There is established as a nonlapsing fund the Healthy Schools Fund (“Fund”), which shall be used solely as provided in subsection (c) of this section and administered by the Office of the State Superintendent of Education. The Fund shall be funded by annual appropriations, which shall be deposited into the Fund. All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress. The funds in the Fund shall be used as follows: To provide additional funding for healthy school meals, the Office of the State Superintendent of Education shall reimburse public schools, public charter schools, participating private schools, and organizations participating in the Summer Food Service Program as follows: Ten cents for each breakfast meal served that meets the requirements of §§ 38-822.02 and 38-822.03 ; and Ten cents for each lunch meal served that meets the requirements of §§ 38-822.02 and 38-822.03 . Repealed. To eliminate the reduced-price copayment under § 38-822.03(b)(1) , the Office of the State Superintendent of Education shall reimburse public schools, public charter schools, and participating private schools 40 cents for each lunch meal that meets the requirements of §§ 38-822.02 and 38-822.03 and is served to students who qualify for reduced-price meals. To provide resources to implement the breakfast-in-the-classroom program under § 38-822.03(a)(2) , the Office of the State Superintendent of Education shall provide a one- time subsidy of $7 per student to new public schools, new public charter schools, and new private schools that have not previously received the funds and that participate in the National School Lunch Program, in which more than 40% of students qualify for free or reduced-price meals. To encourage local foods to be served in schools, the Office of the State Superintendent of Education shall provide an additional 5 cents per day reimbursement to public schools, public charter schools, and participating private schools when at least one component of a reimbursable breakfast or lunch meal is comprised entirely of locally grown and unprocessed foods; provided, that the schools report the name and address of the farms where the locally grown foods were grown to the Office of the State Superintendent of Education. For the purposes of this paragraph, the term “locally grown and unprocessed foods” shall not include milk. To increase physical activity in schools, the Office of the State Superintendent of Education shall make grants available, subject to the availability of funds in the Fund, through a competitive process to public schools and public charter schools; provided, that schools shall meet the requirements of § 38-824.02 and seek to increase the amount of physical activity in which their students engage. To support school gardens, the Office of the State Superintendent of Education shall make grants available, subject to the availability of funds in the Fund, through a competitive process to public schools, public charter schools, and other organizations. To support the development and implementation of an Environmental Literacy Program established in § 38-825.02 . The Office of the State Superintendent of Education may, by rule, increase the amounts, as set forth in subsection (c) of this section, to further improve the quality and nutrition of school meals. The Office of the State Superintendent of Education may withhold local funds provided by subsection (c) of this section from public schools and public charter schools that do not meet any or all of the requirements of §§ 38-822.02 , 38-822.03 , 38-822.05 , and 38-822.06 . Beginning on October 1, 2011, an amount of $4,266,000 from the revenues derived from the collection of the tax imposed upon all vendors by § 47-2002 shall be deposited annually into the Fund. All excess monies remaining in the Fund at the end of a fiscal year shall be administered by the Office of the State Superintendent of Education for the purposes set forth in subsection (c)(6), (7), and (8) of this section, and to further improve health, wellness, and nutrition in schools.
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