Code of the District of Columbia

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; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)

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Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has 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(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.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

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; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)

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: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has 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(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 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

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(y), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)

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: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has 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 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

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.)