Morgan County Schools
Bylaws & Policies
 

8510.01 - CHILD NUTRITION STANDARDS

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

 

A.

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

   
 

B.

Candy is defined as any food that, as served in its finished form, contains, by weight, more than thirty-five percent (35%) sugar (in crystalline form or in solution as syrup, both monosaccharides and disaccharides) and/or other sweetening agents, or any food product commonly referred to as "candy".

   
 

C.

Chewing gum is defined as a preparation of chicle or other plastic substance sweetened and/or flavored for chewing.

   
 

D.

Competitive foods are defined as all foods and beverages sold, served or distributed in competition with meals served under the United States Department of Agriculture's (USDA) Child Nutrition Programs in the food service areas during the meal service periods.

   
 

E.

Elementary school, for purposes of this rule, is defined as a school serving any students in grades pre-kindergarten up to and including grade four.

   
 

F.

Enrollment is defined as "head count".

   
 

G.

Flavored ice bar is defined as a frozen confection consisting of water mixed with flavored syrups and/or powders, sugars and/or other sweetening agents, binders, stabilizers and/or emulsifiers.

   
 

H.

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

   
 

I.

Full-time is defined as a twelve (12) month employment period with exclusive nutrition program responsibilities.

     
 

J.

High school, for the purposes of this rule, is defined as a school with a grade configuration of 9-12, 10-12, or 11-12.

   
 

K.

In-school snacks are defined as nutritious snacks that are not Federally subsidized and provided at cost through the child nutrition program during the school day.

   
 

L.

Meal service period is defined as twenty (20) minutes before the first child is served a meal until twenty (20) minutes after the last child receives a meal.

   
 

M.

Milkshakes are defined as non-fat and/or one percent (1%) low-fat milk milkshake products that provide a minimum of eight (8) ounces fluid milk equivalency that meets the USDA meal pattern requirement or West Virginia's Option B meal pattern requirement.

   
 

N.

Nutritious choices are defined as fruits, vegetables, plain water, 100% fruit or vegetable juices; non-fat and/or one percent (1%) low-fat milk, cheese, yogurt; grain foods containing whole grain as the first listed ingredient; nuts and/or seeds.

   
 

O.

Other goods and beverages are defined as any food or beverage, sold, served or distributed to students including snacks from vending machines, school stores, parties, and school day fund raising activities, except those served as part of the child nutrition program meals and snacks. Other foods do not include those brought to school by individual students for their own consumption.

   
 

P.

Reward is defined as something given in recompense or compensation for service, merit, achievement or some other type of worthy behavior.

   
 

Q.

School day is defined as the period of time between the arrival of the first student at the school building and the end of the last instructional period.

   
 

R.

School premises is defined as school or county board of education property.

Nutrition Standards for School Nutrition Programs

All foods or beverages made available on school premises during the school day must meet the requirements of this policy.

The Board shall select for each school one of two West Virginia Department of Education (WVDE) Lunch Menu Planning Options. The Breakfast Meal Pattern proposes a single implementation option

Based on a food component meal pattern, current Dietary Guidelines for Americans and nutrient analysis standards.

COMPONENT

PRE-K-2

Grades K-3

Grades 5-8

Grades 9-12

     

Fruit/Vegetable**

3/4 cup

1 cup

1 cup

1 1/4 cup

Offer fresh produce whenever possible

At least 1/4 cup fresh 5 times/week

At least 1/4 cup fresh 5 times/week

At least 1/2 cup fresh 5 times/week

At least 1/2 cup fresh 5 times/week

     

Meat/Meat Alternate**

1 1/2 oz

2 oz

2 oz

2 oz

Emphasize lean and lower sodium choices Serve dried beans, dried peas or lentils at least once/week

At least 1/4 cup dried beans, dried peas or lentils/week

At least 1/4 cup dried beans, dried peas or lentils/week

At least 1/2 cup dried beans, dried peas or lentils/week

At least 1/2 cup dried beans, dried peas or lentils/week

     

Bread/Bread Alternate**

1/day

1/day

1/day

1/day

Emphasize whole grain products

At least 5 servings/week must contain at least 33% whole grain or 5 g whole grain per 1 oz

At least 5 servings/week must contain at least 33% whole grain or 5 g whole grain per 1 oz

At least 5 servings/week must contain at least 33% whole grain or 5 g whole grain per 1 oz

At least 5 servings/week must contain at least 33% whole grain or 5 g whole grain per 1 oz

     

Total servings per week

(7/week)

(9/week)

(11/week***)

(11/week***)

     

Milk

8 fl oz

8 fl oz

8 fl oz

8 fl oz

Offer only milk with 1% or less butterfat

   

Water

   

Encourage adequate water consumption

Offer water

Offer water

Offer water

Offer water

*

Require additional foods for pregnant and lactating students as specified in "Lunch Implementation Option A".

