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Section 204 of the Healthy, Hunger-Free Kids Act of 2010

Section 204 of the Healthy, Hunger-Free Kids Act of 2010 focuses on several aspects related to student wellness in schools. 

Local School Wellness Policy Implementation:

  • Each local educational agency (LEA) is required to establish a local school wellness policy for all schools under its jurisdiction.

The wellness policy must include goals for:

  • Nutrition: Promoting healthy eating habits.
  • Nutrition education: Educating students about making nutritious choices.
  • Physical activity: Encouraging active lifestyles.
  • Other school-based activities that enhance student wellness.

Equity in School Lunch Pricing:

  • This section aims to ensure fairness in pricing for school lunches.
  • It addresses disparities in meal costs and strives for equitable access to nutritious meals for all students.

Revenue from Nonprogram Foods Sold in Schools:

  • Schools often sell nonprogram foods (items not part of the official meal program).
  • Section 204 addresses how revenue generated from these sales can be used to support student wellness initiatives.

Section 204 emphasizes the importance of local wellness policies, equitable pricing, and utilizing nonprogram food revenue to promote student health and well-being in schools.

 


 

For further information please visit NYSED Local School Wellness Policy site

  • Given the documented connection between proper nutrition, adequate physical activity and educational success, the Board of Education adopts the following goals and authorizes the following actions to provide district students with a school environment that promotes student health and wellness and reduces childhood obesity.


    For purposes of this policy, “school campus” means all areas of district property accessible to students during the school day; “school day” means the period from the midnight before to 30 minutes after the end of the official school day; and “competitive food” means all food and beverages other than meals reimbursed under federal food programs available for sale to students on the school campus during the school day.


    I. Foods and Beverages Available for Sale to Students on School Campus During the School Day


    The Board recognizes that a nutritious, well-balanced, reasonably- portioned diet is essential for student wellness. To help students possess the knowledge and skills necessary to make nutritious food choices for a lifetime, the district shall ensure that all foods and beverages available in school promote good nutrition, balance, and reasonable portion sizes. The district shall ensure that all foods and beverages available for sale to students on the school campus during the school day meet or exceed the program requirements and nutrition standards found in federal regulations.

    To accomplish this, the Board directs that the district serve healthy and appealing foods and beverages at district schools, following state and federal nutrition guidelines, as well as safe food preparation methods.


    School Meals

    1. Include fruits, vegetables, salads, whole grains, and low fat items at least to the extent required by federal regulations.
    2. Encourage students to try new or unfamiliar items.
    3. Make efforts to ensure that families are aware of need-based programs for free or reduced-price meals and encourage eligible families to apply.
    4. Consider serving produce and food from local farms and suppliers.
    5. Make free drinking water available at locations where meals are served.

    Meal Scheduling

    1. Provide adequate time to eat.
    2. Schedule lunchtime between normal lunch hours (11 a.m. - 1 p.m.)

    Foods and Beverages Sold Individually (a la carte, vending machines, school stores) the district shall:

    1. Ensure that all such items meet the nutrition standards set in federal regulations for competitive foods regarding whole grains, fruits, vegetables, calories, fat, saturated fats, trans fats, sugar, sodium and caffeine.
    2. Permit the sale of fresh, frozen or canned fruits and vegetables, if processed pursuant to federal regulations, as exempt from the nutrition standards.
    3. Work with existing vendors or locate new vendors that will comply with nutrition standards.

    Fund Raising Activities- the district shall:

    1. Encourage that all fundraisers selling food or beverages to students on school campus during the school day meet the nutrition standards set in federal regulations for whole grains, fruits, vegetables, calories, fat, saturated fats, trans fats, sugar, sodium, and caffeine.
    2. Promote non-food items to sell, or activities (physical or otherwise) in which to participate.

    Celebrations- the district shall:

    1. Set guidelines for the frequency and content of classroom and school-wide celebrations where food is served.
    2. Promote the use of food items which meet the standards for competitive foods and beverages and promote non-food activities, and discourage foods and beverages which do not meet those standards, at celebrations.
    3. Model the healthy use of food as a natural part of celebrations.


    II. Physical Activity


    Physical activity is an important factor in staying healthy and being ready to learn. The Board encourages every student to develop the knowledge and skills necessary to perform a variety of physical activities, to regularly participate in physical activity, and to appreciate and enjoy physical activity as an ongoing part of a healthy lifestyle. In addition, staff, families, and community are encouraged to participate in and model physical activity as a valuable part of daily life. The district’s Physical Education program shall adhere to the curricular requirements of the Commissioner of Education and the New York State Learning Standards.


