THE STATE EDUCATION DEPARTMENT

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office for Elementary, Middle, Secondary and Continuing Education
School Operations and Management
Child Nutrition Program Administration
Room 55, Albany, New York 12234-0055
Tel (518) 474-3956 Fax (518) 473-0018
Web address: www.nysed.gov/cn/cnms.htm

TO: School Food Service Directors/Managers February 2005

FROM: Frances N. O'Donnell, Coordinator

SUBJECT: Local Wellness Policies - Required by Child Nutrition Reauthorization

Section 204 of the Child Nutrition and Women, Infants and Children Reauthorization Act of 2004 (PL 108-265) signed into law June 30, 2004 included a provision that requires each local educational agency (LEA) participating in the National School Lunch Program, School Breakfast Program, Special Milk Program and Summer Food Service Program to establish a local wellness policy for schools under the LEA. This policy must be developed and implemented not later than the first day of the school year beginning after June 30, 2006.

1.

What must the wellness policy include?
At a minimum, the wellness policy must:

Include goals for nutrition education, physical activity, and other school-based activities that are designed to promote student wellness in a manner that the LEA determines is appropriate;

Include nutrition guidelines selected by the LEA for all foods available on each school campus under the LEA during the school day with the objectives of promoting student health and reducing childhood obesity;

Provide an assurance that guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture pursuant to subsections (a) and (b) of section 10 of the Child Nutrition Act (42 U.S.C. 1779) and sections 9 (f)(l) and 17(a) of the Richard B. Russell National School Lunch Act [42 U.S.C. 1758(f)(l), 1766(a)], as those regulations and guidance apply to schools;

Establish a plan for measuring implementation of the local wellness policy, including designation of one or more persons within the LEA or at each school, as appropriate, charged with operational responsibility for ensuring that the school meets the local wellness policy; and

Involve parents, students, representatives of the school food authority, the school board, school administrators, and the public in the development of the school wellness policy.

2.
How will this all happen?

We will post an advisory regarding this law on the Department web site to District Superintendents, Superintendents and Principals with a link to this memo.

The United States Department of Agriculture (USDA) intends to send a notification memo to all LEAs by spring of 2005.

Since all LEAs will be required to have developed a local policy by the beginning of school year 2006-07, LEAs should begin now to think about how they will accomplish this task.

A variety of resources have been developed and will continue to be developed to guide LEAs through the process. Model language and prototype policies can be accessed via links following this memo.

Someone from the LEA will need to take the leadership role to ensure that the intent of the law is accomplished within the expected time frame. The person responsible for this task could be: (a) the school food service director since he/she is responsible for administering the child nutrition programs and compliance with the law is within their domain. (b) someone else from the school that may be more comfortable in the facilitator role. This person could be an administrator, health teacher, physical education teacher, school nurse, etc.

Be sure to include representation from all the required partners. Others may be included.

The wellness policy should be simple, reasonably practicable and not overly idealistic. It should represent your community's ideas, and not simply be a carbon copy of your neighboring community's ideas.

Seek expertise and learn from others. Consider partnering with interested organizations and individuals in your community to discuss issues. Partnerships and collaborations can be helpful in communicating the results to interested parties. Organizations such as the American Dietetic Association, the Society for Nutrition Education, American Heart Association, American Cancer Society, American Diabetes Association, School Nutrition Association, Action for Healthy Kids, Pediatric Associations, Cornell Cooperative Extension agents, your local health department and others may be willing to assist you. Local dietitians, physicians, doctors, dentists, nurses, teachers, etc., are stakeholders who may want to join you in developing a policy. Keep in mind that there is no requirement to pay an entity for the development of your policy.

Investigate what your LEA has already accomplished since there already may be committees and policies in place that address these same issues. Some LEAs that already have policies will just need to review them to ensure all required persons were part of the development and that all required areas are included.

3.
Why do schools need to do this?

The intent of this legislation is for local school communities to model, foster and teach children to eat well and be physically active in order to achieve a lifetime of good health. Rather than have standards imposed at the federal and State levels, Congress believed that LEAs should establish policies that include goals for nutrition and physical activity that reflect the unique needs of the student body and community. If LEAs establish and oversee policies, it could transform the way children eat at school. The legislation recognizes the vital role of schools in promoting a healthier lifestyle and preventing overweight and provides them with plenty of flexibility for autonomous local action.

4.
What should we include in our policy?

The intent is to provide plenty of flexibility to schools in setting standards/policies for food served at mealtime, in vending machines, at sports events, other school functions, classroom parties and for food used as rewards, fundraisers, etc.

