Texas public school nutrition policy
In 2004, the Texas Department of Agriculture (TDA) implemented a much more restrictive policy on foods provided to students. The policy is aggressively enforced, and stricter penalties for violations are now in place. Schools found to have violated the policy will lose all meal reimbursement for the day the violation occurred and will be required to reimburse the food service account for the disallowed reimbursement. The policy applies to foods of minimal nutritional value (FMNV), any type of candy, and “competitive foods,” which are all foods and beverages not provided by school food service. The policy also limits the number of grams of fat and sugar Texas schoolchildren are served each week, restricts portion sizes for items such as chips, cookies, frozen desserts and beverages, and beginning in 2009-10 eliminated deep-fat frying in schools. Nutrition policy exemptions allow for such events as birthday parties and classroom snacks (see Exemptions). The full Texas Public School Nutrition Policy is available on the Texas Department of Agriculture (TDA) website. Policy highlights include:
| Policy | Elementary School (a campus containing a combination of grades early elementary to 6) |
Middle/Junior High School (a campus containing grades 6, 7 and 8; grades 7 and 8; or grades 7, 8 and 9) |
High School (a campus containing a combination of grades 9, 10, 11 and 12) |
|---|---|---|---|
FMNV AND ALL |
Not allowed to be provided to students any time anywhere on school premises until after the end of the last scheduled class. (see Exemptions) |
Not allowed to be provided to students any time anywhere on school premises until after the end of the last scheduled class. (see Exemptions)
|
Not allowed to be provided to students any time anywhere on school premises until after the end of the last scheduled class. (see Exemptions) |
| COMPETITIVE FOODS (all foods and beverages not provided by school food service) |
Not allowed to be provided to students any time anywhere on school premises until the end of the last scheduled class. (see Exemptions) |
Not allowed anywhere on school premises from 30 minutes before to 30 minutes after meal periods. | Not allowed during meal periods in areas where reimbursable meals are served and/or consumed. |
How is a “school day” defined?
The school day is defined as beginning with the start of the first breakfast period until the end of the last instruction period of the day (last bell). School activities, athletic functions, etc., that occur after the normal school day are not covered by this policy. If a school operates the federally funded After School Snack Program, the policy will be in effect until this concludes for the day.
Which school-level policy should K-12 schools follow?
K-12 schools may follow the policy requirements for middle/junior high schools.
Does the nutrition policy apply to food fund-raising activities?
No food fund-raising will be allowed on an elementary school campus during the school day; however, schools or school-approved organizations may take orders or sell vouchers during the school day for candy or other restricted items and deliver these items after the end of the school day. Food fund-raising is allowed on middle and high school campuses, but is limited to specific times during the school day according to the competitive foods and nutrition policy rules outlined above and in the Texas Public School Nutrition Policy.
Any questions or concerns regarding the Texas Public School Nutrition policy may be directed to the TDA, Food and Nutrition Division, P.O. Box 12847, Austin, TX 78711 (toll-free phone: 888-TEX-MEAL; or by e-mail).
Wellness policy
Each school district participating in school nutrition programs authorized by the National School Lunch Act and the Child Nutrition Act of 1966 is required to have a Wellness Policy in place, which includes goals for nutrition education, physical activity and nutrition guidelines, and a plan for measuring implementation of such policy. Further information may be accessed on the TDA website.
FMNV and nutrition policy exemptions
| Where & When | Nutrition Policy |
| School nurses | This policy does not apply to school nurses using FMNV during the course of providing health care to individual students. |
| Students with special needs | Special needs students whose Individualized Education Program indicates the use of an FMNV or candy for behavior modification (or other suitable need) may be given FMNV or candy items. |
| School events | Students may be given FMNV, candy items or other restricted foods during the school day for up to three different events each school year to be determined by campus. The exempted events must be approved by a school official. During these events, FMNV may not be given during meal times in the areas where school meals are being served or consumed, and regular meal service (breakfast and lunch) must continue to be available to all students in accordance with federal regulations. Schools will not be reimbursed for meals served for any days in excess of the three event days. |
| TAKS test days | Schools and parents may provide one additional nutritious snack per day for students taking the TAKS tests. The snack must comply with the fat and sugar limits of the Public School Nutrition Policy and may not contain any FMNV or consist of candy, chips or dessert type items (cookies, cakes, cupcakes, pudding, ice cream or frozen desserts, etc.). Packaged snacks must be in single-size servings. |
| Instructional use of food in the classroom | Teachers may use foods for instructional purposes as long as the food items are not considered FMNV or candy. Students may consume food prepared in class for instructional purposes on an occasional basis, but food may not be provided or sold to other students or classes. Food provided for students as part of a class or school cultural heritage event for instructional or enrichment purposes would be exempt from the policy. However, FMNV may not be served during meal periods in the areas where school meals are being served or consumed, and regular meal service must continue to be available to all students. |
| Field trips or athletic, UIL, band or other competitions | The nutrition policy does not apply to students who leave campus for school-approved field trips or to travel to athletic, UIL, band or other competitions. The school day is considered to have ended for these students. School activities, athletic functions, etc., that occur after the normal school day are not covered by the policy. |
| Elementary school classroom snacks | Elementary classrooms may serve one nutritious snack per day in the morning or afternoon (not during regular meal periods for that class) under the teacher’s guidance. The classroom snack may be provided by the school food service, the teacher, parents or other groups and should be at no cost to students. Prepackaged snacks must comply with the fat and sugar limits of the Public School Nutrition Policy and must be single-size servings. All snacks (homemade and prepackaged) may not contain any FMNV or consist of candy or dessert type items (cookies, cakes, cupcakes, pudding, ice cream or frozen desserts, etc.). |
| In-classroom birthday parties | Foods otherwise restricted by the policy are permitted at student birthday parties. It is recommended that such parties be scheduled after the end of the lunch period for that class so that these celebrations will not replace a nutritious lunch. |
| Child's lunch or snacks brought from home | State policy does not restrict what foods or beverages parents may provide for their own children’s consumption, but explicitly states that school officials may adopt a more restrictive local policy. |
Updated: 09/09/10