Idaho was slapped last year with a failing grade by a nonprofit Washington D.C.-based organization, because the Legislature doesn't have any requirements for school nutrition policies, aside from federal regulations.

The Center for Science in the Public Interest - which has operated out of Washington D.C. and Canada since 1996 - gave Idaho, along with 20 other states, failing grades on their 2007 "School Foods Report Card" released Nov. 28.

The 501(c)3 group advocates on issues such as nutrition, food safety, health and the environment. It spent more than $10 million on nutrition and health-related books, brochures and periodicals dispersed to the public, according to its 2005-06 IRS tax information.

No states received an "A" on their report card - but Kentucky and Oregon ranked highest with an "A-" - this because their school food policies crack down on "sugary drinks" sold from vending machines and snack foods deemed unhealthy.

The 2007 study analyzed foods sold outside of meal programs for all grade levels at schools across the country - available a la carte or in vending machines.

Other schools that received failing grades from the study include those in Ohio, Utah, Vermont, Wisconsin, Wyoming and Alaska. Many of the "failing" states follow federal regulations, but have no additional state mandates for school food policies.

"The nation has a patchwork of policies addressing the nutritional quality of school foods and beverages and two-thirds of states have weak or no policies," according to the study.

The study found that only 22 percent of states have school food and beverage programs that apply to the whole campus, for whole days, including all grade levels.

But state and local education officials aren't concerned by the study's findings.

"Studies of this nature do not show the whole picture," said Colleen Fillmore, director of child nutrition programs for the Idaho State Department of Education. "The sad thing about this is that it did not take into account several great things that Idaho is currently doing. They obviously only looked at legislative mandates and gave (an) 'F' just for that."

Even though the Legislature hasn't implemented any requirements beyond USDA rules, Fillmore's department works beyond those regulations. She said Idaho has been only one of a few states to receive substantial federal nutrition grants, and is one of 13 states to have implemented the federal Fresh Fruit and Vegetable Program. She said state authorities have given presentations at USDA conferences and shared the "success" of Idaho's school food projects with other states.

Some local school district officials said the study really wasn't fair. "Our program has always been, in my opinion, outstanding," said Twin Falls Superintendent Wiley Dobbs, who hadn't heard of the study group.

The school district - which has 11 soda vending machines and three milk vending machines - has its own "wellness" policy.

And some states with good grades on their school food report cards have policies that mirror ones at Twin Falls schools. Like high-ranking Kentucky, in the district's junior and high schools no vending machine and a la carte foods or beverages can be sold until at least 30 minutes after meal times.

Twin Falls district policy "encourages" that those items be healthy - such as water, milk, juice beverages and "healthy snack foods." But Kentucky law takes school nutrition a step further by restricting the sale of foods and beverages based on fat, sugar and calorie counts.

At O'Leary Junior High School, "several" pop machines were recently phased out and replaced by a milk machine, granted in 2006 by the United Dairymen of Idaho. It stands by the gymnasium near water and sports drink machines. They're all outside the cafeteria for students and visitors and "discourage kids from eating poorly," according to information from the district.

School vending machines have become a controversial issue in recent years. The People for the Ethical Treatment of Animals, or PETA, filed complaints in 2003 against schools in Florida for replacing soda machines with milk machines - arguing some flavored milks have more sugar, fat, cholesterol and calories than pop.

Twin Falls High School has three diet soda machines, along with two equipped with sports drinks and five with juice and lemonade. The district's milk machines also offer flavors, but elementary students don't have vending machine options, district officials have said.

And there aren't any plans to scale back the machines, which bring in limited revenue to student organizations, Dobbs said, because older students should have choices.

"They're leaving the nest soon," he said. "These are decisions they'll have to make."

Andrea Gates can be reached at 735-3380, or Andrea.Gates@lee.net.