We recommend you keep it simple. It should not result in an onerous, burdensome document that is resented by all. The final document should represent a shared vision that you evaluate over time to ensure it meets the changing needs of your community.

5.
What resources are available to help schools through the process

The USDA in coordination with the US Department of Education and in consultation with the US Department of Health and Human Services, acting through the Centers for Disease Control and Prevention, shall provide information and technical assistance for use in:
(a) establishing healthy school nutrition environments;

(b) reducing childhood obesity; and

(c) preventing diet-related chronic diseases.

Technical assistance provided by USDA shall:

(a) include relevant and applicable examples of schools and LEAs that have taken steps to offer healthy options for foods sold or served in schools;
(b) include such other technical assistance as is required to carry out the goals of promoting sound nutrition and establishing healthy school nutrition environments that are consistent with this section;
(c) be provided in such a manner as to be consistent with the specific needs and requirements of LEAs; and
(d) be for guidance purposes only and not be construed as binding or as a mandate to schools, LEAs, school food authorities, or State educational agencies.

The last page of this document includes links to a variety of sites where you can obtain nutrition information, model policies, etc., to jump-start your discussions.

6.
Will the State Education Department collect and review the local wellness plans?

At this time, there are no plans to collect and review the local wellness plans.

7.

What will happen if an LEA fails to comply with the law or fails to complete the local policy by the required time frame?
At this time, there are no sanctions for failure to comply and/or failure to complete the local wellness policy within the required time frame. USDA has no authority to enforce the wellness policy provision in the law.
Both the New York State Education Department and the USDA support the provisions of the law because it is in the best interests of our children and can help to provide a healthier school environment where our children spend a good portion of their weekdays.

8.

Will the USDA write regulations regarding local wellness policies?
Currently, there are no plans for USDA to write regulations regarding this provision. The law is explicit.

9.

Where should I go if I have questions or need additional assistance?
Contact Sandra Sheedy, Barbara St.Louis or Thomas Ring at (518) 473-1525 to guide you through the process. Since the local wellness provision is part of Child Nutrition Reauthorization, we are taking the lead in ensuring LEAs are aware of their responsibilities in this area.

What Resources are Available to Guide Wellness Policies*

Action for Healthy Kids

Taking Action for Healthy Kids: A report on the healthy school summit and the action for healthy kids initiative. http://www.actionforhealthykids.org
Criteria for evaluating school based approaches to increasing good nutrition and physical activity: An action for healthy kids report http://www.actionforhealthykids.org/devel/pdf/report_small.pdf

The Learning Connection: The Value of Improving Nutrition and Physical Activity in Our Schools *COMING SOON* http://actionforhealthykids.org/pdf/LC_Color_120204_final.pdf

Coming in March…an interactive wellness policy building tool.

American Dietetic Association

Dietary guidance for healthy children aged 2 to 11 years. http://www.eatright.org/Public/NutritionInformation/92_adap0199.cfm
Nutrition services: an essential component of comprehensive health programs. http://www.eatright.org/Public/NutritionInformation/92_8243.cfm

Healthy Habits for Healthy Kids - A Nutrition and Activity Guide for Parents http://www.wellpoint.com/commitments/healthy_parenting.asp#1

American Dietetic Association Wellness policy info http://www.eatright.org/cps/rde/xchg/ada/hs.xsl/advocacy_2160_ENU_HTML.htm

Center for Disease Control and Prevention

Division of Adolescent and School Health (CDC DASH) including tool for evaluating school health environment, "Healthy School Index." http://www.cdc.gov/HealthyYouth/index.htm
Increasing Physical Activity A Report on Recommendations of the Task Force on Community Preventive Services. http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5018a1.htm
Participation in High School Physical Education --- United States, 1991—2003. http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5336a5.htm
Healthy Youth: An Investment in Our Nation's Future. At A Glance 2004. http://www.cdc.gov/nccdphp/aag/aag_dash.htm

Center for Science in the Public Interest/National Alliance for Nutrition and Physical Activity (NANA)

Success stories of schools and school districts that have made healthy changes and seen revenue success. http://www.cspinet.org/nutritionpolicy/improved_school_foods_without_losing_revenue2.pdf

CSPI's School Foods Tool Kit provides how to's, model materials and policies, and examples of what other states and communities are doing to improve school foods. http://www.cspinet.org/schoolfood/index.html

Schools and School Districts That Have Improved School Foods and Beverages Measured the Revenue Impact http://www.cspinet.org/nutritionpolicy/improved_school_foods_without_losing_revenue2.pdf

Extension

Michigan State: Alternatives to food rewards. http://www.tn.fcs.msue.msu.edu/foodrewards.pdf

