Many school districts and charter schools rely on fundraising activities for clubs and sports that involve the sale of food and beverages, but that practice may need to be curtailed under new guidance from PDE requiring more creative fundraising or selling of healthier foods.
The USDA has issued nutrition standards for all foods that are sold on school grounds during the school day, commonly referred to as the Smart Snacks in Schools Standards.
The Standards impose limits on various nutritional aspects of food sold in schools, including things such sugar content, calories and sodium content. Included in these standards is any food, subject to some exceptions, sold in school during the school day, including foods and beverages sold as part of a fundraiser.
Of note, the “school day” has been defined broadly to include from midnight of the school day until thirty minutes after the end of the official school day, which means all activities involving the sale of foods in the morning prior to the start of the school day and activities for the thirty minutes after school ends are subject to the Standards.
The Standards do not apply, however, to food sold off school property or through mailings sent home, such sub or pizza orders. Therefore, booster organizations should only be impacted if they wish to sell food during the school day.
The Standards would not apply to sporting events if they occur off campus, although for away games during the defined school day period, they would apply for the school where the event is held. Therefore, unless the events occur right after school, this would have a limited effect for sports.
Under the guidance provided by PDE, there are now limits for fundraisers that do not meet the Standards. PDE has limited this to five (5) fundraisers per year per building in elementary and middle schools and ten (10) per year per building in high schools for the 2014-2015 school year. Each fundraiser is permitted to run no longer than one school week and exempt fundraisers may not occur in food service areas during meal times.
In addition, school entities are encouraged by PDE to put systems in place to ensure that the number of exempt fundraisers is not exceeded. PDE has noted that these standards will be reviewed and re-evaluated for subsequent school years.
Thus, bake sales, candy bar sales, vending machine sales and the like which may be used to support school sponsored activities or clubs that occur during the school day, as that terms is defined under the regulations, on school property must comply with the Standard or count towards that school building’s number of exempt fundraisers for which a large number of activities and clubs are like to fight over the small number of exempt activities provided for under PDE’s guidance.
The Bottom Line
What happens if a school does not comply? The state or federal government may withhold funding for lunch or breakfast programs. Schools will need to make sure they comply with the limits imposed by PDE, which require that organizations know if they need an exception to food or beverages they wish to sell meet the Standards, and, if they do not meet them, likely will have to fight with other organizations for the limited number of exemptions provided for under PDE’s regulations.
School Law Bullets are a publication of the KingSpry Education Law Practice Group. John E. Freund, III, is our editor. The article is meant to be informational and does not constitute legal advice.
