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 126-85-134 - County Nutrition Advisory Council

Current through Register Vol. XLI, No. 28, July 12, 2024
134.1. In order to strengthen school child
				nutrition programs and to enlist the cooperation of school faculties, students
				and parents, SFAs may appoint a County Nutrition Advisory Council that includes
				representatives from the following groups: county administrators, school
				principals, teachers, health professionals, school food service personnel, lay
				citizens and students.
134.2.
				Responsibilities of the County Nutrition Advisory Council may include:
134.2.1. facilitating linages between
				nutrition services and the total school environment;
134.2.2. recommending guidelines and policies
				concerning the sales and service of foods and beverages;
134.2.3. recommending procedures for
				evaluating the nutritional content of foods and beverages sold in schools;
134.2.4. advising the county food
				service supervisor concerning the food service provided under the NSLA and the
				CNA;
134.2.5. developing the
				County Nutrition Plan; and
134.2.6. identifying resources for use in
				promoting and providing quality nutrition services.
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 126-85-80 - Excess Balance: Net Cash Resources

Current through Register Vol. XLI, No. 28, July 12, 2024
80.1. The WVDE shall review annually the net
				cash resources reported by the SFAs. If the net cash resources exceed three
				months normal operating costs then: a justification letter must be filed with
				the WVDE stating a short term plan of action for use of the funds; or
				adjustments in the rates of reimbursement shall be made until the net cash
				resources of the SFA are reduced to the required level.
80.2. If net cash resources are reflected as
				a negative amount, a justification must be filed with the WVDE along with the
				CNP Annual Report.
80.3. The SFA
				shall review annually the operating balance reported by the schools under its
				jurisdiction.
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 126-85-81 - Consolidation of Schools

Current through Register Vol. XLI, No. 28, July 12, 2024
81.1. The
				WVDE-ADM-29 (Daily Record of Program Operations) for individual schools are
				consolidated by the SFA into the WVDE-ADM-27 (Monthly Claim for Reimbursement).
				All SFAs are required to do daily edit checks for their individual schools
				(from the WVDE-ADM-29) before submission of their Claim for Reimbursement
				(WVDE-ADM-27). Failure to do edit checks as required by federal regulations,
				5210.8(a)(2) and (3), could read to forfeiture of the Claim for Reimbursement.
81.2. After the daily edit checks
				are performed and the schools' reports are consolidated, child nutrition
				program funds may be credited to the school food service program account(s) of
				the school(s) that the students will attend in proportion to the number of
				students involved.
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 126-85-82 - Pricing of Adult Meals

Current through Register Vol. XLI, No. 28, July 12, 2024
82.1. Meals
				served to teachers, administrators, custodians and other adults, such as school
				patrons, elderly volunteers and Foster Grandparents Program participants, must
				be priced so that the adult payments in combination with income from other
				sources (such as state or local fringe benefits or payroll funds, or funding
				from voluntary agencies) are sufficient to cover the meal costs. The charge for
				adult meals is determined by the county board of education and approved by the
				WVDE in the Agreement between SFA and SA. It is recommended that the charge(s)
				be established at or near the county per meal costs. Adult meals are not
				reimbursable nor counted in the commodity allocation entitlement.
82.2. 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. As such, their cost
				may be fully attributed to the nonprofit child nutrition program operation and
				supported by revenues to the child nutrition program. 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.
82.3. 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 reimbursed to the program from another funding source. These meals must
				be reported as non-program adult meals.
82.4. Student teachers and other persons
				working in the schools who are not enrolled in the educational program of the
				SFA are not eligible for free or reduced price meals. They must pay the same
				price as adults unless the cost is 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 126-85-83 - Inventory Records

