Code of the District of Columbia

This section will be modified by the following acts when they become effective:

§ 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) Ten 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(2) Repealed.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 40 cents for each lunch meal that meets the requirements of §§ 38-822.02 and 38-822.03 and is served to students who qualify for reduced-price meals.

(4) To provide resources to implement the breakfast-in-the-classroom program under § 38-822.03(a)(2), the Office of the State Superintendent of Education shall provide a one- time subsidy of $7 per student to new public schools, new public charter schools, and new private schools that have not previously received the funds and that participate in the National School Lunch Program, in which more than 40% of students qualify for free or reduced-price meals.

(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, 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 at the end of a fiscal 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.)

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

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.