The Board of Trustees recognizes the important connection between a healthy diet and a student's ability to learn effectively. The Board also acknowledges that schools play a vital role in childhood nutrition and fitness, and as part of the larger community, schools have a responsibility to promote family health and provide a strong foundation for the future health and well-being of its students. It further recognizes that significant research indicates a positive relationship between adequate nutrition and learning, resulting in academic success.

Nutrition Education

Nutrition education will be covered at each grade level and focused on behavioral change. Nutrition education will be taught in grades K-6. Nutrition education will be a component of comprehensive health education in grades 7 and 8. The Board recognizes that the ultimate goal of health education is to foster and promote health literacy.

Physical Education and Physical Activity

The Board desires to provide a physical education program which builds interest and proficiency in movement skills and encourages students' lifelong fitness through physical activity. Besides promoting high levels of personal achievement and a positive self-image, physical education activities should teach students how to cooperate in the achievement of common goals and be based on physical education content standards.

The Board recognizes the positive benefits of physical activity for student health and academic achievement and encourages each student to take advantage of the various opportunities for physical activity offered by the district.

Physical education will be delivered by a teacher credentialed to teach physical education, students will participate in the state physical fitness test in grades 5 and 7. Individual test results will be mailed home.

Each school shall provide all students the opportunity, support and encouragement to be physically active on a regular basis through physical education and activity.

All students in grades one through six will receive physical education for a minimum of 200 minutes for every 10 school days.

All students in grades seven and eight will receive physical education for a minimum of 400 minutes for every 10 school days.

Physical education staff shall take special care to ensure that excessive physical exertion is not required of students who have informed staff of a heart or respiratory condition or other physical disability that may restrict such activity. An appropriate alternative shall be provided for these students.

Physical education staff shall appropriately limit the amount or type of physical exercise required of students during air pollution episodes, hot weather, or other inclement conditions.

With the consent of the student, the Superintendent may grant temporary exemption from physical education under either of the following conditions:

1. A student is enrolled for one-half time or less.
2. A student is ill or injured and a modified program to meet his/her needs cannot be provided.

Physical activity will not be used or withheld as punishment.

Posting Requirements

Each district school shall post the district's policies and regulations on nutrition and physical activity in public view within all school cafeterias or in other central eating areas.

Maintenance of a Healthy Environment

All school sites will provide an environment where healthful eating behaviors are the norm and are modeled and reinforced. Adequate space in a pleasant surrounding will be provided to eat meals.

The Superintendent will ensure practices are in place to foster mutual respect between service providers, school personnel and students.

School sites shall develop goals and strategies for increasing student participation in the school lunch program.

All elementary school principals will evaluate primary grade schedules and if possible, promote playtime before eating lunch.

Meals

The Superintendent shall ensure meals offered by the district's food service program meet all legal requirements for participation in the National School Lunch Program. To the extent permitted under the National School Lunch Program, students in all grades shall be allowed to decline a certain number of meal items they do not intend to consume. Meal programs must meet or exceed the nutrition recommendation of the United States Dietary Guidelines including:

1. No more than 30 percent of total calories from fat (averaged over a week)
2. No more than 10 percent of total calories from saturated fat (averaged over a week)

All foods during school hours shall be:

1. Selected so as to contribute to student's nutritional well-being and the prevention of disease
2. Prepared in ways that will appeal to students, retain nutritive quality and foster lifelong healthful eating habits
3. Provided to give a variety of healthy choices at all sites including ethnic and cultural favorites

A production system will be developed and implemented to reduce the use of prepackaged foods and increase the use of basic fresh foods that emphasize fruits, vegetables, whole grains and dairy foods which are low in fat, added sugars and sodium.

The use of fresh fruit and vegetables will be encouraged as well as promoting the intake of 5 servings of fruits and vegetables per day.

Annual training will be provided for food service staff in food safety, marketing, preparation and service of health menu items.

