Title 42, The Public Health and WelfareRelease 119-110

§1758b Local School Wellness Policy

Title 42 › CHAPTER 13 — SCHOOL LUNCH PROGRAMS › § 1758b

Last updated Sep 22, 2026|Official source

Summary

School districts that take part in federal child nutrition programs must create a wellness policy for every school they run. The policy must set goals for healthy eating, physical activity, and other school wellness actions. It must include nutrition rules for all foods available during the school day that follow federal nutrition standards and help lower childhood obesity. Districts must let parents, students, food service staff, PE teachers, health staff, school leaders, and the public help write, review, and update the policy. Districts must share information with the public about the policy and report regularly on how well schools follow it, how the policy compares to model policies, and progress toward the goals. Districts must name one or more officials to make sure schools follow the policy. The federal government must issue rules to guide districts and give technical help. That help, developed with the Department of Education and the Centers for Disease Control and Prevention, should include training, sample policies, best practices, and other tools that fit local needs. If funds are available, the government and CDC must study how well these local policies work, compare them to model policies, and report the results to Congress by January 1, 2014. Congress authorized $3,000,000 for fiscal year 2011 for this work, to remain available until spent.

Full Legal Text

Title 42, §1758b

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general
Each local educational agency participating in a program authorized by this chapter or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall establish a local school wellness policy for all schools under the jurisdiction of the local educational agency.
(b)Guidelines
The Secretary shall promulgate regulations that provide the framework and guidelines for local educational agencies to establish local school wellness policies, including, at a minimum,—
(1)goals for nutrition promotion and education, physical activity, and other school-based activities that promote student wellness;
(2)for all foods available on each school campus under the jurisdiction of the local educational agency during the school day, nutrition guidelines that—
(A)are consistent with section 1758 and 1766 of this title, and section 4 and 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1773, 1779); and
(B)promote student health and reduce childhood obesity;
(3)a requirement that the local educational agency permit parents, students, representatives of the school food authority, teachers of physical education, school health professionals, the school board, school administrators, and the general public to participate in the development, implementation, and periodic review and update of the local school wellness policy;
(4)a requirement that the local educational agency inform and update the public (including parents, students, and others in the community) about the content and implementation of the local school wellness policy; and
(5)a requirement that the local educational agency—
(A)periodically measure and make available to the public an assessment on the implementation of the local school wellness policy, including—
(i)the extent to which schools under the jurisdiction of the local educational agency are in compliance with the local school wellness policy;
(ii)the extent to which the local school wellness policy of the local educational agency compares to model local school wellness policies; and
(iii)a description of the progress made in attaining the goals of the local school wellness policy; and
(B)designate 1 or more local educational agency officials or school officials, as appropriate, to ensure that each school complies with the local school wellness policy.
(c)Local discretion
The local educational agency shall use the guidelines promulgated by the Secretary under subsection (b) to determine specific policies appropriate for the schools under the jurisdiction of the local educational agency.
(d)Technical assistance and best practices
(1)In general
The Secretary, in consultation with the Secretary of Education and the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, shall provide information and technical assistance to local educational agencies, school food authorities, and State educational agencies for use in establishing healthy school environments that are intended to promote student health and wellness.
(2)Content
The Secretary shall provide technical assistance that—
(A)includes resources and training on designing, implementing, promoting, disseminating, and evaluating local school wellness policies and overcoming barriers to the adoption of local school wellness policies;
(B)includes model local school wellness policies and best practices recommended by Federal agencies, State agencies, and nongovernmental organizations;
(C)includes such other technical assistance as is required to promote sound nutrition and establish healthy school nutrition environments; and
(D)is consistent with the specific needs and requirements of local educational agencies.
(3)Study and report
(A)In general
Subject to the availability of appropriations, the Secretary, in conjunction with the Director of the Centers for Disease Control and Prevention, shall prepare a report on the implementation, strength, and effectiveness of the local school wellness policies carried out in accordance with this section.
(B)Study of local school wellness policies
The study described in subparagraph (A) shall include—
(i)an analysis of the strength and weaknesses of local school wellness policies and how the policies compare with model local wellness policies recommended under paragraph (2)(B); and
(ii)an assessment of the impact of the local school wellness policies in addressing the requirements of subsection (b).
(C)Report
Not later than January 1, 2014, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the findings of the study.
(D)Authorization of appropriations
There are authorized to be appropriated to carry out this paragraph $3,000,000 for fiscal year 2011, to remain available until expended.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1771 of this title and Tables.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Effective Date

Section effective Oct. 1, 2010, except as otherwise specifically provided, see section 445 of Pub. L. 111–296, set out as an

Effective Date

of 2010 Amendment note under section 1751 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1758b

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110