reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-084 - Student Driver Eligibility Certificate (4150) › Section 126-84-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Circumstances
				Beyond the Control of the Student. Circumstances shall include, but not be
				limited to, medical reasons, familial responsibilities, and the necessity of
				supporting oneself or another. Suspension or expulsion from school or
				imprisonment in a jail or a West Virginia correctional facility is not a
				circumstance beyond the control of the student and shall be considered an
				unexcused absence.
3.2. Driver's
				Eligibility Certificate. Documentation provided by the county to the student
				verifying that the student has met the attendance, behavioral, and academic
				expectations set forth by W. Va. Code §
									18-8-11 that are required to
				obtain a license or instruction permit to drive a motor vehicle.
3.3. Satisfactory Academic Progress.
				Attaining and maintaining grades sufficient to allow graduation and coursework
				in an amount sufficient to permit graduation in five years or by age 19,
				whichever is earlier.
3.3.a. This calculation
				includes the minimum annual earning of five credits to be on track to graduate
				in five years based on the graduation requirements set forth in W. Va.
				§126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for
				Education Programs (Policy 2510).
3.3.b. Three of the five credits earned
				annually must be from the graduation requirements identified in Policy
				2510.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-084 - Student Driver Eligibility Certificate (4150) › Section 126-84-4 - Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. WVBE
				responsibilities.
4.1.a. Encourage daily
				attendance and appropriate student conduct, set academic graduation
				requirements for public schools, and mandate that county school systems collect
				and report student performance data regarding these student
				behaviors.
4.1.b. Define Driver's
				Eligibility Certificate criteria in uniform quantifiable measures to assure
				that the process is applied equally to all students ages 15 to 18 who are
				enrolled in West Virginia public schools.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-084 - Student Driver Eligibility Certificate (4150) › Section 126-84-5 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If any
				provision of this policy or the application thereof to any person or
				circumstance is held invalid, such invalidity shall not affect other provisions
				or applications of this 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 126-85-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule establishes operational policy that enhances child nutrition
				and provides for an efficient operation of the programs. The procedures relate
				to the school breakfast, school lunch, special milk, after-school care and
				nutrition education programs.
1.2.
				Authority. -- W. Va. Const., Art. XII, §2, and W. Va. Code §§
									18-2-5,
				18-2-6a,
				18-2-17 and
				18A-4-8.
1.3. Filing Date. -- August 12,
				2002.
1.4. Effective Date. --
				September 11, 2002.
1.5. Repeal of
				former Rule. -- This procedural rule modified WV 126 CSR 85 "Policies of
				Operation Manual Child Nutrition Programs" filed August 10, 2001 effective
				September 9, 2001.
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 126-85-2 - Mission and Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				mission of the Office of Child Nutrition is to enhance learning and quality of
				life through nutrition education and nutrition services.
2.2. The primary purpose of the food service
				program is to provide the opportunity to meet each participant's nutritional
				needs, the child in school, the child in institutional surroundings, the
				special needs child; the child in day care and the functionally impaired adult
				in day care. An effective nutrition program makes available to all participants
				a nutritionally adequate, affordable breakfast and lunch that support health
				and learning. Snacks are added as needed for the participants.
2.2.1. All meal service in the dining area
				shall conform to the nutritional standards prescribed and shall be priced and
				served as a unit. Any other food or beverage served at any time during the day
				shall provide protein, vitamins and minerals in a satisfactory balance with
				calories in order to contribute to the nutritional quality of the meals
				served.
2.2.2. Non-nutritious
				foods, namely candy, soft drinks, chewing gum and flavored ice bars, shall not
				be sold during the school day (i.e., that period of time between the arrival of
