Code of the District of Columbia

Chapter 8A. Healthy Schools.


Subchapter I. Definitions; Establishment of Healthy Schools Fund.

§ 38–821.01. Definitions.

For the purposes of this chapter, the term:

(1) "Alternative breakfast serving model" means a model of serving breakfast:

(A) Such as breakfast in the classroom or breakfast on grab-and-go carts, in which breakfast is:

(i) Offered in one or more locations with high student traffic other than the cafeteria; and

(ii) Available after the start of the school day or both before and after the start of the school day; and

(B) That has been proven to increase student participation in breakfast relative to the traditional serving model, in which breakfast is served in the cafeteria before the start of the school day.

(1A) "Animal product" means meat, poultry, seafood, dairy, eggs, honey, and any derivative thereof.

(1B) "Breakfast in the classroom" means an alternative breakfast serving model where students eat breakfast in the classroom after the start of the school day.

(1C)(A) "Drinking water source" means a source of water from which a person can reasonably be expected to consume or cook with the water originating from the source.

(B) "Drinking water source" shall not include a source of water for which a public school or public charter school posts a conspicuous sign pursuant to § 38-825.01a(a)(1)(C) or (b)(2)(C); provided, that a public school or public charter school shall designate at least one kitchen sink in each school kitchen as a drinking water source.

(1D) "Formula grants process" means a process developed by OSSE to distribute grants based on the availability of funding and the needs of schools, as identified through OSSE data collection tools.

(1E) "Good Food Purchasing Program's core values" means the following 5 core values established by the Center for Good Food Purchasing for its Good Food Purchasing Program:

(A) Local economics;

(B) Nutrition;

(C) Valued workforce;

(D) Environmental sustainability; and

(E) Animal welfare.

(1F) "Health education" means instruction of the District of Columbia Health Education Standards.

(1G) “Healthy Schools Fund” means the fund established by § 38-821.02.

(2) “Healthy Youth and Schools Commission” or “Commission” means the body established by § 38-827.01.

(3) “Locally grown” means grown in Delaware, the District of Columbia, Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, or West Virginia.

(4) “Locally processed” means processed at a facility in Delaware, the District of Columbia, Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, or West Virginia.

(5) “Meals” means breakfast, lunch, or after-school snacks served as a part of the National School Lunch Program, School Breakfast Program, or Summer Food Service Program, or after-school meals served as part of the Child and Adult Care Food Program.

(6) “Moderate-to-vigorous physical activity” means movement resulting in a substantially increased heart rate and breathing.

(6A) “Participating private school” means a private school that participates in the National School Lunch Program, established by the Richard B. Russell National School Lunch Act, approved June 4, 1946 (60 Stat. 230; 42 U.S.C. § 1771 et seq.), and elects to participate in the Healthy Schools Act program.

(6B) "Physical activity" means bodily movement, including walking, dancing, or gardening.

(6C) "Physical education" means instruction based on the District of Columbia Physical Education Standards, of which at least 50% of the time is spent in moderate to vigorous physical activity.

(6D) "Plant-based food option" means food or beverages that:

(A) Are free of animal products; and

(B) With respect to the meat or meat alternate component of a meal, provide a source recognized by the United States Department of Agriculture as a meat alternate free of animal products for the purposes of the National School Lunch Program.

(7) “Public charter school” means a school chartered under Chapter 18 of this title [§ 38-1800.01 et seq.]. The term “public charter school” shall not include private or parochial schools.

(8) “Public school” means a school operated by the District of Columbia Public Schools, established by § 38-171.

(8A) "Remediation steps" means, at a minimum, actions to:

(A) Decrease the elevated lead concentration in a drinking water source to 5 parts per billion or less; or

(B) Preclude people from consuming or cooking with water from a drinking water source.

(9) “Sustainable agriculture” means an integrated system of plant and animal production practices having a site-specific application that will, over the long-term:

(A) Satisfy human food and fiber needs;

(B) Enhance environmental quality and the natural resource base upon which the agricultural economy depends;

(C) Make the most efficient use of nonrenewable resources and on-farm resources and integrate, where appropriate, natural biological cycles and controls;

(D) Sustain the economic viability of farm operations; and

(E) Enhance the quality of life for farmers and society as a whole.

(10)(A) “Unprocessed” means foods that are nearest their whole, raw, and natural state, and contain no artificial flavors or colors, synthetic ingredients, chemical preservatives, or dyes.

(B) For the purposes of this paragraph, food which undergoes the following processes shall be deemed to be unprocessed:

(i) Cooling, refrigerating, or freezing;

(ii) Size adjustment through size reduction made by peeling, slicing, dicing, cutting, chopping, shucking, or grinding;

(iii) Drying or dehydration;

(iv) Washing;

(v) The application of high water pressure or “cold pasteurization”;

(vi) Packaging, such as placing eggs in cartons, and vacuum packing and bagging, such as placing vegetables in bags;

(vii) Butchering livestock, fish, or poultry; and

(viii) The pasteurization of milk.

(11) "Vegetarian food option" means food or beverages that:

(A) Are free of meat, poultry, and seafood; and

(B) With respect to the meat or meat alternate component of a meal, provide a source recognized by the United States Department of Agriculture as a meat alternate free of meat, poultry, and seafood for the purposes of the National School Lunch Program.


(July 27, 2010, D.C. Law 18-209, § 101, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(a), 58 DCR 6841; Sept. 23, 2017, D.C. Law 22-21, § 2(a), 64 DCR 7631; Dec. 13, 2017, D.C. Law 22-33, § 6112(a), 64 DCR 7652; Mar. 13, 2019, D.C. Law 22-240, § 2(a), 66 DCR 912.)

Effect of Amendments

D.C. Law 19-37 added par. (6A).

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(a) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7019 of D.C. Law 22-168 amendeded section 11 of D.C. Law 22-21 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-21 have been implemented.

Applicability of D.C. Law 22-21: § 11 of D.C. Law 22-21 provided that the change made to this section by § 2(a) of D.C. Law 22-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6112(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 6112(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 2(a) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).


§ 38–821.02. Establishment of the Healthy Schools Fund.

(a) There is established as a nonlapsing fund the Healthy Schools Fund (“Fund”), which shall be used solely as provided in subsection (c) of this section and administered by the Office of the State Superintendent of Education. The Fund shall be funded by annual appropriations, which shall be deposited into the Fund.

(b) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) The funds in the Fund shall be used as follows:

(1) To provide additional funding for healthy school meals, the Office of the State Superintendent of Education shall reimburse public schools, public charter schools, participating private schools, and organizations participating in the Summer Food Service Program as follows:

(A) Twenty cents for each breakfast meal served that meets the requirements of §§ 38-822.02 and 38-822.03; and

(B) Ten cents for each lunch meal served that meets the requirements of §§ 38-822.02 and 38-822.03.

(2) Repealed.

(3) To eliminate the reduced-price copayment under § 38-822.03(b)(1), the Office of the State Superintendent of Education shall reimburse public schools, public charter schools, and participating private schools, for each lunch meal that meets the requirements of §§ 38-822.02 and 38-822.03 and is served to a student who qualifies for reduced-price meals, the greater of:

(A) Forty cents; or

(B) The difference between the U.S. Department of Agriculture reimbursement rate for a free lunch and a reduced-price lunch.

(4) Repealed.

(4A)(A) To provide resources to implement alternative breakfast serving models, the Office of the State Superintendent of Education shall provide an annual subsidy of $2 per student to public schools, public charter schools, and participating private schools that implement an approved alternative breakfast serving model.

(B) Schools shall use funds received pursuant to this paragraph to purchase equipment and supplies needed to operate the alternative breakfast serving model.

(5)(A) To encourage local foods to be served in schools, the Office of the State Superintendent of Education shall provide an additional 5 cents per day reimbursement to public schools, public charter schools, and participating private schools when at least one component of a reimbursable breakfast or lunch meal is comprised entirely of locally grown and unprocessed foods; provided, that the schools report the name and address of the farms where the locally grown foods were grown to the Office of the State Superintendent of Education.

(B) For the purposes of this paragraph, the term “locally grown and unprocessed foods” shall not include milk.

