and 4 p.m., and students are outdoors daily on campus for significant time periods during these hours; and
WHEREAS, Solar radiation, including UV rays, is classified by the U.S. Department of
Health and Human Services as a “known human carcinogen,” or cancer causing agent, as are asbestos, radon, and tobacco smoke; and
WHEREAS, A person’s chance of developing melanoma, the most deadly form of skin cancer, is often directly related to his or her exposure to the sun during the pre-adult years and research shows that the risk of developing skin cancer is increased by experiencing two or more blistering sunburns as a child; and
WHEREAS, Over-exposure to UV radiation can also result in painful sunburns, cataracts, a weakened immune system and premature aging including wrinkles and blotches; and
WHEREAS, Skin cancer is highly preventable when specific sun-safety behaviors including the use of sunscreen, protective clothing, wide-brimmed hats and sunglasses with UV protective lenses are adopted, and where these behaviors are supplemented by environmental guidelines and sun protection policies such as the provision of shade structures are implemented; now therefore be it
RESOLVED, That the California State PTA urge its units, councils and districts to educate students, parents, school personnel and the community about the high incidence of skin cancer and the recommended strategies for reducing risk for this disease; and be it further
RESOLVED, That the California State PTA encourage the development and adoption of a comprehensive set of sun-safety guidelines, and that these guidelines be made available to local school districts and child care settings to assist these entities in developing local policies and procedures; and be it further
RESOLVED, That the California State PTA urge its units, councils and districts to collaborate with their local school districts to ensure that sun-safety policies are implemented; and be it further
RESOLVED, That the California State PTA encourage other state PTAs to adopt a similar resolution.

BACKGROUND SUMMARY
While some sun exposure is certainly good for both physical and mental health, many children, youth, and adults experience too much contact with UV rays. Solar radiation is most intense from 10 a.m. to 4 p.m., the prime hours when students and school personnel are outdoors on campus (during P.E., recess, and lunch). This contributes to the fact that more than sixty percent of lifetime sun exposure occurs before adulthood.
Sun exposure, especially during the first decade of life, strongly links to skin cancer in adulthood.
Individuals of any race or nationality can develop skin cancer. Sun-safety measures should be integrated into standard school operating procedures similar to the emphasis applied to many other safety issues such as fire escape plans, earthquake and fire drills, elimination of dangerous playground equipment, and asbestos removal from structures.
Promotion and practice of sun-safety behaviors within the structured school environment will influence young people to practice sun-protection during both school and non-school hours.

California enacted a law (§35183.5 effective January 2002) that requires schools to allow students, when outdoors, to wear school-site approved sun-protective hats and clothing.
Recognizing the generally understood link between sun exposure and ever-increasing skin cancer rates, it is vitally important for administrators of schools and other programs that provide outdoor activities for young people to adopt and implement sun-protection instruction and guidelines, and provide ample onsite shade cover (trees and structures).

Senate Concurrent Resolution No. 25
RESOLUTION CHAPTER 105
Senate Concurrent Resolution No. 25—Relative to safety in employment.