				the first child at school and the end of the last scheduled instructional
				period) except that, county boards 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 Food and
				Nutrition Service (FNS) of the United States Department of Agriculture (USDA).
				Seventy-five percent of the profits from the sale of soft drinks shall be
				allocated by a majority vote of the faculty senate of each school and
				twenty-five percent of the profits from the sale of soft drinks shall be
				allocated to the purchases of necessary supplies by the principal of the
				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 126-85-4 - Major Functions and Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Major functions are categorized in the
				areas of administration, technical assistance and training, monitoring and
				accountability, and outreach. Specifically, the Office of Child Nutrition works
				to achieve the following:
4.1.1. Ensure the
				service of nutritious meals that appeal to children.
4.1.2. Increase efficiency and accountability
				in food service operations.
4.1.3.
				Assist students in achieving optimum performance and quality of life.
4.1.4. Enable educators, food
				service personnel and parents to positively influence children's eating habits.
4.1.5. Collaborate with other
				governmental and community agencies in establishing goals and nutrition
				services for children.
4.1.6.
				Optimize the effectiveness of child nutrition personnel.
4.1.7. Promote and expand child nutrition
				programs.
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 126-85-5 - Responsibilities for Child Nutrition Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Federal level. At the federal level, the
				FNS shall act on behalf of the USDA in implementing the Child Nutrition
				Programs. It shall be responsible for the following four areas:
5.1.1. Program administration functions,
				including:
a. providing timely information to
				the Administration and to Congress;
b. drafting, up-dating and publishing in the
				Federal Register regulations to implement the NSLA, Child Nutrition Act (CNP),
				as amended by Congress and the Healthy Meals for Healthy Americans Act of
				1994;
c. soliciting public comment
				prior to issuing federal regulations in their final form;
d. conducting briefing sessions and/or public
				hearings concerning national policies related to school food service;
e. negotiating an annual written contract
				with each state educational agency for administration of the NSLP, SBP, SMP,
				CACFP, SFSP;
f. developing and
				disseminating policy statements, instructions, time frames, guidelines and
				memoranda related to program management;
g. developing national policy concerning the
				provision of free and reduced price meals or free milk, including income
				poverty guidelines and prototype applications and administrative
				guidance;
h. annually reviewing and
				evaluating each state agency, together with selected sponsors and schools for
				each child nutrition program administered; initiating corrective action plans
				where necessary; and
i. reviewing
				and approving the various state plans as submitted by each state for the
				succeeding school years.
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 126-85-6 - Due Dates for Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Deadlines
				for submission of reports and documents are as follows:
6.1.1. September 1. Policy Statement
				(WVDE-ADM-05), Annual School Information for the School Lunch, School Breakfast
				and Special Milk Program, and Criteria for Determination of Severe Need Schools
				School Breakfast Program.
6.1.2.
				10th of Each Month. Monthly Claim for Reimbursement (WVDE 43-10-30) (tenth of
				the month following the monthly period being claimed).
6.1.3. October 15. Quarterly Financial
				Reports (WVDE-ADM-30).
6.1.4.
				January 15. Quarterly Financial Reports (WVDE-ADM-30).
6.1.5. April 15. Quarterly Financial Reports
				(WVDE-ADM-30).
6.1.6. July 15.
				Quarterly Financial Reports (WVDE-ADM-30).
6.1.7. September 30. Annual Report
				(WVDE-ADM-104).
6.1.8. October 31.
				Verification. Draw sample based on the number of free/reduced price meal
				applications on file October 31.
6.1.9. October 31. Civil Rights Information
				(racial, ethnic data).
6.1.10.
				November 30. Notify WVDE of Verification Extension.
6.1.11. December 15. Complete verification
				process.
6.1.12. January 10. SFA
				Verification Summary Report received by the WVDE, Office of Child Nutrition.
6.1.13. February 1. Complete SFA
				site monitoring.
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 126-85-7 - School Breakfast