    Physical Education

    1. Students shall engage in physical education for at least the minimum number of hours or days per week under State requirements.
    2. Physical Education classes shall incorporate the appropriate NYS Learning Standards.
    3. Promote, teach and provide opportunities to practice activities that students enjoy and can pursue throughout their lives (e.g., yoga, fitness walking, step aerobics).
    4. The performance of physical activity shall not be used as a form of discipline or punishment.


    Recess

    1. Maintain daily allotment of recess time for elementary school.
    2. Recess shall not used for punishment or reward.
    3. Consider scheduling recess before lunch.
    4. If the district is under severe time or space constraints, consider combining recess and Physical Education, though such activity must comply with the requirements for Physical Education under Commissioner’s Regulations section 135.4.


    Physical Activity in the Classroom

    1. Promote the integration of physical activity in the classroom.
    2. If the district is under severe time or space constraints, consider meeting the state requirements for Physical Education through collaborative and integrative in- classroom activity, under the supervision of a Physical Education teacher.


    Extracurricular Opportunities for Physical Activity

    1. Promote clubs and activities that meet the various physical activity needs, interests, and abilities of all students (e.g., walking, hiking and climbing, snowshoeing).


    III. Nutrition Promotion and Education


    The Board believes that nutrition promotion and education is a key component in introducing and reinforcing healthy behaviors in students. Nutrition promotion and education that teaches the knowledge, skills, and values needed to adopt healthy eating behaviors shall be integrated into the curriculum. Nutrition promotion and education information shall be offered throughout the school campus including, but not limited to, school dining areas and classrooms. Staff members who provide nutrition promotion and education shall be appropriately certified and trained. The district’s broader Health Education program shall incorporate the appropriate New York State Learning Standards.


    The Board’s goals for nutrition promotion and education include that the district will:

    1. Include nutrition education as part of not only health education classes, but also classroom instruction in subjects such as math, science, language arts, social sciences and elective subjects.
    2. Include enjoyable, developmentally appropriate, culturally relevant, participatory activities, such as contests, promotions, taste testing, farm visits, and school gardens.
    3. Promote fruits, vegetables, whole grain products, low fat dairy products, safe and healthy food preparation methods, and health enhancing nutrition practices.
    4. Emphasize caloric balance between food intake and energy expenditure.
    5. Teach media literacy with an emphasis on food marketing.


    IV. Other School-Based Activities


    The district may implement other appropriate programs that help create a school environment that conveys consistent wellness messages and is conducive to healthy eating and physical activity. Such activities may include, but are not limited to, health forums or fairs, health newsletters, parent outreach, employee health and wellness activities, limiting the use of food as a reward, reviewing food marketing and advertising in school, hosting or promoting community-wide events, and offering wellness-related courses in the district’s adult education program.


    Implementation:


    The Board shall designate one person as District Wellness Coordinator to be responsible for ensuring that the provisions of this policy are carried out throughout the district. The Board may also designate one person as the School Wellness Coordinator in each building to ensure that the wellness activities and actions are being implemented at the building-level.

    Monitoring and Review:

    The District Wellness Coordinator shall report annually to the Board and the public on the implementation and effectiveness of this policy. Every school year the District Wellness Coordinator, in consultation with appropriate personnel and advisory committees, shall monitor and review the district’s wellness activities to determine whether this policy is having a positive effect on increasing student wellness and decreasing childhood obesity in the district. Based on those results, this policy, and the specific objectives set to meet its goals, may be revised as needed.


    Parents, students, food service professionals, physical education teachers, school health professionals, school administrators, the general public, and the school board shall participate in the development, implementation and periodic review and update of this wellness policy.

    The district shall inform and update the public (including parents, students and others in the community) about the content and implementation of this wellness policy.