**

Snack Option may be chosen

***

When 11 servings of bread/bread alternate are served per week, a total of two of the bread servings, but not more than one per day, may be grain-based desserts.

Breakfast Implementation*

 

COMPONENT

   

Grades Pre-K-12

 

MILK

8 fl oz

Offer lower fat choices

Offer only milk with 1% or less butterfat

FRUIT/VEGETABLE

1/2 cup

Offer daily a fruit, 100% juice or vegetable that is good source of vitamin C

 

MAY CHOOSE ONE SERVING FROM EACH OF THE FOLLOWING COMPONENTS OR TWO SERVINGS FROM ONE

BREAD/BREAD ALTERNATE

 

Offer whole grain varieties daily

1 or 2 servings

Offer law fat, low sugar, high fiber choices

 

Cereals shall contain no more than 35%

 

MEAT/MEAT ALTERNATE

1 serving recommended

Encourage low-fat and low-sodium choices daily

 

* Require additional foods for pregnant and lactating students as specified in "Lunch Implementation Option A".

Nutrition Standards for Other Foods Consumed at School

 

A.

All other foods and beverages made available on school premises during the school day must meet the requirements set forth in this policy. In order to promote healthy eating habits, the consumption of fruits, vegetables, whole grains and non-fat and/or one percent  (1%) low-fat dairy products should be encouraged.

   
 

B.

Other foods and beverages available, to students on school premises shall contribute to students' nutrient requirements and should not add unnecessary calories, fat, sugar or sodium.

   
 

The Board will not permit the sale of soft drinks in county high schools.

   
 

The West Virginia Board of Education strongly recommends that only water, 100% fruit and/or vegetable juice and non-fat and/or one percent (1%) low-fat milk, flavored or unflavored be sold, served or distributed during the school day. It is required that all other foods and beverages available during the school day reflect the following requirements:

   
 

1.

Limit total calories to no more than 200 per product/package.

   
 

2.

Limit total fat to no more than thirty-five percent (35%) of calories per product/package excluding nuts, seeds or cheese.

   
 

3.

Limit saturated fat to less than ten percent (10%) of the total calories.

   
 

4.

Limit trans fat to less than or equal to 0.5 grams per product/package.

   
 

5.

Reduce sugar content of food items to no more than thirty-five percent (35%) of calories per product excluding fruits.

   
 

6.

Limit sodium to no more than 200 milligrams per product/package.

   
 

7.

At all grade levels, it is recommended that only water, 100% fruit and/or vegetable juice and non-fat and/or one percent (1%) low-fat milk, flavored or unflavored be sold, served or distributed during the school day. However, W.Va. 18-2-6a permits the sale of other juice beverages with a minimum of twenty percent (20%) real juice.

   
 

8.

No candy, soft drinks, chewing gum or flavored ice bars will be sold, served or distributed during the school day, except that, W.Va. 18-2-6a permits the sale of soft drinks to students in county high schools except during breakfast and lunch periods.

   
 

9.

The WVBE strongly recommends that other juice beverages not contain added sugar.

   
 

10.

Limit fruit/vegetable juice portion sizes to no more than four (4) ounces for elementary students and no more than eight (8) ounces for middle/high school students per product/package.

   
 

11.

Prohibit the sale, service or distribution of coffee and coffee-based products during the school day.

   
 

12.

Prohibit caffeine containing beverages with the exception of those containing trace amounts of naturally occurring caffeine substances.

   
 

13.

Prohibit the sale, service or distribution of any foods containing non-nutritive/artificial sweeteners.

     
 

C.

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

   
 

D.

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

   
 

E.