Current through Register Vol. XLI, No. 28, July 12, 2024
83.1. A
				physical inventory of all food and supplies is required at year end in order to
				determine the cost of food and supplies used for reporting purposes (CNP Annual
				Report.) (The cost of food and supplies used is reflected in the annual cost
				per meal calculations at year end.). All inventories shall be maintained by a
				responsible person and copies shall be kept on file at the school for one year
				following the date that they are prepared. The "cost of food used" as reported
				for USDA reimbursement shall not include the value of USDA donated foods or
				missing inventory items.
83.2. A
				child nutrition program inventory of large equipment shall be maintained for
				each participating school. USDA regulations require a reconciliation of
				equipment on hand at the end of each school year. All food service equipment
				that has been fully depreciated must be removed from active inventory. Any new
				or transferred nonexpendible equipment with an acquisition cost of ($5,000 or
				more per unit) acquired during the year shall be routinely entered in the
				inventory on a predetermined date, no later than August 31.
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 126-85-84 - Equipment Depreciation

Current through Register Vol. XLI, No. 28, July 12, 2024
84.1.
				Each school must maintain a complete equipment inventory file that lists all
				non-expendable equipment. The inventory will include:
84.1.1. an assigned inventory number for each
				piece of equipment;
84.1.2. all
				equipment on hand for program use that has been purchased with an acquisition
				cost of $5,000 or more;
84.1.3.
				serial numbers where applicable;
84.1.4. the month and year of installation;
84.1.5. the month and year of
				initial depreciation;
84.1.6. the
				acquisition cost;
84.1.7. life
				termination date.
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 126-85-85 - United States Department of Agriculture (USDA) Food Service Equipment Assistance

Current through Register Vol. XLI, No. 28, July 12, 2024
85.1.
				Although Public Law 97-35 discontinued the Food Service Equipment Assistance
				(FSEA) Program that was previously available, equipment funded or partially
				funded with FSEA funds must comply with the following property management
				requirements contained in USDA regulations:
85.1.1. Disposition procedures must be
				followed when equipment is no longer needed for program purposes or when
				participation in the child nutrition program of the WVDE is discontinued.
85.1.2. Title for the equipment is
				vested in the purchaser.
85.1.3.
				Records shall be maintained that include a description of the equipment,
				manufacturer's serial number (or assigned identification), the acquisition date
				and cost, source or vendor, amount of FSEA funds, current location and use, and
				all final disposition data.
85.1.4. A physical inventory shall be
				conducted by the SFA at least once every two years.
85.1.5. Controls to prevent loss, damage or
				theft of the equipment and adequate maintenance shall 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 126-85-86 - Guidelines for Purchase of Computers for Automation of School Food Service Functions

Current through Register Vol. XLI, No. 28, July 12, 2024
86.1.
				Computers may be utilized to assist with several tasks related to the operation
				of child nutrition programs at both the school and sponsor levels.
				Administrative functions may include, but are not limited to, approving free
				and reduced price meal applications, maintaining a master list of students,
				assisting with point-of-service count, producing daily and monthly reports and
				documenting revenues and expenses. Meal service functions may include
				maintaining inventory records, documenting food production, calculating meal
				costs and assisting with menu planning.
86.2. Adequate documentation must be
				maintained to justify expenditure of program funds for both computer hardware
				and software.
86.3. Sponsors
				should approve all purchases made by individual school programs to ensure that
				hardware and software purchased with program funds will be compatible with the
				sponsor's plan for automation of child nutrition reporting.
86.4. Child nutrition program funds may be
				used to purchase hardware, software and supplies at 100% of the cost or
				pro-rated. Adequate documentation is required for either of these.
86.5. To comply with procurement regulations,
				CFR 7 Part 3016, pro-rated costs must be documented by time/usage records on
				the equipment.
86.6. If child
				nutrition funds purchase equipment at 100% of the cost, the hardware (including
				printers and modems) and software must be accessible at all times for use by
				personnel who are responsible for the various food service tasks.
86.7. If child nutrition funds purchase
				equipment on a pro-rated basis, the hardware and software must be located in a
				"general use" area of the school for accessibility. (For example, private
				offices and classrooms would not be considered "general use" areas.)
86.8. For pro-rated usage, records must be
				maintained to document usage by time (or other means) for food service
				functions. The records must justify the pro-rated portion of expenditures for
				hardware, including printers and modems, software and other supplies paid by
				child nutrition funds.
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 126-85-87 - Monitoring by School Food Authority (SFA)

