reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-77 - Non-Allowable Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
77.1. USDA FNS
				Instruction 796-1, Revision 2, lists areas of costs that are not eligible for
				inclusion in claims for payment from USDA funds and are not allowable costs
				from the child nutrition account. These are:
77.1.1. loan repayments;
77.1.2. bad debts;
77.1.3. fines and penalties;
77.1.4. interest and financial costs;
77.1.5. legislative expenses or
				executive direction;
77.1.6.
				contingency reserve contributions;
77.1.7. depreciation or use allowance for
				publicly owned buildings and improvements;
77.1.8. direct labor costs for administrative
				personnel above the school food service employee level without direct program
				responsibility;
77.1.9. USDA
				donated food or cash received in lieu of food;
77.1.10. other donations of cash, services
				and goods;
77.1.11. equipment
				depreciation costs for:
a. items that have
				been fully depreciated;
b. items in
				storage for future use or disposal; and
c. that portion of the equipment purchased
				with federal funds.
77.1.12. capital expenditures for:
a. land or construction; and
b. facilities.
77.1.13. occupancy by contractual agreements
				that are classified as rental-purchase or leased with an option-to-purchase; or
77.1.14. cost associated with
				sales or service to adults and other a la carte sales.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-78 - Shared Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
78.1. Equipment
				such as computers, typewriters, copy machines or calculators may be purchased
				for use jointly by the child nutrition and instructional programs. Cost of the
				equipment shall be pro-rated according to time of use by each program.
				Documentation of the time study must be kept on file at the school and SFA. In
				no case shall the child nutrition program pay more than the proportional share
				of the total cost of the equipment.
78.2. Only the child nutrition program's
				share of the cost may be included in the calculation of depreciation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-79 - Procurement Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
79.1. USDA
				regulations provide standards for the use of the child nutrition program funds.
				These standards ensure that the procurement of supplies (including food and
				equipment) and services is in compliance with applicable federal law and
				executive orders. A complete description of the procurement standards for child
				nutrition programs is found in 7 CFR Part 3016.
79.2. Each SFA shall maintain a written code
				of conduct to govern the performance of its employees who have the authority to
				contract or expend program funds. The contract shall provide for disciplinary
				action for violators of such standards. No person shall solicit nor accept
				personal gratuities, favors or anything of material monetary value from
				contractors and vendors or potential contractors and vendors.
79.3. All procurement transactions,
				regardless of method or dollar value of purchase, shall be conducted in a
				manner that will provide open and free competition. Positive efforts shall be
				made to utilize small businesses and minority-owned businesses as sources of
				supplies and services. The cost plus a percentage of cost contract type shall
				not be used. A firm-fixed-price contract or cost reimbursable contract is
				allowable.
79.4. Each SFA shall
				also have written selection procedures for procurement. Federal regulations
				require agencies receiving federal funds to obtain price quotations from an
				adequate number of qualified sources (three) and to purchase from a responsible
				vendor quoting the lowest price.
79.5. Regulations specify that formal
				advertising or competitive sealed bids must have complete and adequate, written
				specifications; such descriptions, however, shall not contain features that
				unduly restrict competition. If a particular brand is specified, a clear
				description of the specific features that must be met shall be clearly stated.
				The invitation to bid must be publicly advertised and all bids shall be opened
				publicly at the time and place stated in the invitation to bid. A
				firm-fixed-price contract shall be awarded to the lowest, responsible bidder.
				Any bid may be rejected when there is documentation of unsuccessful bidder
				performance.
79.6. All written
				contracts must contain a Certification Regarding Debarment and a Non-Collusion
				Affidavit.
79.7. Contracts awarded
				for an extended period of time or recurring contract renewals could be
				considered a violation of providing the opportunity for open and free
				competition.
79.8. Program aids to
				assist with purchasing are available from the WVDE or the SFA. School personnel
				may contact these offices for technical assistance.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-100 - Overclaim Disregard