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. ". . .
				Each county board of education shall establish and operate a school breakfast
				program under which a nutritious breakfast shall be made available to all
				pupils enrolled in the schools of the county in accord with standards of the
				state department of education " (W.Va. Code §
									18-5-37).
7.2. The school breakfast is a
				meal that meets federal and state nutritional requirements and is served to
				students at or near the beginning of the school day. Schools may serve
				breakfast for an extended period of time or at different times during the
				morning hours. In secondary schools with continuous or multi-session service
				the serving/eating time can be reduced by serving prepackaged or portioned menu
				items. The OVS option applies to school breakfasts.
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 126-85-8 - School Breakfast Program Meal Requirements and Recommendations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The USDA
				Breakfast requirements are designed to provide a simple framework for planning
				nutritious breakfasts. They also provide for menu flexibility that can include
				student preferences or special food needs at the local level.
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8.2. Schools are encouraged to offer larger
				portions of food items to meet the needs of older students.
8.3. WVBE Policy 4321.1, Standards for School
				Nutrition recommends low-fat milk choices and whole grains/breads. A serving of
				low-fat, low-salt meat/meat alternate choice is also recommended daily.
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 126-85-9 - Sugar Content of Breakfast Items

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All such menu items shall contain less
				than 40 percent sugar (in crystalline form or in solution as syrup, both
				monosaccharides and disaccharides) and/or other sweetening agents. Schools are
				encouraged to prepare appropriate school-baked items. It is the responsibility
				of the SFA or school to obtain sugar content statements that indicate
				percentage of total sweetening agents in questionable food and beverage items.
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 126-85-10 - Offer Versus Serve Breakfast Pattern

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. OVS for breakfast requires that four
				food components/items be offered (made available), but allows students to
				choose three or four items. The amount of each component/item served must be
				consistent with the minimum quantities specified in the preceding Chart, School
				Breakfast Program Meal Requirements and Recommendations (§ 126-85-8.1).
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10.1.1. OVS,
				is intended to reduce plate waste; therefore, students may refuse one food item
				from the required components/items. A student's decision to decline a food item
				shall not affect the charge for breakfast.
10.1.2. The SFA has the option of
				implementing OVS for breakfast, either on a school by school or county basis.
				In schools not implementing OVS, a student must take full portions of all four
				food items offered for breakfast.
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 126-85-11 - Breakfast A La Carte

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. To
				encourage students to develop good eating habits and to provide for the
				nutritional needs of all students in attendance, sales of certain items of food
				may be made in the dining area at the same time as the breakfast service. With
				the approval of the SFA, schools are authorized to sell, as separately priced
				menu items, the specific food and beverage items listed below:
11.1.1. full strength (100%) fruit or
				vegetable juice;
11.1.2. fresh
				fruit, such as apples or bananas;
11.1.3. milk;
11.1.4. bread items prepared from whole-grain
				or enriched flour, including toast, biscuits, muffins, English muffins, quick
				breads, bagels, rolls, orwhole-grain enriched or fortified cereal; and/or
11.1.5. meat/meat alternates such
				as lean meat, poultry, fish, alternate protein products, cheese, yogurt, egg,
				peanut butter or other nut or seed butters, cooked dry beans or dried peas. No
				more than one ounce of nuts and/or seeds may be served in any one 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 126-85-12 - Dietary Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. USDA
				regulations 7 CFR-220.8(f) require that schools shall make substitutions in
				foods for students with a disability. A child with a disability, as defined in
				7 CFR Part 15b, is one who has "...a physical or mental impairment which
				substantially limits one or more major life activities..." Major life
				activities include the diet. Schools also may make substitutions for
				non-disabled students who are unable to consume the regular breakfast because
				of medical or other special dietary needs.
12.2. Substitutions shall be made on a
				case-by-case basis only when supported by a statement of the need for
				substitutions that include recommended alternate foods unless otherwise
				exempted by FNS. Such statements shall, in the case of a student with a
				disability, be signed by a physician or, in the case of a student with special
				needs, by a recognized medical authority. The statement must be maintained on
				file in the school and available for audit. The statement must be updated each
				year. Prototype letters that may serve for these medical statements are
				available from the Office of Child Nutrition.
12.3. Regulations allow for certain other
				variations in the food components of the basic meal requirements on an
				experimental or continuing basis in schools where there is specific evidence
				that such variations are nutritionally sound and are necessary to meet ethnic,
				religious, economic or physical needs. However, these exceptions must be
				granted by the FNS, USDA, Washington, D.C.
12.4. Any deviation from the required meal
				pattern other than those described above must be approved in writing by the
				WVDE or a WVDE Coordinator.
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 126-85-13 - Reimbursable Breakfasts

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. In
				order for a breakfast to be considered a reimbursable meal, 1) the four
				required food items must be offered to all students and 2) the serving sizes
				offered must be consistent with the minimum quantities. Additionally, students
				must select a minimum of three of four items, if OVS is practiced or all four
				if OVS is not practiced.
13.2.
				Reimbursement for only one breakfast per day may be claimed for a student who
				is:
13.2.1. enrolled in the educational
				program of the SFA;
13.2.2. in
				attendance at the time of meal service; and
13.2.3. claimed by eligibility category
				established by a currently approved free or reduced meal application.
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 126-85-14 - Severe Need Rates of Reimbursement