Food and beverages may not be sold, served or distributed in competition with the Federal child nutrition programs in the food service areas during the meal service periods. No candy, soft drinks, chewing gum, or flavored ice bars will be sold or served during the school day, except that, county boards of education may permit the sale of soft drinks in county high schools except during breakfast and lunch periods. The sale of such soft drinks shall be in compliance with the rules of the National School Lunch Program and the School Breakfast Program of the State Board and the nutrition service of the Unites States Department of Agriculture. Seventy-five percent (75%) of the profits from the sale of soft drinks shall be allocated by majority vote of the faculty senate of each school and twenty-five (25%) of the profits from the sale of soft drinks shall be allocated to the purchases of necessary supplies by the principal of the school.

   
 

F.

Other foods and beverages may not be sold, served or distributed in such a way as to encourage the distribution or purchase of these items as a ready substitute for, or in addition to, reimbursable meals.

   
 

G.

Wherever and whenever foods are sold, served or distributed on school premises, outside the school day, such foods shall include nutritious choices. Any juice or juice product sold or served must contain a minimum of twenty percent (20%) real juice.

   
 

H.

Food and beverage contracts must comply with WVBE Policy 8200, Purchasing Policies and Procedures Manual for Local Educational Agencies. All contracts shall be approved and signed by the Board or the County Superintendent, if approval authority has been delegated by the Board to the Superintendent. County boards of education are statutorily created and given authority to contract. Individual schools do not have such authority. All food beverage contracts or agreements regarding public schools and vendors shall meet all purchasing standards as set forth in policy and code and shall be competitively negotiated. Contracts that extend beyond a fiscal year shall contain a clause allowing the Board to terminate the contract at the end of each year. Contracts shall facilitate the WVBE efforts to offer and promote nutritious food and beverage choices.

   
 

I.

Due to special dietary needs and food safety concerns, foods and beverages brought or delivered from outside sources may be consumed only by individual students for which they were brought or delivered, and not by the general student population. Organized food events and celebrations held during the school day shall be regulated and monitored by school personnel to meet the requirements of this policy.

Marketing Other Foods and Beverages During the School Day

On school premises, from the arrival of the first child at school until the departure of the last regularly scheduled school bus, all fund raising activities involving foods and beverages shall comply with the standards set forth in this policy.

The Board should minimize marketing other foods and beverages in the high school setting by locating their distribution in low student traffic areas and by ensuring that the exterior of vending machines does not depict commercial logos of products or suggest that the consumption of vended items conveys a health or social benefit.

A la Carte Sales

All meals must be priced and served as a unit. Only fluid milk, non-fat and/or one percent (1%) low-fat milkshakes and bottled water may be sold as a la carte items for breakfast and lunch at any grade level.

Availability of Drinking Water

In addition to milk, safe drinking water shall be offered with meals for student consumption in all child nutrition programs. Cups must be available with any water dispenser for easy student access. Schools shall make available plain, unflavored water throughout the school day at no charge.

Adequate Time for Meal Consumption

Adequate time shall be allowed for student meal consumption. Minimum time allowance (eating time for each student after being served the meal) for student consumption of meals shall be ten (10) minutes for breakfast and twenty (20) minutes for lunch.

Activities may not be scheduled during meal service times to distract or limit student participation in the nutrition programs. Recess before lunch is strongly encouraged in elementary schools.

If a school offers an education schedule that utilizes the meal service period for academic purposes, the child nutrition program must provide an adequate reimbursable meal to students.

Snack Options for Meals

Schools may choose to allow adequate time for consumption of food by extending the meal period or by providing a snack under the following stipulations: (Note WVDE approval is required to provide the fruit/vegetable snack option for lunch.)

 

A.

The snack is offered as a separate credible meal pattern menu item at breakfast or lunch for consumption later.

   
 

B.

The snack item may be a single serving of bread/bread alternate, fruit, or vegetable.

   
 

C.

If the snack option is chosen, school administrators and teachers should support this effort by providing students with the time and opportunity to eat these snacks during the day.

     
 

D.

Timing of the snack should be determined by individual school choosing this option.

   
 

E.

The price of the meals may not be increased solely as a result of choosing this option. (Note: No Federal reimbursements exists for this snack option.)

   
 

F.

Schools choosing this snack option may elect to sell the same snack foods at cost to students who do not purchase a school mea.

A nutritious snack may be provided to students through the child nutrition program during the school day. Food items planned should be age appropriate to prevent choking and adjusted to meet the nutritional needs of the child based on age. It is recommended that snack choices include fruits/vegetables, whole grains and non-fat and/or one percent (1%) low-fat dairy. The County child nutrition director shall work collaboratively with school personnel to approve an in-school snack program that provides nutritious snacks at cost to children during the school day.

