NSBA's Letter to the Senate Committee on Agriculture, Nutrition and Forestry

April 6, 2010

Member
Committee on Agriculture, Nutrition and Forestry
United States Senate
Washington, DC 20510

Re:  Healthy, Hunger-Free Kids (HHFK) Act

Dear Senator:

The National School Boards Association (NSBA) represents the nation’s nearly 15,000 local school districts and over 95,000 local school board members by working with and through our state school boards associations. As such, we are deeply committed to fostering a healthy and positive learning environment for children to achieve their full potential. Our commitment to healthy child nutrition is embedded in the organization through our School Health programs and guided by Resolutions determined by a national 150-member Delegate Assembly, members of which are selected by their states to collectively establish policy representing perspectives of local school boards. Further, NSBA is a partnering organization for the Let’s Move program for child obesity prevention and is actively engaging local school board members in this national initiative.

NSBA supports the overall goals of the Healthy, Hunger-Free Kids (HHFK) Act, to end childhood hunger and address the epidemic of childhood obesity. However, we are deeply concerned about several provisions in the bill passed by the Committee. Many of NSBA’s concerns stem from new requirements and mandates that are unsupported by additional or adequate federal investment. The inevitable results of unfunded mandates are either widespread school failure to comply with the reauthorization and/or re-direction of resources at the school district level that will impact all aspects of school operations, including instruction. Neither of these outcomes is desirable or attains the goals of the legislation.

Therefore, NSBA emphatically urges Congress to recognize local school district authority and the variance among local circumstances in laws or policy addressing childhood nutrition. This is especially critical as school districts contend with unprecedented financial pressure and implement deep budget cuts and staff layoffs. Specific provisions include:

National standards for all foods sold in schools throughout the school day. The bill authorizes the Secretary of Agriculture to establish national standards for all foods sold in school throughout the school day outside the federally subsidized school lunch and breakfast programs. NSBA opposes this measure as unwarranted federal regulation of local policy and an intrusion on the fiduciary responsibility of local school boards. School boards must balance numerous instructional and other priorities based on local circumstances and available resources. Standards for food sales outside the federal school meal programs dismisses the progress made by the voluntary efforts of school districts and states and overlooks the reliance school districts may have on the revenue generated.

National standards for school meals. NSBA is not opposed to updating standards for school meals to better reflect our knowledge of child health and nutrition. However, we question whether the proposed six-cent increase in reimbursement for school lunches that comply with the standards is adequate to cover increased costs, and note that there is no comparable increase recommended for the school breakfast program. Further, while local education agencies (LEAs) may elect not to comply with the standards and forgo the additional reimbursement, NSBA urges confirmation that such LEAs will not be subject to fines and penalties from the Secretary or states under criteria established by the Secretary in section 303 of the bill.

Local School Wellness Polices (LSWP). The HHFK substantially increases mandates on schools with regard to LSWPs, exacerbating an unfunded mandate and setting schools up for failure. Additional requirements for implementation and reporting fail to acknowledge the financial and other barriers faced by schools.

Information for the Public on the School Nutrition Environment. NSBA has similar concerns regarding a new and unfunded mandate for reporting on school safety inspections, local wellness policies, meal program participation, the nutritional quality of program meals and other information as determined by the Secretary.

Training and Certification for School Food Service Personnel. Requirements in the HHFK for training and certification of school food service directors and all school food service personnel could constitute a substantial unfunded mandate for schools. Further, the Secretary’s extensive role in determining the content of training overlooks local authority and responsibility for such matters. School boards, administrators and employees should work cooperatively at the local level to improve performance and service.

There are additional provisions of concern to NSBA, and overall, NSBA is concerned that a valuable opportunity was missed to incorporate local governance perspectives in the preparation of the Healthy, Hunger-Free Kids Act. School districts are vital to improving child health and nutrition on the front end directly with students, and the engagement of local school boards will enhance the balance and commitment needed to assure success of the reauthorization.

NSBA would like to support other features of the bill but is opposed to the bill in its current form. NSBA therefore urges Congress to work with us on the provisions outlined above. Questions regarding our concerns may be directed to Lucy Gettman, director of federal programs at 703-838-6763; or by e-mail at lgettman@nsba.org.

Sincerely,

Michael A. Resnick
Associate Director