Current through Register Vol. XLI, No. 28, July 12, 2024
100.1. The
				WVDE may disregard a Coordinated Review overclaim if the total SFA overclaim
				from an administrative review and all subsequent follow-up reviews does not
				exceed $600.00 per program (NSLP, SBP, SMP, After School Programs NSLP-Snack).
				However, no overclaim is to be disregarded where there is substantial evidence
				of violations of criminal law or civil fraud statutes.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-101 - Follow-up Reviews

Current through Register Vol. XLI, No. 28, July 12, 2024
101.1.
				Follow-up reviews are conducted when the threshold has been exceeded for CRE
				performance standards 1 and/or 2.
101.2. The follow-up review must determine
				that effective corrective action has been implemented for any non-compliance
				under either the critical or general areas of review. At the time of the
				follow-up review, at a minimum:
101.2.1.
				review those aspects of the critical areas that contributed to the review
				threshold(s) being exceeded;
101.2.2. determine whether corrective actions
				were satisfactorily completed within the time frames established by the WVDE;
101.2.3. evaluate whether
				corrective actions resolved the problem(s) system-wide; and
101.2.4. review those aspects of the critical
				areas that contributed to the review threshold(s) being exceeded in other
				programs operated by the SFA, i.e., the SBP, SMP and/or after school care
				programs offering meal supplements. If the administrative review included those
				other programs and found their operations to be satisfactory, they need not be
				reviewed during the follow-up review.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-102 - School Food Authority (SFA) Fiscal Action Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
102.1. SFAs may appeal the denial of all or a
				part of a Claim for Reimbursement or withholding payment resulting from a state
				agency-conducted review under the auspices of the CRE.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-103 - Coordinated Review Effort (CRE) Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
103.1. Critical.
103.1.1. To be in compliance with CRE's
				critical review areas, SFAs must do the following: have each child's
				eligibility for free or reduced price meals correctly approved; have a system
				to issue benefits and to update the eligibility of children approved for free
				and reduced price lunches; offer and/or serve lunches that contain the five
				required food items; base claims for reimbursement on accurate lunch counts, by
				category, taken at the point of service; and record, consolidate and report
				lunch counts on the claim for reimbursement correctly.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-104 - School Meals Initiative For Healthy Children (SMI)

Current through Register Vol. XLI, No. 28, July 12, 2024
104.1. The SMI underscores our national
				health responsibility to provide healthy school meals that are consistent with
				the RDAs, the calorie goals and the Dietary Guidelines for Americans.
104.2. With the publication of the
				Final Rule of USDA's SMI on June 13, 1995, ail schools became responsible for
				planning menus that meet specific minimum standards for key nutrients and
				calories by the beginning of School Year (SY) '96-97. SAs were given the
				authority to grant waivers to SFAs to postpone implementation of the nutrition
				standards until no later than SY '98-99.
104.3. The SMI Rule, along with action by
				Congress, provides for four menu planning systems. Additionally, when
				guidelines are published by USDA, schools may request approval of additional
				menu planning systems that will achieve the nutrition goals of SMI.
104.4. Nutrition Goals.
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104.5. Menu Planning Systems and Nutrient
				Analysis:
104.5.1. The currently approved
				menu planning systems include two food-based menu planning systems:
a. Enhanced Food-Based Menu Planning (the
				Enhanced Meal Pattern), and
b.
				Traditional Food-Based Menu Planning (the Traditional Meal Pattern);
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-105 - Civil Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
105.1. It is
				the SFAs responsibility to train and monitor their schools in regard to Civil
				Rights compliance.
105.2. Sponsors
				must ensure that all forms of communication and printed program information
				that are disseminated, especially the free and reduced price notification
				letters, application forms and public releases, include the following elements:
105.2.1. The USDA prohibits discrimination in
				all its programs and activities on the basis of race, color, national origin,
				gender, age or disability.
105.2.2. To file a complaint of
				discrimination, write USDA, Director, Office of Civil Rights, Room 326-W.
				Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410
				or call 202-720-5964 (voice and TDD).
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-106 - Data Collection

