EDUCATION CODE
SECTION 51795-51797
51795.  The Legislature finds and declares all of the following: (a) School gardens provide an interactive, hands-on learningenvironment in which pupils learn composting and waste managementtechniques, fundamental concepts about nutrition and obesityprevention, and the cultural and historical aspects of our foodsupply. School gardens also foster a better understanding andappreciation of where food comes from, how food travels from the farmto the table, and the important role of agriculture in the state,national, and global economy. (b) Encouraging and supporting school gardens createsopportunities for children to learn to make healthier food choices,participate more successfully in their education experiences, anddevelop a deeper appreciation of their community. (c) School garden programs can equally enhance any subject areaincluding science, environmental education, mathematics, reading,writing, art, nutrition, physical education, history, and geography.School gardens provide a unique setting in which improved pupilperformance can be achieved.51796.  (a) The Instructional School Gardens Program is herebyestablished for the promotion, creation, and support of instructionalschool gardens through the allocation of grants, and throughtechnical assistance provided, to school districts, charter schools,or county offices of education. The program shall be administered bythe State Department of Education. (b) The Superintendent shall convene an interagency working groupon instructional school gardens that shall include, but not belimited to, representatives of the State Department of Education, theDepartment of Food and Agriculture, the State Department of PublicHealth, and the California Integrated Waste Management Board. Theworking group shall advise the Superintendent on all of thefollowing: (1) Effective and efficient means of encouraging school districts,charter schools, and county offices of education to develop andmaintain a quality instructional school garden program. (2) The availability of state and nonstate resources and technicalassistance to help school districts, charter schools, and countyoffices of education in establishing and maintaining instructionalschool gardens. (3) Public and private partnerships available to assist schooldistricts, charter schools, and county offices of education in usinginstructional school gardens to complement the academic program ofparticipating schools. (c) The Superintendent may establish an advisory group involvingother agencies and groups with expertise in instructional schoolgardens, including, but not limited to, the California EnvironmentalEducation Interagency Network. The purpose of the advisory group isto support program efforts through technical assistance, resources,in-kind support, site visits, and other related efforts. (d) (1) The Superintendent shall use existing resources to complywith subdivisions (b) and (c). (2) The Department of Food and Agriculture, the State Departmentof Public Health, and the California Integrated Waste ManagementBoard shall use existing resources to comply with subdivision (b).51796.2.  (a) A school district, charter school, or county office ofeducation may apply to the Superintendent for funding for athree-year grant under this article in a manner determined by theSuperintendent, in order to develop and maintain an instructionalschool garden. The application, at a minimum, shall indicate theschool or schools at which the instructional school gardens are, orare to be, located; the grade level or grade levels to be targeted;the potential number of classes within the grade levels and number ofpupils who would use the instructional school gardens; and theintended items of expenditure for any funds received. The applicationalso shall include an explanation of the six-month reportingrequirement specified in Section 51796.5. (b) The Superintendent shall distribute the grants applied forpursuant to subdivision (a) to school districts, charter schools, orcounty offices of education as follows: (1) Each grant shall be not more than two thousand five hundreddollars ($2,500) per schoolsite, except that a district, charterschool, or county office of education that applies on behalf of atleast one schoolsite with an enrollment of 1,000 or more pupils mayreceive a grant of not more than five thousand dollars ($5,000) perschoolsite with an enrollment of 1,000 or more pupils. (2) The receipt of a grant during the period from the 2006-07fiscal year to the 2008-09 fiscal year, inclusive, for instructionalschool garden equipment or supplies by a school district, charterschool, or county office of education shall not be dependent on thereceipt of a grant for instructional school garden professionaldevelopment by the same district, charter school, or county office.51796.5.  As a condition of the receipt of funds pursuant to thisarticle, a school district, charter school, or county office ofeducation, within six months of the final expenditure of fundsreceived, shall report to the Superintendent, in conjunction with theinteragency working group convened pursuant to subdivision (b) ofSection 51796, in a manner prescribed by the Superintendent,regarding the use of funds and the manner in which the instructionalschool garden or gardens are used to complement the academic programof the participating school or schools. A school district or countyoffice of education may submit one report for all of the schools thathave received grants that are under the jurisdiction of the districtor county office.51797.  During its annual discretionary grant funding process, theCalifornia Integrated Waste Management Board shall give preferentialconsideration to providing an appropriate level of funding to theprogram established pursuant to this article.