DC Code § 38-825.03 (2021)
2021 District of Columbia Code|Title 38 - Educational Institutions|Chapter 8A - Healthy Schools|Subchapter V - Environment|§ 38-825.03. School Gardens Program

(a) A School Gardens Program is established within the Office of the State Superintendent of Education. The School Gardens Program shall: (1) Coordinate the efforts of community organizations, the Department of Parks and Recreation, the District Department of the Environment, the District of Columbia Public Schools, the Department of General Services, the Public Charter School Board, and the University System of the District of Columbia to establish gardens as integral components of public schools and public charter schools; (2) Complement the Food Production and Urban Gardens Program, established by § 48-402; (3) Establish and convene a Garden Advisory Committee, composed of community organizations, District government agencies, and other interested persons; (4) Collect data on the location and types of gardens in public schools and public charter schools; (5) Provide technical assistance to public schools and public charter schools; (6) Coordinate curricula for school gardens and related projects; (7) Provide training, support, and assistance to gardens in public schools and public charter schools; and (8) Assist public schools and public charter schools in receiving certification as U.S. Department of Education Green Ribbon Schools. (b) On or before September 30, 2020, and biennially thereafter, the School Gardens Program shall issue a report to the Mayor, the Council, and the Healthy Youth and Schools Commission about the state of school gardens in the District of Columbia, plans for expanding them, and recommendations for improving the program. (c) The University of the District of Columbia shall assist the School Gardens Program by providing technical expertise, curricula, and soil testing for school gardens. (d) As permitted by federal law, when tests show that the soil is safe and when produce is handled safely, produce grown in school gardens may be identified and served to students at the school, including in the cafeteria. Produce grown in school gardens may be sold and the proceeds from such sales shall be expended for the benefit of the school garden program at the school where the produce is grown. (e) School gardens shall include a demonstration compost pile when feasible.  (July 27, 2010, D.C. Law 18-209, § 503, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(k), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(k), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(v), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)  Section References This section is referenced in § 38-826.02. Effect of Amendments D.C. Law 19-37, in subsec. (a), deleted “and” from the end of par. (6), substituted “; and” for a period the end of par. (7), and added par. (8); and, in subsec. (b), substituted “June 30, 2012” for “June 30, 2011”. The 2012 amendment by D.C. Law 19-168 substituted “Department of General Services” for “Office of Public Education Facilities Modernization” in (a)(1). Applicability  Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has been implemented.  Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(v) of D.C. Law 22-240 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).  For temporary (90 day) amendment of section, see § 2(k) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814). For temporary (90 day) amendment of section, see § 4062(k) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) amendment of section, see § 4062(k) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). Editor's Notes Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.