Current through Register Vol. XLI, No. 28, July 12, 2024
87.1. AccuClaim regulations (7 CFR Part
				210.8) require each SFA to monitor it's program accountability. No less than
				one on-site review of the lunch counting and claiming system in place at each
				school must be completed by February 1 of each year. Each on-site review must
				ensure that the school's claim is based on the counting system authorized by
				the WVDE, and that the counting system, as implemented, yields the actual
				number of reimbursable free, reduced price and paid lunches for each day of
				operation. The monitoring reports must be maintained at the SFA office for
				review by the state and/or federal personnel. When the review discloses any
				problem requiring corrective action, a follow-up on-site review must be
				conducted within 45 days of the initial review to determine that the problem
				has been resolved. Documentation of the follow-up review must also be
				maintained at the SFA office. A sample sponsor on-site monitoring review form
				containing the required minimum review areas is available from the Office of
				Child Nutrition.
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 126-85-88 - Monitoring by State Agency

Current through Register Vol. XLI, No. 28, July 12, 2024
88.1.
				State and local education agencies are responsible for the administration and
				supervision of child nutrition programs funded under the NSLA and the CNA.
				Coordinators for the WVDE Office of Child Nutrition monitor local operations,
				provide technical assistance and assist with staff development of food service
				personnel.
88.2. Coordinators are
				responsible for monitoring programs in public schools in the 55 counties. The
				monitoring duties of these representatives are performed through On-Site Visits
				to review food program operations by reviewing reimbursement claims, program
				reports, management of food service funds, procurement practices, procedures
				for meeting dietary guidelines, and other aspects of the program.
88.3. Four types of reviews are conducted:
1) On-site visit,
2) Audits,
3) CRE, and
4) SMI.
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 126-85-89 - Corrective Action

Current through Register Vol. XLI, No. 28, July 12, 2024
89.1. If,
				during an On-Site Visit, a need for corrective action is found, the problem is
				noted on the Plan of Corrective Action form WVDE-ADM-42. Written response by
				the administrator is required within ten working days.
89.2. If, on the day of the review, the meals
				served do not meet USDA requirements for meal components and quantities, the
				entire reimbursement for the date of the visit will be deducted from the
				current claim for reimbursement.
89.3. Errors found during the review of free
				and reduced price meal applications are listed on the Form WVDE-ADM-43 (Noted
				Exceptions). The current monthly claim for reimbursement will be corrected
				through the day of the review. The reviewing official shall calculate the
				amount of overpayment or underpayment for meals claimed during the previous
				months and adjustments will be made by the WVDE finance office. Form
				WVDE-ADM-44 will be completed and a copy given to the SFA.
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 126-85-90 - Assessment Procedure Free and Reduced Meal Application

Current through Register Vol. XLI, No. 28, July 12, 2024
90.1. While checking applications during an
				On-Site Visit, if errors are found, the WVDE coordinator will allow the school
				official to make any correction possible at the time of the review. The
				remaining applications with errors will be listed on Form WVDE-ADM-43 (Free and
				Reduced Applications with Noted Exceptions). The school official will be given
				the opportunity to provide proof of the number of meals the student consumed
				using the date of the application approval, the school calendar, attendance
				register and/or meal participation roster (billing history). Meals to be
				assessed may be from the day of application approval to the day before the
				visit of the WVDE coordinator.
90.2. Assessment amounts will be calculated
				using the error code listed below:
90.2.1.
				Error Code A. Approved free should have been reduced. The difference between
				free and reduced reimbursement rate is multiplied by the number of meals served
				and claimed.
90.2.2. Error Code B.
				Approved free should have been ineligible. The free reimbursement rate is
				multiplied by the number of meals served and claimed.
90.2.3. Error Code C. Approved reduced should
				have been free; no assessment.
90.2.4. Error Code D. Approved reduced should
				have been ineligible. The reduced reimbursement rate is multiplied by the
				number of meals served and claimed.
90.2.5. Error Code E. Denied should have been
				free; no assessment.
90.2.6. Error
				Code F. Denied should have been reduced, no assessment.
90.2.7. Error Code G. Insufficient data.
				Based on the checked approval, either free or reduced, the assessment is
				calculated as in B and D.
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 126-85-91 - Assessment Procedure Meal Components and Quantities