[Filed with Secretary of State September 6, 2005.]
legislative counsel’s digest
SCR 25, Speier. Employer safety practices.
This measure would urge employers to ensure that their injury prevention programs and other systems for identifying and correcting workplace hazards consider the effects of ultraviolet radiation and ensure that skin cancer prevention policies for outdoor workers are put into operation.
The measure would also urge the appropriate state agencies to utilize existing means of communication with employers to advise employers of the importance of sun safety and skin cancer protections in the workplace.
WHEREAS, The chief cause of skin cancer is exposure to ultraviolet rays (UV) from natural sunlight and artificial sources and UV rays in sunlight cause 90 percent of all skin cancer; and
WHEREAS, According to the American Cancer Society, skin cancer is the most common cancer in the United States; and
WHEREAS, One in five Americans will develop skin cancer in his or her lifetime and one American every hour dies from the disease; and
WHEREAS, Unprotected exposure to sunlight over time is pathologic in some cases, as demonstrated by reputable sources including the California Department of Health Services, the United States Army Center for Health Promotion and Prevention Medicine, the United States Centers for Disease Control and Prevention, the United States Department of Health and Human Services, the United States National Institutes of Health, the United States Occupational Health and Safety Administration, and the World Health Organization; and
WHEREAS, During April 2000, the United States Department of Health and Human Services in its Ninth Report on Carcinogens, classified solar radiation as a “known human carcinogen” or cancer-causing agent; and
WHEREAS, Building on this declaration, the federal Office of Safety and Health Administration, in July 2000, released formal sun-safety protection guidelines for outdoor workers, which are summarized in a pocket card entitled, “Projecting Yourself Against Harmful Sunlight”; and
WHEREAS, The Centers for Disease Control and Prevention, the World Health Organization, and the California Department of Health Services Skin Cancer Prevention Program have published guidelines for sun safety and skin cancer prevention for outdoor workers; and
WHEREAS, The Labor Code requires employers to establish an effective system to identify and correct unsafe and unhealthy work practices; and
WHEREAS, According to the Occupational Health and Safety Administration created in the United States Department of Labor, “unprotected employees working in sunlight risk exposure to UV radiation, which can cause eye damage, premature aging of the skin, and skin cancers, such as melanoma, the most serious type of skin cancer, which accounts for more than seventy-five percent (75%) of the deaths due to skin cancer”; and
WHEREAS, Skin cancer is highly preventable when specific sun safety behaviors such as the use of wide-brimmed hats, UV-protective sunglasses, long clothing, and sunscreen are adopted, supplemented by environmental supports such as the provision of shade and the adoption and implementation of sun protection guidelines and policies; and
WHEREAS, Businesses, organizations, and individuals need to understand why and how to guard against unprotected exposure to sunlight; and
WHEREAS, Safety and health precautions add value to business, the workplace, and human life; now, therefore, be it
Resolved by the Senate of the State of California, the Assembly thereof concurring, That employers are urged to ensure that their injury prevention programs and other systems for identifying and correcting workplace hazards consider the pathologic effects of UV radiation and ensure, as appropriate, that skin cancer prevention policies for outdoor workers are put into operation; and be it further
Resolved, That the Legislature urges the appropriate state agencies to utilize existing means of communication with employers on workplace safety issues to advise employers of the importance of sun safety and skin cancer protections in the workplace.

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Recognizing the importance of sun safety, and for other purposes
House Resolution 169:

IN THE HOUSE OF REPRESENTATIVES
MARCH 17, 2005
Mr. BILIRAKIS (for himself and Ms. ESHOO) submitted the following resolution; which was referred to the Committee on Energy and Commerce

JUNE 7, 2005
Additional sponsors: Mr. BOUCHER, Mr. GENE GREEN of Texas, Mrs. BONO,
and Mr. HINCHEY

JUNE 7, 2005

RESOLUTION
Recognizing the importance of sun safety, and for other purposes.

Whereas Americans of all ages cherish the pleasures of out-door activities, and too few recognize that overexposure to the sun and its ultraviolet radiation, classified by the Department of Health and Human Services as a known carcinogen, is the leading cause of skin cancer;

Whereas it is critically important to be safe in the sun be- cause skin cancer is the fastest growing cancer in our country today, affecting 1 in 5 Americans during their lifetimes and killing 1 person every hour of every day;

Whereas more than 1,000,000 new cases of skin cancer will be diagnosed in the United States this year, accounting for nearly half of all new cases of cancer and exceeding the incidence of breast, prostate, lung, and colon cancer combined;

Whereas most people receive approximately 80 percent of their lifetime sun exposure by age 18, setting the stage for skin cancer later in life;

Whereas skin cancer is highly preventable by taking simple precautions when engaged in outdoor activities;

Whereas research demonstrates that practicing good sun safety has the potential to significantly reduce the risk of skin cancer;

Whereas the Sun Safety Alliance and its members have dedi- cated themselves to promoting sun safety, eliminating skin cancer from excessive sun exposure, and encouraging sun protection practices, especially among children; and

Whereas the Sun Safety Alliance has designated the week of June 5, 2005, to June 11, 2005, as National Sun Safety Week:

Now, therefore, be it Resolved, that the House of Representatives-

  1. recognizes the importance of sun safety;
  2. recognizes the need for school-based sun safety education programs;
  3. encourages all Americans to protect themselves and their children from the dangers of excessive sun exposure;
  4. congratulates the Sun Safety Alliance for its efforts to promote sun safety and prevent skin cancer; and
  5. supports the goals and ideas of National Sun Safety Week.

