Sec. 103. Healthy students grants
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From amounts made available under paragraph (2)(A)(ii) or
(3)of section 102 for a fiscal year, the Secretary shall award grants to States to implement comprehensive programs to promote physical activity, education, and fitness and nutrition and that are based on— scientifically valid research; and an analysis of need that considers, at a minimum, the physical education indicators. For any fiscal year for which the total amount available under (2)(A)(ii) or
(3)of section 102 for grants under this section is $250,000,000 or more, the Secretary shall allot to each State with an approved application an amount that bears the same relationship to such total amount as the amount received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) by such State for such fiscal year bears to the amount received under such part for such fiscal year by all States. For any fiscal year for which the total amount available under paragraph (2)(A)(ii) or
(3)of section 102 for grants under this section is less than $250,000,000, the Secretary shall award such grants to States on a competitive basis. In awarding grants on a competitive basis pursuant to clause (i), the Secretary shall ensure that grant awards are of sufficient size and scope to carry out required and approved activities under this section. To be eligible to receive a grant under this section, a State shall demonstrate that the State has established a statewide physical education requirement that is consistent with widely recognized standards. A State that desires to receive a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall include— documentation of the State’s eligibility to receive a grant under this section, as described in subsection (b); a plan for improving physical activity, education, and fitness and nutrition in schools in the State in a manner consistent with the requirements of the program that may be a part of a broader statewide child and youth plan, if such a plan exists and is consistent with the requirements of this title; a needs analysis of the schools in the State regarding physical activity, education, and fitness and nutrition, which— shall include a description of, and data measuring, the State's performance on the physical education indicators; and may be a part of a broader statewide child and youth needs analysis, if such an analysis exists and is consistent with the requirements of this title; a description of how the programs to promote physical activity, education, and fitness and nutrition that the State proposes to implement with grant funds are responsive to the results of the needs analysis described in subparagraph (C); and a description of how the State will— develop, adapt, improve, or adopt, and implement, the State's physical education indicators measurement system, and how the State will ensure that all local educational agencies and schools in the State participate in such system; ensure the quality of the State's data collection for the physical education indicators, including the State's plan for survey administration and for ensuring the reliability and validity of survey instruments; coordinate the proposed activities with other Federal and State programs, which may include programs to expand learning time and for before- and after-school programming in order to provide sufficient time to carry out the activities described in this title; assist local educational agencies in aligning activities carried out with funds the agencies receive under the grant with other funding sources in order to support a coherent and non-duplicative program; solicit and approve subgrant applications, including how the State will— allocate funds for statewide activities and subgrants for each year of the grant; and consider the results of the needs analysis described in subparagraph
(C)in the State’s distribution of subgrants; address the needs of diverse geographic areas in the State, including rural and urban communities; and assist local educational agencies and schools in their efforts to increase the provision of physical activity and physical education opportunities during the school day and implement programs to promote physical activity, education, and fitness, and nutrition. The Secretary shall establish a peer-review process that includes individuals with applicable expertise in physical activity, education, or fitness or nutrition to review applications submitted under this subsection. A State that receives a grant under this section may receive funding for not more than 5 years in accordance with this subsection. The Secretary shall award grants under this section for an initial period of not more than 3 years. The Secretary may extend a grant awarded to a State under this section for not more than an additional 2 years if the State shows sufficient improvement, as determined by the Secretary, against baseline data for the performance metrics established under subsection (h)(1). A State that receives a grant under this section shall— reserve not more than 10 percent of the grant funds for administration of the program, technical assistance, and the development, adaptation, improvement, or adoption, and implementation of the State’s physical education indicators measurement system, as described in paragraphs
(1)through
(5)of subsection (f); and use the remainder of grant funds after making the reservation under paragraph
