Physical Education and Health

Section 204 of Public Law 108-265—June 30, 2004

Child Nutrition and WIC Reauthorization Act of 2004

SEC. 204 LOCAL WELLNESS POLICY

(a) IN GENERAL - Not later than the first day of the school year beginning after June 30, 2006,

each local education agency participating in a program authorized by the Richard B. Russell

National School Lunch Act (42 U.S.C.1751 et seq.) or the Child Nutrition Act of 1966 (42

U.S.C. 1771 et seq.) shall establish a local school wellness policy for schools under the local

educational agency that, at a minimum—

1) Includes goals for nutrition education, physical activity and other school- based activities that are designed to promote student wellness in a manner that the local educational agency determines is appropriate;

2) Includes nutrition guidelines selected by the local educational agency for all foods available on each school campus under the local educational agency during the school day with the objectives of promoting student health and reducing childhood obesity;

3) Provides an assurance that guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture pursuant to subsections (a) and (b) of section 10 of the Child Nutrition Act (42 U.S.C. 1779) and section 9(f)(1) and 17(a) of the Richard B Russell National School Lunch Act (42 U.S.C. 1758(f)(1), 1766(a)0, as those regulations and guidance apply to schools;

4) Establishes a plan for measuring implementation of the local wellness policy, including designation of 1 or more persons within the local educational agency or at each school, as appropriate, charged with operational responsibility for ensuring that the school meets the local wellness policy; and

5) Involves parents, students, and representatives of the school food authority, the school board, school administrators, and the public in the development of the school wellness policy.

(b) TECHNICAL ASSISTANCE AND BEST PRACTICES. -

(1) IN GENERAL. - The Secretary, in coordination with the Secretary of Education and in

consultation with the Secretary of Health and Human Services, acting through the Centers for

Disease Control and Prevention, shall make available to local educational agencies, school food

authorities, and State educational agencies, on request, information and technical assistance for

use in—

(A) Establishing healthy school nutrition environments;

(B) Reducing childhood obesity; and

(C) Preventing diet-related chronic diseases.

(2) CONTENT. - Technical assistance provided by the Secretary under this subsection shall—

(A) Include relevant and applicable examples of schools and local educational agencies that have taken steps to offer healthy options for foods sold or served in schools;

(B) Include such other technical assistance as is required to carry out the goals of promoting sound nutrition and establishing healthy school nutrition environments that are consistent with this section;

(C) Be provided in such a manner as to be consistent with the specific needs and requirements of local educational agencies; and

(D) Be for guidance purposes only and not be construed as binding or as a mandate to schools, local educational agencies, school food authorities, or State educational

agencies.

(3) FUNDING. –

(A) IN GENERAL. – On July 1, 2006, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this subsection $4,000,000, to remain

available until September 30, 2009.

(B) RECEIPT AND ACCEPTANCE. – The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under

subparagraph (A), without further appropriation.