Current through Register Vol. XLI, No. 28, July 12, 2024
91.1. During an On-Site Visit, the WVDE
				coordinator will determine if the meal served on the day of the review contains
				the components and quantities to meet meal pattern requirements. If the
				components and/or quantities are inadequate to meet USDA requirements, an
				assessment may be made for all reimbursement for that day's meal. If the school
				has a choice of menus and only one menu is inadequate in components and/or
				quantities, the Section 4 (total meals) reimbursement can be assessed, or a
				percentage of meals served may be assessed.
91.2. In schools with two serving lines, the
				line serving the menu choice with inadequate components and/or quantities is
				assessed.
91.3. When conducting an
				On-Site Visit menus may be examined using the production records, nutrition
				fact sheets, local recipes, standardized recipes, and other records documenting
				meal service. Meals determined to contain insufficient components in required
				quantities shall be found out of compliance.
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 126-85-92 - Adjustments/Repayment of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
92.1. There
				are several situations that arise requiring a SFA or school to repay funds to
				WVDE or claim additional funds due the SFA. The following methods shall be used
				for repayment.
92.1.1. When the situation
				requiring repayment occurs during the current federal fiscal year (October 1 to
				September 30), except for the month of September, the amount owed will be
				deducted from a future SFA claim by the WVDE finance office.
92.1.2 Federal funds from a previous federal
				fiscal year may not be recovered by reducing future claims. (For example, if an
				error occurs on the September claim, funds cannot be recovered from October's
				claim, and a check must be written to WVDE.)
92.1.3. There are situations that require
				both methods of repayment. (For example, during a review in December an error
				in application approval is found. The overclaim for meals claimed for
				ineligible children during September would be repaid by check (written to WVDE)
				while meals incorrectly claimed in October and November would be deducted from
				a future claim for reimbursement.)
92.1.3. There are situations that require
				both methods of repayment. (For example, during a review in December an error
				in application approval is found. The overclaim for meals claimed for
				ineligible children during September would be repaid by check (written to WVDE)
				while meals incorrectly claimed in October and November would be deducted from
				a future claim for 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 126-85-93 - Auditing

Current through Register Vol. XLI, No. 28, July 12, 2024
93.1. The Office of
				Management and Budget (OMB) Circular A-133, audits of states, local
				governments, and non-profit organizations establishes uniform audit
				requirements for state and local governments, or their subdivisions, that
				receive Federal financial assistance. The Circular requires recipients and
				subrecipients of Federal financial assistance to arrange for independent audits
				of financial operations, including compliance with certain provisions of
				Federal laws and regulations, and to assure that single audits are made in
				accordance with OMB Circular A-133.
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 126-85-94 - Coordinated Review Effort (CRE)

Current through Register Vol. XLI, No. 28, July 12, 2024
94.1. CRE is a two part review process that
				includes critical and general areas. A standard review form is used to ensure
				that the critical areas are reviewed in the same manner for all schools. SFAs
				are reviewed once every five year cycle.
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 126-85-95 - School Selection Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
95.1. All schools, with the exception of
				Residential Child Care Institutions (RCCIs), with a free average daily
				participation of 100 or more and a free participation factor of 100 percent or
				more must be reviewed. Selection of additional schools to meet the minimum
				number of schools to review must be based on the following criteria:
95.1.1. Elementary schools with a free
				Average Daily Participation (ADP) of 100 or more and percent free participation
				of 97% or more;
95.1.2.
				Combination schools with a free ADP of 100 or more and a percent free
				participation of 87% or more; and
95.1.3. Secondary schools with a free ADP of
				100 or more and a percent free participation of 77% or more.
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 126-85-96 - Coordinated Review Effort (CRE) Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
96.1. The CRE critical areas include
				performance standards 1 and 2. The two performance standards are designed to
				address accountability and nutritional integrity of child nutrition programs as
				identified by existing management and monitoring tools available to the USDA.
96.2. Critical areas.
96.2.1. Performance Standard 1 includes:
				eligibility certification, benefit issuance, updating eligibility, counting and
				claiming and lunch counts combined and recorded correctly.
96.2.2. Performance Standard 2 includes:
				Availability of meal components to all students and verification that all
				observed lunches claimed for reimbursement contain the required number of food
				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 126-85-97 - West Virginia Department of Education Addendum