(1)to award subgrants, on a competitive basis, to eligible local applicants. A State that receives a grant under this section shall— not later than 1 year after receipt of the grant, develop, adapt, improve, or adopt and implement a physical education indicators measurement system (unless the State can demonstrate, to the satisfaction of the Secretary, that an appropriate system has already been implemented) that annually measures the State’s progress regarding physical activity, education, and fitness and nutrition for every public school in the State; collect information in each year of the grant on physical activity, education, and fitness and nutrition at the school level through comprehensive needs assessments of student, school staff, and family perceptions, experiences, and behaviors; publicly report, at the school level and district level, the data collected in the physical education indicators measurement system each year in a timely and highly accessible manner and in a manner that does not reveal personally identifiable information; use, on a continuous basis, the results of the physical education indicators measurement system to— identify and address student physical activity, education, and fitness needs statewide; help subgrantees identify and address school and student needs; and provide individualized assistance to the lowest-performing schools (consistent with section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)) and schools with significant weaknesses with respect to physical activity, education, and fitness and nutrition as identified through the physical education indicators measurement system with implementation of activities under this title; encourage local educational agencies to— integrate physical activity, education, and fitness into a range of subjects throughout the school day and locations within schools; encourage consultation with a variety of stakeholders, including families, students, school officials, and other organizations with wellness and physical activity, education, and fitness expertise; and regularly monitor schools’ efforts in improving wellness and physical activity, education, and fitness understanding and habits among students; and award subgrants under subsection
(g)to eligible local applicants. A State that receives a grant under this section shall award subgrants, on a competitive basis, to eligible local applicants— based on need, as identified by— data from the State physical education indicators measurement system and, if available, similar local systems; or in the case of a State for which the State physical education indicators measurement system required under subsection (f)(1) is not yet implemented, other data determined appropriate by the State; that are of sufficient size and scope to enable the eligible local applicants to carry out approved activities; and to implement programs to promote physical activity, education, and fitness and nutrition that— are comprehensive in nature; and are based on scientifically valid research. A State that receives a grant under this section shall provide assistance to subgrant applicants and recipients in the selection of scientifically valid programs to promote physical activity, education, and fitness and nutrition. An eligible local applicant may apply for a subgrant under this subsection in partnership with 1 or more community-based organizations. An eligible local applicant that desires to receive a subgrant under this subsection shall submit to the State an application at such time, in such manner, and containing such information as the State may require. In awarding subgrants under this subsection, a State shall give priority to applications that— demonstrate the greatest need according to the results of the State’s needs analysis described in subsection (c)(2)(C); and propose to serve schools with the highest concentrations of poverty, based on the percentage of students receiving or eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). Each eligible local applicant receiving a subgrant under this subsection shall, for the duration of the subgrant— carry out, as part of a program to promote physical activity, education, and fitness and nutrition, activities— the need for which has been identified, at a minimum— through the physical education indicators measurement system; or in the case of a State that has not yet implemented the physical education indicators measurement system as required under subsection (f)(1), the State's needs analysis described in subsection (c)(2)(C); and that are part of a comprehensive strategy or framework to address such need; ensure that each activity selected as part of such program be based on scientifically valid research and be used for the purpose for which such activity was found to be effective; use school-level data from the statewide physical education indicators, and use the statewide physical education indicators measurement system when implemented by the State as required under subsection (f)(1), to inform the implementation and continuous improvement of activities carried out under this title; collect and report to the State educational agency, data for schools served by the eligible local applicant, in a manner determined by the State and consistent with the State’s physical education indicators measurement system, when established; establish policies to expand access to quality physical activity opportunities (including school wellness policies); and if the local educational agency to be served through the grant does not have an active school wellness council consistent with the requirements of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), establish such a school wellness council, which may be part of an existing school council that has the capacity and willingness to address school wellness; engage family members and community-based organizations in the development of physical education indicators surveys, and in the planning, implementation, and review of the eligible local applicant’s efforts under this title; and consider and accommodate the unique needs of students with disabilities and English language learners in implementing activities. The Secretary, acting through the Director of the Institute of Education Sciences, shall establish program performance metrics to measure the effectiveness of the activities carried out under this title. Each State that receives a grant under this title shall prepare and submit to the Secretary an annual report that includes information relevant to the physical education indicators, including progress towards meeting outcomes for the metrics established under paragraph (1).
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- 20 USC 6316
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