New York City Council Header
File #: Res 2300-2009    Version: * Name: Dept of Education to amend Chancellor’s Regulation A-812, in order to repeal the City’s ban on the sale of baked goods, cookies, and other “non-health” food items from schools, school yards, or school fundraisers.
Type: Resolution Status: Filed
Committee: Committee on Education
On agenda: 12/21/2009
Enactment date: Law number:
Title: Resolution calling upon the New York City Department of Education to amend Chancellor’s Regulation A-812, in order to repeal the City’s ban on the sale of baked goods, cookies, and other “non-health” food items from schools, school yards, or school fundraisers.
Sponsors: Gale A. Brewer
Council Member Sponsors: 1
Res. No. 2300
 
 
Resolution calling upon the New York City Department of Education to amend Chancellor's Regulation A-812, in order to repeal the City's ban on the sale of baked goods, cookies, and other “non-health” food items from schools, school yards, or school fundraisers.
 
 
By Council Member Brewer, Barron, Fidler, Gentile, Jackson, James and Liu
 
Whereas, A Department of Education (DOE) regulation, Chancellor's Regulation A-812, approved in June 2009 states that only food and beverages approved by the Office of School Food and purchased through central contracts may be offered for sale to students through vending machines, school stores, student fundraising, and/or other school fundraising activities during prescribed times from the beginning of the school day until 6 PM; and
Whereas, The regulation further states that the rule respecting the sale of non-approved food items may only be lifted to permit Parent Associations and Parent-Teacher Associations (PA/PTA) to raise funds using food sales once per month, as long as their sale of any non-approved food items does not occur between the beginning of the school day and the last lunch period; and
Whereas, The New York Times noted in an October 3, 2009 article that bake sales have consistently been lucrative fundraising tools for school clubs and teams, and serve to help finance many extracurricular functions and charitable contributions as well; and
Whereas, The Village Voice commented on October 27, 2009 that the Beacon School in Manhattan and several other schools, use the profits from bake sales to fund scholarships for selected or needy students each year; and
Whereas, Gotham Schools, an online periodical that chronicles the New York City public school system, reported on November 13, 2009 that students from high schools citywide staged a protest of the DOE regulation at City Hall in early November, arguing that enforcing the ban detracts attention from much more disparaging problems in the city's schools; and,
Whereas, Public schools in New York City have already had to absorb budget cuts of approximately 4% in FY10, forcing the elimination of some staff positions and many extracurricular programs; and
      Whereas, Both the Mayor and Governor are projecting additional education cuts due to the ongoing fiscal crisis; and
      Whereas, Student extracurricular activities are often among the first programs to be cut in response to school budget reductions, thereby contributing to the need for students to raise funds to support such activities; and
Whereas, A diabetes researcher at the Albert Einstein College of Medicine stated in an article in the Village Voice on October 27, 2009 that increased physical education programs would contribute much more to the health and well-being of students than the bake sale ban, and that the ban will be ineffective in solving the issues of childhood obesity; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York City Department of Education to amend Chancellor's Regulation A-812, in order to repeal the City's ban on the sale of baked goods, cookies, and other “non-health” food items from schools, school yards, or school fundraisers.
 
JA/AC
LS 7972
12/14/09, 5:30pm
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