(6) To increase physical activity in schools, the Office of the State Superintendent of Education may issue grants through a competitive process or a formula grants process to public schools, public charter schools, or organizations that provide technical assistance to public schools or public charter schools to increase the amount of physical activity in schools; provided, that a school receiving a grant pursuant to this paragraph shall seek to:

(A) Meet the requirements of § 38-824.02; and

(B) Increase the amount of physical activity in which its students engage.

(7) To support school gardens or promote health education, the Office of the State Superintendent of Education shall make grants available, subject to the availability of funds in the Fund, through a competitive process or a formula grants process to public schools, public charter schools, and other organizations.

(8) To support the development and implementation of an Environmental Literacy Program established in § 38-825.02.

(9) To increase nutrition education in schools, the Office of the State Superintendent of Education shall make grants available, subject to the availability of funds in the Fund, through either a competitive grant process or a formula grants process, to public schools, public charter schools, and organizations that provide technical assistance to public schools and public charter schools to incorporate nutrition education into the school day.

(10) To increase cafeteria staff's abilities to provide healthy meals for students, the Office of the State Superintendent for Education may issue grants through a competitive process or a formula grants process to public schools, public charter schools, or other organizations for the acquisition of school kitchen equipment and for providing training sessions on cooking skills and nutrition for school cafeteria workers and school food service vendors.

(d) The Office of the State Superintendent of Education may, by rule, increase the amounts, as set forth in subsection (c) of this section, to further improve the quality and nutrition of school meals.

(e) The Office of the State Superintendent of Education may withhold local funds provided by subsection (c) of this section from public schools and public charter schools that do not meet any or all of the requirements of §§ 38-822.02, 38-822.03, 38-822.05, and 38-822.06.

(f)(1) Beginning on October 1, 2011, an amount of $4,266,000 from the revenues derived from the collection of the tax imposed upon all vendors by § 47-2002 shall be deposited annually into the Fund.

(2) For the fiscal year beginning on October 1, 2017, and ending on September 30, 2018, in addition to the amount required by paragraph (1) of this subsection, an additional $400,000 from the revenues derived from the collection of the tax imposed upon all vendors by § 47-2002 shall be deposited into the Fund.

(g) All excess monies remaining in the Fund on May 31 each year shall be administered by the Office of the State Superintendent of Education for the purposes set forth in subsection (c)(6), (7), and (8) of this section, and to further improve health, wellness, and nutrition in schools.


(July 27, 2010, D.C. Law 18-209, § 102, 57 DCR 4779; Apr. 8, 2011, D.C. Law 18-370, § 412, 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 4012, 58 DCR 6226; Oct. 20, 2011, D.C. Law 19-37, § 2(b), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(a), 59 DCR 8025; Dec. 17, 2014, D.C. Law 20-142, § 311(a), 61 DCR 8045; Dec. 13, 2017, D.C. Law 22-33, § 6112(b), 64 DCR 7652; July 3, 2018, D.C. Law 22-124, § 106, 65 DCR 5091; Oct. 30, 2018, D.C. Law 22-168, § 4032, 65 DCR 9388; Mar. 13, 2019, D.C. Law 22-240, § 2(b), 66 DCR 912.)

Section References

This section is referenced in § 38-821.01.

Effect of Amendments

D.C. Law 18-370, in subsecs. (c)(6) and (7), substituted “shall make grants available, subject to the availability of funds in the Fund,” for “shall make grants available”.

D.C. Law 19-21 repealed subsec. (c)(2); and added subsecs. (f) and (g). Prior to repeal, subsec. (c)(2) formerly read as follows: “(2) To provide free breakfast meals in public charter schools under § 38-822.03(a), the Office of the State Superintendent of Education shall reimburse public charter schools as follows:”

D.C. Law 19-37, in subsecs. (c)(1) and (3), substituted “public schools, public charter schools, and participating private schools” for “public schools and public charter schools”; and rewrote subsec. (c)(5), which formerly read:

“(5) To encourage local foods to be served in schools, the Office of the State Superintendent of Education shall provide an additional 5 cents per lunch meal reimbursement to public schools and public charter schools when at least one component of a reimbursable lunch meal is comprised entirely of locally grown and unprocessed foods; provided, that the schools report the name and address of the farms where the locally grown foods were grown to the Office of the State Superintendent of Education.”

The 2012 amendment by D.C. Law 19-168 added “and organizations participating in the Summer Food Service Program” in the introductory language of (c)(1); added “that meets the requirements of §§ 38-822.02 and 38-822.03 and is” in (c)(3); in (c)(4), substituted “§ 38-822.03(a)(2)” for “§ 38-822.03(a)(2), for the 2010-2011 school year,” added “a onetime subsidy of,” and substituted “new public schools, new public charter schools, and new private schools that have not previously received the funds and that participate” for “public schools and public charter schools participating”; added “any or all of” in (e); and added “and to further improve health, wellness, and nutrition in schools” in (g).

The 2014 amendment by D.C. Law 20-142 added (c)(8); and substituted “subsection (c)(6), (7), and (8) of this section” for “subsection (c)(6), and (7) of this section” in (g).

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(b) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4032 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 4032 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 104 of Fiscal Year 2018 Budget Support Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-213, Dec. 20, 2017, 64 DCR 13422).

For temporary (90 days) amendment of this section, see § 6112(b) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 101(b) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 6112(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 412 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 4012 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 2(b) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 104 of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).

Short Title

Short title: Section 411 of D.C. Law 18-370 provided that subtitle B of title IV of the act may be cited as “Healthy Schools Amendment Act of 2010”.

Short title: Section 4011 of D.C. Law 19-21 provided that subtitle B of title IV of the act may be cited as “Healthy Schools Technical Amendment Act of 2011”.

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.

Applicability of D.C. Law 20-142: Section 502(e) of D.C. Law 20-142 provided that § 311 of the act shall apply as of December 17, 2014.


Subchapter II. School Nutrition.

§ 38–822.01. General goals and standards.

(a)(1) Public schools, public charter schools, and participating private schools shall:

(A) Serve nutritious and well-balanced meals to students.

(B)(i) Provide meals with a vegetarian food option as the main course for breakfast and lunch every day at all grade levels;

(ii) Rotate main course vegetarian food options daily to avoid repetition; and

(iii) Clearly label or identify meals that contain only vegetarian food options as vegetarian; and

(C) Reasonably accommodate religious and non-medical dietary restrictions.

(2) A "school food authority", as defined in 7 C.F.R. § 210.2, shall not require a student requesting a plant-based food option, or other non-medical dietary accommodation, to obtain a note from a doctor.

(b) Public schools, public charter schools, and participating private schools are encouraged to serve plant-based food option as the main course at breakfast and lunch each day to each student.

(c) Public schools, public charter schools, and participating private schools are strongly encouraged to procure food in a manner consistent with the Good Food Purchasing Program's core values.


(July 27, 2010, D.C. Law 18-209, § 201, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(c), 58 DCR 6841; Mar. 13, 2019, D.C. Law 22-240, § 2(c), 66 DCR 912.)

Effect of Amendments

D.C. Law 19-37, in subsecs. (a) and (b), substituted “Public schools, public charter schools, and participating private schools” for “Public schools and public charter schools”.

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(c) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(c) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).


§ 38–822.02. Nutritional standards for school meals.

(a) All breakfast, lunch, after-school snacks and suppers, and summer meals served to students in public schools, public charter schools, and participating private schools or by organizations participating in the Afterschool Meal Program or the Summer Food Service Program shall meet or exceed the federal nutritional standards set forth in:

(1) The Child Nutrition Act of 1996, approved October 11, 1996 (80 Stat. 885; 42 U.S.C. § 1771 et seq.);

(2) The Richard B. Russell National School Lunch Act, approved June 4, 1946 (60 Stat. 230; 42 U.S.C. § 1751 et seq.);

(3) 7 C.F.R. Parts 210, 215, 220, 225, and 226; and

(4) Other applicable federal law.

(b) In addition to the requirements of subsection (a) of this section, breakfast, lunch, after-school snacks and suppers, and summer meals served to students in public schools, public charter schools, and participating private schools or by organizations participating in the Afterschool Meal Program or the Summer Food Service Program shall meet or exceed the following nutritional requirements:

(1) All milk shall be unflavored; and

(2)(A) All grain products shall be whole grain-rich.

(B) For the purposes of this paragraph, the term "whole grain-rich" means that the product contains at least 50% whole grains and the remaining grains in the product must be enriched.

