42 U.S.C. § 1788
Section 1788 · Team nutrition network
Current version, with additions and removals from the October 31, 1998 version.
Congress finds that effective dissemination of scientifically valid information to children participating or eligible to participate in the school lunch and related child nutrition programs should be encouraged.
It is the purpose of this section to establish a system of grants to State educational agencies for the development of comprehensive nutrition education and training programs. Such nutrition education programs shall fully use as a learning laboratory the school lunch and child nutrition programs.
For purposes of this section, the term “nutrition education and training program” means a multidisciplinary program by which scientifically valid information about foods and nutrients is imparted in a manner that individuals receiving such information will understand the principles of nutrition and seek to maximize their well-being through food consumption practices. Nutrition education programs shall include, but not be limited to, (A) instructing students with regard to the nutritional value of foods and the relationship between food and human health; (B) training child nutrition program personnel in the principles and practices of food service management; (C) instructing teachers in sound principles of nutrition education; (D) developing and using classroom materials and curricula; and (E) providing information to parents and caregivers regarding the nutritional value of food and the relationship between food and health.
(1) The Secretary is authorized to formulate and carry out a nutrition education and training program, through a system of grants to State educational agencies, to provide for (A) the nutritional training of educational and food service personnel, (B) training school food service personnel in the principles and practices of food service management, in cooperation with materials developed at any food service management institute established as authorized by section 21(a)(2) of the National School Lunch Act [42 U.S.C. 1769b–1(a)(2)], and (C) the conduct of nutrition education activities in schools, child care institutions, and institutions offering summer food service programs under section 13 of the National School Lunch Act [42 U.S.C. 1761], and the provision of nutrition education to parents and caregivers.
(2) The program is to be coordinated at the State level with other nutrition activities conducted by education, health, and State Cooperative Extension Service agencies. In formulating the program, the Secretary and the State may solicit the advice and recommendations of State educational agencies, the Department of Health and Human Services, and other interested groups and individuals concerned with improvement of child nutrition.
(3) If a State educational agency is conducting or applying to conduct a health education program which includes a school-related nutrition education component as defined by the Secretary, and that health education program is eligible for funds under programs administered by the Department of Health and Human Services, the Secretary may make funds authorized in this section available to the Department of Health and Human Services to fund the nutrition education component of the State program without requiring an additional grant application.
(4) The Secretary, in carrying out the provisions of this subsection, shall make grants to State educational agencies who, in turn, may contract with land-grant colleges eligible to receive funds under the Act of July 2, 1862 [7 U.S.C. 301 et seq.], or the Act of August 30, 1890 [7 U.S.C. 321 et seq.], including the Tuskegee Institute, other institutions of higher education, and nonprofit organizations and agencies, for the training of educational, school food service, child care, and summer food service personnel with respect to providing nutrition education programs in schools and the training of school food service personnel in school food service management, in coordination with the activities authorized under section 21 of the National School Lunch Act [42 U.S.C. 1769b–1]. Such grants may be used to develop and conduct training programs for early childhood, elementary, and secondary educational personnel and food service personnel with respect to the relationship between food, nutrition, and health; educational methods and techniques, and issues relating to nutrition education; and principles and skills of food service management for cafeteria personnel.
(5) The State, in carrying out the provisions of this subsection, may contract with State and local educational agencies, land-grant colleges eligible to receive funds under the Act of July 2, 1862 [7 U.S.C. 301 et seq.], or the act of August 30, 1890 [7 U.S.C. 321 et seq.], including the Tuskegee Institute, other institutions of higher education, and other public or private nonprofit educational or research agencies, institutions, or organizations to pay the cost of pilot demonstration projects in elementary and secondary schools, and in child care institutions and summer food service institutions, with respect to nutrition education. Such projects may include, but are not limited to, projects for the development, demonstration, testing, and evaluation of curricula for use in early childhood, elementary, and secondary education programs.
The Secretary is authorized to enter into agreements with State educational agencies incorporating the provisions of this section, and issue such regulations as are necessary to implement this section.