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A school will be eligible for severe
				need reimbursement rates for school breakfast only if the school served 40
				percent or more of its lunches free or at a reduced price during the second
				preceding year.
14.2. Any eligible
				school must annually complete and submit an application for severe need
				breakfast classification to the Office of Child Nutrition of the WVDE for
				approval.
14.3. USDA regulations
				require that schools receiving the severe need rate for breakfast reimbursement
				must document SFA costs that equal or exceed the total breakfast reimbursement
				or repayment of severe needs monies not utilized must be made.
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 126-85-15 - Production Records

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Completion of production records for breakfast is required in child nutrition
				programs in West Virginia. Booklets containing these record sheets will be
				furnished by the WVDE and, after completion, will be kept on file in the school
				with child nutrition records for three years plus the current year.
15.2. A production record documents the menu
				and the quantities of foods served. Therefore, it is an excellent management
				tool. A production record should contain the following basic information:
15.2.1. menu items;
15.2.2. portion size planned;
15.2.3. quantity/number of food/food items
				prepared;
15.2.4. number and size
				container (#10 can, pounds, count, etc.);
15.2.5. number of portions of food left over;
15.2.6. disposal of leftovers;
15.2.7. number students not yet
				served when food supply ran out;
15.2.8. number of meals served by category
				(children and adults);
15.2.9.
				date and day of the week; and
15.2.10. name of person completing report.
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 126-85-16 - Bus Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The
				school and transportation schedules must provide time for school breakfast
				prior to the start of the student's instructional day.
16.2. A minimum of ten minutes eating time
				(after going through the serving line) is to be provided for students eating
				school breakfast.
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 126-85-17 - Waiver

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. "A particular
				school, which because of compelling circumstances is not able to provide a
				satisfactory school breakfast program may apply to the state superintendent of
				schools for a waiver. Upon application, the state superintendent of schools
				shall give notice and the opportunity to be heard to the parents and the school
				and shall review the specific reasons for the waiver request and if the state
				superintendent determines that a particular school, because of compelling
				circumstances, is not able to provide a satisfactory school breakfast program,
				it may be granted a waiver, not to exceed two years except upon reapplication"
				(W.Va. Code §
									18-5-37).
17.2. If, after review of the
				request, the county superintendent concurs that the school has compelling
				circumstances that prevent the operation of the school breakfast program, the
				request for the waiver shall be approved by the county superintendent.
17.3. Each request for a waiver
				due to compelling circumstances shall be submitted in writing by the county
				superintendent and the county board to the state superintendent of schools. The
				request shall set forth the circumstances leading to the waiver request and
				shall be accompanied by appropriate documentation, together with a proposed
				date and location for the required hearing.
17.4. Each request for a waiver shall be
				reviewed by the WVDE. Public announcement of the dates and places for the
				hearings shall be made by the state superintendent of schools. The required
				hearing shall be conducted by local school officials. Roll call and minutes of
				the proceedings shall be taken and a summary of the minutes shall be
				transmitted to the WVDE.
17.5. The
				State Superintendent of Schools shall notify the county superintendent in
				writing concerning the approval or denial of the waiver request made by
				schools. Notification shall be given within 15 working days after the receipt
				of the record of the public hearing. The notification shall state whether the
				duration of the waiver approval is for one or two years.
17.6. The State Superintendent shall annually
				report to the West Virginia Legislature on the first day of the regular session
				the schools exempt for that school term under the waiver provision and shall
				state the reasons for such exemptions.
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 126-85-18 - Termination Provision

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. If at
				any time, all USDA appropriations to the WVDE for the school breakfast program
				are terminated, SFAs are authorized but not required to continue the operation
				of the school breakfast program.
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 126-85-19 - School Lunch

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The
				nutritional goal for school lunches is to provide approximately one-third of
				the RDA as specified by the National Research Council/National Academy of
				Sciences. It is expected that each lunch each day will provide one-third of the
				RDA for calories but not necessarily for all nutrients. However, when averaged
				over a period of time it is expected that the RDAs will be met.
19.2. In developing the USDA meal
				requirements, amounts of food energy (calories) and nutrients for adequate food
				composition data were considered. Additionally, since the meal requirements
				allow for a variety of foods, it is assumed that other nutrients for which no
				RDA have been established or for which inadequate food composition data are
				available will also be supplied.
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 126-85-20 - Meal Requirements and Recommendations

