Frequently Asked Questions and Answers Concerning the Wellness Policy

1.      Where can I find the state and federal regulations behind the District Wellness Policy?

There are four pieces of legislation that were taken into consideration when developing the District Wellness Policy.  They are:

USDA, Chapter II – Food and Nutrition Services, Subchapter A – School Nutrition Programs

Child Nutrition and WIC Reauthorization Act of 2004

State Chapter 51, 20-A MRSA, Section 6602

State Chapter 435, 20-A MRSA, Section 6661

 

2.      Where can I find the federal definition and listing of foods of minimal nutritional value?

These foods appear online in Federal Regulation 7CFR210 Appendix B at: www.fns.usda.gov.  Foods listed include: SODA WATER; WATER ICES; CHEWING GUM; and certain candies such as: HARD CANDY, JELLIES and GUMS, MARSHMALLOW CANDIES, FONDANT, LICORICE, SPUN CANDY, and CANDY-COATED POPCORN. This regulation can be accessed at http://www.fns.usda.gov/cnd/menu/fmnv.htm

 

3.      How much time should I put into teaching daily nutrition tips?

The operative word is “tips,” and students should be exposed to daily sound bytes of information that will help guide them in making informed, healthy food choices at lunch.  This activity should take no more than two or three minutes. 

 

4.      Is holding a “celebration of reading” party with food considered a use of “food as a reward to motivate behavior” and no longer acceptable?

This is a tricky area.  Celebrations and social events are great for our mental health and often appropriate.  This is different than overtly setting up a linear sequence in which at specific steps in a process if a task is completed, then food is provided.  A good question to ask yourself as a screening tool is “If my student(s) does ____, will they then be given some kind of food?”  (i.e. for doing homework you receive a piece of candy.)  Use of food in this way is not in anyone’s best interest, and the District considers non-food alternatives to reward behavior best practice.  A list of non-food rewards can be obtained by accessing the District Health website.

 

5.      Can a student bring foods of minimal nutritional value from home?

Yes, the Policy does not apply to foods and beverages brought to school by students. The District will provide information to parents encouraging them to use their discretion and judgment when sending foods to school with their children that nurture a healthy mind body connection.

 

6.      How can I make time for daily physical activity when there are days when I cannot even accomplish half of what is required for reading and math?

Everyone – students and faculty – needs energizing motor breaks for their minds and bodies to work effectively together.  It is a simple matter of getting red blood cells and oxygen to the brain.  Taking time for a little motor break may seem like you are losing time, but you will actually gain in terms of the speed with which your students will process information.  Motor breaks can also be integrated into your teaching strategies with more action-based learning techniques in which students are standing up and moving their bodies while you are teaching.

7.      Can a student stay in from recess to finish or make up work or to spend more time going over a concept they do not understand?

This is another tricky area.  It is critical for every student’s health that he/she goes outside for fresh air and unstructured social time with his/her peers.  Recess should not be withheld as a punitive measure, unless the building principal deems there is a safety issue.  From time to time, it may be in a student’s best interest to stay inside for extra help understanding a concept.  In this case, it is recommended the student still be given a few minutes to get outside for a very brief recess period.  

 

8.      If a student is sick, does he/she still have to go outside for recess?

If a student is well enough to come to school, then he/she will be sent outside for recess.  The school nurse will determine the only exceptions.

 

9.      What if a student does not come to school with appropriate attire to go outside (mittens, hats, warm jackets)?

If students do not have the appropriate clothing, they should not be sent outside.  Parents/guardians will need to be contacted and appropriate clothing requested.

 

10.   During the school day can groups or organizations sell food items to students?

No, the School Nutrition Program is the only entity that can sell food and beverages to students during the school day (the school day is considered to begin one-half hour before the first bell rings until the end of the last period of the day).

 

11.   The Policy distinguishes between functions that are open to the public and those that are not.  What is the difference?

A closed or non-public function is one that involves only our students (i.e. a school dance).  A public function is one in which the public is welcome to attend (i.e. a sporting event).

 

12.   Can foods of minimal nutritional value be sold to students?

Foods of minimal nutritional value can never be sold to students during the school day and never at closed functions.  Foods of minimal nutritional value can be sold to students at public events. However, the District encourages healthy choices to also be available.

