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Committee adopts substitute making county surveys and food-resource distribution mandatory for non-school days

March 04, 2025 | 2025 Legislature WV, West Virginia


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Committee adopts substitute making county surveys and food-resource distribution mandatory for non-school days
A Senate committee adopted a committee substitute for Senate Bill 155 that converts several county-level authorities regarding non-school feeding into requirements, and the committee voted to report the substitute to the full Senate with a recommendation that it do pass and with a referral under the original double committee reference to the Finance Committee.

Committee counsel Hank told members the substitute turns three county board authorities into duties: (1) conduct an annual countywide survey of public school students to confirm non-school eating patterns and availability of nutritious food when schools are closed; (2) collect and compile information about availability of food resources in the county during non-school days and distribute that information to students; and (3) provide the county’s survey, a summary of activities, findings or recommendations to the state. Counsel also said the substitute removes language that allowed schools to include feeding plans for emergency nontraditional or remote-learning days in crisis response plans.

Senators asked how the survey would be conducted and whether it would require counties to create lists identifying individual families. Counsel said the statutory language could be interpreted to require identification of students who may need assistance but noted the substitute does not specify the method; he also said the West Virginia Office of Child Nutrition would assist and facilitate the survey. The committee discussed whether families could opt out; counsel said the substitute’s language is not specific about opt-out procedures and that one plausible interpretation would be a countywide percentage survey rather than individually identifying families.

A senator from Wetzel asked what would happen after a list or information is compiled; counsel said the county would compile availability information and distribute it to students and could also facilitate connections between families and food providers but the substitute does not compel counties to supply food directly. The substitute requires distribution of information and facilitation of connections but does not impose an explicit duty to provide meals; committee members noted the bill aims to improve awareness and coordination rather than create a new entitlement to meals.

The committee agreed to the substitute by voice vote; the chair declared the ayes have it and said the substitute had been agreed to. The vice chair then moved that the committee report the substitute for Senate Bill 155 to the full Senate with a recommendation that it do pass, under the original double committee reference first to the Finance Committee; that motion passed by voice vote.

Key implementation clarifications discussed in committee: the West Virginia Office of Child Nutrition will assist counties in conducting surveys; the substitute requires counties to distribute compiled resource information to students (and could target distribution to those identified as in need), but it does not mandate that counties directly provide food or establish meal programs beyond existing child-nutrition operations.

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