(c) The Office of the State Superintendent of Education may adopt standards that exceed the requirements of this section.


(July 27, 2010, D.C. Law 18-209, § 202, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(d), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(b), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(d), 66 DCR 912.)

Section References

This section is referenced in § 38-821.02.

Effect of Amendments

D.C. Law 19-37, in the lead-in language of subsec. (a), substituted “breakfast, lunch, after-school snacks and suppers, and summer meals served to students in public schools, public charter schools, and participating private schools or by organizations participating in the Afterschool Meal Program or the Summer Food Service Program” for “breakfast, lunch, and after-school meals served to students in public schools and public charter school or by organizations participating in the Afterschool Meal Program”; in the lead-in language of subsec. (b), substituted “breakfast, lunch, after-school snacks and suppers, and summer meals served to students in public schools, public charter schools, and participating private schools or by organizations participating in the Afterschool Meal Program or the Summer Food Service Program” for “breakfast and lunch meals served to students in each public school and public charter school”; and, in subsec. (b)(1)(C)(ii), substituted “public schools, public charter schools, and participating private schools” for “public schools and public charter schools”.

The 2012 amendment by D.C. Law 19-168 substituted “July 1, 2022” for “August 1, 2020” in (b)(1)(C)(ii).

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(d) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(d) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–822.03. Additional requirements for public school meals.

(a)(1) Public schools, public charter schools, and participating private schools shall offer free breakfast to all students.

(2) If more than 40% of the students at a school qualify for free or reduced-price meals:

(A) A public elementary school, public charter elementary school, and participating private elementary school shall offer breakfast in the classroom each day, except as provided in paragraph (3)(A) of this subsection;

(B) A public middle and high school, public charter middle and high school, and participating private middle and high school shall offer alternative breakfast serving models each day; and

(C) The requirements of this paragraph shall not apply to a public school or a public charter school in which the school’s current breakfast participation rate, without breakfast-in-the-classroom, exceeds 75% of its average daily attendance.

(3)(A) The Office of the State Superintendent of Education may grant a waiver to an elementary school required to serve breakfast in the classroom under paragraph (2)(A) of this subsection for one school year if the school food authority, as defined in 7 C.F.R. § 210.2, submits a written action plan to the Office of the State Superintendent of Education showing a strategy to utilize an alternative breakfast serving model that will enable the school to reach the breakfast participation rate in paragraph (2)(C) of this subsection.

(B) Elementary schools that do not demonstrate incremental progress toward meeting the participation rate in paragraph (2)(C) of this subsection upon completion of the one school year waiver period shall implement breakfast in the classroom at the start of the following school year.

(b) Public schools, public charter schools, and participating private schools shall:

(1) Not charge students for meals if the students qualify for reduced-price meals;

(2) Provide meals that meet the dietary needs of children with diagnosed medical conditions as required by a physician;

(3) Solicit input from students, faculty, and parents, through taste tests, comment boxes, surveys, a student nutrition advisory council, or other means, regarding nutritious meals that appeal to students;

(4) Promote healthy eating to students, faculty, staff, and parents;

(5) Provide at least 30 minutes for students to eat lunch and sufficient time during the lunch period for every student to pass through the food service line; and

(6) Participate in federal nutritional programs and Child Nutrition U.S. Department of Agriculture foods program whenever possible.

(c) Public schools, public charter schools, and participating private schools shall make cold, filtered water available free to students, through water fountains or other means, when meals are served to students in public schools, public charter schools, and participating private schools.


(July 27, 2010, D.C. Law 18-209, § 203, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(e), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(c), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(e), 66 DCR 912.)

Section References

This section is referenced in § 38-821.02.

Effect of Amendments

D.C. Law 19-37 rewrote subsecs. (a) and (c); in the lead-in language of subsec. (b), substituted “Public schools, public charter schools, and participating private schools” for “Public schools and public charter schools”; in subsec. (b)(5), inserted “and sufficient time during the lunch period for every student to pass through the food service line,”.

The 2012 amendment by D.C. Law 19-168 substituted “shall make” for “are encouraged to make” in (c).

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(e) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(c) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(c) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–822.04. Central kitchen. [Repealed]

Repealed.


(July 27, 2010, D.C. Law 18-209, § 204, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(f), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(d), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(f), 66 DCR 912.)

Effect of Amendments

D.C. Law 19-37 added subsec. (d).

The 2012 amendment by D.C. Law 19-168 substituted “Department of General Services” for “Department of Real Estate Services” in (c).

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the repeal of this section by § 2(f) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(f) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(d) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(d) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–822.04a. Central kitchen report.

(a) Within 90 days of the applicability date of the Health Students Amendment Act of 2018, passed on 1st reading on November 13, 2018 (Engrossed version of Bill 22-313), the Office of Planning shall submit a report to the Mayor and the Council describing best practices for developing a central kitchen in the District to:

(1) Prepare, process, grow, and store healthy and nutritious foods for schools and nonprofit organizations;

(2) Support nutrition education programs; and

(3) Provide job-training programs for students and District residents.

(b) The report required by subsection (a) of this section shall:

(1) Include research and case studies on central kitchen facilities in other jurisdictions;

(2) Identify any agencies that should design, build, or manage a central kitchen facility; and

(3) Consider how a central kitchen facility could assist other facilities serving meals, such as child development centers, senior centers, recreation centers, and corrections facilities.


(July 27, 2010, D.C. Law 18-209, § 204a; as added Mar. 13, 2019, D.C. Law 22-240, § 2(g), 66 DCR 912.)

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the creation of this section by § 2(g) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 38–822.05. Public disclosure.

(a) Food service providers shall provide the following information to public schools, public charter schools, participating private schools, and the Office of the State Superintendent of Education:

(1) The menu for each breakfast and lunch meal served;

(2) The nutritional content of each menu item;

(3) The ingredients for each menu item if requested by parents and legal guardians; and

(4) The location where fruits and vegetables served in schools are grown and processed.

(b)(1) Public schools, public charter schools, and participating private schools shall provide the information provided to them under subsection (a) of this section:

(A) In the school’s office;

(B) On the school's website; and

(C) To parents and legal guardians upon request

(2) Public schools, public charter schools, and participating private schools shall inform families that vegetarian food options and milk alternatives are available upon request.

(c) This section shall apply as of January 1, 2012.


(July 27, 2010, D.C. Law 18-209, § 205, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(g), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(e), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(h), 66 DCR 912.)

Section References

This section is referenced in § 38-821.02 and § 38-826.02.

Effect of Amendments

D.C. Law 19-37, in subsec. (a), substituted “public schools, public charter schools, and participating private schools” for “public schools, public charter schools, and participating private schools”; in subsecs. (b)(1) and (2), substituted “Public schools, public charter schools, and participating private schools” for “Public schools, public charter schools, and participating private schools”; and added subsec. (c).

The 2012 amendment by D.C. Law 19-168 added “if requested by parents and legal guardians” in (a)(3); substituted “shall provide” for “shall post” in the introductory language of (b)(1); added the comma following “Online” in (b)(1)(B); added (b)(1)(C); and made related changes.

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(h) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(g) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(e) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(e) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–822.06. Healthy vending, fundraising, and prizes in public schools.

(a) Except as provided by subsection (b) of this section, all beverages and snack foods provided by or sold in public schools, public charter schools, and participating private schools or provided by organizations participating in the Afterschool Meal Program, whether through vending machines, fundraisers, snacks, after-school meals, or other means, shall meet or exceed the standards described in 7 C.F.R. § 210.11(c)-(m).

(b) The requirements of subsection (a) of this section shall not apply to:

(1) Food and drinks available only to faculty and staff members; provided, that school employees shall be encouraged to model healthy eating;

(2) Food provided at no cost by parents;

(3) Food sold or provided at official after-school events;

(4) Adult education programs; and

(5) Food not consumed or marketed to students.

(c) The Office of the State Superintendent of Education may adopt standards that exceed the requirements set forth in subsections (a) and (b) of this section.

(d) Foods and beverages sold in public school, public charter school, and participating private schools stores shall meet the requirements of subsection (a) of this section.

(e) Public schools, public charter school, and participating private schools shall not permit third parties, other than school-related organizations and school meal service providers, to sell foods or beverages of any type to students on school property from 90 minutes before the school day begins until 90 minutes after the school day ends.

