(a) The following are exemptions to this subchapter.

(1) School Nurses. This policy does not apply to school nurses using FMNV during the course of providing health care to individual students.

(2) Accommodating Students with Special Needs. Special Needs Students whose Individualized Education Program (IEP) plan indicates the use of an FMNV or candy for behavior modification (or other suitable need) may be given FMNV or candy items.

(3) 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, in writing, 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.

(4) 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 fat and sugar limits of this subchapter 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. These snacks are not part of the After School Care program but a nutritious snack served by the school/parents to students.

(5) Instructional Use of Food in Classroom. For instructional purposes, teachers may use foods as long as the food items are not considered FMNV or candy. Students may consume food prepared in class for instructional purposes. However, this should be on an occasional basis, and 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 (breakfast and lunch) must continue to be available to all students.

(6) Field Trips. School-approved field trips are exempt from this subchapter. A school official must approve, in writing, the dates and purposes of the field trips in advance.

(7) Athletic, UIL, Band, and Other Competitions. This subchapter does not apply to students who leave campus 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 this subchapter.

(8) In-classroom birthday parties.

(A) Parents or grandparents of a student may bring food items that may be otherwise restricted by this subchapter for an in classroom birthday party on the occasion of the child's birthday. However, the birthday parties must be held after the class' lunch period so as not to spoil the children's appetite for a nutritious meal.

(B) Parents or grandparents may bring restricted food items for children at a school designated function. However, the function must be one of the school's allotted three event days per year. Schools will not be reimbursed for meals served for any days in excess of the three event days per year permitted in paragraph (3) of this subsection.

(b) This subchapter does not restrict what parents may provide for their own child's lunch or snacks. Parents may provide FMNV or candy items for their own child's consumption, but they may not provide restricted items to other children at school. A school may adopt a more restrictive rule, however, as local policy.  

Source Note: The provisions of this §26.7 adopted to be effective February 26, 2009, 34 TexReg 1231