Title 38 — Educational Institutions.

Within 30 calendar days after the end of the school year, the Chancellor shall submit to the Office of the State Superintendent of Education the name of each: (1) Student who was identified as at risk of retention pursuant to 5-E DCMR § 2200.9 and a description of intervention se…

(a) The Chancellor shall establish procedures to review retention decisions made pursuant to this chapter or as set forth in the DCMR and may review all retention decisions made pursuant to the procedures. (b) The Chancellor shall establish a process, including deadlines, to allo…

(a)(1) Each student retained for the failure to meet the promotion criteria specified in the DCMR shall attend the summer school session immediately following the school year in which the student was retained, unless specifically excused by the principal or the Chancellor. (2) A …

The Chancellor, pursuant to § 38-174(c)(5), shall issue rules to implement the provisions of this chapter.

There is hereby created in the public schools of the District of Columbia a Department of Food Services, which Department, under the direction and control of the Board of Education of the District of Columbia, hereinafter referred to as the “Board,” is hereby authorized to conduc…

For carrying out the purposes of this chapter, the Board is empowered: (1) To establish in the Department of Food Services an Office of Central Management consisting of a Director and assistant directors of Food Services, whose compensation shall be fixed in accordance with the D…

Service rendered by any person for salary or wages as an employee of any cafeteria or lunchroom operated in the public school buildings of the District during any period prior to the date when such cafeteria or lunchroom is placed under the Office of Central Management shall, if …

All revenues and receipts of any nature whatever derived from the operation of food services, or as otherwise provided by this chapter shall, under regulations established by the Mayor, be paid to the D.C. Treasurer and deposited in the General Fund, and accounted for within the …

Appropriations are authorized for the payment of compensation for all personal services necessary for the operation of the Department of Food Services and for the acquisition, maintenance, and replacement of equipment for use in that operation.

Insofar as the Board shall conduct a school lunch program under the authority of §§ 38-801 to 38-807, it shall be considered a “school” within the meaning of the National School Lunch Act (42 U.S.C. § 1751 et seq.), and all funds to which it may thus become entitled as a particip…

It shall be the duty of the Auditor of the District of Columbia to audit at least quarterly the accounts of the Department of Food Services and make reports thereof to the Mayor of the District of Columbia.

The State Education Office of the District of Columbia is authorized: (1) to enter into a contract or contracts from time to time with the United States Department of Agriculture for the distribution to schools and to public and charitable institutions of commodities made availab…

Appropriations are hereby authorized to enable the Board of Education to carry out the contracts and programs authorized by § 38-808.

For the purposes of this chapter, the term: (1) “Healthy Schools Fund” means the fund established by § 38-821.02. (2) “Healthy Schools and Youth Commission” or “Commission” means the body established by § 38-827.01. (3) “Locally grown” means grown in Delaware, the District of Col…

(a) There is established as a nonlapsing fund the Healthy Schools Fund (“Fund”), which shall be used solely as provided in subsection (c) of this section and administered by the Office of the State Superintendent of Education. The Fund shall be funded by annual appropriations, wh…

(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…

(a) All breakfast, lunch, after-school snacks and suppers, and summer meals served to students in public schools, public charter schools, and participating private schools or by organizations participating in the Afterschool Meal Program or the Summer Food Service Program shall m…

(a)(1) Public schools, public charter schools, and participating private schools shall offer free breakfast to all students. (2) If more than 40% of the students at a school qualify for free or reduced-price meals: (A) A public elementary school, public charter elementary school,…

(a) The District of Columbia Public Schools shall establish a central facility in the District to: (1) Prepare, process, grow, and store healthy and nutritious foods for schools and nonprofit organizations; (2) Support nutrition education programs; and (3) Provide job-training pr…

(a) Food service providers shall provide the following information to public schools, public charter schools, and participating private schools: (1) The menu for each breakfast and lunch meal served; (2) The nutritional content of each menu item; (3) The ingredients for each menu…

(a) Except as provided by subsection (b) of this section, all beverages and snack foods provided by or sold in public schools, public charter schools, and participating private schools or provided by organizations participating in the Afterschool Meal Program, whether through ven…

The Healthy Schools and Youth Commission shall review school nutrition and the requirements of this title at least every 3 years and recommend improvements to the Mayor and the Council.