Current through Register Vol. XLI, No. 28, July 12, 2024
106.1. USDA
				requires each school to keep on file the number of enrolled students by race,
				the number approved for free and reduced priced meals, and the number
				denied.
106.2. This information is
				to be collected and on file in the school office by October 31 of each year.
106.3. The racial/ethnic
				categories for which this information must be collected are: American Indian or
				Alaskan native; Asian or Pacific Islander; Black (not of Hispanic origin);
				Hispanic; and White.
106.4. In the
				event that a household does not complete the voluntary self-determination on
				the free and reduced price meal application form, this information must be
				obtained by other methods. Other methods may include determination of the
				information by a school official through observation or personal knowledge.
				This information must be;
106.4.1. Maintained
				on file for three years plus the current year; and
106.4.2. Procedures should be established to
				ensure that the information is made available only to authorized state and
				federal personnel during reviews or as part of OMB approved surveys.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-107 - Review of Schools

Current through Register Vol. XLI, No. 28, July 12, 2024
107.1. When a
				review of a school is performed, the following information is to be reviewed:
107.1.1. Approved and denied free and reduced
				price applications are maintained on file.
107.1.2. Whether denied free and reduced
				price applications are disproportionally composed of minority applications.
107.1.3. Whether there is a need
				for bilingual material or staff and how, if it exists, it can be addressed.
107.1.4. Procedures that are used
				to determine and process civil rights complaints.
107.1.5. Whether admission procedures
				restrict enrollment by minority persons.
107.1.6. USDA or a FNS approved poster is
				displayed.
107.1.7. Free and
				reduced price applications and letters provided to parents or guardians of
				participants and potential participants contain the nondiscrimination
				statement.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-108 - Procedure for Filing complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
108.1. Right to File a Complaint - Any person
				alleging discrimination based on race, color, national origin, gender, age or
				disability has a right to file a complaint within 180 days of the alleged
				discriminatory action. Under special circumstances this time limit may be
				extended by the Office of Minority Affairs.
108.2. Acceptance - All complaints, written
				or verbal, shall be accepted by the designated person at the school and the SFA
				and then forwarded to the WVDE. It is necessary that the information be
				sufficient to determine the identity of the agency or individual toward which
				the complaint is directed, and to indicate the possibility of a violation.
				Anonymous complaints shall be handled as any other complaint.
108.3. Verbal Complaints - In the event that
				a complainant makes the allegation verbally or through a telephone conversation
				and refuses or is not inclined to place such allegations in writing, the person
				to whom the allegations are made shall write up the elements of the complaint
				for the complainant Every effort should be made to have the complainant provide
				the following information:
108.3.1. Name,
				address and telephone number or other means of contacting the complainant.
108.3.2. The specific location and
				name of the entity delivering the program service or benefit.
108.3.3. The nature of the incident(s) or
				action(s) that led the complainant to feel discrimination was a factor.
108.3.4. The basis on which the
				complainant believes discrimination exists (race, color, national origin,
				gender, age or disability).
108.3.5. The names, titles and addresses of
				persons who may have knowledge of the discriminatory action(s).
108.3.6. The date(s) during which the alleged
				discriminatory action occurred, or if continuing, the duration of such actions.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-109 - Civil Rights Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
109.1. Grassroots Organization - Any
				organization at the local level that interacts with potential participants,
				such as a community program, civic organization, migrant group, church,
				neighborhood council, local chapter of the National Association for the
				Advancement of Colored People or other similar groups.
109.2. Minority - A person or group of
				persons belonging to the protected classes covered by Title VI of the Civil
				Rights Act of 1964, as amended, and later specified by the OMB as: American
				Indian or Alaskan Native, Asian or Pacific Islander, Black (not of Hispanic
				Origin) or Hispanic.
109.3.
				Racial/Ethnic Categories - The designation of participants/potential
				participants by race, color or national origin from the collection and
				reporting of racial/ethnic data as follows:
109.3.1. American Indian or Alaskan Native-A
				person having origins in the original peoples of North America, and who
				maintains cultural identification through tribal affiliation or community
				recognition.
109.3.2. Asian or
				Pacific Islander - A person having origins in any of the original peoples of
				the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands.
				This area includes, for example, China, India, Japan, Korea, the Philippine
				Islands and Samoa.
109.3.3. Black
				(not of Hispanic Origin) - A person having origins in any of the black racial
				groups of Africa.
109.3.4.
				Hispanic - A person of Mexican, Puerto Rican, Cuban, Central or South American
				or other Spanish culture or origins, regardless of race.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-110 - Meal Service

