Make available vegetarian meal option for students enrolled in schools, provided that such meals comply with all applicable federal nutritional guidelines

HB 4871 Text

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= existing Code.
Red
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WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION

FISCAL NOTE

Introduced
House Bill 4871
By Delegates G. Howell, Pritt, Foggin, Dean, Stephens, Toney, Statler, Ellington, Campbell, Garcia, and Dittman
BY REQUEST
[Introduced January 28, 2026; referred to the Committee on Education]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article designated §18-5H-1, §18-5H-2, §18-5H-3, §18-5H-4, §18-5H-5,and §18-5H-6, relating to meal options in schools; providing legislative findings; authorizing rulemaking authority; and establishing a process to provide students a vegetarian meal option.
Be it enacted by the Legislature of West Virginia:

ARTICLE 5H. Vegetarian meal options in public school nutrition programs.

§18-5H-1. Legislative findings.

The Legislature finds that participation in school nutrition programs is essential to student health and academic success and that federal law permits vegetarian meals to qualify as reimbursable meals when they meet applicable nutritional standards. The Legislature further finds that some students voluntarily follow vegetarian diets and that reasonable planning by school systems can accommodate such diets without undue administrative or financial burden.

§18-5H-2. Requirement to make vegetarian options available.

Each county board of education operating a school nutrition program shall make available a vegetarian meal option for students enrolled in its schools, provided that such meals comply with all applicable federal nutritional guidelines and reimbursement requirements established under the National School Lunch Program and School Breakfast Program.

§18-5H-3. Advance request requirement.

A county board of education may require that a request for a vegetarian meal option be submitted in advance in accordance with procedures established by the board.
(1) The procedures may include reasonable deadlines to allow for menu planning, food ordering, and meal preparation.
(2) If a vegetarian meal option has not been requested in advance in accordance with the board’s procedures, the school shall not be required to provide a vegetarian meal option on that day.

§18-5H-4. Local implementation authority.

County boards of education shall have authority to determine the method of

implementation, including but not limited to:
(1) The form and manner of advance requests;
(2) The duration for which a request remains valid;
(3) Menu planning and meal service logistics; and
(4) Procedures to ensure compliance with applicable federal reimbursement standards.

§18-5H-5. No expansion of medical or religious accommodation requirements.

Nothing in this section shall be construed to alter or expand existing federal or state requirements regarding medical or disability-based dietary accommodations, which shall continue to be governed by applicable law.

§18-5H-6. Rulemaking authority.

The State Board of Education may promulgate rules consistent with this section to provide guidance to county boards of education and to ensure compliance with federal school nutrition requirements.

NOTE: The purpose of this bill is to provide students enrolled in schools with the option of vegetarian meals which comply with all applicable federal nutritional guidelines.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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