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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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