Current through Register Vol. XLI, No. 28, July 12, 2024
110.1. Not less
				than three hours nor more than four and one-half hours should elapse from the
				beginning of the school breakfast service to the beginning of the school lunch
				service. A minimum of ten minutes of eating time (after going through the
				serving line) is to be provided for the school breakfast and a minimum of
				twenty minutes eating time (after going through the serving line) for the
				school lunch.
110.2. All foods
				available at the meal period are to be a part of the menu and be included in
				the regular meal price. If food is available, second food items may be offered
				at no charge after the student has eaten the major portion of the meal. Adults
				shall not remove food from students trays for the consumption of any other
				person.
110.3. If "super meals" or
				choice of milk (i.e. milkshakes) are offered, the student who is eligible for
				free meals must be offered the same service as the paying student at no cost
				and the student eligible for reduced price meals must be offered the same
				service at no additional cost.
110.4. Second meals consumed by students
				shall be reported as non-reimbursable.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-111 - Meal Service to Adults

Current through Register Vol. XLI, No. 28, July 12, 2024
111.1. Adults shall be served the same menu
				served to students in portions not to exceed that of secondary students. No
				special foods shall be prepared for adults. Sale of a la carte items to adults
				is not permitted, except those items available to students for breakfast a la
				cart sales. Adult meals are not reimbursable.
111.2. Meals served to adults who are
				directly involved in the operation and administration of child nutrition
				programs may, at the discretion of the SFA, be furnished at no charge. These
				meals should be shown as program adult meals (Column 6 or 12 on form
				WVDE-ADM-29). School employees who supervise during the lunch or breakfast
				periods, sell tickets or perform other duties directly related to the food
				program should do so on a contract basis as described in W.Va. Code
				§§
									18A-4-14
				and 16.
111.3. Meals served to
				adults not directly involved in the child nutrition program such as
				administrators, teachers, aides, student teachers and other persons working or
				visiting in the school may not be served free of charge unless the cost of the
				meal is covered from another source. These meals must be reported as
				non-program adult meals (Column 5 or 11 on form WVDE-ADM-29).
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-112 - Meal Service for Children with a Disability and Students with Special Dietary Needs

Current through Register Vol. XLI, No. 28, July 12, 2024
112.1. Schools
				shall make substitutions in foods for students with a disability under 7 CFR
				Part 15(b) and whose disability restricts their diet. Schools may make
				substitutions in foods for nondisabied students who are unable to consume the
				regular lunch because of medical or other special dietary needs.
112.2. These meals/substitutions must be
				provided at no additional charge or free or reduced to those with approved free
				and/or reduced price applications on file. Special equipment for preparation
				and utensils for eating are allowable costs.
112.3. Schools shall require
				parents/guardians of children with or without a disability who have need of
				special meals to provide medical certification that 1) verifies special meals
				are needed because of the child's disability or medical condition and 2)
				prescribes the alternate foods and forms of foods needed to meet the child's
				special dietary needs. Substitutions shall be made on a case-by-case basis.
				Such statement shall, in the case of a student with a disability, be signed by
				a physician or, in the case of a student without a disability, by a recognized
				medical authority. The statement must be updated each school year.
112.4. The
Standards for School
				Nutrition
, Policy 4321.1, requires additional foods be provided for
				pregnant and lactating students as specified in Section 4.1 Lunch
				Implementation Option A. When breakfast and lunch are considered together or in
				combination with a snack, the school shall provide:
112.4.1. a total of 5 oz. of protein foods, 1
				oz. of which shall be 1 oz. cheese, 1 cup yogurt or 8 oz. fluid milk;
112.4.2. 3 servings from the grain
				group, preferably from whole grains;
112.4.3. 1 -1/4 cups from the fruit and
				vegetable group; and
112.4.4. 16
				oz. from the milk group.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-113 - Disciplinary Practices and Meal Service