    The district shall monitor and review the implementation and effectiveness of this policy by conducting:

    1. Periodic informal surveys of Building Principals, classroom staff, and school health personnel to assess the progress of wellness activities and their effects.
    2. Periodic checks of the nutritional content of food offered in the cafeterias for meals and a la carte items, and sales or consumption figures for such foods.
    3. Periodic checks of the nutritional content of food available in vending machines, and sales or consumption figures for such foods.
    4. Periodic checks of the amount of time students spend in Physical Education classes, and the nature of those activities.
    5. Periodic checks of extracurricular activities of a physical nature, in the number of offerings and rates of participation by students.
    6. Periodic checks of student mastery of the nutrition education curriculum.
    7. Periodic completion of relevant portions of the CDC School Health Index.
    8. Periodic review of data currently collected by the district, including:
      • a. attendance data, particularly absences due to illness;
      • b. test scores;
      • c. rates of suspension, discipline, and violent incidents;
      • c. physical education scores on flexibility, endurance, and strength (i.e., fitness test results);
      • d. student BMI (Body Mass Index) statistics, as collected in accordance with the State Department of Health efforts; and
      • e. revenues generated from vending machines and a la carte food items.
    9. Periodic surveys of student/parent opinions of cafeteria offerings and wellness efforts.
    10. Periodic review of professional staff development offered which focuses on student wellness.
    11. Use NYSSBA’s Student Wellness Assessment Checklist [every two years] to review the effectiveness of this policy.


    The Babylon UFSD is committed to providing a school environment that enhances learning and development of lifelong wellness practices. (formerly Policy 5421)


    Goals of the Wellness Policy are:

    • That the Child Nutrition Program complies with federal, state and local requirements and is accessible to all children
    • That sequential and interdisciplinary nutrition education is provided and promoted throughout the district
    • That patterns of meaningful physical activity connect to students’ lives outside of physical education
    • That all school-based activities are consistent with the Wellness Policy’s goals
    • That all foods and beverages made available on campus (including vending, a la carte, student stores, parties and fundraising) during the school day will be consistent with the Mathilda Cuomo legislation of 1987
    • That all foods made available on campus adhere to food safety and security guidelines
    • That the school environment is safe, comfortable, pleasing and should allowample time and space for eating meals
    • That food is not to be used as a reward or physical activity as a punishment
    • That the district maintains an active Committee charged with the task of evaluating and maintaining this Wellness Policy and its effectiveness
    • The District Wellness Coordinator is charged with the task of evaluating and maintaining this Wellness Policy and its effectiveness.

     

    Ref: P.L. 111-296 (The Healthy, Hunger-Free Kids Act of 2010)
    P.L. 108-265 (Child Nutrition and WIC Reauthorization Act of 2004)
    42 USC §§1758(f)(1); 1766(a) (Richard B. Russell National School Lunch Act)
    42 USC §1779 (Child Nutrition Act)
    7 CFR §210.10; 210.11 (National School Lunch Program participation 
    requirements – standards for lunches, snacks, and competitive foods)
    7 CFR §220.8 (School Breakfast Program participation requirements – nutrition 
    standards)
    8 NYCRR Part 135 (Health and Physical Education curricular requirements); 
    §114.1 (School Breakfast Program Requirements)
    Appeal of Phillips, 37 EDR 204 (1997) (dec. no. 13,843)
    Appeal of Williams, 32 EDR 621 (1993) (dec. no. 12,934)
    Adoption date: April 3, 2006
    Revised: November 13, 2007
    Revised: July 11, 2012
    Revised: November 14, 2012
    Revised: December 1, 2014

     

  •  

    Prompted by the New York State Education Department mandate that all schools establish a Wellness Policy, and in an ongoing effort to ensure the best health of the students and staff at Babylon Schools, the Babylon District Wellness Committee established the following initiatives:
     

    • Beverages provided for in-school celebrations are requested to be 100% fruit juice or water.
    • Food provided for in-school celebrations is requested to meet the following nutritional guidelines per serving:
    • Sugar – 15 grams or less
    • Fat – 7 grams or less
    • Saturated Fat – 2 grams or less
    • Sodium – 360 milligrams or less
    • (Try to avoid partially hydrogenated oils or high-fructose corn syrup. Look for products that have no added sugar and are high in fiber.)
  • The Babylon Union Free School District is committed to providing a school environment that enhances learning and development of lifelong wellness practices. The goals of the district’s Wellness Policy include:
     

