Laws: Cases and Codes : U.S. Code : Title 42 : Section 1788


   
U.S. Code as of: 01/19/04
Section 1788. Nutrition education and training

    (a) Congressional findings
      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.
    (b) Statement of purpose
      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.
    (c) "Nutrition education and training program" defined
      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.
    (d) Nutrition education and training; grants; coordination with
      other nutrition activities; coordination with Department of
      Health and Human Services: transfer of funds; State contracts:
      nutrition training grants and pilot projects
      (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 1769b-1(a)(2) of this title, and (C) the
    conduct of nutrition education activities in schools, child care
    institutions, and institutions offering summer food service
    programs under section 1761 of this title, 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 1769b-1 of this title. 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.
    (e) Agreements with State agencies; regulations
      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.
    (f) Use of funds; planning and assessment grants; administrative
      expenses
      (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.

      (2) A State agency may use an amount equal to not more than 15
    percent of the funds made available through a grant under this
    section for expenditures for administrative purposes in connection
    with the program authorized under this section if the State makes
    available at least an equal amount for administrative or program
    purposes in connection with the program.
    (g) Accounts, records, and reports; inspection, audit, and
      preservation
      (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.
    (h) State coordinators for nutrition; duties; budget and need
      assessment
      (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.
    (i) Authorization of appropriations
      (1) In general. - 
        (A) Funding. - There are authorized to be appropriated such
      sums as are necessary to carry out this section for each of
      fiscal years 1997 through 2003.
        (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.



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