Current through Register Vol. XLI, No. 28, July 12, 2024
113.1. In no case shall a student be denied a
				meal or part of a meal or served a different type of meal as a means of
				discipline or as a result of discipline for violation of school policies.
113.2. In schools where OVS is
				practiced or where choices of menus or menu items are offered, the student
				being disciplined and/or the student in detention hall must have the identical
				type meal service available to other students.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-114 - Senior Citizens

Current through Register Vol. XLI, No. 28, July 12, 2024
114.1.
				Schools are encouraged to initiate and cooperate with programs to provide meals
				for senior citizens. Payment of the adult meal rate must be made either by the
				individual receiving the meal or by partial or no payment by the recipient with
				the remainder paid by another agency.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-115 - Emergency Food Service

Current through Register Vol. XLI, No. 28, July 12, 2024
115.1.
				If school food service facilities are needed in emergency situations, supplies
				and foods on hand (both purchased and donated) may be used for emergency
				feeding. Accurate inventory records must be maintained and replacement or
				repayment must be requested from the appropriate disaster relief agency.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-116 - Charging Meals

Current through Register Vol. XLI, No. 28, July 12, 2024
116.1. In a
				cash on the line/prepay point of service system, provisions for charging meals
				and/or milk on an emergency short-term basis are recommended, particularly in
				the case of elementary and middle schools. SFAs may implement a meal charging
				system whereby families are billed on a regular basis.
116.2. SFAs that choose to bill participants
				for meals, at either the school or SFA level, shall have a county board of
				education approved collection policy for addressing outstanding unpaid
				participant accounts. Schools are not required to provide meals or milk
				indefinitely when payment has not been made in a time determined to be
				reasonable by local school officials. Accounts submitted to an independent
				collection agency shall have charging privileges revoked. Schools are
				encouraged to obtain completed free and/or reduced price meal applications when
				financial need is obvious.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-117 - Lost, Stolen and Misused Tickets

Current through Register Vol. XLI, No. 28, July 12, 2024
117.1. Local school officials should develop
				procedures to handle the problem of lost, stolen and/or misused tickets and
				should initiate appropriate corrective measures. These officials should
				distinguish between genuine cases of lost or stolen tickets from willfully
				fraudulent "sold ticket/misuse" situations, and take appropriate action. This
				may include, when necessary, the same disciplinary measures that would be used
				in resolving any other infraction of school standards and rules of conduct.
117.2. The decision to replace a
				ticket belongs to the school regardless of the circumstances. The "lost" or
				"stolen" ticket may be replaced or the school may choose one of several
				options. The options may include accompanying or monitoring all students who
				report lost or stolen tickets - needy and non-needy - through the food service
				line; providing a list of those students' names to the cashier; or any locally
				developed measure that complies with the legislated boundaries. Regardless of
				which option is chosen, the eligible needy student must be provided with the
				free or reduced price meal.
117.3.
				Schools may also initiate a procedure that would sanction an ineligible student
				for attempting to use a ticket to obtain a meal when that ticket was lost,
				stolen or when it was determined that the ticket was otherwise obtained by
				fraud. In developing corrective measures, schools need only ensure that free
				and reduced price recipients not be overtly identified and that they not be
				charged for any replacement ticket.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-118 - Use of Foods, Supplies and Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
118.1. Left-over foods, USDA donated foods or
				purchased foods shall not be sold, traded or given away, except as used in
				child nutrition programs. No food, including left-overs, shall be removed from
				the school food service area by food service personnel either for their own use
				or for the use of others, except for school sponsored activities and approved
				food recovery projects.
118.2. All
				equipment and supplies shall be properly inventoried and shall not be removed
				from the school food service area without appropriate authorization. Records
				must be maintained verifying the date a piece of equipment was loaned from the
				food service department, the date returned, the principal's signature and the
				name of the borrower.
118.3. It is
				recommended that individuals not make purchases from vendors in the schools. If
				such purchases are made, items delivered may not be stored in the food service
				equipment. It is also recommended that no personal items be stored in food
				service equipment or storage areas.
118.4. Food for outside functions (not school
				sponsored) shall not be prepared in the kitchen during the regular work day.
				School food service facilities may be used by school or community groups for
				food service when authorized by the school administrator. Entrepreneurs or
				school personnel may not use food service facilities for individual benefit. At
				least one school food service employee shall be in charge to ensure control
				over the child nutrition program foods and for proper use and care of equipment
				and facilities. Wages for the school food service personnel shall be paid by
				the organization using the facilities in accordance with current wage and hour
				regulations and SFA policy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-119 - Safety and Sanitation