National Association of State Boards of Education

Fit, Healthy, and Ready to Learn: A School Health Policy Guide. http://www.nasbe.org/HealthySchools/fithealthy.mgi
State Level School Health Policies. A state by state list of requirements for school health coordinating or advisory councils. http://www.nasbe.org/HealthySchools

National Alliance for Nutrition and Activity

http://www.nanacoalition.org (National Alliance for Nutrition and Activity)

http://www.schoolwellnesspolicies.org (NANA Model Wellness Policy)

School Nutrition Association (Formerly American School Food Service Association)

Keys to excellence school food service evaluation tool. http://www.asfsa.org/keys/

Society for State Directors of Health, Physical Education, and Recreation.

Power point presentation connecting health and academic outcomes in students. http://www.thesociety.org/

States

Getting Started with a Coordinated School Health Program (Tennessee). http://www.tennessee.gov/education/ci/cischhealth/cigettingstarted.htm

Tools for Eating Smart and Moving More in the Real World and Recommended Standards for All Foods Sold in Schools (North Carolina). http://www.eatsmartmovemorenc.com/resources/tools/index.php and http://www.eatsmartmovemorenc.com/SchoolFoodsFINAL.pdf

United States Department of Agriculture

Find out your state's policy on the sale of competitive foods in schools. (Source: U.S. Department of Agriculture) http://www.fns.usda.gov/cnd/Lunch/CompetitiveFoods/state_policies_2002.htm

U.S. Department of Agriculture's (USDA) Report to Congress on Food Sold in Competition with the School Foods Program. http://www.cspinet.org/nutritionpolicy/Foods_Sold_in_Competition_with_USDA_School_Meal_Programs.pdf

School Nutrition Dietary Assessment Study – II, a USDA study of the foods served in the National School Lunch and Breakfast programs. http://www.cspinet.org/nutritionpolicy/SNDAIIfind.pdf

Changing the Scene: Improving the School Nutrition Environment Tool Kit. http://www.fns.usda.gov/tn/Healthy/changing.html

The Power of Choice (developed by FDA) nutrition education kit. http://www.fns.usda.gov/tn/Resources/power_of_choice.html

Making It Happen: School Nutrition Success Stories. http://www.fns.usda.gov/tn/New/index.htm

Other places to go for support, resources, grants, and information

American Cancer Society www.cancer.org and http://www.cancer.org/docroot/PED/content/PED_1_6_School_Health.asp

American Heart Association www.americanheart.org and http://www.americanheart.org/presenter.jhtml?identifier=3007590

American Diabetes Association www.diabetes.org

Food Research Action Center www.frac.org

National Association for Sport and Physical Education http://www.aahperd.org/naspe/template.cfm

National Food Service Management Institute www.nfsmi.org

National Parent Teacher Association www.pta.org
Society for Nutrition Education http://www.sne.org

*This list is not intended to be comprehensive. Many non-profit organizations, associations, states, and government agencies are continuing to develop, release, edit, and re-release new materials on the issues of children, nutrition, and physical activity.

For more information or to suggest additional resources or ideas for wellness policies, please feel free to contact Jessica Donze Black at the American Dietetic Association in the DC office at jdonzeblack@eatright.org or 202-775-8277 ext. 14.

TO:	School Food Service Directors/Managers	February 2005
FROM:	Frances N. O'Donnell, Coordinator
SUBJECT:	Local Wellness Policies - Required by Child Nutrition Reauthorization

