118 STAT. 785 PUBLIC LAW 108–265—JUNE 30, 2004 ‘‘(B) consider factors that affect need, including local educational agencies with significant minority or low income student populations; and ‘‘(C) establish a process that allows the Secretary to conduct an evaluation of how funds were used. ‘‘(3) REQUIREMENT FOR PARTICIPATION.—To be eligible to receive assistance under this subsection, a local educational agency shall, in consultation with individuals who possess edu cation or experience appropriate for representing the general field of public health, including nutrition and fitness profes sionals, submit to the Secretary an application that shall include— ‘‘(A) a description of the need of the local educational agency for a nutrition and physical activity program, including an assessment of the nutritional environment of the school; ‘‘(B) a description of how the proposed project will improve health and nutrition through education and increased access to physical activity; ‘‘(C) a description of how the proposed project will be aligned with the local wellness policy required under section 204 of the Child Nutrition and WIC Reauthorization Act of 2004; ‘‘(D) a description of how funds under this subsection will be coordinated with other programs under this Act, the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), or other Acts, as appropriate, to improve student health and nutrition; ‘‘(E) a statement of the measurable goals of the local educational agency for nutrition and physical education programs and promotion; ‘‘(F) a description of the procedures the agency will use to assess and publicly report progress toward meeting those goals; and ‘‘(G) a description of how communications to parents and guardians of participating students regarding the activities under this subsection shall be in an understand able and uniform format, and, to the extent maximum practicable, in a language that parents can understand. ‘‘(4) DURATION.—Subject to the availability of funds made available to carry out this subsection, a local educational agency receiving assistance under this subsection shall conduct the project during a period of 3 successive school years beginning with the initial fiscal year for which the local educational agency receives funds. ‘‘(5) AUTHORIZED ACTIVITIES.—An eligible applicant that receives assistance under this subsection— ‘‘(A) shall use funds provided to— ‘‘(i) promote healthy eating through the develop ment and implementation of nutrition education pro grams and curricula based on the Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341); and ‘‘(ii) increase opportunities for physical activity through after school programs, athletics, intramural activities, and recess; and
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