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Local Wellness Policy

Section 204 of Public Law 108-265—June 30, 2004
Child Nutrition and WIC Reauthorization Act of 2004
SEC. 204 LOCAL WELLNESS POLICY
(a) IN GENERAL - Not later than the first day of the school year beginning after June 30, 2006, each local education agency participating in a program authorized by the Richard B. Russell National School Lunch Act (42 U.S.C.1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall establish a local school wellness policy for schools under the local educational agency that, at a minimum—
1) Includes goals for nutrition education, physical activity and other school- based activities that are designed to promote student wellness in a manner that the local educational agency determines is appropriate;
2) Includes nutrition guidelines selected by the local educational agency for all foods available on each school campus under the local educational agency during the school day with the objectives of promoting student health and reducing childhood obesity;
3) Provides an assurance that guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture pursuant to subsections (a) and (b) of section 10 of the Child Nutrition Act (42 U.S.C. 1779) and section 9(f)(1) and 17(a) of the Richard B Russell National School Lunch Act (42 U.S.C. 1758(f)(1), 1766(a)0, as those regulations and guidance apply to schools;
4) Establishes a plan for measuring implementation of the local wellness policy, including designation of 1 or more persons within the local educational agency or at each school, as appropriate, charged with operational responsibility for ensuring that the school meets the local wellness policy; and
5) Involves parents, students, and representatives of the school food authority, the school board, school administrators, and the public in the development of the school wellness policy.
(b) TECHNICAL ASSISTANCE AND BEST PRACTICES. -
(1) IN GENERAL. - The Secretary, in coordination with the Secretary of Education and in consultation with the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, shall make available to local educational agencies, school food authorities, and State educational agencies, on request, information and technical assistance for use in—
(A) Establishing healthy school nutrition environments;
(B) Reducing childhood obesity; and
(C) Preventing diet-related chronic diseases.
(2) CONTENT. - Technical assistance provided by the Secretary under this subsection shall—
(A) Include relevant and applicable examples of schools and local educational agencies that have taken steps to offer healthy options for foods sold or served in schools;
(B) Include such other technical assistance as is required to carry out the goals of promoting sound nutrition and establishing healthy school nutrition environments that are consistent with this section;
(C) Be provided in such a manner as to be consistent with the specific needs and requirements of local educational agencies; and
(D) Be for guidance purposes only and not be construed as binding or as a mandate to schools, local educational agencies, school food authorities, or State educational agencies.
(3) FUNDING. –
(A) IN GENERAL. – On July 1, 2006, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this subsection $4,000,000, to remain available until September 30, 2009.
(B) RECEIPT AND ACCEPTANCE. – The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.

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SKIN CANCER PREVENTION WITHIN HEALTH EDUCATION

(A Resolution of the American Association for Health Education)
Child Nutrition and WIC Reauthorization Act of 2004WHEREAS, it is the responsibility of professionals in health education, physical education, sport, recreation, and dance to promote and protect the health of the youth of this nation; and
WHEREAS, skin cancer is the most common form of cancer in the United States, increasing at an epidemic rate with one in five Americans developing skin cancer,
WHEREAS, the sun’s ultraviolet rays are responsible for more than 90 percent of all skin cancers,
WHEREAS, exposure to the sun’s UV rays during childhood (up to 18 years old) is estimated to account for almost 80% of a person’s lifetime sun exposure,
WHEREAS, adults working with youth have an opportunity to make a meaningful contribution to skin cancer prevention through being aware of the problems and why sun safety education and strategies are important; therefore be it
Resolved, that the American Association for Health Education (AAHE) actively support educational programs to inform pre-K, elementary students, adolescents, parents, caretakers and education professionals about the hazards of UV exposure, its detrimental effects on health and appropriate prevention strategies; and be it further
Resolved that AAHE support school districts in their efforts to develop written policies regarding the protection of students and teachers against increased sun exposure at official school functions; and be it further
Resolved that AAHE encourage sport leaders, coaches and athletes to take leadership roles in acting as role models and encourage the development of healthy sun safe lifestyles and sun safe policies;and be it further
Resolved that AAHE participates in the National Coalition for Skin Cancer Prevention in Health,
Physical Education, Recreation and Youth Sports; and be it further
Resolved that this resolution be communicated to the American Association of School
Administrators, National Association of Secondary School Principals, National Association for Elementary School Principals, the National Education Association, the American Federation of Teachers, the National Parent Teachers Association, National Collegiate Athletic Association and other relevant organizations.