1.	What must the wellness policy include? At a minimum, the wellness policy must: Include goals for nutrition education, physical activity, and other school-based activities that are designed to promote student wellness in a manner that the LEA determines is appropriate; Include nutrition guidelines selected by the LEA for all foods available on each school campus under the LEA during the school day with the objectives of promoting student health and reducing childhood obesity; Provide an assurance that guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture pursuant to subsections (a) and (b) of section 10 of the Child Nutrition Act (42 U.S.C. 1779) and sections 9 (f)(l) and 17(a) of the Richard B. Russell National School Lunch Act [42 U.S.C. 1758(f)(l), 1766(a)], as those regulations and guidance apply to schools; Establish a plan for measuring implementation of the local wellness policy, including designation of one or more persons within the LEA or at each school, as appropriate, charged with operational responsibility for ensuring that the school meets the local wellness policy; and Involve parents, students, representatives of the school food authority, the school board, school administrators, and the public in the development of the school wellness policy.
2.	How will this all happen? We will post an advisory regarding this law on the Department web site to District Superintendents, Superintendents and Principals with a link to this memo. The United States Department of Agriculture (USDA) intends to send a notification memo to all LEAs by spring of 2005. Since all LEAs will be required to have developed a local policy by the beginning of school year 2006-07, LEAs should begin now to think about how they will accomplish this task. A variety of resources have been developed and will continue to be developed to guide LEAs through the process. Model language and prototype policies can be accessed via links following this memo. Someone from the LEA will need to take the leadership role to ensure that the intent of the law is accomplished within the expected time frame. The person responsible for this task could be: (a) the school food service director since he/she is responsible for administering the child nutrition programs and compliance with the law is within their domain. (b) someone else from the school that may be more comfortable in the facilitator role. This person could be an administrator, health teacher, physical education teacher, school nurse, etc. Be sure to include representation from all the required partners. Others may be included. The wellness policy should be simple, reasonably practicable and not overly idealistic. It should represent your community's ideas, and not simply be a carbon copy of your neighboring community's ideas. Seek expertise and learn from others. Consider partnering with interested organizations and individuals in your community to discuss issues. Partnerships and collaborations can be helpful in communicating the results to interested parties. Organizations such as the American Dietetic Association, the Society for Nutrition Education, American Heart Association, American Cancer Society, American Diabetes Association, School Nutrition Association, Action for Healthy Kids, Pediatric Associations, Cornell Cooperative Extension agents, your local health department and others may be willing to assist you. Local dietitians, physicians, doctors, dentists, nurses, teachers, etc., are stakeholders who may want to join you in developing a policy. Keep in mind that there is no requirement to pay an entity for the development of your policy. Investigate what your LEA has already accomplished since there already may be committees and policies in place that address these same issues. Some LEAs that already have policies will just need to review them to ensure all required persons were part of the development and that all required areas are included.
3.	Why do schools need to do this? The intent of this legislation is for local school communities to model, foster and teach children to eat well and be physically active in order to achieve a lifetime of good health. Rather than have standards imposed at the federal and State levels, Congress believed that LEAs should establish policies that include goals for nutrition and physical activity that reflect the unique needs of the student body and community. If LEAs establish and oversee policies, it could transform the way children eat at school. The legislation recognizes the vital role of schools in promoting a healthier lifestyle and preventing overweight and provides them with plenty of flexibility for autonomous local action.
4.	What should we include in our policy? The intent is to provide plenty of flexibility to schools in setting standards/policies for food served at mealtime, in vending machines, at sports events, other school functions, classroom parties and for food used as rewards, fundraisers, etc. We recommend you keep it simple. It should not result in an onerous, burdensome document that is resented by all. The final document should represent a shared vision that you evaluate over time to ensure it meets the changing needs of your community.
5.	What resources are available to help schools through the process The USDA in coordination with the US Department of Education and in consultation with the US Department of Health and Human Services, acting through the Centers for Disease Control and Prevention, shall provide information and technical assistance for use in: (a) establishing healthy school nutrition environments; (b) reducing childhood obesity; and (c) preventing diet-related chronic diseases. Technical assistance provided by USDA shall: (a) include relevant and applicable examples of schools and LEAs that have taken steps to offer healthy options for foods sold or served in schools; (b) include such other technical assistance as is required to carry out the goals of promoting sound nutrition and establishing healthy school nutrition environments that are consistent with this section; (c) be provided in such a manner as to be consistent with the specific needs and requirements of LEAs; and (d) be for guidance purposes only and not be construed as binding or as a mandate to schools, LEAs, school food authorities, or State educational agencies. The last page of this document includes links to a variety of sites where you can obtain nutrition information, model policies, etc., to jump-start your discussions.
6.	Will the State Education Department collect and review the local wellness plans? At this time, there are no plans to collect and review the local wellness plans.
7.	What will happen if an LEA fails to comply with the law or fails to complete the local policy by the required time frame? At this time, there are no sanctions for failure to comply and/or failure to complete the local wellness policy within the required time frame. USDA has no authority to enforce the wellness policy provision in the law. Both the New York State Education Department and the USDA support the provisions of the law because it is in the best interests of our children and can help to provide a healthier school environment where our children spend a good portion of their weekdays.
8.	Will the USDA write regulations regarding local wellness policies? Currently, there are no plans for USDA to write regulations regarding this provision. The law is explicit.
9.	Where should I go if I have questions or need additional assistance? Contact Sandra Sheedy, Barbara St.Louis or Thomas Ring at (518) 473-1525 to guide you through the process. Since the local wellness provision is part of Child Nutrition Reauthorization, we are taking the lead in ensuring LEAs are aware of their responsibilities in this area.