(1) The funds made available under this section may, under guidelines established by the Secretary, be used by State educational agencies for—
(A) employing a nutrition education specialist to coordinate the program, including travel and related personnel costs;
(B) undertaking an assessment of the nutrition education needs of the State;
(C) developing a State plan of operation and management for nutrition education;
(D) applying for and carrying out planning and assessment grants;
(E) pilot projects and related purposes;
(F) the planning, development, and conduct of nutrition education programs and workshops for food service and educational personnel;
(G) coordinating and promoting nutrition education and training activities in local school districts (incorporating, to the maximum extent practicable, as a learning laboratory, the child nutrition programs);
(H) contracting with public and private nonprofit educational institutions for the conduct of nutrition education instruction and programs relating to the purposes of this section;
(I) related nutrition education purposes, including the preparation, testing, distribution, and evaluation of visual aids and other informational and educational materials; and
(J) other appropriate related activities, as determined by the State.
The purposes of the team nutrition network are—
(1) to establish State systems to promote the nutritional health of school children of the United States through nutrition education and the use of team nutrition messages and material developed by the Secretary, and to encourage regular physical activity and other activities that support healthy lifestyles for children, including those based on the most recent Dietary Guidelines for Americans published under section 5341 of title 7;
(2) to provide assistance to States for the development of comprehensive and integrated nutrition education and active living programs in schools and facilities that participate in child nutrition programs;
(3) to provide training and technical assistance and disseminate team nutrition messages to States, school and community nutrition programs, and child nutrition food service professionals;
(4) to coordinate and collaborate with other nutrition education and active living programs that share similar goals and purposes; and
(5) to identify and share innovative programs with demonstrated effectiveness in helping children to maintain a healthy weight by enhancing student understanding of healthful eating patterns and the importance of regular physical activity.
In this section, the term “team nutrition network” means a statewide multidisciplinary program for children to promote healthy eating and physical activity based on scientifically valid information and sound educational, social, and marketing principles.
(1) In general
Subject to the availability of funds for use in carrying out this section, in addition to any other funds made available to the Secretary for team nutrition purposes, the Secretary, in consultation with the Secretary of Education, may make grants to State agencies for each fiscal year, in accordance with this section, to establish team nutrition networks to promote nutrition education through—
(A) the use of team nutrition network messages and other scientifically based information; and
(B) the promotion of active lifestyles.
(2) Form
A portion of the grants provided under this subsection may be in the form of competitive grants.
(3) Funds from nongovernmental sources
In carrying out this subsection, the Secretary may accept cash contributions from nongovernmental organizations made expressly to further the purposes of this section, to be managed by the Food and Nutrition Service, for use by the Secretary and the States in carrying out this section.
(1) State educational agencies participating in programs under this section shall keep such accounts and records as may be necessary to enable the Secretary to determine whether there has been compliance with this section and the regulations issued hereunder. Such accounts and records shall be available at any reasonable time for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of five years, as the Secretary determines to be necessary.
(2) State educational agencies shall provide reports on expenditures of Federal funds, program participation, program costs, and related matters, in such form and at such times as the Secretary may prescribe.
(1) In order to be eligible for assistance under this section, a State shall appoint a nutrition education specialist to serve as a State coordinator for school nutrition education. It shall be the responsibility of the State coordinator to make an assessment of the nutrition education needs in the State, prepare a State plan, and coordinate programs under this chapter with all other nutrition education programs provided by the State with Federal or State funds.
(2) Upon receipt of funds authorized by this section, the State coordinator shall prepare an itemized budget and assess the nutrition education and training needs of the State.
(1) the product obtained by multiplying 1/2 cent by the number of lunches reimbursed through food service programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) during the second preceding fiscal year in schools, institutions, and service institutions that participate in the food service programs; and
(2) the total value of funds received by the Secretary in support of this section from nongovernmental sources.