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The USDA lunch requirements are
				designed to provide a simple and easy-to-follow framework for planning
				nutritious and well-balanced lunches. They provide for broad food choices that
				can include local food preferences, cultural, ethnic and religious food
				practices.
20.2. The USDA meal
				requirements are specific to the kinds and amounts of food for each of the four
				food components. However, a minimum of five food items must be served, as shown
				below:
20.2.1. Components:
a. Meat/Meat Alternate
b. Vegetable/Fruit
c. Grains/Breads
d. Milk
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 126-85-21 - Food Quantities

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. A
				school lunch must contain quantities of each of the food components, as
				specified by the NSLP regulations. The following chart specifies USDA
				quantities by age/grade group, modified to reflect West Virginia standards.
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21.1.1. Note
				that Groups I through IV are minimum requirements, but the quantities specified
				in Group V are recommendations. Schools are encouraged, not required, to vary
				portion sizes to better meet the food and nutritional needs of students by age.
				If a school chooses not to vary portion sizes, it is important to ensure that
				the oldest group of students being served is receiving the minimum requirements
				for that age group. For any age group of students, more but not less than the
				minimum quantity may be served.
21.1.2. The quantities specified in Group V
				for students age 12 and over are recommendations, not requirements, and the
				minimum requirements for that group are the quantities specified in Group IV
				for students age 9 and over.
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 126-85-22 - Meat/Meat Alternate Component

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. West Virginia Modified Meal Pattern
				(Option B).
Minimum Quantities for students, grades
								K-12:
One of the following or a combination to give an
								equivalent quantity:
Grades K-3 ages 5-8
(Group III)
Grades 4-12 age 9 and over
(Group IV)
Grades 7-12 age 12 and over
(Group V)
Lean meat, poultry, or fish
1 1/2 oz.
2 oz.
3 oz.
Alternate protein product*
1 1/2 oz.
2 oz.
3 oz.
Cheese
1 1/2 oz.
2 oz.
3 oz.
Large eggs
3/4
1
1 1/2
Peanut butter or soynut butter
3 Tbsp.
4 Tbsp.
6 Tbsp.
or other nut or seed butters Peanuts or soynuts
								or
3/4 oz. =
1 oz. =
1 1/2 oz.=
tree nuts or seeds
50%
50%
50%
Cooked dry beans or peas**
3/8 cup
1/2 cup
3/4 cup
Yogurt, plain or flavored,
6 oz. or
8 oz. or
12 oz. or
unsweetened, sweetened
3/4 cup
1 cup
1 1/2 cup
*Alternate protein products must meet requirements
								of 7 CFR 210
								Appendix A.
**West Virginia modified meal pattern (Option B)
								emphasizes low-fat, low sodium, high fiber foods by requiring that dried beans,
								dried peas or lentils be served as a meat/meat alternate at least once a
								week.
22.1.1. The
				meat/meat alternate must be served in the main dish or the main dish and one
				other menu item. This means that two menu items are the maximum number that may
				be used to meet the meat/meat alternate requirement.
22.1.2. Alternate protein products may
				fulfill all or part of the meat/meat alternate requirement. Cheese alternate
				products, and enriched macaroni with fortified protein may be used to meet part
				of the meat/meat alternate requirement. Fact sheets on each of these alternate
				foods give detailed instructions for use.
22.1.3. No more than 50% of the meat/meat
				alternate requirement shall be met with nuts or seeds. Nuts or seeds shall be
				combined with another meat/meat alternate to fulfill the requirement.
22.1.4. If the required serving
				for a meat alternate seems too large for a particular age group being served, a
				smaller portion should be served to meet part of the requirement while combined
				with another meat or meat alternate to meet the full requirement.
22.1.5. It is recommended that schools offer
				students a choice of meat/meat alternate each day or that a particular meat
				alternate or form of meat (ground, diced, pieces, etc.) not be served more than
				three times in a single week.
22.1.6. Further information on the meat/meat
				alternate component is found in the USDA Menu Planning Guide.
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 126-85-23 - Vegetable/Fruit Component