(f) Foods and beverages that do not meet the nutritional requirements of subsection (a) of this section shall not be:

(1) Used as incentives, prizes, or awards in public schools or public charter schools; or

(2) Advertised or marketed in public schools and public charter schools through posters, signs, book covers, scoreboards, supplies, equipment, or other means.

(g) After first issuing a warning, the Office of the State Superintendent of Education may impose a penalty, not to exceed $500 per day paid to the Healthy Schools Fund, on public schools and public charter schools that violate this section, subject to the right to a hearing requested within 10 days after the notice of imposition of the penalty is sent.


(July 27, 2010, D.C. Law 18-209, § 206, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(h), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(f), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(i), 66 DCR 912.)

Section References

This section is referenced in § 38-821.02.

Effect of Amendments

D.C. Law 19-37, in subsec. (a), substituted “public schools, public charter schools, and participating private schools” for “public schools, public charter schools, and participating private schools”; in subsec. (d), substituted “public school, public charter school, and participating private school” for “public school, public charter school, and participating private school”; and, in subsec. (e), substituted “Public schools, public charter schools, and participating private schools” for “Public schools, public charter schools, and participating private schools”.

The 2012 amendment by D.C. Law 19-168 added (b)(5); and made related changes.

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(i) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(h) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(f) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(f) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–822.07. Triennial review.

The Healthy Youth and Schools Commission shall review school nutrition and the requirements of this title at least every 3 years and recommend improvements to the Mayor and the Council.


(July 27, 2010, D.C. Law 18-209, § 207, 57 DCR 4779; Mar. 13, 2019, D.C. Law 22-240, § 2(j), 66 DCR 912.)

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(j) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 38–822.08. DC Free Summer Meals Program report.

The Office of the State Superintendent of Education and the Department of Parks and Recreation shall submit a joint report to the Mayor and the Council on strategies to increase participation in the DC Free Summer Meals Program by January 1, 2020.


(July 27, 2010, D.C. Law 18-209, § 208; as added Mar. 13, 2019, D.C. Law 22-240, § 2(k), 66 DCR 912.)

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the creation of this section by § 2(k) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


Subchapter III. Farm-to-School Program.

§ 38–823.01. Local food sourcing, reimbursement, and education.

Public schools and public charter schools shall serve locally grown, locally processed, and unprocessed foods from growers engaged in sustainable agriculture practices whenever possible. Preference shall be given to fresh unprocessed agricultural products grown and processed in the District of Columbia, Maryland, and Virginia.


(July 27, 2010, D.C. Law 18-209, § 301, 57 DCR 4779.)

Section References

This section is referenced in § 38-826.02.

Emergency Legislation

For temporary (90 day) addition of section, see § 4062(g) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of section, see § 4062(g) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).


§ 38–823.01a. Comprehensive food services plan.

(a) Before February 15, 2013, the City Administrator shall transmit to the Council and to the Healthy Youth and Schools Commission a comprehensive food services plan that shall include:

(1) A plan to reduce the cost of providing food services in the District of Columbia Public Schools (“DCPS”), without reducing the quality, taste, or nutritional standards of the food being served, including an:

(A) Examination of how similar jurisdictions provide food services in schools;

(B) Explanation of the cost drivers in the DCPS food services program;

(C) Accounting of:

(i) The local funds subsidies (net losses) required by federal programs for each year since fiscal year 2007, including the total subsidy per year and the subsidy per meal served per year;

(ii) Whether the District has received all of the rebates, credits, and other funds owed by its current food-service vendors;

(D) An evaluation of whether preparing meals internally without an outside vendor would reduce costs; and

(E) An implementation plan and timeline for the DCPS food services program to become cost-neutral;

(2) An analysis of the efficiencies and savings that could be gained by combining the food services programs in:

(A) The Department of Corrections;

(B) The Department of Human Services;

(C) The Department of Mental Health;

(D) The Department of Parks and Recreation;

(E) The District of Columbia Public Schools;

(F) The Office of Aging; and

(G) Other agencies;

(3) An analysis of whether a centralized food services program could offer public charter schools the opportunity to purchase meals from it, instead of from a private vendor; and

(4) An analysis of how the District’s food service programs can become more sustainable.

(b) The City Administrator shall be assisted in preparing the plan required by subsection (a) of this section by the:

(1) District of Columbia Public Schools;

(2) Office of the State Superintendent of Education;

(3) Department of General Services;

(4) Mayor’s Office of Budget and Finance;

(5) Council’s Budget Office;

(6) Office of the Chief Financial Officer; and

(7) City Administrator.


(July 27, 2010, D.C. Law 18-209, § 301a; as added Sept. 20, 2012, D.C. Law 19-168, § 4062(g), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(l), 66 DCR 912.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added this section.

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(l) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary addition of section, see § 4062(g) of the Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290), applicable as of June 20, 2012.

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–823.01b. Good Food Purchasing Program.

(a) Before December 31, 2019, the District of Columbia Public Schools ("DCPS") shall conduct a Good Food Purchasing Program ("GFPP") baseline assessment to determine how DCPS can better meet the GFPP core values.

(b) DCPS shall use findings from the assessment required under subsection (a) of this section to increase food procurement consistent with the GFPP's core values.

(c) Before December 31, 2020, and annually thereafter, DCPS shall complete a follow-up assessment to demonstrate progress toward the GFPP core values.


(July 27, 2010, D.C. Law 18-209, § 301b; as added Mar. 13, 2019, D.C. Law 22-240, § 2(m), 66 DCR 912.)

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the creation of this section by § 2(m) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 38–823.02. Programs.

The Office of the State Superintendent of Education shall, in conjunction with the Department of Health, the Department of Parks and Recreation, the District Department of the Environment, the University of the District of Columbia, community organizations, food service providers, public schools, and public charter schools, develop programs to promote the benefits of purchasing and eating locally grown and unprocessed foods that are from growers engaged in sustainable agriculture practices. At minimum, the Office of the State Superintendent of Education shall conduct at least one program per year, such as an annual local flavor week or a harvest of the month program, in collaboration with other District agencies and nonprofit organizations.


(July 27, 2010, D.C. Law 18-209, § 302, 57 DCR 4779.)


§ 38–823.03. Mandatory reporting.

Beginning September 30, 2020, and biennially thereafter, the Office of the State Superintendent of Education shall submit to the Mayor, the Council, and the Healthy Youth and Schools Commission a comprehensive report on the District's compliance with this chapter, which shall include:

(1) An update on farm-to-school initiatives and recommendations for improving these initiatives; and

(2) The information required in §§ 38-824.05 and 38-825.02(c).


(July 27, 2010, D.C. Law 18-209, § 303, 57 DCR 4779; Sept. 20, 2012, D.C. Law 19-168, § 4062(h), 59 DCR 8025; Dec. 13, 2017, D.C. Law 22-33, § 4147, 64 DCR 7652; Mar. 13, 2019, D.C. Law 22-240, § 2(n), 66 DCR 912.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 substituted “June 30” for “September 30.”

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(n) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 4150 of D.C. Law 22-33 provided that the amendment made to this section shall apply as of June 27, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4147 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 4147 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 4062(h) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(h) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


Subchapter IV. Physical and Health Education.

§ 38–824.01. Physical activity goals.

(a) It shall be the goal of the District of Columbia for children to engage in physical activity for at least 60 minutes each day or for the time period recommended for specific age groups in § 38-824.02.

(b) Public schools and public charter schools shall promote this goal.

(c) Public schools and public charter schools shall seek to maximize physical activity by means including:

(1) Extending the school day;

(2) Encouraging students to walk or bike to school;

(3) Promoting active recess;

(4) Including physical activity in before-school and after-school activities;

(5) Supporting athletic programs;

(6) Integrating movement into classroom instruction and classroom instructional breaks;

(7) Entering into shared-use agreements with organizations that provide physical activity programming for children outside of the normal school day; and

(8) Using physical activity as a reward for student achievement and good behavior.


(July 27, 2010, D.C. Law 18-209, § 401, 57 DCR 4779; Mar. 13, 2019, D.C. Law 22-240, § 2(o), 66 DCR 912.)

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(o) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 38–824.02. Physical and health education requirements.

(a) Public schools and public charter schools shall schedule physical education classes for all students on a weekly basis, and recess for all students on a daily basis, throughout the school year as follows:

(1)(A) For students in grades kindergarten through 5, it shall be the goal of all schools to provide an average of 150 minutes of physical education per week, and at least one recess of at least 20 minutes per day.