Current through Register Vol. XLI, No. 28, July 12, 2024
119.1. To
				avoid health and safety hazards, only authorized school food service personnel
				shall be allowed in the food preparation and serving areas. Use of tobacco
				shall not be permitted in the school building or on school property.
119.2. Health department inspections are
				conducted annually. Reports are posted in the food service area. All citations
				must be corrected or a plan be in place to correct all critical areas
				violations.
119.3. It is
				recommended that food service personnel wear clean uniforms. Approved hair
				restraints are required. Garments shall be stored in the food service area and
				shall be laundered or replaced daily.
119.4. To ensure that foods are served at
				proper temperatures, plates or trays should be filled only as the students pass
				through the line. In schools, family style is not permitted for students and/or
				adults, except for Head Start and preschool child care programs.
119.5. Food preparation and service are
				conducted to ensure food safety and sanitation as required by West Virginia
				Code § 64-17-1 (1999 Food Code Manual).
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-120 - Sale of Foods and Beverages

Current through Register Vol. XLI, No. 28, July 12, 2024
120.1. Food or beverage items sold or served
				during the school day must meet the requirements of Standards for School
				Nutrition, Policy 4321.1, § 126-86.
120.2. Milk and bottled water may be sold to
				a student at anytime during the meal period. Proceeds from milk, bottled water
				or milkshakes sold in the lunchroom at the time of meal service must be
				deposited to the child nutrition account.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-122 - Foods and Beverages Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
122.1. The Standards for School Nutrition,
				Policy 4321.1, adopted by the VWBE defined the following foods and beverages.
122.1.1. Candy is defined as any food that,
				as served in its finished form, contains, by weight, 40 percent or more 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".
122.1.2.
				Soft drinks as defined in Section 1, Article 19, Chapter 11 of the West
				Virginia Code:
(a) "Bottled Soft Drinks"
				which are all beverages, whether carbonated or not, or any preparations
				commonly referred to as "soft drinks" of whatever kind, which are closed and
				sealed in glass, paper or any other type of container, envelope, package or
				bottle, whether manufactured with or without the use of any syrup, and
(b) any beverages, whether bottled
				or not, which are prepared from soft drink syrups and powders by the mixing
				thereof with carbonated or plain water, ice, fruit, milk or any other product
				suitable to make a soft drink. Except that flavored, fluid milk, as defined in
				regulations promulgated by USDA governing CNP, and beverage mixtures which, in
				the finished product, contain at least 20 percent natural fruit or vegetable
				juices may be sold.
122.1.3. Chewing gum is defined as a
				preparation of chicle or other plastic substance sweetened and/or flavored for
				chewing.
122.1.4. 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.
122.1.5. Other foods are defined as any food
				or beverage, other than those served as part of the school meal, including
				snacks from vending machines, and foods sold during school hours for
				fund-raising purposes and foods for parties. Other foods do not include those
				brought to school by individual students for their own consumption.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-123 - Selection of Snack Items