To be eligible to receive a grant under this section, a State agency shall submit to the Secretary a plan that—
(1) is subject to approval by the Secretary; and
(2) is submitted at such time and in such manner, and that contains such information, as the Secretary may require, including—
(A) a description of the goals and proposed State plan for addressing the health and other consequences of children who are at risk of becoming overweight or obese;
(B) an analysis of the means by which the State agency will use and disseminate the team nutrition messages and material developed by the Secretary;
(C) an explanation of the ways in which the State agency will use the funds from the grant to work toward the goals required under subparagraph (A), and to promote healthy eating and physical activity and fitness in schools throughout the State;
(D) a description of the ways in which the State team nutrition network messages and activities will be coordinated at the State level with other health promotion and education activities;
(E) a description of the consultative process that the State agency employed in the development of the model nutrition and physical activity programs, including consultations with individuals and organizations with expertise in promoting public health, nutrition, or physical activity;
(F) a description of how the State agency will evaluate the effectiveness of each program developed by the State agency;
(G) an annual summary of the team nutrition network activities;
(H) a description of the ways in which the total school environment will support healthy eating and physical activity; and
(I) a description of how all communications to parents and legal guardians of students who are members of a household receiving or applying for assistance under the program shall be in an understandable and uniform format and, to the maximum extent practicable, in a language that parents and legal guardians can understand.
Each State that receives a grant under this section shall appoint a team nutrition network coordinator who shall—
(1) administer and coordinate the team nutrition network within and across schools, school food authorities, and other child nutrition program providers in the State; and
(2) coordinate activities of the Secretary, acting through the Food and Nutrition Service, and State agencies responsible for other children's health, education, and wellness programs to implement a comprehensive, coordinated team nutrition network program.
A State agency that receives a grant under this section may use funds from the grant—
(1)(A) to collect, analyze, and disseminate data regarding the extent to which children and youths in the State are overweight, physically inactive, or otherwise suffering from nutrition-related deficiencies or disease conditions; and
(B) to identify the programs and services available to meet those needs;
(2) to implement model elementary and secondary education curricula using team nutrition network messages and material developed by the Secretary to create a comprehensive, coordinated nutrition and physical fitness awareness and obesity prevention program;
(3) to implement pilot projects in schools to promote physical activity and to enhance the nutritional status of students;
(4) to improve access to local foods through farm-to-cafeteria activities that may include the acquisition of food and the provision of training and education;
(5) to implement State guidelines in health (including nutrition education and physical education guidelines) and to emphasize regular physical activity during school hours;
(6) to establish healthy eating and lifestyle policies in schools;
(7) to provide training and technical assistance to teachers and school food service professionals consistent with the purposes of this section;
(8) to collaborate with public and private organizations, including community-based organizations, State medical associations, and public health groups, to develop and implement nutrition and physical education programs targeting lower income children, ethnic minorities, and youth at a greater risk for obesity.
Subject to the availability of funds to carry out this subsection, the Secretary, in consultation with the Secretary of Education, shall provide assistance to selected local educational agencies to create healthy school nutrition environments, promote healthy eating habits, and increase physical activity, consistent with the Dietary Guidelines for Americans published under section 5341 of title 7, among elementary and secondary education students.
(2) Selection of schools
In selecting local educational agencies for grants under this subsection, the Secretary shall—
(A) provide for the equitable distribution of grants among—
(i) urban, suburban, and rural schools; and
(ii) schools with varying family income levels;
(B) consider factors that affect need, including local educational agencies with significant minority or low-income student populations; and
(C) establish a process that allows the Secretary to conduct an evaluation of how funds were used.
(3) Requirement for participation
To be eligible to receive assistance under this subsection, a local educational agency shall, in consultation with individuals who possess education or experience appropriate for representing the general field of public health, including nutrition and fitness professionals, submit to the Secretary an application that shall include—
(A) a description of the need of the local educational agency for a nutrition and physical activity program, including an assessment of the nutritional environment of the school;
(B) a description of how the proposed project will improve health and nutrition through education and increased access to physical activity;
(C) a description of how the proposed project will be aligned with the local wellness policy required under section 204 of the Child Nutrition and WIC Reauthorization Act of 2004;
(D) a description of how funds under this subsection will be coordinated with other programs under this chapter, the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), or other Acts, as appropriate, to improve student health and nutrition;
(E) a statement of the measurable goals of the local educational agency for nutrition and physical education programs and promotion;
(F) a description of the procedures the agency will use to assess and publicly report progress toward meeting those goals; and
(G) a description of how communications to parents and guardians of participating students regarding the activities under this subsection shall be in an understandable and uniform format, and, to the extent maximum practicable, in a language that parents can understand.