(B) A school that provides less than an average of 90 minutes per week of physical education in a school year for students in grades kindergarten through 5 shall submit an action plan to the Office of the State Superintendent of Education detailing efforts it will take to increase physical education before the beginning of the next school year and shall work with the Office of the State Superintendent of Education to increase the amount of time provided for physical education each week.

(2)(A) For students in grades 6 through 8, it shall be the goal of all schools to provide an average of 225 minutes of physical education per week, and at least one recess of at least 20 minutes per day.

(B) A school that provides less than an average of 135 minutes per week of physical education in a school year for students in grades 6 through 8 shall submit an action plan to the Office of the State Superintendent of Education detailing efforts it will take to increase physical education before the beginning of the next school year and shall work with the Office of the State Superintendent of Education to increase the amount of time provided for physical education each week.

(a-1)(1) For students in Pre-K 3 and Pre-K 4, public schools and public charter schools shall:

(A) Provide an average of 60 minutes of moderate-to-vigorous physical activity per day;

(B) Set a goal of providing an average of 90 minutes of physical activity per day; and

(C) Provide at least 2 20-minute sessions of outdoor physical activity per day, weather and space permitting, which may count toward the 60 minutes of physical activity per day requirement.

(2) A school that provides less than an average of 60 minutes per day of physical activity in a school year shall submit an action plan to the Office of the State Superintendent of Education detailing efforts it will take to increase physical activity before the beginning of the next school year and shall work with the Office of the State Superintendent of Education to increase the amount of time provided for physical activity each week.

(b) Public schools and public charter schools shall provide health education to students in Grades Kindergarten through 8 as follows:

(1) School years 2010-2011 to 2013-2014: an average of at least 15 minutes per week or the same level of health education as provided in school year 2009-2010, whichever is greater; and

(2) School year 2014-2015 and after: an average of at least 75 minutes per week;

(b-1) Public schools and public charter schools shall provide instruction in cardiopulmonary resuscitation to students in Grades 9 through 12 as follows:

(1) Beginning with the 2016-2017 school year, instruction in cardiopulmonary resuscitation shall be included in at least one health class necessary for graduation.

(2) The instruction required by this subsection shall:

(A) Be an instructional program developed by the American Heart Association or the American Red Cross or be nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation;

(B) Include appropriate use of an automated external defibrillator, which may be taught by video; and

(C) Incorporate hands-on practice in addition to cognitive learning.

(3) The instruction required by this section may be provided by the public school or charter school directly or the public school or charter school may arrange for the instruction to be provided by available community-based providers.

(4) The instruction required by this subsection is not required to be provided by a teacher.

(5) A teacher providing the instruction under this subsection is not required to be a certified trainer of cardiopulmonary resuscitation.

(6) A student is not required to earn certification in cardiopulmonary resuscitation to successfully complete the instruction for the purposes of this subsection.

(7) The instruction offered by the Fire and Emergency Medical Services Department pursuant to § 5-401(b-1), shall be deemed to meet the requirements of this subsection.

(b-2)(1)(A) Beginning in the 2019-2020 school year, as part of the health curriculum for students in Kindergarten through Grade 12, public schools and public charter schools shall provide age- and developmentally-appropriate, evidence-based culturally responsive instruction on:

(i) Recognizing and reporting sexual misconduct and child abuse;

(ii) Setting and respecting appropriate personal and body boundaries and privacy rules;

(iii) Communicating with adults about concerns regarding body boundaries or privacy violations;

(iv) The meaning of consent;

(v) Developing and maintaining healthy relationships; and

(vi) Other appropriate topics to support the healthy development of students.

(B) The Office of the State Superintendent for Education shall update the District's health education standards to reflect the requirements of subparagraph (A) of this subsection and shall make available a list of curricula or a curriculum guide that public schools or public charter schools may use to fulfill the requirements of subparagraph (A) of this subsection.

(2) For the purposes of this subsection, the term:

(A) "Consent" means words or overt actions indicating a freely given agreement to a physical act or contact within the course of an interpersonal relationship. Consent to a physical act or contact may be initially given but withdrawn at any time. Lack of verbal or physical resistance or submission by the victim due to his or her mental or physical incapacitation or impairment, or the use of force, threats, or coercion shall not constitute consent. Past words or actions indicating freely given agreement to a past physical act or contact shall not constitute consent to a future physical act or contact.

(B) "Health education standards" means the specific learning requirements related to health that the Office of the State Superintendent of Education requires students to learn at each academic level, from Kindergarten through Grade 12.

(c) The Healthy Youth and Schools Commission, with assistance from the Office of the State Superintendent of Education, shall consider ways to expand physical education in high schools.

(d) The physical education and health education required by this section shall meet the curricular standards adopted by the State Board of Education.


(July 27, 2010, D.C. Law 18-209, § 402, 57 DCR 4779; Oct. 8, 2016, D.C. Law 21-160, § 3145, 63 DCR 10775; Mar. 13, 2019, D.C. Law 22-240, § 2(p), 66 DCR 912; Apr. 11, 2019, D.C. Law 22-294, § 403, 66 DCR 1707.)

Section References

This section is referenced in § 38-821.02.

Applicability

Applicability of D.C. Law 22-294: § 501 of D.C. Law 22-294 provided that the creation of subsection (b-1) this section by § 403 of D.C. Law 22-294 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(p) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) addition of section, see § 4062(i) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of section, see § 4062(i) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).


§ 38–824.02a. Interscholastic athletics plan. [Repealed]

Repealed.


(July 27, 2010, D.C. Law 18-209, § 402a; as added Sept. 20, 2012, D.C. Law 19-168, § 4062(i), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(q), 66 DCR 912.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added this section.

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the repeal this section by § 2(q) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary addition of section, see § 4062(i) of the Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290), applicable as of June 20, 2012.

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–824.03. Additional requirements.

(a) A student with disabilities shall have suitably adapted physical education incorporated as part of the individualized education program developed for the student. Public schools and public charter schools shall provide suitably adapted physical education or supplementary aids for any other student with special needs that preclude the student from participating in regular physical education instruction, as required by section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794).

(b) Requiring or withholding physical activity shall not be used to punish students; provided, that students who are not wearing appropriate athletic clothing may be prohibited from participating in physical activity until properly dressed.

(c) The Office of the State Superintendent of Education shall provide and coordinate annual professional-development sessions for school personnel, provided by a certified instructor and based on nationally recognized standards, related to incorporating physical activity into classroom instruction, classroom instruction breaks, and active recess.


(July 27, 2010, D.C. Law 18-209, § 403, 57 DCR 4779; Mar. 13, 2019, D.C. Law 22-240, § 2(r), 66 DCR 912.)

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(r) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 38–824.04. Access to public facilities.

The Department of Parks and Recreation shall provide equal access and shall charge equal fees to both public schools and public charter schools for the use of its recreation centers, fields, playgrounds, and other facilities.


(July 27, 2010, D.C. Law 18-209, § 404, 57 DCR 4779.)


§ 38–824.05. Mandatory reporting.

Beginning in 2020, and biennially thereafter, the Office of the State Superintendent shall include information regarding the following in the report required pursuant to § 38-823.03:

(1) Compliance of public schools and public charter schools with the health education and physical education and activity requirements in this subchapter; and

(2) Student achievement with respect to health and physical education and activity standards.


(July 27, 2010, D.C. Law 18-209, § 405, 57 DCR 4779; Mar. 13, 2019, D.C. Law 22-240, § 2(s), 66 DCR 912.)

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(s) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


Subchapter V. Environment.

§ 38–825.01. Environmental programs office.

(a)(1) An environmental programs office is established in the Department of General Services and shall:

(A) Contract with vendors to recycle all materials required by District law at all public schools, including food services, by December 31, 2010, and provide technical assistance to public charter schools about recycling.

(B) Develop a master recycling plan for public schools on or before December 31, 2011 to reach a system-wide diversion rate of 45% by August 1, 2015;

(C) Analyze utility usage at each public school and develop a plan to reduce that amount by 20% on or before August 1, 2015;

(D) Establish an integrated pest management program;

(E) Repealed.