Current through Register Vol. XLI, No. 28, July 12, 2024
97.1. General areas - school. General areas
				reviewed at the school level include: point of service meal counts, internal
				control, cash management, meal quality, school environment, and Standards for
				School Nutrition, Policy 4321.1, § 126-86.
97.2. General areas - SFA. General areas
				reviewed at the SFA level include: system for consolidating the claim for
				reimbursement, financial management of food service funds, direct certification
				of free/reduced price meal applications (if applicable), food service
				management company contract (if applicable), procurement procedures and Policy
				4321.1, Standards for School Nutrition, at § 126-86-10. Comprehensive
				County Plan To Address Health And Nutrition Re-Education.
97.3. Other areas - SFA. Other areas reviewed
				at the SFA level include: adult meal pricing, accruing program interest,
				program versus non-program adults, invoice distribution, administrative
				salaries, decentralized net cash balance, recent audit and annual 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 126-85-98 - Corrective Action

Current through Register Vol. XLI, No. 28, July 12, 2024
98.1.
				Corrective action is taken for any non-compliance noted in CRE critical or
				general areas, and/or the WVDE review areas.
98.2. Actions taken to correct a
				non-compliance must be documented by the SFA and reviewed by the WVDE.
				Documented corrective action may be submitted at the time of the review or sent
				to the WVDE certifying that the corrective action required for each
				non-compliance has been corrected along with notification of dates completed.
98.3. Documented corrective action
				must be postmarked or submitted to the WVDE no later than 30 days after the
				established deadline(s) for completion of each required corrective action, or
				as otherwise extended by the WVDE.
98.4. Problems identified must be corrected
				system-wide. Effective corrective action must be taken by the SFA in all
				schools and programs, not just those reviewed.
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 126-85-99 - Fiscal Action

