W. Va. Code R. § 126-85-112

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-85-112 - Meal Service for Children with a Disability and Students with Special Dietary Needs

112.1. Schools shall make substitutions in foods for students with a disability under 7 CFR Part 15(b) and whose disability restricts their diet. Schools may make substitutions in foods for nondisabied students who are unable to consume the regular lunch because of medical or other special dietary needs.

112.2. These meals/substitutions must be provided at no additional charge or free or reduced to those with approved free and/or reduced price applications on file. Special equipment for preparation and utensils for eating are allowable costs.

112.3. Schools shall require parents/guardians of children with or without a disability who have need of special meals to provide medical certification that 1) verifies special meals are needed because of the child's disability or medical condition and 2) prescribes the alternate foods and forms of foods needed to meet the child's special dietary needs. Substitutions shall be made on a case-by-case basis. Such statement shall, in the case of a student with a disability, be signed by a physician or, in the case of a student without a disability, by a recognized medical authority. The statement must be updated each school year.

112.4. The Standards for School Nutrition, Policy 4321.1, requires additional foods be provided for pregnant and lactating students as specified in Section 4.1 Lunch Implementation Option A. When breakfast and lunch are considered together or in combination with a snack, the school shall provide:

112.4.1. a total of 5 oz. of protein foods, 1 oz. of which shall be 1 oz. cheese, 1 cup yogurt or 8 oz. fluid milk;

112.4.2. 3 servings from the grain group, preferably from whole grains;

112.4.3. 1 -1/4 cups from the fruit and vegetable group; and

112.4.4. 16 oz. from the milk group.

112.5. In these additional foods the following option shall be allowed:

112.5.1. 1 cup of fruit in place of one serving of the grain group once a week.

W. Va. Code R. § 126-85-112