Staffing

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

 

A.

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; and

   
 

B.

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

The authorization shall be valid for one (1) school year and shall expire on June 30th.

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

 

A.

completion of fifteen (15) clock hours of in-service credit related to Child Nutrition Programs and offered or approved by the West Virginia Department of Education; and

   
 

B.

recommendation of the Superintendent in which the applicant is or was employed.

One (1) authorized School Nutrition Program Director shall be appointed for each county. Upon WVDE approval, a full-time School Nutrition Program Director may be employed with multi-county oversight responsibilities not to exceed two (2) counties.

The employment of a full-time School Nutrition Program Director at the county level is strongly recommended. Suggested staffing shall be based on the following:

 

A.

one full-time authorized School Nutrition Program Director

   
 

B.

one assistant School Nutrition Program Director for a county where the enrollment exceeds 7,000 students

   
 

C.

two (2) secretaries for food service operations at the county level where enrollment exceeds 7,000 students

It is strongly recommended that county Child Nutrition Program staff avail themselves to professional dietetic services to assist in planning and implementing Child Nutrition Program requirements.

Wellness Policy

The Child Nutrition and WIC Reauthorization Act of 2004, Section 204 of Public Law 108-265, requires that all local education agencies participating in the National School Lunch Program develop a local wellness policy. The local wellness policy provides an opportunity for schools to create an environment that promotes wellness. Sponsors must at a minimum complete an assessment of each school to identify areas of improvement. Policy provisions must exceed current State and Federal minimum requirements to demonstrate improvement.

Development of the policy shall involve a broad spectrum of the school and community members including health care providers, food service personnel, teachers, students, parents, board members and educational administrators.

The policy must address each of the following areas:

 

A.

Nutrition education.

   
 

B.

Physical activity.

   
 

C.

Nutrition guidelines for all foods and beverages available on school campus.

   
 

D.

Other school-based activities to promote student wellness.

   
 

E.

The policy must include an evaluation plan for measuring the implementation of the policy and progress that is being made.

   
 

F.

A timeline must be established for implementation, assessment and evaluation of the policy. A County-wide assessment must be conducted biannually to determine progress in targeted areas and to identify areas needing improvement.

The Local Wellness Policy must be County Board approved.

The County-wide policy must govern all schools and must be submitted to the WVDE's Office of Child Nutrition biannually. Additionally, the policy must include current revisions and evidence of yearly progress.

Failure to submit the local wellness policy to the WVDE's, Office of Child Nutrition as required may result in a non-compliance violation and suspension of Federal medal reimbursements pending compliance with local wellness policy requirements.

Accountability and Compliance

The Board of local school administrators shall provide a safe and healthy learning environment for all students for students and proper accountability for all funds received from food and beverage sales. Methods for monitoring compliance may include, but are not limited to: Coordinated Review Effort (CRE), School Meals Initiative Review (SMI), Independent Audits, annual site monitoring by food service directors, and reviews conducted by the WVDE.

Compliance with the standards set forth in this policy is required to enable schools to provide students with nutritious food and beverage choice that will enhance learning and promote healthy behaviors that can be maintained throughout life. School child nutrition programs shall be the main source of foods and beverages available at school. These programs have specific requirements to ensure that adequate nutrients are offered to promote health.

Noncompliance with the rules and standards stipulated in the section, Nutrition Standards for School Nutrition Programs, of this policy may result in sanctions that include suspension or recovery of Federal reimbursements.

Noncompliance with the rules and standards stipulated in the section, Nutrition Standards for Other Foods Consumed at School, of this policy may result in sanctions that include a recovery of local general funds and/or removal of vending privileges.

Noncompliance with the rules and standards stipulated in the section, Staffing, of this policy may result in sponsor disqualification for Child Nutrition Program's State Revenue Matching distribution pending compliance. Failure to complete the annually required fifteen (15) clock hours of staff development related to Child Nutrition Programs and offered or granted prior approval by the WVDE shall result in a rollover of deficient hours into the next school year(s).

Noncompliance with the rules and standards stipulated in the section, Wellness Policy, of this policy may result in the institution of a probationary period requiring an approved corrective action plan.

W.Va. 18 5-37
W.Va. State Board of Education Policy 4320 and Policy 4320.01
42 U.S.C. 1751 et seq.
42 U.S.C. 1771 et seq.