State Role in Implementing Local Wellness Policies

Per Section 204 of the Child Nutrition and Women, Infants, and Children Reauthorization Act [PL 108-265], all local education agencies (LEAs) participating in programs authorized by the National School Lunch Program or Child Nutrition Act were to have established local wellness policies by the start of the 2006-2007 school year. A glaring omission from Section 204 is any Federal enforcement mechanism; thus, it is entirely up to the states and LEAs to implement and enforce local wellness policies. With so much leeway being tacitly granted by the federal government, states that have addressed the issue at all have taken different approaches to ensuring compliance with the law.

The author has identified and analyzed the various approaches states are taking to meet Section 204 requirements. The main vehicle for research was NASBE's School Health Policy Database: an extensive collection of state school health-related policies covering 38 major topics. The author also conducted his own research via the web and correspondence with various state departments of education concerning state actions and policies. By weighing the strength of those approaches with reference to best policy practices recommended by CDC's Division of Adolescent and School Health, exemplary state policies and practices have been identified. These include policy and program guidance materials; mechanisms for collecting and monitoring local policies; mechanisms for assuring implementation of policies; and mechanisms to assure local accountability for results.