Current through Register Vol. XLI, No. 28, July 12, 2024
99.1. Fiscal
				action must be taken for any non-compliance of CRE Critical Areas of review.
				Fiscal action may be taken for findings in the General Areas of review or
				reimbursement payments may be withheld.
99.2. Fiscal action is calculated after the
				SFA's documented corrective action has been reviewed by the WVDE. If a SFA
				fails to submit adequate corrective action by the due date (30 days), the WVDE
				may calculate fiscal action through the last serving day of the school year.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --This
				legislative rule establishes and affirms nutrition standards for childnutrition
				programs.
1.2. Authority. -- W. Va.
				Constitution, Article XII, §2; W. Va. Code §§
									18-2-5,
				18-5D-1,
				18-5D-2,
				18-5D-3,
				18-5D-4,
				18-5D-5,
				Healthy, Hunger-Free Kids Act
				42
				U.S.C. 1779 et seq., W. Va. 126 CSR 136, West
				Virginia Board of Education (WVBE) Policy 5202, Minimum Requirements for the
				Licensure of Professional/Paraprofessional Personnel and Advanced Salary
				Classifications (Policy 5202), and W. Va. 126 CSR 25A, WVBE Policy 2422.7,
				Standards for Basic and Specialized Health Care Procedures (Policy
				2422.7).
1.3. Filing Date.--October
				11, 2018.
1.4. Effective Date.--
				November 13, 2018.
1.5. Repeal of
				Former Rule. -- This legislative rule amends W. Va. 126 CSR 86, WVBE Policy
				4321.1, Standards for School Nutrition, filed August 10, 2017, and effective
				January 2, 2018.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. In West
				Virginia public schools, federally-funded school nutrition programs are
				available to provide nutritious food to all students. It is intended that these
				child nutrition programs remain the main source of foods and beverages
				available at school. These federal programs have specific requirements to
				ensure that adequate nutrients are offered to promote health. The Office of
				Child Nutrition (OCN) is the administering state agency in West Virginia for
				the United States Department of Agriculture's (USDA) Child Nutrition Programs.
				The West Virginia Department of Education (WVDE) will maintain a federal-state
				agreement with the USDA to operate child nutrition programs, through the OCN.
				Within the WVDE, the OCN will be tasked with the implementation, oversight,
				monitoring, provision of technical assistance, and related duties as they
				pertain to child nutrition programs. WVDE will abide by statutory regulations
				set forth by USDA and the federal government related to the operation of
				federally-funded child nutrition programs. In order to preserve high standards
				of health and wellness for West Virginia students, the OCN will review any
				federal changes to child nutrition programs and identify areas to maintain or
				strengthen standards. This policy also provides guidelines and best practices
				supporting good nutrition and food safety that will help schools take a
				comprehensive approach toward health and wellness in their school
				community.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-3 - Operational Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Bottled Water or Water. Plain natural water with or without carbonation and
				containing no additives.
3.2.
				Beverages and allowable limits. Determined and defined by USDA Smart Snacks
				guidelines, with the exception of caffeine. Caffeine is prohibited from being
				sold, served, or distributed in West Virginia public schools.
3.3. Child Nutrition Director. The person
				responsible for administering, planning, directing, assessing, implementing,
				and evaluating child nutrition programs in order to meet the nutritional and
				educational needs of students, as they relate to the child nutrition program;
				may also be titled as Food Service Director or School Nutrition
				Director.
3.4. Competitive Foods.
				Any food item that is sold in competition to the reimbursable school
				meal.
3.5. Food Service Area. Any
				area on school premises where reimbursable meals are served and/or consumed by
				students.
3.6. School Day. As
				defined by USDA guidelines, the period from midnight before, to 30 minutes
				after the end of the official school day.
3.7. School Campus. A collection of buildings
				and grounds that belong to a given academic institution.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-4 - Nutrition Standards for Child Nutrition Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Nutrition standards for federally-funded
				school and child nutrition programs are determined at the federal level. The
				WVDE is responsible for technical assistance and compliance monitoring related
				to program implementation at the local level.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-5 - Nutrition Standards for Competitive Foods and Beverages

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Smart Snacks in School nutrition
				standards apply to any foods sold to students during the school day on the
				school campus, including foods sold as fundraisers. Foods that do not meet
				these federal standards cannot be sold to students on the school campus during
				the school day. Standards do not apply during non-school hours, on weekends,
				and at off school campus fundraising events, though local wellness policies may
				still apply. These standards apply to foods sold outside the National School
				Lunch Program (NSLP) and the School Breakfast Program (SBP).
5.2. Food and beverage contracts must comply
				with W. Va. 126 CSR 202, WVBE Policy 8200, Purchasing Procedures for Local
				Educational Agencies.
5.3. Except
				for foods served in school nutrition programs, no food or beverage shall be
				sold, served, or distributed to students on elementary school campuses from the
				time the first child arrives at school until 20 minutes after all students are
				served lunch.
5.4. Foods and
				beverages may not be sold, served, or distributed in competition with federal
				child nutrition programs in school campus food service areas during the meal
				service periods.
5.5. In addition
				to caffeine, the sale, service, or distribution of any foods or beverages
				containing non-nutritive/artificial sweeteners is prohibited.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-6 - A La Carte Sales

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. To
				operate school-based nutrition programs as efficiently as possible, while
				maximizing federal reimbursement and minimizing the overall cost to the county,
				all meals must be priced and served as a unit. Only fluid milk and bottled
				water may be sold as a la carte items for breakfast and lunch at any grade
				level.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-7 - Availability of Drinking Water

