(a) Public schools, public charter schools, and participating private schools shall serve healthy and nutritious meals to students. Schools are strongly encouraged to consider serving vegetarian food options each week.
(b) Public schools, public charter schools, and participating private schools are strongly encouraged to participate in the United States Department of Agriculture's HealthierUS School Challenge program and achieve Gold Award Level certification.
(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.)
HISTORICAL AND STATUTORY NOTES
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".
Emergency Act Amendments
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).
Legislative History of Laws
For Law 18-209, see notes following § 38-821.01.
For history of Law 19-37, see notes under § 38-821.01.
(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:
(1) The following nutritional requirements per serving:
(A) Saturated fat: Fewer than 10% of total calories;
(B) Trans fat: Zero grams; and
(C)(i) Sodium:
(I) For breakfast meals:
(aa) Less than 430 milligrams for Grades Kindergarten through 5;
(bb) Less than 470 milligrams for Grades 6 through 8; and
(cc) Less than 500 milligrams for Grades 9 through 12; and
(II) For lunch meals:
(aa) Less than 640 milligrams for Grades Kindergarten through 5;
(bb) Less than 710 milligrams for Grades 6 through 8; and
(cc) Less than 740 milligrams for Grades 9 through 12.
(ii) The requirements of this subparagraph shall not apply until July 1, 2022; provided, that public schools, public charter schools, and participating private schools shall gradually reduce the amount of sodium served in school meals; and
(2) The serving requirements of the United State Department of Agriculture's HealthierUS School Challenge program at the Gold Award Level for vegetables, fruits, whole grains, milk, and other foods served in school meals, as may be revised from time to time, notwithstanding any termination of the program.
(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.)
HISTORICAL AND STATUTORY NOTES
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".
D.C. Law 19-168, in subsec. (b)(1)(C)(ii), substituted "July 1, 2022" for "August 1, 2020".
Emergency Act Amendments
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).
Legislative History of Laws
For Law 18-209, see notes following § 38-821.01.
For history of Law 19-37, see notes under § 38-821.01.
For history of Law 19-168, see notes under § 38-751.01.
(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;
(B) A public middle and high school, public charter middle and high school, and participating private middle and high school shall offer alternative serving models, such as breakfast in the classroom or grab-and-go carts, in one or more locations with high student traffic, other than the cafeteria, each day to increase breakfast participation; 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.
(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 and commodity foods programs 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.)
HISTORICAL AND STATUTORY NOTES
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,". Prior to amendment, subsecs. (a) and (c) read as follows:
"(a)(1) Public schools and public charter 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 and a public charter elementary school shall offer breakfast in the classroom each day; and
"(B) A public middle and high school and a public charter middle and high school shall offer alternative serving models, such as breakfast in the classroom or grab-and-go carts, each day to increase breakfast participation."
"(c) Public schools and public charter schools are encouraged to make cold, filtered water available free to students, through water fountains or other means, when meals are served to students in public schools and public charter schools."
D.C. Law 19-168, in subsec. (c), substituted "shall" for "are encouraged to".
Emergency Act Amendments
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).
Legislative History of Laws
For Law 18-209, see notes following § 38-821.01.
For history of Law 19-37, see notes under § 38-821.01.
For history of Law 19-168, see notes under § 38-751.01.
(a) The District of Columbia Public Schools shall establish a central facility 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 District of Columbia Public Schools shall provide reasonable access to charter schools that wish to use the facility.
(c) The Department of General Services shall assist the District of Columbia Public Schools in selecting real property for the facility and the Office of Public Education Facilities Modernization shall convert the real property into the facility.
(d) On or before December 31 of each year until the project is completed, the District of Columbia Public Schools, in consultation with the Department of General Services, shall issue a report to the Mayor, the Council, and the Healthy Schools and Youth Commission documenting progress on the development of the central kitchen.
(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.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-37 added subsec. (d).
D.C. Law 19-168, in subsec. (c), substituted "The Department of General Services" for "The Department of Real Estate Services".
Emergency Act Amendments
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).
Legislative History of Laws
For Law 18-209, see notes following § 38-821.01.
For history of Law 19-37, see notes under § 38-821.01.
For history of Law 19-168, see notes under § 38-751.01.
(a) Food service providers shall provide the following information to public schools, public charter schools, and participating private schools:
(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 and whether growers are engaged in sustainable agriculture practices.
(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) Online, if the school has a 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.)
HISTORICAL AND STATUTORY NOTES
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).
D.C. Law 19-168, in subsec. (a)(3), substituted "if requested by parents and legal guardians; and" for "; and"; in subsec. (b)(1), substituted "provide" for "post" in the lead-in language, deleted "and" from the end of subpar. (A), inserted a comma following "Online" and substituted "; and" for a period in subpar. (B), and added subpar. (C).
Emergency Act Amendments
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).
Legislative History of Laws
For Law 18-209, see notes following § 38-821.01.
For history of Law 19-37, see notes under § 38-821.01.
For history of Law 19-168, see notes under § 38-751.01.
(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 the requirements of the United States Department of Agriculture's HealthierUS School Challenge program at the Gold Award Level for competitive foods, as may be revised from time to time and notwithstanding any termination of the HealthierUS School Challenge program.
(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 school stores shall meet the requirements of subsection (a) of this section.
(e) Public schools, public charter schools, 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.)
HISTORICAL AND STATUTORY NOTES
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".
D.C. Law 19-168, in subsec. (b), deleted "and" from the end of par. (3), substituted "; and" for a period the end of par. (4), and added par. (5).
Emergency Act Amendments
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).
Legislative History of Laws
For Law 18-209, see notes following § 38-821.01.
For history of Law 19-37, see notes under § 38-821.01.
For history of Law 19-168, see notes under § 38-751.01.
The Healthy Schools and Youth 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.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-209, see notes following § 38-821.01.