Resolution on Sun Safety School Policies and Education to Prevent Skin Cancer
(Recently adopted by the American School Health Association, November 2004)
WHEREAS, schools have the potential to influence student’s behavior particularly with regard to outdoor activities both during and after school hours;1,2,3
WHEREAS, it is estimated that most children and adolescents spend 2.5 to 3.0 hours per day outdoors in the sun; 1
WHEREAS, exposure to the sun’s ultraviolet rays during childhood accounts for a significant percentage of a person’s lifetime exposure; 1,3
WHEREAS, the lifetime risk of getting skin cancer is linked to sun exposure and sunburn during childhood and adolescence; 1,3,4
WHEREAS, over exposure to the ultraviolet rays of the sun accounts for the majority of all skin cancers in the U.S.; 1,3,4
WHEREAS, skin cancer is the most common cancer in the U.S.; 1,2,3,4
WHEREAS, schools, along with families and communities, share the responsibility to
promote sun safety ; 1,2,3
WHEREAS, The Healthy People 2010 Objective is to increase the proportion of persons,
particularly adolescents, to use at least one of the protective measures that may reduce the risk of skin cancer;1 and
WHEREAS, the Centers for Disease Control and Prevention, the World Health
Organization, and the National Association of School Boards of Education have published
guidelines for sun safety and skin cancer prevention for schools.1
THEREFORE, BE IT RESOLVED: that the American School Health Association:
1) urges that school districts establish, monitor, and enforce an official school policy for students and staff on sun safety that promotes sun-safe behaviors for all outside school activities including, but not limited to the wearing of a sun-protective hat, the wearing of clothing which protects the body including the arms and legs, wearing a broad-spectrum sunscreen and lip balm with a sun protective factor (SPF) of 15 or greater, and the use of sunglasses which block UV rays;
2) recommends classroom instruction on sun safety and skin cancer prevention within a comprehensive school health education program through a multi-year scope and sequence of lessons beginning in elementary grades; Page 1 of 3
3) recommends specific professional development for teachers and other personnel charged with delivering sun safety and skin cancer prevention education;
4) urges schools to educate students about the dangers of suntanning and the use of tanning salons and sun lamps through the junior and senior high school curriculum;
5) encourages school districts to adopt, implement, and monitor an environmental support plan which addresses sun safety in outdoor areas by providing shade options for students and staff;
6) supports the awareness of the local UV Index (UVI) forecast in daily school communications to students and staff encouraging appropriate safety reminders;
7) supports the scheduling of outdoor activities to maximize the use of indoor or shaded areas between the hours of 10 a.m. and 4 p.m. particularly on days when the UV Index is 6 or higher;
8) recommends that school districts provide staff development or in- service training on sun safety and skin cancer prevention information for all school personnel (teachers, coaches, nurses, playground aides) emphasizing the environmental hazard of ultraviolet radiation, the health risk for the potential development of skin cancer, and sun protection strategies;
9) encourages schools to communicate to parents, caregivers, and parent organizations the need for skin cancer prevention measures, sun safety tips, and details of the schools’ sun safety program and policies;
10) recommends that the school nurse and all school health services personnel be involved in the sun safety efforts of the school district;
11) encourages all staff to practice sun-protective behaviors and to recognize their importance as sun safety role models for persons of all ages particularly school-aged children and adolescents;
12) recommends that school district administrators and school board members, on a regular basis, evaluate the effectiveness of their sun safety program and seek to remedy any identified weaknesses or deficiencies; and
13) recommends when new school facilities are being planned or old ones remodeled, school districts consider providing indoor physical activity facilities, such as gymnasiums and fitness centers, especially in areas of the country that have consistent sunny and hot weather.

References
1. Centers for Disease Control and Prevention, ”Guidelines for School Programs to Prevent Skin Cancer.” Morbidity and Mortality Weekly Report 51, N0. RR-4 (April 26,2002).
2. AMC Cancer Research Center, “Sun-Safe School Guide.” Denver, CO. 1998.
3. National Association of State School Boards of Education, “Fit, Healthy, and Ready to Learn”. Part II Sun Safety. Policies to Promote Sun Safety and Prevent Skin Cancer. 2002.
4. American Cancer Society, Cancer Facts and Figures. Atlanta, GA. 2004.
5. Saraiya M, Hall HI, Uhler RJ. Sunburn Prevalence among adults in the UnitedStates, 1999, American Journal of Preventive Medicine. 2002;23 (2):91-97.
Year Adopted: 2004
© 2004

American School Health Association
7263 State Route 43 / P.O. Box 708
Kent, OH 44240
330/678-1601 (phone); 330/678-4526 (fax); asha@ashaweb.org (e-mail) www.ashaweb.org

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