Food and Beverage outside the School Meal Program

Any individual food items sold outside the federal reimbursable meal programs shall also meet local, state, and federal requirements. The term "sold" refers to any food or beverages provided to students on school grounds in exchange for money, coupons or vouchers. The term does not refer to food brought from home by students for individual consumption.

All food sold on school campuses during school hours must be from one of more of the following categories:

1. Milk and dairy products, including cheese, yogurt, frozen yogurt and ice cream
2. Full-strength fruit and vegetable juices and fruit drinks containing 50 percent or more full strength fruit juice, and fruit nectars containing 35 percent or more full-strength fruit juice with no added sweeteners. Water with no added sweeteners may also be sold. The middle school may sell electrolyte replacement beverages with no more than 42 grams of added sweeteners per 20 ounce serving
3. Fresh, frozen, canned, and dried fruits and vegetables
4. Nuts, seeds, and nut butters
5. Non-confection grain products including crackers, breadsticks, tortillas, pizza, pretzels, bagels, muffins and popcorn
6. Any food receiving prior approval by the Burlingame School District Food Services Department

Individually sold food items must meet the following criteria:

1. Not more than 35 percent of the total calories of the food item, excluding nuts or seeds is from fat
2. Not more than 10 percent of its total calories shall be from saturated fat and trans fat combined (excluding eggs and cheese)
3. Not more than 35 percent of the total weight of the food item, excluding fruits or vegetables, is composed of sugar

Individually sold portions of nuts, nut butters, seeds, eggs, cheese packaged for individual sale, fruit, vegetables that have not been deep fried and legumes may also be sold. Individually sold dairy items and whole grain food items may be sold provided they meet the 35/10/35 guideline above and do not exceed 175 calories per individual food item for elementary schools and 250 calories at the middle school.

The Food Service Department will provide a list of foods that meet these criteria.

During school hours, home-prepared products will not be allowed to be sold on any campus due to the potential of food-borne illness.

Food in the Classroom

The district will provide to parents information on safe and healthy food that would be acceptable for special events (i.e. classroom parties and celebrations). However, Superintendent approval may be requested for special occasions involving foods that may not meet these nutritional standards.

The district recognizes the important of celebrations and the inclusion of food as part of celebrating special events. However, the district makes a distinction between the occasional celebration and the use of sugary treats as a motivator or reward for classroom instructional activities. The use of food as a motivator or reward is strictly prohibited.

Sanitation and safety procedures shall comply with the requirements of the California Uniform Retail Food Facilities Law as set forth in Health and Safety Code 113700-114455.

33350-33354 CDE responsibilities re: physical education

49430-49436 Pupil Nutrition, Health, and Achievement Act of 2001

49490-49494 School breakfast and lunch programs

49500-49505 School meals

49510-49520 Nutrition

49530-49536 Child Nutrition Act

49540-49546 Child care food program

49547-49548.3 Comprehensive nutrition services

49550-49561 Meals for needy students

49565-49565.8 California Fresh Start pilot program

49570 National School Lunch Act

51210 Course of study, grades 1-6

51220 Course of study, grades 7-12

51222 Physical education

51223 Physical education, elementary schools

51795-51796.5 School instructional gardens

51880-51921 Comprehensive health education

CODE OF REGULATIONS, TITLE 5

15500-15501 Food sales by student organizations

15510 Mandatory meals for needy students

15530-15535 Nutrition education

15550-15565 School lunch and breakfast programs

UNITED STATES CODE, TITLE 42

1751-1769 National School Lunch Program, especially:

1751 Note Local wellness policy

1771-1791 Child Nutrition Act, including:

1773 School Breakfast Program

1779 Rules and regulations, Child Nutrition Act

CODE OF FEDERAL REGULATIONS, TITLE 7

210.1-210.31 National School Lunch Program

220.1-220.21 National School Breakfast Program

COURT DECISIONS

Frazer v. Dixon Unified School District, (1993) 18 Cal.App.4th 781