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Schools participating in the NSLP must make potable water available to children
				at no charge where meals are served during the meal service. Schools shall make
				available water throughout the school day at no charge.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-8 - Adequate Time for Student Meal Consumption

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Adequate time is necessary for student
				meal consumption. Each student shall be allowed a minimum of ten minutes for
				breakfast and 20 minutes for lunch after the student received the
				meal.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-9 - Staffing

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. School
				Nutrition Directors are those individuals directly responsible for the
				management of the day-to-day operations of school food service for all
				participating schools under the jurisdiction of the school food authority
				(Local Educational Agency (LEA) participating in school nutrition programs).
				Requirements for certification include the following:
9.1.a. Initial Temporary Authorization for
				School Nutrition Director. The applicant for licensure must provide evidence of
				satisfying the following:
9.1.a.1. Degree. At
				a minimum, hold a bachelor's degree and a minimum 2.5 grade point average
				including six semester hours of coursework related to nutrition, food, and/or
				food service management or WVDE-approved training as provided by the OCN. The
				six semester hours or approved training must be completed within 90 days of the
				start date; and
9.1.a.2. Food
				Safety Training. The applicant for licensure must provide evidence of at least
				eight hours of food safety training obtained no more than five years prior to
				or within 30 days of start date; and
9.1.a.3. Recommendation of the County
				Superintendent. Receive the recommendation of the county superintendent in the
				county in which the applicant is employed verifying that the applicant is the
				most qualified candidate for the position; and
9.1.a.4. Validity Period. The temporary
				authorization for School Nutrition Director shall be valid for three
				years.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-10 - Local Wellness Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Each LEA
				must establish a local wellness policy for all schools participating in the
				NSLP and/or SBP under the jurisdiction of the LEA. The local wellness policy is
				a federal requirement that must include methods to promote student wellness;
				prevent and reduce childhood obesity; and provide assurance that school meals
				and other foods and beverages sold and otherwise made available on the school
				campus during the school day are consistent with applicable federal and state
				standards. Local wellness policies must include specific goals for nutrition
				promotion and education, physical activity, and other school-based activities
				that are designed to promote student wellness; standards and nutrition
				guidelines for all foods and beverages sold to students on the school campus
				during the school day that are consistent with federal regulations; standards
				for all foods and beverages provided, but not sold to students during the
				school day; policies for food and beverage marketing that allow marketing and
				advertising of only those foods and beverages that meet federal nutrition
				standards; and a description of the public involvement, public updates, policy
				leadership, and evaluation plan. Provisions in the final federal rule regulate
				that LEAs must establish wellness policy leadership of one or more LEA and/or
				school official(s) who have the authority and responsibility to ensure each
				school complies with the policy. Every school or county participating in the
				NSLP and/or SBP will inform the public about the content and implementation of
				the local school wellness policy. At a minimum, LEAs must permit participation
				by the general public and the school community (including parents, students,
				representatives of the school food authorities, teachers of physical education,
				school health professionals, the school board, and school administrators) in
				the wellness policy process. The final rule requires state agencies to assess
				compliance with the wellness policy requirements as part of the general areas
				of the administrative review every three years. LEAs must conduct an assessment
				of the wellness policy every three years, at a minimum. This assessment will
				determine compliance with the wellness policy, how the wellness policy compares
				to model wellness policies, and progress made in attaining the goals of the
				wellness policy. The USDA does not specify the frequency of updates to the
				local school wellness policy, as the need to update will vary based upon the
				content and structure of each LEA's policy.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-12 - Accountability and Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				As required by the Healthy and Hunger-Free Kids Act of 2010, the administrative
				review process in the NSLP and SBP has been established to utilize a unified
				accountability system designed to ensure that school food authorities offering
				school meals comply with program requirements. Additionally, this act requires
				state agencies to publicly disclose a summary of the administrative review
				results. These elements are expected to strengthen program integrity through a
				more robust, effective, and transparent process for monitoring school nutrition
				programs.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-13 - Feed to Achieve - Innovative Breakfast Delivery Strategies