Current through Register Vol. XLI, No. 28, July 12, 2024
123.1.
				The WVBE mandate on the sales of foods in schools supersedes any USDA
				regulation. Accurate product information must be on file to determine nutrient
				content of foods and beverages.
123.2. It is the responsibility of school
				personnel to control what products are placed in vending machines, school
				stores and/or snack bars. School personnel should obtain product analysis
				information from vendors upon which the decisions are made. These analyses are
				to be written on vendor/company letterhead and signed by an authorized company
				official. The criteria for "other" foods that are sold or served during the
				school day include: have 8 grams or less of fat per one ounce serving, or meet
				the USDA standard for a meal pattern requirement, and contain less than 40%
				sugar by weight.
123.3. Standards
				require that labels on packaged food identify the contents of the product. The
				total grams of fat per serving noted on the label can be used to determine if a
				food may be served.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-124 - Guidelines for Selection of Juice or Juice Products

Current through Register Vol. XLI, No. 28, July 12, 2024
124.1. The WVBE Policy 4321.1,
Standards for School Nutrition,
supersedes any USDA
				regulation. Juice or juice products sold in schools must contain a minimum of
				20% real juice. The product must be labeled or the principal must have proof of
				the percent of juice in each product sold. The proof must be written on
				company/vendor letterhead and signed by an authorized company
				official.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-125 - Meals for Secondary Students Attending Colleges

Current through Register Vol. XLI, No. 28, July 12, 2024
125.1. In some cases high school students
				participate in a special study program at a college. "Take-out" school lunches
				may be served by their appropriate schools and claimed for reimbursement. The
				provision of these lunches, however, would be at the option of the SFAs since
				they are only required to make lunches available to eligible students who are
				present during the lunch service periods.
125.2. The colleges and universities
				participating in the special study program are not eligible to participate in
				the NSLP since they do not meet the definition of "school" under program
				regulations. Therefore, meals provided to the high school students by the
				colleges would not be eligible for NSLP reimbursement, even if the high school
				compensated the college for the cost of the meal.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-126 - Meals for Field Trips

Current through Register Vol. XLI, No. 28, July 12, 2024
126.1.
				Breakfast and/or lunch meals may be provided and claimed at the eligible rates
				of reimbursement for students participating in field trips and other off-site
				functions. The following conditions must be met: the off-site function is an
				official school-sponsored one, proper measures are taken to ensure food safety
				and sanitation as required by West Virginia Code § 64-17-1, the meals
				served meet USDA meal pattern requirements and accurate records by category and
				count are maintained.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-128 - Classification of Cooks

Current through Register Vol. XLI, No. 28, July 12, 2024
128.1.
				Classification of cooks, as stated in W.Va. Code §
									18A-4-8,
				include:
128.1.1. Cook I. personnel employed
				as cook's helper.
128.1.2. Cook
				II. personnel employed to interpret menus, to prepare and serve meals; and
				personnel who have been employed as "Cook I" for a period of four years, if
				such personnel have not been elevated to this classification within that period
				of time.
128.1.3. Cook III.
				personnel employed to prepare and serve meals, make reports, prepare
				requisitions for supplies, order equipment and request repairs.
128.1.4. Cafeteria Manager, personnel
				employed to direct the operation of a food service program in a school,
				including assigning duties to employees, approving requisitions for supplies,
				repairs, keeping inventories, inspecting areas to maintain high standards of
				sanitation, preparing financial reports and keeping records pertinent to food
				services of a school.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-129 - Nutrition Education and Training (NET) Program

