42 U.S.C. § 1758b — Local school wellness policy

(a) In general. Each local educational agency that participates in a program authorized by this chapter or the Child Nutrition Act of 1966 must establish a local school wellness policy for every school under its authority. (b) Guidelines. The Secretary must issue regulations giving local educational agencies a framework and guidelines for these policies. At a minimum, the guidelines must require: (1) Goals for nutrition education and promotion, physical activity, and other school activities that promote student wellness. (2) Nutrition guidelines for all food available on each school campus under the agency’s authority during the school day. The guidelines must (A) be consistent with sections 1758 and 1766 of this title and sections 4 and 10 of the Child Nutrition Act of 1966; and (B) promote student health and reduce childhood obesity. (3) The agency must allow parents, students, school-food-authority representatives, physical-education teachers, school-health professionals, the school board, school administrators, and the public to participate in developing, carrying out, and periodically reviewing and updating the policy. (4) The agency must tell the public, including parents, students, and other community members, about the policy’s contents and implementation and must keep the public updated. (5) The agency must: (A) periodically measure and make public an assessment of implementation, including (i) how much the schools comply with the policy, (ii) how the policy compares with model local wellness policies, and (iii) the progress toward the policy’s goals; and (B) designate one or more agency or school officials, as appropriate, to make sure each school complies with the policy. (c) Local discretion. The local educational agency must use the Secretary’s guidelines to choose the specific policies appropriate for its schools. (d) Technical assistance and best practices. (1) In general. After consulting the Secretary of Education and the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, the Secretary must give local educational agencies, school food authorities, and State educational agencies information and technical assistance for creating healthy school environments that promote student health and wellness. (2) Content. The assistance must: (A) Include resources and training on designing, carrying out, promoting, distributing, and evaluating local wellness policies and overcoming obstacles to adopting them; (B) Include model policies and best practices recommended by Federal agencies, State agencies, and nongovernmental organizations; (C) Include any other assistance needed to promote sound nutrition and healthy school nutrition environments; and (D) Be consistent with the particular needs and requirements of local educational agencies. (3) Study and report. (A) In general. If money is available, the Secretary, together with the Director of the Centers for Disease Control and Prevention, must prepare a report on the implementation, strength, and effectiveness of the wellness policies carried out under this section. (B) Study. The study must include (i) an analysis of the strengths and weaknesses of the policies and how they compare with model policies recommended under paragraph (2)(B), and (ii) an assessment of the policies’ effect in addressing subsection (b)’s requirements. (C) Report. By January 1, 2014, the Secretary must submit the study’s findings to the specified House and Senate committees. (D) Authorization of appropriations. Congress may appropriate $3,000,000 for fiscal year 2011 to carry out this paragraph. The money remains available until it is spent.