(F) Comply with the Environmental Protection Agency’s Lead; Renovation, Repair, and Painting Program, established by 40 C.F.R. Part 745;

(G) Post the results of its environmental testing online;

(H) Promote the Environmental Protection Agency’s Indoor Air Quality Tools for Schools Program to reduce exposure to environmental factors that impact asthma among children and adults in public schools;

(I) Develop an electronic recycling policy for public schools on or before December 31, 2011; and

(J) Establish a composting program in the District of Columbia Public Schools.

(2) The contracts under paragraph (1)(A) of this subsection shall be negotiated to provide a financial incentive to reduce the amount of waste created in public schools and, when possible, to increase diversion rates in public schools;

(b) The District of Columbia Public Schools shall:

(1) Use environmentally friendly cleaning supplies in public schools; provided, that the agency may exhaust its current supply of conventional cleaners; and

(2) Prepare and transmit to the Mayor, the Council, and the Healthy Youth and Schools Commission, on or before December 31, 2012, a plan to use sustainable products in serving meals to students.

(c) On or before December 31, 2012, the Mayor shall prepare and transmit to the Council a comprehensive report describing the implementation of recycling, composting, energy-reduction, pest management, air quality, and environmentally friendly cleaning supplies programs in public schools. The report shall include:

(1) A thorough, school-by-school breakdown of the waste stream in public schools, including tonnages, components, and diversion rates;

(2) Baseline energy usage, an analysis of usage patterns, and savings achieved;

(3) Recommendations and a timeline for further implementing these programs; and

(4) A proposal for recognizing and rewarding schools that significantly improve their environmental portfolio.


(July 27, 2010, D.C. Law 18-209, § 501, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(i), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(j), 59 DCR 8025; Sept. 23, 2017, D.C. Law 22-21, § 2(b), 64 DCR 7631; Mar. 13, 2019, D.C. Law 22-240, § 2(t), 66 DCR 912.)

Effect of Amendments

D.C. Law 19-37, in subsec. (a)(1), substituted “December 31, 2011” for “December 31, 2010” in subpar. (B), deleted “and” from the end of subpar. (G ), substituted “; and” for a period the end of subpar. (H), and added subpar. (I); and, in subsec. (c), substituted “December 31, 2011” for “December 31, 2010”.

The 2012 amendment by D.C. Law 19-168 substituted “Department of General Services” for “Office of Public Education Facilities Modernization” in the introductory language of (a)(1); added (a)(1)(J); substituted “December 31, 2012” for “December 31, 2010” in (b)(2); substituted “December 31, 2012” for “December 31, 2011” in the first sentence of the introductory language of (c); and made related changes.

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(t) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7019 of D.C. Law 22-168 amendeded section 11 of D.C. Law 22-21 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-21 have been implemented.

Applicability of D.C. Law 22-21: § 11 of D.C. Law 22-21 provided that the change made to this section by § 2(b) of D.C. Law 22-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(i) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(j) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(j) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–825.01a. Prevention of lead in drinking water in schools.

(a)(1) The Department of General Services ("DGS") shall:

(A) Locate all drinking water sources at each public school and install a barcode on each of the drinking water sources;

(B) Install a filter that reduces lead in drinking water on each drinking water source in each public school and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the National Sanitation Foundation ("NSF")/American National Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;

(C) Post a conspicuous sign near each water source at public schools that is not a drinking water source, which includes an image that clearly communicates that water from the water source should not be used for cooking, where applicable, or consumed;

(D) Provide an annual schedule for testing drinking water sources at each public school to the Chief Operating Officer of the District of Columbia Public Schools ("COO") for distribution to parents or guardians of children at each public school at the start of each school year;

(E) Test all drinking water sources at each public school for lead annually;

(F) If a test conducted pursuant to subparagraph (E) of this paragraph shows a lead concentration over 5 parts per billion:

(i) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;

(ii) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;

(iii) Send the test result and remediation steps to the COO within 5 business days of receiving the test result;

(iv) Update the list described in subparagraph (G) of this paragraph within 5 business days of receiving the test result to reflect the test result and remediation steps; and

(v) Notify the COO and update the list described in subparagraph(G) of this paragraph within 5 business days of completion of the remediation steps required by sub-subparagraph (ii) of this subparagraph; and

(G) Publish on the DGS website a list of drinking water sources in each public school that describes, for each drinking water source:

(i) The date and results of the most recent lead test performed;

(ii) The date the current filter was installed;

(iii) The date when the filter will next be replaced;

(iv) The barcode identification number; and

(v) Any remediation steps that will be or have been taken.

(2) When the COO receives a test result, pursuant to paragraph (1)(e)(iii) of this subsection, or a notice of completion of remediation steps, pursuant to paragraph (1)(e)(v) of this subsection, the COO shall, within 2 business days of receiving such information, publish the information on the District of Columbia Public Schools website and send the information to parents or guardians of children attending the public school through email or other written communication.

(b) Not Funded.

(c) Nothing in this section is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this section in any civil, criminal, or administrative action against the District of Columbia.

(d) Within 120 days of the September 23, 2017, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section, including rules by which the Department of General Services shall reimburse public charter schools for the reasonable costs incurred in complying with subsection (b)(2) of this section.


(July 27, 2010, D.C. Law 18-209, § 501a; as added Sept. 23, 2017, D.C. Law 22-21, § 2(c), 64 DCR 7631.)

Applicability

Section 7019 of D.C. Law 22-168 amendeded section 11 of D.C. Law 22-21 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-21 have been implemented, except for subsection (b) of section.

Applicability of D.C. Law 22-21: § 11 of D.C. Law 22-21 provided that the addition of this section by § 2(c) of D.C. Law 22-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Editor's Notes

Section 9 of D.C. Law 22-21 provided that within one year after September 23, 2017, the Mayor shall host 4 community meetings open to the public on the implementation of D.C. Law 22-21 and notify the public about each meeting on the Department of General Services website at least one month before the meeting is held.


§ 38–825.02. Environmental Literacy Program.

(a) An Environmental Literacy Program is established within the Office of the State Superintendent of Education. The Environmental Literacy Program shall:

(1) Coordinate the efforts of the District Department of the Environment, the District of Columbia Public Schools, the Public Charter School Board, the Office of the State Superintendent of Education, the State Board of Education, the University of the District of Columbia, the Department of Parks and Recreation, the Department of General Services, and the Department of Employment Services to triennially develop an environmental literacy plan for public schools, public charter schools, and participating private schools;

(2) Establish and convene an Environmental Literacy Advisory Committee, composed of community organizations, District government agencies, and other interested persons;

(3) Collect data on the location and types of environmental education programs in public schools, public charter schools, and participating private schools;

(4) Provide environmental education guidance and technical assistance to public schools, public charter schools, and participating private schools;

(5) Provide training, support, and assistance for environmental literacy programs in public schools, public charter schools, and participating private schools; and

(6) Assist public schools and public charter schools in receiving certification as U.S. Department of Education Green Ribbon Schools.

(b) The environmental literacy plan shall, at minimum, include the following:

(1) Relevant teaching and learning standards adopted by the State Board of Education;

(2) Professional development opportunities for teachers;

(3) Suitable metrics to measure environmental literacy;

(4) Suitable methods to increase environmental literacy;

(5) Governmental and nongovernmental entities that can assist schools in the achievement of those goals; and

(6) A proposed implementation method for the plan.

(c) Beginning in 2020, and triennially thereafter, the Environmental Literacy Program shall include in the comprehensive report required by § 38-823.03, an update about the state of environmental education in the District, plans for expansion, and recommendations for improving the program.

(d)(1) The Office of the State Superintendent of Education ("OSSE") shall establish an Environmental Literacy Leadership Cadre ("Cadre"), which shall be comprised of teachers, selected by OSSE, at public schools and public charter schools. Each teacher in the Cadre shall:

(A) Create, if applicable, and help maintain a garden at the teacher's school;

(B) Implement composting and recycling programs at the teacher's school;

(C) Implement the June 2012 environmental literacy plan, or a subsequent environmental literacy plan developed pursuant to this section, and other OSSE-approved guidance, at the teacher's school; and

(D) Assist other teachers at the teacher's school with incorporating science standards.

(2) OSSE shall provide each teacher selected to participate in the Cadre with an appropriate and fair stipend, in addition to the teacher's salary.