    • That the Child Nutrition Program complies with federal, state, and local requirements and is accessible to all children.
    • That sequential and interdisciplinary nutrition education is provided and promoted throughout the district.
    • That patterns of meaningful physical activity connect to students’ lives outside of physical education.
    • That all school-based activities are consistent with the Wellness Policy’s goals.
    • That all foods and beverages made available on campus (including vending, a la carte, student stores, parties, and fundraising) during the school day will be consistent with the Matilda Cuomo legislation of 1987 (Laws of Education, Title 1, Article 19, § 915). *
    • That all foods made available on campus adhere to food safety and security guidelines.
    • That the school environment is safe, comfortable, pleasing, and should allow ample time and space for eating meals.
    • That food is not used as a reward, physical activity, or punishment.
    • That the district maintains an active Committee charged with the task of evaluating and maintaining this Wellness Policy and its effectiveness.
    • That the Committee will meet a minimum of eight times per year to make recommendations to the Board of Education.
    • * § 915. Prohibiting the sale of certain sweetened foods. From the beginning of the school day until the end of the last scheduled meal period, no sweetened soda water, no chewing gum, no candy including hard candy, jellies, gums, marshmallow candies, fondant, licorice, spun candy, and candy-coated popcorn, and no water ices except those which contain fruit or fruit juices, shall be sold in any public school within the state.
    • Food used for instructional purposes (except for Home & Careers) will be sent home for consumption.
    • Food, beverage, and/or candy cannot be sold as a fundraiser or through an individual or organization on campus during the school day unless it meets the aforementioned nutritional guidelines.
    • Elementary School parents should continue to follow the Elementary School brochure on food allergies. Grade School and High School parents are requested to refer to the Elementary School brochure on food allergies and follow suggested guidelines. Taking advantage of healthier alternatives and prohibiting certain sales is just one step in enhancing nutritional and physical education. The aforementioned initiatives will minimize contributions to children’s health problems, minimize negative financial impacts, maximize children’s learning potential, and protect children against potential food-related illness.

     
    All foods and beverages sold outside the School’s lunch and breakfast program are defined as Competitive Foods. These foods shall follow the new guidelines set forth under the Healthy, Hunger-Free Kids Act, which took effect July 1, 2014. All schools that participate in the National School Lunch and Breakfast Programs must follow the rule; known as “Smart Snacks”.


    Listed below are the new nutritional guidelines for all competitive foods sold during the school day.

    Any food sold in schools must:

    • Be a “whole grain-rich” grain product; or
    • Have as the first ingredient a fruit, a vegetable, a dairy product, or a protein food; or
    • Be a combination food that contains at least ¼ cup of fruit and/or vegetable; or
    • Contain 10% of the Daily Value (DV) of one of the nutrients of public health concern in the 2010 Dietary Guidelines for
    • Americans (calcium, potassium, vitamin D, or dietary fiber).*
    • Foods must also meet several nutrient requirements:
    • Calorie limits:
      • Snack items: ≤ 200 calories
      • Entrée items: ≤ 350 calories
      • Sodium limits:
      • Snack items: ≤ 230 mg**
      • Entrée items: ≤ 480 mg
      • Fat limits:
      • Total fat: ≤35% of calories
      • Saturated fat: < 10% of calories
      • Trans fat: zero grams
    • Sugar limit:
      • ≤ 35% of weight from total sugars in foods


    Nutrition Standards for Beverages:

    All schools may sell:

    • Plain water (with or without carbonation)
    • Unflavored low fat milk
    • Unflavored or flavored fat free milk and milk alternatives permitted by NSLP/SBP
    • 100% fruit or vegetable juice and
    • 100% fruit or vegetable juice diluted with water (with or without carbonation), and no added sweeteners.
    • Elementary schools may sell up to 8-ounce portions, while middle schools and high schools may sell up to 12-ounce portions of milk and juice. There is no portion size limit for plain water.
    • Beyond this, the standards allow additional “no calorie” and “lower calorie” beverage options for high school students.
    • No more than 20-ounce portions of:
      • Calorie-free, flavored water (with or without carbonation); and
      • Other flavored and/or carbonated beverages that are labeled to contain < 5 calories per 8 fluid ounces or ≤ 10 calories per 20 fluid ounces.
    • No more than 12-ounce portions of:
      • Beverages with ≤ 40 calories per 8 fluid ounces, or ≤ 60 calories per 12 fluid ounces.

     
    Other Requirements:

     

    Fundraisers:

    • The sale of food items that meet nutrition requirements at fundraisers are not limited in any way under the standards.
    • The standards do not apply during non-school hours, on weekends and at off-campus fundraising events.

     

    Accompaniments:

    •     Accompaniments such as cream cheese, salad dressing and butter must be included in the nutrient profile as part of the food item sold.
    •     This helps control the amount of calories, fat, sugar and sodium added to foods by accompaniments, which can be significant.  

     

    These guidelines support the intent of the “HHFKA” and the Smart Snack nutrition standards to ensure the development of healthier school environments.