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. West
				Virginia Modified Meat Pattern (Option B).
Minimum quantities for students, grades K-12:
Grades K-3 ages 5-8
(Group III)
Grades 4-12 age 9 and over
(Group IV)
Two or more servings of vegetables or fruits or both
							 to total
1 cup
11/4 cups
West Virginia modified meal pattern (Option B) and
							 nutrient standard (Option A) requires that fresh fruits and vegetables be
							 offered in quantities of at least 1/4 cup 5 times per week.
23.1.1. The
				required servings must consist of two or more fruits or vegetables. Menu items
				such as fruit cocktail and mixed vegetables are counted as one item. Chefs
				salad or a fruit plate with cottage cheese are considered as two or more
				servings and will meet the full requirement if being served as the entree.
23.1.2. In order for juice to meet
				the fruit/vegetable requirement, at least 100% full strength juice must be used
				to equal only one-half the requirement or 3/8 cup. If 50% juice is used, the
				amount must be doubled (one cup) to equal the 3/8 cup.
23.1.3. Cooked dry beans or peas may be used
				to meet the meat/meat alternate requirement or the vegetable/fruit requirement,
				but not both in the same meal.
23.1.4. Include a vegetable or fruit rich in
				vitamin A at least twice a week and a vegetable or fruit rich in vitamin C at
				least two or three times a week. Refer to the USDA Menu Planning Guide for
				suggestions.
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 126-85-24 - Grains/Breads Component

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. West
				Virginia Modified Meal Pattern (Option B).
Grades K-3 ages 5-8
(Group III)
Grades 4-12 age 9 and over
(Group IV)
Grades 7-12 age 12 and over
(Group V)
Servings of grains/breads
1.5/day and 10/week
1.5/day and 12/week
1.5/day and 12/week
Offerings should include at least 5 servings a week
							 that contain 33% whole grains.
A serving is:
! one slice of whole-grain or enriched bread;
! a biscuit, roll, muffin, etc., whole-grain or
							 enriched;
! 1/2 cup of cooked whole-grain or enriched
							 rice;
! 1/2 cup of macaroni, noodles, other whole-grain or
							 enriched pasta products, or other cereal grains such as bulgur or corn grits;
							 or
! a combination of any of the above.
24.1.1. Only
				grains/breads that are served as an accompaniment to the main dish may be used
				to meet the bread requirement. Dessert and snack-type foods, such as cakes,
				cookies, dessert pie crust, hard thin pretzels and corn chips may not be
				counted to meet the bread requirement because they do not accompany any known
				main dish; except that, when 12 servings of grains/breads are served per week a
				total of two of the grain/breads servings, but not more than one per day, may
				be grain-based desserts.
24.1.2.
				Enriched macaroni products with fortified protein may be used to meet a part of
				the meat/meat alternate requirement or to meet the grains/breads requirement,
				but not both in the same meal.
24.1.3. Whole grain refers to products that
				contain the entire grain, or all the grain that is edible. They include the
				bran and germ portions that contain most of the fiber, vitamins and minerals,
				as well as the starchy endosperm. Examples of whole grains may include whole
				wheat, cracked wheat, bulgur, oatmeal, and whole cornmeal.
24.1.4. Refer to the USDA Food Buying Guide
				for Child Nutrition Programs (1990), Bread and Bread Alternates Section, for
				weights of servings and a detailed list of breads and bread alternates.
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 126-85-25 - Milk Component

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. West
				Virginia Modified Meal Pattern (Option B).
Minimum quantities for students, grades K-12:
Grades K-3 ages 5-8 (Group III)
Grades 4-12 age 9 and over (Group IV)
Grades 7-12 age 12 and over (Group V)
Fluid Milk
1/2 pint (8 fl. 02.)
1/2 pint (8 fl. oz.)
1/2 pint (8 fl. oz.)
Both whole milk and unflavored lowfat milk are
							 required*. The whole milk may be flavored or unflavored. The unflavored fluid
							 lowfat milk may be 2% or less butterfat, skim milk or buttermilk. Skim milk
							 cannot be the only source of lowfat milk available.
25.1.1. This
				requirement does not prohibit offering other milks, such as whole flavored milk
				or flavored lowfat milk, along with two or more of the above.
25.1.2. *ln the event that a particular type
				of milk represents less than one percent of the total amount of milk consumed
				in the previous year, schools may elect not to make this type of milk
				available. Documentation such as purchase orders and inventory records are
				required to substantiate such action and should be kept on file at the school
				or SFA.
25.1.3. Milk must be
				offered as a beverage for lunch.
25.1.4. Milkshakes containing 1/2 pint of
				fluid milk meeting state or local standards for fluid milk may be served as a
				choice to meet the milk requirement.
25.1.5. Further information on the milk
				component is found in the USDA Menu Planning Guide.
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 126-85-26 - Product Analysis Sheets and Child Nutrition Labels