Public schools and public charter schools shall serve locally grown, locally processed, and unprocessed foods from growers engaged in sustainable agriculture practices whenever possible. Preference shall be given to fresh unprocessed agricultural products grown and processed in t…

(a) Before February 15, 2013, the City Administrator shall transmit to the Council and to the Healthy Schools and Youth Commission a comprehensive food services plan that shall include: (1) A plan to reduce the cost of providing food services in the District of Columbia Public Sc…

The Office of the State Superintendent of Education shall, in conjunction with the Department of Health, the Department of Parks and Recreation, the District Department of the Environment, the University of the District of Columbia, community organizations, food service providers…

On or before June 30 of each year, the Office of the State Superintendent of Education shall submit to the Mayor, the Council, and the Healthy Schools and Youth Commission a comprehensive report on the District’s farm-to-school initiatives and recommendations for improvement.

(a) It shall be the goal of the District of Columbia for children to engage in physical activity for 60 minutes each day. (b) Public schools and public charter schools shall promote this goal. (c) Public schools and public charter schools shall seek to maximize physical activity …

(a) Public schools and public charter schools shall provide physical education as follows: (1) For students in Kindergarten through Grade 5: (A) School years 2010-2011 to 2013-2014: an average of at least 30 minutes per week or the same level of physical education as provided in …

(a) On or before February 15, 2013, the Office of the State Superintendent of Education shall transmit to the Council a strategic plan for increasing access to, participation in, and the quality of an interscholastic athletics program in District of Columbia Public Schools and pu…

(a) A student with disabilities shall have suitably adapted physical education incorporated as part of the individualized education program developed for the student. With a written note from a physician, public schools and public charter schools may provide suitably adapted phys…

The Department of Parks and Recreation shall provide equal access and shall charge equal fees to both public schools and public charter schools for the use of its recreation centers, fields, playgrounds, and other facilities.

Beginning in 2011, on or before September 30 of each year, the Office of the State Superintendent of Education shall report to the Mayor, the Council, and the Healthy Schools and Youth Commission annually regarding: (1) Compliance of public schools and public charter schools with…

(a)(1) An environmental programs office is established in the Department of General Services and shall: (A) Contract with vendors to recycle all materials required by District law at all public schools, including food services, by December 31, 2010, and provide technical assistan…

(a) An Environmental Literacy Program is established within the Office of the State Superintendent of Education. The Environmental Literacy Program shall: (1) Coordinate the efforts of the District Department of the Environment, the District of Columbia Public Schools, the Public…

(a) A School Gardens Program is established within the Office of the State Superintendent of Education. The School Gardens Program shall: (1) Coordinate the efforts of community organizations, the Department of Parks and Recreation, the District Department of the Environment, the…

(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 …

(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-ti…

(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 …

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.

(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 …

(a) There is established the Healthy Youth and Schools Commission with the purpose of advising the Mayor and the Council on health, wellness, and nutritional issues concerning youth and schools in the District, including: (1) School meals; (2) Farm-to-school programs; (3) Physica…

(a) The Commission shall be composed of 13 members who are experts in health, wellness, or nutrition; parents; teachers; or students. The Mayor shall appoint 10 members, no more than 5 of whom shall represent District agencies. The Chairman of the Council shall appoint one member…

(a) The Chairperson of the Commission, or his or her designated representative, who shall be a member of the Commission, shall convene all meetings of the Commission. Seven members of the Commission shall constitute a quorum. Voting by proxy shall not be permitted. (b) All meetin…

Subject to appropriations, the Office of the State Superintendent of Education shall provide administrative and technical support to the Commission as necessary.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter.

(a) Subchapter II of this chapter shall apply as of August 1, 2010. (b) Repealed.

For the purposes of this chapter, the term: (1) “Applicable schools” means any public or public charter high school beginning in the 2016-2017 school year and any public or public charter middle school beginning in the 2017-2018 school year. (2) “Athletic program” means all inter…

Each applicable school in the District shall operate its athletic programs in a manner that does not discriminate against students or staff on the basis of sex, gender, or gender identity.

(a) Each applicable school shall report to the LEA annually by July 1 a statement of compliance with Title IX and submit the following information: (1) The total enrollment in the school by gender, race, and ethnicity; (2) The number of students participating in athletics by team…

(a) Each public or public charter high school shall establish a 3-member Gender Equity Review Committee or identify at least 3 senior administrators to establish criteria for ensuring the gender equity in the school’s athletic program, evaluate the athletics program, and manage T…