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Each LEA
				shall establish and operate school nutrition programs under which, at a
				minimum, a nutritious breakfast and lunch are made available to all students
				enrolled in the schools of the county in accordance with WVBE standards. All
				West Virginia public schools are required to collaborate with the OCN to
				develop strategies and methods to increase the percentage of students
				participating in the school breakfast and lunch nutrition programs and to adopt
				a delivery system approved by the OCN to ensure that all students are given an
				opportunity to eat breakfast. These approved systems shall include, but are not
				limited to: Grab-and-Go Breakfasts, Breakfast in the Classroom, or Breakfast
				After First Period.
13.2. The OCN
				will maintain and communicate applicable federal and state guidelines regarding
				best practices in food waste reduction initiatives. Among these initiatives,
				shared table guidelines will be provided for LEA to successfully implement
				programs in their schools.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-14 - Rewards and Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. LEA
				are prohibited from penalizing students due to unpaid and/or outstanding meal
				debt. This includes, but is not limited to: denial of meals, prohibition of
				participating in extracurricular activities, the denial of participation in
				graduation, and/or the refusal of transcript requests. Students shall not be
				denied a meal or served an alternative meal as a result of unpaid meal debt.
				All communication addressing financial matters shall be directed to
				parents/guardians. Practices, including but not limited to, putting stickers or
				wristbands on children to remind parents/guardians to pay unpaid fees, are
				prohibited. Schools are prohibited from identifying or stigmatizing students
				with meal debt or requiring them to complete chores or work in exchange for
				meals.
14.2. Food and beverages
				shall not be offered as a reward and/or used as a means of punishment or
				disciplinary action for any student during the school day.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-15 - West Virginia Department of Education Nutrition Advisory Council

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The WVDE
				Nutrition Advisory Council, comprised of state and local administrators,
				educators, health professionals, food service personnel, and lay citizens, will
				remain apprised of current research findings in nutrition and assessing
				potential implications of findings for program development and
				implementation.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-086 - Standards for School Nutrition (4321.1) › Section 126-86-16 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. If any
				provision of this rule or the application thereof to any person or circumstance
				is held invalid, such invalidity shall not affect other provisions or
				applications of this rule.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-087 - Uniform Health Record Policy (4322) › Section 126-87-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes use of a uniform cumulative health record card for
				pupils in West Virginia schools.
1.2. Authority. -- W. Va. Code '18-2-5.
1.3. Filing Date. -- December 27,
				1982.
1.4. Effective Date. --
				February 27, 1983.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-087 - Uniform Health Record Policy (4322) › Section 126-87-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
Effective at the beginning of the 1981-82 school year, the
				  uniform health record card shall be adopted statewide for the following
				  categories of pupils:
1. All pupils
				enrolling in kindergarten and prekindergarten programs.
2. First graders who did not attend
				kindergarten.
3. All transfers from
				other schools.
Counties desiring to use another health card must request an
				  exception from the State Board of Education. However, the State Board will not
				  approve a local health record that does not contain the data required by the
				  state adopted uniform health record.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-087 - Uniform Health Record Policy (4322) › Section 126-87-3 - Review

Current through Register Vol. XLI, No. 28, July 12, 2024
The State Department of Education, in conjunction with local
				  educational agencies and the State Department of Health, will review the
				  uniform health record every five years to determine appropriateness of data and
				  need for revision. The first review will occur during the 1981-82 school
				  year.
West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-088 - Education Of Children Living More Than 2 Miles From School Or Nearest Bus Route (4333) › Section 126-88-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				compulsory school law shall be construed to apply to children more than two
				miles distant from school or bus route.
1.2. Authority. -- W. Va. Code '18-5-13(6)
				and '18-2-5
1.3. Filing Date. -- December 23,
				1982
1.4. Effective Date. --
				December 23, 1982