West Virginia Code § 18-5D-3

School nutrition programs
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(a) Each county board of education shall establish and operate school nutrition programs
under which, at a minimum, a nutritious breakfast and lunch are made effectively available
to all students enrolled in the schools of the county in accordance with the State Board of
Education standards. The standards shall include guidelines for determining the eligibility of
students for paid, free and reduced meals. The standards shall also establishe procedures and
guidelines for the Feed to Achieve initiative to allow for the provision of healthy, nutritious
meals to all elementary school students, without cost to students, wherre schools find it
practical to do so.
(b) The Feed to Achieve initiative will be phased in for all elementary schools as sufficient
funds become available, through donations, contributions antd payments made by individuals,
communities, businesses, organizations and parents or guardians on behalf of students.
Nothing in this article prohibits any school from providing free meals to all of its students.
(c) Each county board of education shall: l
(1) Require all schools to adopt a delivery system approved by the state Office of Child
Nutrition, no later than the 2015 school yeiar, that ensures all students are given an
adequate opportunity to eat breakfagst. These approved systems shall include, but are not
limited to, Grab-And-Go Breakfasts, Breakfast in the Classroom or Breakfast After First
Period; and
(2) Collaborate with the state Office of Child Nutrition to develop strategies and methods to
increase the percentage of children participating in the school breakfast and lunch nutrition
programs.
(d) In additionV to other statistics, the county boards of education, in consultation with the
state Office of Child Nutrition, shall determine the number of children in each school who
are participating in each meal offered by the school; the number of children who are not
eating each meal offered by the school; and the total daily attendance.
(e) The state Office of Child Nutrition shall report to the Joint Committee on Government and
Finance, the Select Committee on Children and Poverty and the Legislative Oversight
Commission on Education Accountability on or before December 31, 2015, and each year
thereafter, on the impacts of the Feed to Achieve Act and any recommendations for
legislation.
(f) County boards of education may utilize the nonprofit funds or foundations established in
section four of this article or other available funds to offset the costs of providing free meals,
after school and summer nutrition programs to elementary students.
(g) If at any time federal financial appropriations to this state for school nutrition programs
are terminated, county boards of education are hereby authorized, but not required, to
continue the programs at their own expense.
(h) Classroom teachers may not be required to participate in the operation of the school
breakfast program as part of their regular duties.

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