(4) Duration
Subject to the availability of funds made available to carry out this subsection, a local educational agency receiving assistance under this subsection shall conduct the project during a period of 3 successive school years beginning with the initial fiscal year for which the local educational agency receives funds.
(5) Authorized activities
An eligible applicant that receives assistance under this subsection—
(A) shall use funds provided to—
(i) promote healthy eating through the development and implementation of nutrition education programs and curricula based on the Dietary Guidelines for Americans published under section 5341 of title 7; and
(ii) increase opportunities for physical activity through after school programs, athletics, intramural activities, and recess; and
(B) may use funds provided to—
(i) educate parents and students about the relationship of a poor diet and inactivity to obesity and other health problems;
(ii) develop and implement physical education programs that promote fitness and lifelong activity;
(iii) provide training and technical assistance to food service professionals to develop more appealing, nutritious menus and recipes;
(iv) incorporate nutrition education into physical education, health education, and after school programs, including athletics;
(v) involve parents, nutrition professionals, food service staff, educators, community leaders, and other interested parties in assessing the food options in the school environment and developing and implementing an action plan to promote a balanced and healthy diet;
(vi) provide nutrient content or nutrition information on meals served through the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 1773 of this title and items sold a la carte during meal times;
(vii) encourage the increased consumption of a variety of healthy foods, including fruits, vegetables, whole grains, and low-fat dairy products, through new initiatives to creatively market healthful foods, such as salad bars and fruit bars;
(viii) offer healthy food choices outside program meals, including by making low-fat and nutrient dense options available in vending machines, school stores, and other venues; and
(ix) provide nutrition education, including sports nutrition education, for teachers, coaches, food service staff, athletic trainers, and school nurses.
(6) Report
Not later than 18 months after completion of the projects and evaluations under this subsection, the Secretary shall—
(A) submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Agriculture, Nutrition and Forestry of the Senate a report describing the results of the evaluation under this subsection; and
(B) make the report available to the public, including through the Internet.
In carrying out the purpose of this section to support nutrition education, the Secretary may provide for technical assistance and grants to improve the quality of school meals and access to local foods in schools and institutions.
Material prepared under this section regarding agricultural commodities, food, or beverages, must be factual and without bias.
(1) In general
Subject to the availability of funds to carry out this subsection, the Secretary shall offer to enter into an agreement with an independent, nonpartisan, science-based research organization—
(A) to conduct a comprehensive independent evaluation of the effectiveness of the team nutrition initiative and the team nutrition network under this section; and
(B) to identify best practices by schools in—
(i) improving student understanding of healthful eating patterns;
(ii) engaging students in regular physical activity and improving physical fitness;
(iii) reducing diabetes and obesity rates in school children;
(iv) improving student nutrition behaviors on the school campus, including by increasing healthier meal choices by students, as evidenced by greater inclusion of fruits, vegetables, whole grains, and lean dairy and protein in meal and snack selections;
(v) providing training and technical assistance for food service professionals resulting in the availability of healthy meals that appeal to ethnic and cultural taste preferences;
(vi) linking meals programs to nutrition education activities;
(vii) successfully involving parents, school administrators, the private sector, public health agencies, nonprofit organizations, and other community partners;
(viii) ensuring the adequacy of time to eat during school meal periods; and
(ix) successfully generating revenue through the sale of food items, while providing healthy options to students through vending, student stores, and other venues.
(2) Report
Not later than 3 years after funds are made available to carry out this subsection, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the findings of the independent evaluation.
(B) Grants.—
(i) In general.—Grants to each State from the amounts made available under subparagraph (A) shall be based on a rate of 50 cents for each child enrolled in schools or institutions within the State, except that no State shall receive an amount less than $75,000 per fiscal year.
(ii) Insufficient funds.—If the amount made available for any fiscal year is insufficient to pay the amount to which each State is entitled under clause (i), the amount of each grant shall be ratably reduced.
(2) Funds made available to any State under this section shall remain available to the State for obligation in the fiscal year succeeding the fiscal year in which the funds were received by the State.
(3) Enrollment data used for purposes of this subsection shall be the latest available as certified by the Department of Education.