Code of the District of Columbia

§ 38–822.01. Goals.

(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; 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).

Editor's Notes

Section 2 of D.C. Law 20-198 provided: “(a) On or before July 1, 2015, the Office of the State Superintendent of Education (‘OSSE’), shall submit a plan to the Mayor and the Council for providing free meals to District of Columbia Public Schools (‘DCPS’) students in high-poverty areas who qualify for free or reduced-price meals on school days when DCPS schools are closed due to inclement weather. The plan shall include, at a minimum:

“(1) A determination as to whether distributing meals to eligible students would be more feasible the day before school is likely be canceled due to inclement weather or on a day that school is actually cancelled due to inclement weather;

“(2) A list of schools to receive meals based on meeting the following criteria

“(A) At least 50% of students qualify for free or reduced-price meals;

“(B) At least 50% of the enrolled students have family incomes that are less than 185% of the federal poverty level; and

“(C) The school has the physical capacity to store sufficient amounts of nonperishable food to distribute to students; and

“(3) A plan to distribute as many meals and snacks as feasible and as allowed through the federal Summer Food Service Program, authorized by section 13 of the National School Lunch Act, approved May 8, 1968 (82 Stat. 117; 42 U.S.C. Section 1761) (‘Summer Food Service Program’), to an eligible student on a day when school is cancelled due to inclement weather.

“(b) [Applicable as provided in of D.C. Law 20-198, § 3] The plan required by subsection (a) of this section shall be implemented on October 1, 2015.

“(c) In creating a plan for providing meals on days when school is cancelled due to inclement weather, the OSSE shall strive to comply with the nutritional requirements of section 202 of the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; D.C. Official Code Section 38-822.02), where feasible.

“(d) The meals provided to students in accordance with this section may be submitted for federal reimbursement through the Summer Food Service Program.”

Section 2 of D.C. Law 20-277, contingent upon funding pursuant to § 3 of the act, provided:

“(a) On or before July 1, 2015, the Office of the State Superintendent of Education (‘OSSE’), shall submit a plan to the Mayor and the Council for providing free meals to District of Columbia Public Schools (‘DCPS’) students in high-poverty areas who qualify for free or reduced-price meals on school days when DCPS schools are closed due to inclement weather. The plan shall include, at a minimum:

“(1) A determination as to whether distributing meals to eligible students would be more feasible the day before school is likely be canceled due to inclement weather or on a day that school is actually cancelled due to inclement weather;

“(2) A list of schools to receive meals based on meeting the following criteria:

“(A) At least 50% of students qualify for free or reduced-price meals;

“(B) At least 50% of the enrolled students have family incomes that are less than 185% of the federal poverty level; and

“(C) The school has the physical capacity to store sufficient amounts of nonperishable food to distribute to students;

“(3) A plan to distribute as many meals and snacks as feasible and as allowed through the federal Summer Food Service Program, authorized by section 13 of the National School Lunch Act, approved May 8, 1968 (82 Stat. 117; 42 U.S.C. § 1761) (‘Summer Food Service Program’), to an eligible student on a day when school is cancelled due to inclement weather.

“(b) The plan required by subsection (a) of this section shall be implemented on October 1, 2015.

“(c) In creating a plan for providing meals on days when school is cancelled due to inclement weather, the OSSE shall strive to comply with the nutritional requirements of section 202 of the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; D.C. Official Code § 38-822.02), where feasible.

“(d) The meals provided to students in accordance with this section may be submitted for federal reimbursement through the Summer Food Service Program.”