(3) OSSE shall provide grants to nonprofit and community-based organizations to support the schools represented in the Cadre by providing or coordinating programs and activities related to school-based environmental literacy programs.

(4) OSSE may create or implement other initiatives or projects that support the Cadre.


(July 27, 2010, D.C. Law 18-209, § 502, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(j), 58 DCR 6841; Dec. 17, 2014, D.C. Law 20-142, § 311(b), 61 DCR 8045; Oct. 22, 2015, D.C. Law 21-36, § 4102, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 6112, 63 DCR 10775; Mar. 13, 2019, D.C. Law 22-240, § 2(u), 66 DCR 912.)

Effect of Amendments

D.C. Law 19-37 designated the existing text as subsec. (a); and added subsecs. (b) and (c).

The 2014 amendment by D.C. Law 20-142 rewrote this section.

The 2015 amendment by D.C. Law 21-36 added (d).

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(u) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(j) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 days) amendment of this section, see § 4102 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-142: Section 502(e) of D.C. Law 20-142 provided that § 311 of the act shall apply as of December 17, 2014.


§ 38–825.03. School Gardens Program.

(a) A School Gardens Program is established within the Office of the State Superintendent of Education. The School Gardens Program shall:

(1) Coordinate the efforts of community organizations, the Department of Parks and Recreation, the District Department of the Environment, the District of Columbia Public Schools, the Department of General Services, the Public Charter School Board, and the University System of the District of Columbia to establish gardens as integral components of public schools and public charter schools;

(2) Complement the Food Production and Urban Gardens Program, established by § 48-402;

(3) Establish and convene a Garden Advisory Committee, composed of community organizations, District government agencies, and other interested persons;

(4) Collect data on the location and types of gardens in public schools and public charter schools;

(5) Provide technical assistance to public schools and public charter schools;

(6) Coordinate curricula for school gardens and related projects;

(7) Provide training, support, and assistance to gardens in public schools and public charter schools; and

(8) Assist public schools and public charter schools in receiving certification as U.S. Department of Education Green Ribbon Schools.

(b) On or before September 30, 2020, and biennially thereafter, the School Gardens Program shall issue a report to the Mayor, the Council, and the Healthy Youth and Schools Commission about the state of school gardens in the District of Columbia, plans for expanding them, and recommendations for improving the program.

(c) The University of the District of Columbia shall assist the School Gardens Program by providing technical expertise, curricula, and soil testing for school gardens.

(d) As permitted by federal law, when tests show that the soil is safe and when produce is handled safely, produce grown in school gardens may be identified and served to students at the school, including in the cafeteria. Produce grown in school gardens may be sold and the proceeds from such sales shall be expended for the benefit of the school garden program at the school where the produce is grown.

(e) School gardens shall include a demonstration compost pile when feasible.


(July 27, 2010, D.C. Law 18-209, § 503, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(k), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(k), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(v), 66 DCR 912.)

Section References

This section is referenced in § 38-826.02.

Effect of Amendments

D.C. Law 19-37, in subsec. (a), deleted “and” from the end of par. (6), substituted “; and” for a period the end of par. (7), and added par. (8); and, in subsec. (b), substituted “June 30, 2012” for “June 30, 2011”.

The 2012 amendment by D.C. Law 19-168 substituted “Department of General Services” for “Office of Public Education Facilities Modernization” in (a)(1).

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(v) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(k) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(k) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(k) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


Subchapter VI. Health and Wellness.

§ 38–826.01. Local wellness policies.

(a) As required by federal law, each local educational agency shall collaborate with parents, students, food service providers, and community organizations to develop, adopt, and update a comprehensive local wellness policy. Local wellness policies shall be revised at least once every 3 years.

(b) Local wellness policies shall include:

(1) The requirements set forth in federal law; and

(2) Goals for:

(A) Improving the environmental sustainability of schools;

(B) Increasing the use of locally grown, locally processed, and unprocessed foods from growers engaged in sustainable agriculture practices;

(C) Increasing physical activity; and

(D) Developing and implementing an Environmental Literacy Program.

(c) Public schools and public charter schools shall promote their local wellness policy to faculty, staff, parents, and students. A copy shall be:

(1) Posted on each school’s website, if it has one;

(2) Distributed to food service staff members;

(3) Distributed to the school’s parent/teacher organization, if it has one; and

(4) Made available in each school’s office.

(d)(1) The Office of the State Superintendent of Education shall review each local wellness policy to ensure that it complies with federal requirements and shall examine whether schools comply with their policies.

(2) The Office of the State Superintendent of Education may deem a school ineligible for grants from the Healthy Schools Fund if the Office of the State Superintendent of Education finds that the school's local wellness policy does not conform with the federal requirements or that the school has not complied with its local wellness policy.


(July 27, 2010, D.C. Law 18-209, § 601, 57 DCR 4779; Dec. 17, 2014, D.C. Law 20-142, § 311(c), 61 DCR 8045; Mar. 13, 2019, D.C. Law 22-240, § 2(w), 66 DCR 912.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-142 added (b)(2)(D) and made related changes.

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(w) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Editor's Notes

Applicability of D.C. Law 20-142: Section 502(e) of D.C. Law 20-142 provided that § 311 of the act shall apply as of December 17, 2014.


§ 38–826.02. School health profiles.

(a) On or before February 15 of each year, each public school and public charter school shall submit the following information to the Office of the State Superintendent of Education regarding each of its campuses:

(1) Health programs:

(A) Whether the school has full-time, part-time, or no nurse coverage;

(B) The name and contact information of the school’s nurse;

(C) Whether the school has a school-based mental health program or offers similar services on site;

(D) Whether there is a certified or highly qualified health teacher on staff; and

(E) Whether there is a school-based health center;

(2) Nutrition programs:

(A) The name of the school’s food service vendor;

(B) Whether the school’s meals meet the nutritional standards required by federal and District law;

(C) Where the information required by § 38-822.05 can be found;

(D) Whether the school participates in the farm-to-school program under § 38-823.01;

(E) Whether the school participates in the School Gardens Program under § 38-825.03;

(F) The number of students qualifying for free, reduced-price, and paid meals;

(G) For the most recent November, the average daily participation in the national school breakfast and school lunch programs with breakdowns for the number of free, reduced-price, and paid students participating in school breakfast and lunch programs on an average daily basis;

(H) Whether the school participates in Afterschool Meal Snack and Supper Program and if so, the number of children served snacks and suppers on an average daily basis;

(I) For elementary schools, whether the school participates in the Fresh Fruit and Vegetable Snack Program;

(J) Whether the school participates in D.C. Free Summer Meals Program and if so, the number of breakfasts, lunches, suppers, and snacks served on an average daily basis the preceding summer;

(K) Whether the schools has vending machines and if so, how many vending machines, the hours of operation of said vending machines, and what items are sold from the machines; and

(L) Whether the school has a school store and if so, what food and beverages are sold and the hours of operation;

(3) Physical and health education:

(A) The average amount of weekly physical education that students receive in each grade;

(B) The average amount of weekly health education that students receive in each grade; and

(C) How the school promotes physical activity;

(4) Wellness policy:

(A) Whether the school is in compliance with its local wellness policy; and

(B) Where a copy of the school’s local wellness policy can be found.

(b) The Office of the State Superintendent of Education may change the information, as set forth in subsection (a) of this section, to be included in the healthy schools profile form.

(c) On or before January 15 of each year, each public school and public charter school shall post the information required by subsection (a) of this section online if the school has a website and make the form available to parents in its office.

(d) The Office of the State Superintendent of Education shall post the information required by subsection (a) of this section on its website within 30 days of receipt.

(e)(1) The Office of the State Superintendent of Education shall ensure each public school and public charter school complies with subsections (a) and (c) of this section.

(2) The Office of the State Superintendent of Education may deem a school ineligible for grants from the Healthy Schools Fund if the Office of the State Superintendent of Education finds that the school has not complied with subsections (a) and (c) of this section.


(July 27, 2010, D.C. Law 18-209, § 602, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(l), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(m), 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 94, 59 DCR 6190; Mar. 13, 2019, D.C. Law 22-240, § 2(x), 66 DCR 912.)

Effect of Amendments

D.C. Law 19-37, in the lead-in language of subsec. (a), substituted “February 18” for “January 18”; in subsec. (a)(1)(D), substituted “certified or highly qualified health teacher” for “certified health teacher”; in subsec. (a)(2)(D), deleted “and” from the end; and added subsecs. (a)(2)(F) to (L).