 

13.   Can bake sale items such as donuts, whoopie pies, or cupcakes be sold to students?

In most cases, donuts, whoopie pies and cupcakes do not meet federal requirements unless they are specially prepared.  If these foods do not meet requirements, then they cannot be sold to students unless it is after school hours or at a public event.

 

14.   Can students, parents, and other organizations keep the funds received from the sale of acceptable foods and beverages?

Yes, as long as it is done after school and as long as foods of minimal nutritional value are not sold to students at closed functions.

 

15.   Can Girl Scout cookies be sold outside the school day?

Yes, but only if the sale is after school hours to the public and during an event, not at closed events such as school dances.

 

16.   Can we take ORDERS for foods of minimal nutritional value (such as candy bars, cakes, coffee, etc.) during the school day?

No, this is still considered the sale of foods of minimal nutritional value and is in direct conflict with the intent of our District Wellness Policy.

 

17.   Can a student organization sell foods of minimal nutritional value to the public at a community event?

Yes, as long as it is not during the school day, and there are healthy choices in addition to the foods of minimal nutritional value.

 

18.   Do the funds from the sale of acceptable foods and beverages sold on school property have to go to the School Food Service Program?

Yes, if the sales take place during the school day and no if the sales take place after the school day.

 

  1.  Can a school board by policy allow soda to be sold in any vending machine?

No and yes.  Chapter 51 restricts the sale of soda to students at any time in school vending machines.  Exceptions can be made by the School Board via policy to allow for the sale of foods of minimal nutritional value to adults; however, vending machines in teachers rooms must be off limits to students at all times. 

 

20.   Can a PTO sell acceptable foods and beverages such as apples to students after school, and who benefits from the sale?

Yes, apples are an acceptable and encouraged food.  The District Policy permits the sponsor to benefit from the sale of acceptable food items after school hours. 

 

  1.  If there is a school dance that is open to District students only and food is sold, who would benefit from the sales and what foods can be sold?

District Policy permits organizations to benefit from food sales before and after the school day.  The food items sold cannot include foods of minimal nutritional value (no soda or candy can be sold).

 

22.   Does Chapter 51 prevent the School Nutrition Program from continuing to sell cookies, brownies, or cakes as part of the a la carte offerings?

No and yes, these baked goods can only be sold if they are not considered to be of minimal nutritional value.  They must supply at least 5% of at least one of eight selected nutrients (protein, calcium, vitamin C, vitamin A, riboflavin, thiamin, niacin, and iron) per serving or per 100 calories.

 

23.   Can a student organization sell candy as a fundraiser?

Yes, but this can only be done off school property.  This includes both the sale of the actual product and taking orders for the product.  It should also be noted the District Policy does not encourage the sale of candy for fund raising and encourages organizations to sell healthy foods or non-food items.

 

24.   Can student organizations sell non-food items for fundraising purposes?

Yes, the District Policy applies to the sale of foods and/or beverages however the sale of non-food items is preferred and encouraged.

 

25.   Can foods of minimal nutritional value such as cupcakes or cookies be provided to students for celebrations/parties?

Yes, as long as there are also healthy choices available and nothing is being sold.

 

  1.  Are cough drops and chewing gum defined as foods?

Yes, Federal Regulations consider cough drops and chewing gum foods of Minimal Nutritional Value. (This regulation can be accessed at: www.fns.usda.gov.)  These foods cannot be sold, and the practice of giving them as a reward is strongly discouraged.

 

27.  Can soda, chips, candy, and baked items be sold to the school staff?

Yes, but this can only be done in such cases as the Functional Life Skills Program.  However, healthy foods should be available as a choice; and price differentials should be used to encourage purchasing the healthier food items.

 

28.  Can school staff collect money from students to support a classroom pizza party?

No, collecting money to pay for student participation in any kind of food party is considered a food sale and cannot occur during the school day since it is in competition with the National School Lunch Program.  Classrooms and student organizations can work through the School Nutrition Program which will provide this service for them.

 

 

29.   Can outside groups (i.e. Lions Club) that sell foods and beverages, keep their profits for their own use?

Yes, as long as the sale occurs after school hours and it is a public event.  All organizations are encouraged to always have healthy food and beverages available as a choice.