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. When commercially prepared food items,
				especially breaded, frozen, protein items, are purchased for use in the school
				lunch program, a product analysis sheet or Child Nutrition (CN) label must be
				on file in the school kitchen. For example, in the case of pizza, the product
				analysis sheet should specify the exact amount of meat and cheese per portion.
				A CN label on commercially prepared individual portions clearly identifies the
				contribution of a product toward the meal pattern requirement. If this
				information is not available, the prepared item may not be counted to meet the
				component requirements since the item's contribution to the meal pattern is
				unknown.
26.2. A CN label will
				always contain the following:
26.2.1. The CN
				logo which is a distinct border.
26.2.2. The meal pattern contribution
				statement.
26.2.3. A 6-digit
				product identification number.
26.2.4. USDA FNS authorization.
26.2.5. The month and year of approval.
26.2.6. Sample Label Statement.
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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 126-85-27 - Offer Versus Serve for Lunch

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1.
				OVS is a serving method designed to reduce food waste and food costs in the
				National School Lunch Program without jeopardizing the nutritional integrity of
				the lunches served. It allows senior high school students and, when approved by
				the local SFA, students in other grades to decline food they do not intend to
				eat. For definition of OVS, see 3.73. of this policy.
27.2. Senior high schools are required to
				implement the OVS provision for their students. Senior high school students are
				students (1) of a high school grade level as determined by state and local
				educational agencies and (2) enrolled in a senior high school that is
				recognized as a part of the education system within a state.
27.3. The implementation of the OVS provision
				in junior high, middle and/or elementary schools is left to the discretion of
				local SFAs. In schools not implementing OVS a student must take the required
				five food items lunch in the full portion offered.
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 126-85-28 - Kindergarten Snacks

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. Children
				of kindergarten age can only manage small quantities of food atone time. The
				recommendation is to offer lunch at two serving periods that meets the total
				minimum quantities. For example, at midmorning, juice and toast could be
				served. At lunch the meat, vegetable, milk and/or dessert would then be served
				or offered.
28.2. This method will
				provide a snack for children in this age group. If kindergarten children are
				served in two service periods, the total food served must meet minimum
				requirements.
28.3. State Board of
				Education Policy 4321.1, Standards for School Nutrition, allows the following
				as snack options for meals. Schools may choose to allow adequate time for
				consumption of increased volume of food by extending the meal period or by
				providing a snack under the following stipulations (Note: Prior USDA approval
				is required to provide the fruit/vegetable snack option for lunch.):
28.3.1. The snack is offered as a separate
				item at breakfast or lunch for consumption later.
28.3.2. The snack item may be a single
				serving of bread/bread alternate, fruit or vegetable.
28.3.3. 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.
28.3.4. Timing of the snack is determined by
				individual schools choosing this option.
28.3.5. The price of the meals may not be
				increased solely as a result of choosing this option. (Note: No federal
				reimbursements exist for snacks outside the lunch or breakfast meals.)
28.3.6. Schools choosing this
				snack option may elect to sell the same snack foods to students who do not
				purchase a school 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 126-85-29 - A La Carte for Lunch