The 2012 amendment by D.C. Law 19-168 substituted “30 days” for “14 days” in (d).

The 2012 amendment by D.C. Law 19-171 substituted “Whether the school” for “Whether your school” in (a)(2)(H) through (a)(2)(L).

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(x) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(l) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(m) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(m) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–826.03. School health centers.

(a) The Department of Health, in conjunction with the Department of Healthcare Finance, the District of Columbia Public Schools, the Department of General Services, and the Public Charter School Board, shall develop a plan to establish and operate school health centers in public schools and public charter schools on or before December 31, 2015.

(b) The plan shall include the following:

(1) A needs assessment to determine where school health centers shall be located, including a justification for any determination that a school health center is not needed at a public high school; and

(2) A proposal for financial sustainability for the school health centers.

(c) The plan shall be submitted to the Mayor, the Council, and the Healthy Youth and Schools Commission on or before December 31, 2012.


(July 27, 2010, D.C. Law 18-209, § 603, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(m), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(l), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2, 66 DCR 912.)

Effect of Amendments

D.C. Law 19-37, in subsec. (c), substituted “December 31, 2011” for “December 31, 2010”.

The 2012 amendment by D.C. Law 19-168 substituted “Department of General Services” for “Office of Public Education Facilities Modernization” in (a); and substituted “December 31, 2012” for “December 31, 2011” in (c).

Applicability

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(z) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(y) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(m) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(l) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(l) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–826.04. School nurses.

The square footage of a nurse’s suite shall not be a determining factor as to whether or not a school nurse is placed at a public charter school; provided, that all other conditions as required by the Department of Health are met.


(July 27, 2010, D.C. Law 18-209, § 604, 57 DCR 4779.)

Emergency Legislation

For temporary (90 day) addition of section, see §§ 2(n), 3 of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).


§ 38–826.05. Tobacco-free school campuses.

(a) Tobacco and tobacco products are prohibited in public school and public charter school buildings, grounds, parking lots, parking garages, playing fields, school buses and other vehicles, and at off-campus, school-sponsored events.

(b) For a public charter school located in a mixed-use facility, the requirements of subsection (a) of this section shall apply only to the buildings, grounds, parking lots, garages, and fields under the control of the public charter school.


(July 27, 2010, D.C. Law 18-209, § 604a; as added Oct. 20, 2011, D.C. Law 19-37, § 2(n), 58 DCR 6841.)

Editor's Notes

Section 3 of D.C. Law 19-37 provided: “Sec. 3. Applicability. This act shall apply as of August 15, 2011.”


§ 38–826.06. Youth Risk Behavior Surveillance System.

Each public school and public charter school covered by the Youth Risk Behavior Surveillance System ("YRBSS") shall participate, at no cost to the school, in the YRBSS administered by the Office of the State Superintendent of Education pursuant to § 38-2602(b)(31).


(July 27, 2010, D.C. Law 18-209, § 604b; as added Apr. 11, 2019, D.C. Law 22-291, § 3, 66 DCR 1687.)


Subchapter VII. Healthy Youth and Schools Commission.

§ 38–827.01. Establishment of the Healthy Youth and Schools Commission.

(a) There is established the Healthy Youth and Schools Commission with the purpose of advising the Mayor and the Council on health, wellness, and nutritional issues concerning youth and schools in the District, including:

(1) School meals;

(2) Farm-to-school programs;

(3) Physical activity and physical education;

(4) Health education;

(5) Environmental programs;

(6) School gardens;

(7) Sexual health programming;

(8) Chronic disease prevention;

(9) Emotional, social, and mental health services;

(10) Substance abuse; and

(11) Violence prevention.

(b) Specific functions of the Commission shall include the following:

(1) Advising on the operations of all District health, wellness, and nutrition programs;

(2) Reviewing and advising on the best practices in health, wellness, and nutrition programs across the United States;

(3) Recommending standards, or revisions to existing standards, concerning the health, wellness, and nutrition of youth and schools in the District;

(4) Advising on the development of an ongoing program of public information and outreach programs on health, wellness, and nutrition;

(5) Making recommendations on enhancing the collaborative relationship between the District government, the federal government, the University of the District of Columbia, local nonprofit organizations, colleges and universities, and the private sector in connection with health, wellness, and nutrition;

(6) Identifying gaps in funding and services, or methods of expanding services to District residents;

(7) Engaging students in improving health, wellness, and nutrition in schools; and

(8) Participating in the selection process for any grants provided under the Healthy Schools Fund established pursuant to § 38-821.02.

(c) On or before November 30 of each year, the Commission shall submit to the Mayor and the Council a comprehensive report on the health, wellness, and nutrition of youth and schools in the District. The report shall:

(1) Explain the efforts made within the preceding year to improve the health, wellness, and nutrition of youth and schools in the District;

(2) Discuss the steps that other states have taken to address the health, wellness, and nutrition of youth and schools; and

(3) Make recommendations about how to further improve the health, wellness, and nutrition of youth and schools in the District.


(July 27, 2010, D.C. Law 18-209, § 701, 57 DCR 4779; Sept. 20, 2012, D.C. Law 19-168, § 4062(n), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(z), 66 DCR 912.)

Section References

This section is referenced in § 38-821.01.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 substituted “November 30” for “September 30” in the first sentence of the introductory language of (c).

Emergency Legislation

For temporary (90 day) amendment of section, see § 4062(n) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(n) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.


§ 38–827.02. Composition and organization of the Commission.

(a) The Commission shall be composed of 13 members who are experts in health, wellness, or nutrition; parents; teachers; or students. The Mayor shall appoint 10 members, no more than 5 of whom shall represent District agencies. The Chairman of the Council shall appoint one member. The chair of the Council committee with oversight of education shall appoint one member. The Chair of the Public Charter School Board shall appoint one member.

(b) Members shall serve 3-year terms on the Commission, except that:

(1) Of the Mayor’s first 10 persons appointed, 4 shall be appointed to serve 3-year terms, 3 shall be appointed to serve 2-year terms, and 3 shall be appointed to serve one-year terms; and

(2) Students shall serve for one year.

(c) The Mayor shall designate one member of the Commission to serve as its Chairperson.

(d) A member shall serve for no more than 2 consecutive, full terms.

(e) Unless excused by the Chairperson, any member who fails to attend 3 consecutive meetings shall be deemed to be removed from the Commission, creating a vacancy.

(f) Each member of the Commission shall serve without compensation; provided, that each member may be reimbursed for actual expenses pursuant to § 1-611.08.


(July 27, 2010, D.C. Law 18-209, § 702, 57 DCR 4779.)


§ 38–827.03. Rules of procedure.

(a) The Chairperson of the Commission, or his or her designated representative, who shall be a member of the Commission, shall convene all meetings of the Commission. Seven members of the Commission shall constitute a quorum. Voting by proxy shall not be permitted.

(b) All meetings, reports, and recommendations shall be a matter of public record.

(c) The Commission shall establish its meeting schedule; provided, that the Commission shall meet at least 4 times during each calendar year.

(d) The Commission may establish subcommittees as needed. Subcommittees may include persons who are not members of the Commission; provided, that each subcommittee shall be chaired by a Commission member.


(July 27, 2010, D.C. Law 18-209, § 703, 57 DCR 4779.)


§ 38–827.04. Administration.

Subject to appropriations, the Office of the State Superintendent of Education shall provide administrative and technical support to the Commission as necessary.


(July 27, 2010, D.C. Law 18-209, § 704, 57 DCR 4779.)


Subchapter VIII. Rules and Applicability.

§ 38–828.01. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter.


(July 27, 2010, D.C. Law 18-209, § 801, 57 DCR 4779.)


§ 38–828.02. Applicability.

(a) Subchapter II of this chapter shall apply as of August 1, 2010.

(b) Repealed.


(July 27, 2010, D.C. Law 18-209, § 802, 57 DCR 4779; Sept. 24, 2010, D.C. Law 18-223, § 7005, 57 DCR 6242.)

Effect of Amendments

D.C. Law 18-223 repealed subsec. (b), which had read as follows: “(b) This chapter shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”

Emergency Legislation

For temporary (90 day) repeal of section 802(b) of D.C. Law 18-209, see § 7005 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).