BookPolicy Manual Section8000 Operations TitleCHILD NUTRITION STANDARDS Codepo8510.01 StatusActive AdoptedAugust 1, 2007 Last RevisedFebruary 3, 2020



Good nutrition enhances learning and the quality of life. The purpose of this policy is to ensure a school environment that promotes optimal nutrition for students.


Operational Definitions

  1. "Bottled water" is defined as plain natural water containing no additives.

  2. "Beverages" and allowable limits will be determined and defined by USDA Smart Snacks Guidelines, with the exception of caffeine. Caffeine is prohibited from being sold, served, or distributed in West Virginia public schools. 


  3. "Child Nutrition Director" is defined as the person responsible for administering, planning, directing, assessing, implementing, and evaluating child nutrition programs in order to meet the nutritional and educational needs of students, as they relate to the child nutrition program; may also be titled as "Food Service Director" or "School Nutrition Director."

  4. "Competitive foods" are defined as any food item that is sold in competition to the reimbursable school meal.


  5. "Food service area" is defined as any area on school premises where reimbursable meals are served and/or consumed by students.


  6. "School day" for nutritional purposes, is defined by USDA Guidelines as the period from midnight before thirty (30) minutes after the official school day.


  7. "School Campus" is defined as a collection of buildings and grounds that belong to a given academic institution.

Nutrition Standards for School Nutrition Programs

Nutrition standards for federally-funded school and child nutrition programs are determined at the federal level. The WVDE is responsible for technical assistance and compliance monitoring related to program implementation at the local level.


Nutrition Standards for Competitive Foods and Beverages

  1. The Smart Snacks in School nutrition standards apply to any foods sold to students during the school day on the school campus, including foods sold as fundraisers. Foods that do not meet these Federal standards cannot be sold to students on the school campus during the school day. Standards do not apply during non-school hours, on weekends, and at off school campus fundraising events, though local wellness policies may still apply. These standards apply to foods sold outside the National School Lunch Program (NSLP) and the School Breakfast Program (SBP). The only exception is as per WV Code 18-2-6a where a District may permit the sale of healthy beverages and soft drinks in high schools.


  2. Food and beverage contracts must comply with West Virginia State Board of Education policy 8200, Purchasing Policies and Procedures Manual for Local Educational Agencies.


  3. Except for foods served in the school nutrition programs, no food shall be sold, served or distributed to students on elementary school campuses from the time the first child arrives until twenty (20) minutes after all students are served lunch.


  4. Food and beverages may not be sold, served or distributed in competition with the Federal child nutrition programs in school campus food service areas during the meal service periods.


  5. In addition to caffeine, the sale, service, or distribution of any foods or beverages containing non-nutritive/artificial sweeteners is prohibited.


A la Carte Sales


To operate school-based nutrition programs as efficiently as possible, while maximizing federal reimbursement and minimizing the overall cost to the county, all meals must be priced and served as a unit. Only fluid milk and bottled water may be sold as a la carte items or breakfast and lunch at any grade level.


Availability of Drinking Water


Schools participating in the NSLP must make portable water available to children at no charge where meals are served during the meal service. Schools shall make available plain, unflavored water throughout the school day at no charge.


Adequate Time for Meal Consumption


Adequate time is necessary for student meal consumption. Each Student shall be allowed a minimum of ten (10) minutes for breakfast and twenty (20) minutes for lunch after the student received the meal.




Each Superintendent shall designate a School Nutrition Program Director according to the criteria listed below. The school nutrition director must hold an authorization endorsed as school nutrition program director that is approved and issued by the WVDE. The School Nutrition Director is directly responsible for the management of the day-to-day operations of food service for all participating schools under the jurisdiction of the school.


The applicant for initial authorization must provide evidence of satisfying the following:

  1. a minimum of a bachelor's degree with a 2.5 overall GPA and at least six (6) semester hours of course work in nutrition and/or food service management or WVDE approved training as provided by the OCN. The six (6) semester hours or approved training must be completed within ninety (90) days of the start date. The applicant for licensure must also provide evidence of at least eight (8) hours of food safety training obtained no more than five years prior to or within thirty (30) days of start date.


  2. Receive the recommendation of the Superintendent verifying that the applicant is the most qualified candidate for the position.

The Temporary Authorization for School Nutrition Directory shall be valid for three (3) school years.


The applicant for renewal of the Temporary Authorization for School Nutrition Program Director must provide evidence of satisfying the following:

  1. completion of twelve (12) clock hours of job-specific training each year related to Child Nutrition Programs:


  2. must maintain a valid food safety certification while employed in the school meal program.