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. A la
				carte meal service for students and/or adults at lunch is prohibited. Meals
				must be priced and served as units. Food items (sandwiches, breads or any other
				menu item) may not be priced and sold separately. Only fluid milk, milk shakes
				and bottled water may be sold as a la carte for lunch.
29.2. Alternatives to a la carte are:
29.2.1. "Super Lunches", those providing
				larger portions and/or extra food items, may be offered to paying students at
				an additional cost. If such meals are offered, students who are eligible for
				free meals must be offered the same service as the paying student at no cost
				and the students eligible for reduced price meals must be offered the same
				service at no additional cost.
29.2.2. Second meals can be sold and counted
				as non-reimbursable meals.
29.2.3.
				Second servings of individual food items may be provided.
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 126-85-30 - Dietary Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1.
				Regulations allow for certain variations in the food components of the basic
				meal requirements on an experimental or continuing basis in schools where there
				is specific evidence that such variations are nutritionally sound and are
				necessary to meet ethnic, religious, economic or physical needs. However, these
				exceptions must be granted by the FNS, USDA, Washington, D.C.
30.2. Any deviation from the required meal
				pattern other than those described above must be approved in writing by the
				WVDE or WVDE Coordinator.
30.3.
				USDA regulations (7 CFR-220.8(f) require that schools shall make substitutions
				in foods for students with a disability. A child with a disability, as defined
				in 7 CFR Part 15b, is one who has "...a physical or mental impairment which
				substantially limits one or more major life activities..." Major life
				activities include the diet. Schools also may make substitutions for
				non-disabled students who are unable to consume the regular lunch because of
				medical or other special dietary needs.
30.4. Substitutions shall be made on a
				case-by-case basis only when supported by a statement of the need for
				substitutions that includes recommended alternate foods unless otherwise
				excepted by FNS. Such statements shall, in the case of a student with a
				disability, be signed by a physician or, in the case of a special needs
				student, by a recognized medical authority. The statement must be maintained on
				file in the school and available for audit. The statement needs to be updated
				each school year.
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 126-85-31 - Reimbursable Lunches

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. Lunches
				that meet USDA requirements are eligible for reimbursement. Only one lunch per
				day may be claimed for a student who is:
31.1.1. enrolled in the educational program
				of the SFA;
31.1.2. in attendance
				at the time of meal service; and
31.1.3. claimed by category established by
				currently approved free or reduced price meal applications.
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 126-85-32 - Higher Reimbursement Rates

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1. SFAs that served 60 percent or more
				free or reduced price meals during the second preceding year are entitled to a
				higher rate of reimbursement.
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 126-85-33 - Production Records

Current through Register Vol. XLI, No. 28, July 12, 2024
33.1.
				Production records for lunch are required in every child nutrition program in
				West Virginia. Booklets containing these production sheets as well as salad bar
				production sheets will be furnished by the WVDE. After completion, they should
				be kept on file in the school's child nutrition department for three years plus
				the current year.
33.2. A
				production record documents the menu and the quantities of foods served.
				Therefore, it is an excellent management tool. Basic information for a
				production record should contain:
33.2.1.
				menu items (recipe number if one is used, brand name of prepared
				entree);
33.2.2. portion size
				planned;
33.2.3. quantity/number
				of food/food items prepared;
33.2.4. number and size container (#10 can,
				pounds, count, etc.);
33.2.5.
				number of portions of food left over;
33.2.6. disposal of leftovers;
33.2.7. number students not yet served when
				food supply ran out;
33.2.8. offer
				versus serve;
33.2.9. date and day
				of the week;
33.2.10. number of
				meals served by category (children and adults);
33.2.11. meal pattern contribution of food
				items;
33.2.12. milk served with
				meals; and
33.2.13. name of person
				completing report.
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 126-85-34 - Afterschool Snacks Under National School Lunch Program

Current through Register Vol. XLI, No. 28, July 12, 2024
34.1. Snacks that meet USDA requirements are
				eligible for reimbursement. Only one snack per day may be claimed for a student
				who is:
34.1.1. enrolled in the educational
				program of the SFA;
34.1.2. in
				attendance at the time of the meal service; and
34.1.3. meets age criteria [pre-kindergarten
				through 18, (19 if enrolled)].
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 126-85-35 - Required Records

Current through Register Vol. XLI, No. 28, July 12, 2024
35.1. School
				food service staff must maintain the following records:
35.1.1. roster or sign-in sheet may serve as
				attendance records;
35.1.2. meal
				counts (total number of snacks served in area-eligible sites or total number of
				snacks served by category);
35.1.3. documentation of categorical
				eligibility of the site or individual student eligibility criteria.
35.1.4. production records to support
				compliance with the snack meal pattern;