W. Va. Code R. § 126-86-11

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

Section 126-86-11 - Special Dietary Considerations and Food Allergies

11.1. Special care and consideration must be taken regarding any and all scenarios where students with special dietary needs and food allergies are present.

11.2. Only a parent, guardian, or designee as provided in writing to the school, may deliver outside foods and beverages to their own student at school. This does not apply to food that is provided for a special event inclusive of all students in the class.

11.3. Local wellness policies that are set and maintained at the LEA are a federal requirement. Snacks provided to students during the school day will meet standards set by the county in accordance with their local wellness policies. If the county chooses to allow outside foods to be made available for the general student population, they will communicate with parents/guardians acceptable foods and beverages that meet nutrition and safety standards for classroom snacks and celebrations. Students with special dietary needs and food allergies must be considered at all times when outside foods are provided in a general setting. Schools should operate with the utmost care and caution when allowing outside foods to be provided to students. Counties must use their local wellness policies to identify their plan to accommodate students with special dietary needs and food allergies when choosing to allow outside snacks to be provided. School health teams can serve as resources.

11.4. Students with disabilities who have chronic conditions, including but not limited to asthma, diabetes, gastrointestinal disorders, cardiac disorders, and known food allergies, are eligible for a locally-developed Individualized Health Care Plan prepared by the certified school nurse; a Section 504 Plan; or an Individualized Education Program inclusive of a Medical Statement for Special Dietary Needs.

11.5. As directed in Policy 2422.7, all public schools are required to report any reactions resulting in the administration of epinephrine injections and administration of naloxone in their county. Other food safety concerns including contaminants such as drugs, chemicals, microorganisms and unknown substances, allergic reactions, medication incidents, etc., shall also be reported. The incidents shall be reported to the West Virginia Poison Center by calling 1-800-222-1222 after emergency medical services has transported the student or staff member to acute care. The notification should include the name of the student, the student's age and gender, date and the approximate time the incident occurred, symptoms observed, who administered the injection, the name of the school the student attends, a contact telephone number, if appropriate the rationale for administering the injection, the response to the epinephrine administration, the dose of epinephrine administered, and any other necessary elements to provide a complete report for the individual situation. The West Virginia Poison Center will provide the expertise during a potential concern, and will work collaboratively with schools and parents/guardians and provide data upon request to the public schools, LEA, and annually to the State Superintendent of Schools.

W. Va. Code R. § 126-86-11