West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-11 - Special Dietary Considerations and Food Allergies

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Special care and consideration must be
				taken regarding any and all scenarios where students with special dietary needs
				and food allergies are present.
11.2. Only a parent, guardian, or designee 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.
11.3. Local wellness policies that are set
				and maintained at the LEA are a federal requirement. Snacks provided to
				students during the school day will meet standards set by the county in
				accordance with their local wellness policies. If the county chooses to allow
				outside foods to be made available for the general student population, they
				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. Counties must use their local wellness policies to
				identify their 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.
11.4.
				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 a locally-developed Individualized
				Health Care Plan prepared by the certified school nurse; a Section 504 Plan; or
				an Individualized Education Program inclusive of a Medical Statement for
				Special Dietary Needs.
11.5. As
				directed in Policy 2422.7, all public schools are required to report any
				reactions resulting in the administration of epinephrine injections and
				administration of naloxone in their county. 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, LEA, and annually to the State
				Superintendent of Schools.