Current through Register Vol. XLI, No. 28, July 12, 2024
129.1. As appropriated by Congress, NET
				Program funds are made available through a USDA grant award to the WVDE based
				on an approved plan. Program funds may be used to provide:
129.1.1. nutrition education for children;
129.1.2. training programs for
				teachers;
129.1.3. training
				programs for school food service personnel;
129.1.4. nutrition education for parents; and
129.1.5. nutrition materials.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-130 - Training Programs for Food Service Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
130.1. Enhancing student health and learning
				through nutrition services requires training in many areas of nutrition, food
				service and program management. These include: knowledge of current nutrition
				recommendations, USDA regulations and WVDE policies, including required meal
				patterns; use of standardized recipes; procurement procedures; operation of
				institutional food service equipment; use of USDA publications, such as The
				Buying Guide for Quantity Foods; financial management; and food sanitation and
				safety.
130.2. WVBE Policy
				5500.02, County Service Personnel Staff Development Councils, requires at least
				18 hours of job-related staff development for service personnel each year. The
				County Service Personnel Staff Development Council has final authority to
				propose and evaluate staff development programs according to the rules of the
				policy.
130.3. NET programs are
				provided by WVDE for SFA and school food service personnel. SFAs may contact
				the Office of Child Nutrition staff to schedule training.
130.4. It is recommended that SFAs provide
				preservice training for new food service personnel. Preservice training
				minimally should include: use of standardized recipes; meal patterns; use of
				quantity equipment; food preparation skills; safety; and sanitation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-131 - Competency Testing for Food Service Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
131.1. Effective July 1,1991, county boards
				of education shall provide competency tests for all new service personnel
				applicants in each specific classification title. This applies to applicants
				for either regular or substitute positions.
131.2. As specified in W.Va. Code §
									18A-4-8e,
				these competency tests are intended to determine whether applicants are
				qualified for a specific classification title. They are not to be used to
				evaluate employees' skills or performance in their currently held categories.
131.3. For testing purposes, Cooks
				I, II, III and Cafeteria Manager are included in the same classification
				category, and applicants for these positions are administered the same test.
				County food service supervisor applicants are administered a different test.
131.4. All competency tests are
				developed by the Division of Technical and Adult Education Services of the
				WVDE. Vocational schools serving the local county boards of education
				administer them.
131.5. After July
				1, 1991, only these approved competency tests may be administered by boards of
				education. Locally developed tests are prohibited under this section of the
				state code.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-132 - Integration and Involvement

Current through Register Vol. XLI, No. 28, July 12, 2024
132.1.
				Providing a school environment that promotes optional growth, health and
				education for all students requires the active involvement of the total school
				staff, parents and community members. CNP experience shows the positive effects
				of a collaborative approach to planning and delivering nutrition services and
				nutrition education. They include increased public awareness of the value of
				good nutrition and the role of school nutrition programs in enhancing students'
				health and learning; increased student acceptance of nutritious foods and
				dietary changes; and increased participation in school nutrition programs.
132.2. Both federal regulation and
				WVBE policy acknowledge the importance of cooperative planning and involvement.
				Each recognizes the value of local discretion in determining specific needs and
				strategies related to school, home and community involvement.
132.3. NSLP regulations require SFAs to
				conduct activities that involve students and parents in the school's nutrition
				programs. SFAs are to maintain documentation of such activities. WVBE Policy
				4321.1, Standards for School Nutrition, requires a county plan for integrating
				nutrition services and the curriculum.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320) › Section 126-85-133 - Comprehensive County Nutrition Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
133.1. To accomplish its goals, school
				nutrition programs must become an integral part of the total school curriculum.
				A broad spectrum of school and community representatives need to work
				collaboratively to create and strengthen the links between nutrition services
				and the curriculum. WVBE Policy 4321.1, Standards for School Nutrition,
				requires that a comprehensive county plan be developed to address: establishing
				a wellness environment; providing professional development; and establishing
				on-going evaluation.
133.2. The
				plan outlines the county's direction, priorities and activities related to
				implementing standards set forth in the policy. At the discretion of the
				county, this plan may include a statement of need; goals, strategies and
				resources to address identified needs; and evaluation procedures.
133.3. A broad-based committee or advisory
				council comprised of, but not limited to, health care providers, food service
				personnel, teachers, students and educational administrators, is responsible
				for developing the county plan. If the development of the plan can be more
				effectively accomplished through other county planning activities, such as the
				Unified County Improvement Plan, a separate nutrition plan is not required.
				However, the development of such a plan must include all participants specified
				in WVBE Policy 4321.1, Standards for School Nutrition.