Wellness Policy


The Board must establish a local wellness policy for all schools participating in the NSLP and/or SBP under the jurisdiction of the Board. The District wellness policy is a Federal requirement that must include methods to promote student wellness, prevent and reduce childhood obesity, and provide assurance that school meals and other foods and beverages sold and otherwise made available on the school campus during the school day are consistent with applicable Federal and State standards. The policy must include specific goals for nutrition promotion and education, physical activity, and other school-based activities that are designed to promote student wellness; standards and nutrition guidelines for all foods and beverages sold to students on the school campus during the school day that are consistent with Federal regulations; standards for all foods and beverages provided, but not sold to students during the school day; policies for food and beverage marketing that allow marketing and advertising of only those foods and beverages that meet Federal nutrition standards; and, a description of the public involvement, public updates, policy leadership, and evaluation plan. Provisions in the final Federal rule regulate that the Board must establish wellness policy leadership to the Superintendent or School Nutrition Director who have the authority and responsibility to ensure each school complies with the policy. The District and each school participating in the NSLP and/or SBP will inform the public about the content and implementation of the local school wellness policy. At a minimum, the Board must permit participation by the general public and the school community (including parents, students, and representatives of the school food authorities, teachers of physical education, school health professionals, the school board and school administrators) in the wellness policy process. The final rule requires State agencies to assess compliance with the wellness policy requirements as part of the general areas of the administrative review every three (3) years. The Board must conduct an assessment of the wellness policy every three (3) years, at a minimum. This assessment will determine compliance with the wellness policy, how the wellness policy compares to model wellness policies, and progress made in attaining the goals of the wellness policy. The USDA does not specify the frequency of updates to the local school wellness policy, as the need to update will vary based upon the content and structure of the Board’s policy.


Special Dietary Considerations and Food Allergies


  1. Special care and consideration must be taken regarding any and all scenarios where students with special dietary needs and food allergies are present.


  2. Only a parent, guardian, or designee for the parent/guardian as provided in writing to the school, may deliver outside foods and beverages to their own student at school. This does not apply to food that is provided for a special event inclusive of all students in the class.


  3. The wellness policy set and maintained at the District is a Federal requirement. Snacks provided to students during the school day will meet standards set by the District in accordance with its wellness policy. If the District chooses to allow outside foods to be made available for the general student population, it will communicate with parents/guardians acceptable foods and beverages that meet nutrition and safety standards for classroom snacks and celebrations. Students with special dietary needs and food allergies must be considered at all times when outside foods are provided in a general setting. Schools should operate with the utmost care and caution when allowing outside foods to be provided to students. The District must use its wellness policy to identify its plan to accommodate students with special dietary needs and food allergies when choosing to allow outside snacks to be provided. School health teams can serve as resources.


  4. Students with disabilities who have chronic conditions, including but not limited to asthma, diabetes, gastrointestinal disorders, cardiac disorders, and known food allergies are eligible for an Individualized Health Care Plan (IHCP) developed by the certified school nurse; a Section 504 Plan; or an Individualized Education Program (IEP) inclusive of a Medical Statement for Special Dietary Needs.


  5. As directed in West Virginia State Board of Education policy 2422.8 2422.7, all schools are required to report any reactions resulting in the administration of epinephrine injections and administration of naloxone in the District. Other food safety concerns including contaminants such as drugs, chemicals, microorganisms and unknown substances, allergic reactions, medication incidents, etc. shall also be reported. The incidents shall be reported to the West Virginia Poison Center by calling 1-800-222-1222 after emergency medical services has transported the student or staff member to acute care. The notification should include the name of the student, the student’s age and gender, date and the approximate time the incident occurred, symptoms observed, who administered the injection, the name of the school the student attends, a contact telephone number, if appropriate the rationale for administering the injection, the response to the epinephrine administration, the dose of epinephrine administered, and any other necessary elements to provide a complete report for the individual situation. The West Virginia Poison Center will provide the expertise during a potential concern, and will work collaboratively with schools and parents/guardians and provide data upon request to the public schools, local boards of education, and annually to the State Superintendent of Schools.


Accountability and Compliance


As required by the Healthy and Hunger-Free Kids Act of 2010, the administrative review process in the NSLP and SBP has been established to utilize a unified accountability system designed to ensure that school food authorities offering school meals comply with program requirements. Additionally, this act requires state agencies to publicly disclose a summary of the administrative review results. These elements are expected to strengthen program integrity through a more robust, effective, and transparent process for monitoring school nutrition programs.


Feed to Achieve – Innovation Breakfast Delivery Strategies


The Board shall establish and operate school nutrition programs under which, at a minimum, a nutritious breakfast and lunch are made available to all students enrolled in the schools of the District in accordance with WVBE standards. All schools are required to collaborate with the OCN to develop strategies and methods to increase the percentage of students participating in the school breakfast and lunch nutrition programs and adopt a delivery system approved by the OCN to ensure that all students are given an opportunity to eat breakfast. These approved systems shall include, but are not limited to: Grab-and-Go Breakfasts, Breakfast in the Classroom, or Breakfast After First Period.


Rewards and Penalties


The District and its schools are prohibited from penalizing students due to unpaid and/or outstanding meal debt. This includes, but is not limited to: denial of meals, prohibition of participating in extra-curricular activities, the denial of participation in graduation, and/or the refusal of transcript requests. Students shall not be denied a meal or served an alternative meal as a result of unpaid meal debt. All communication addressing financial matters shall be directed to parents/guardians. Practices, including but not limited to, putting stickers or wristbands on children to remind parents/guardians to pay unpaid fees are prohibited. Schools are prohibited from identifying or stigmatizing students with meal debt or require them to complete chores or work in exchange for meals.


Food and beverages shall not be offered as a reward and/or used as a means of punishment or disciplinary action for any student during the school day.


Revised 4/21/09


© Neola 2019

LegalWest Virginia State Board of Education policy 4320West Virginia State Board of Education policy 4321.0142 U.S.C. 1751 et seq.42 U.S.C. 1771 et seq.Healthy, Hunger-Free Kids Act (42 U.S.C. 1779, et seq.)

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