Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 01 - Division of Fiscal and Administrative Services
Rule 005.01.05-009 - Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools

3.08.1 Certain Candies - Certain Candies are FMNV according to United States Department of Agriculture (USD A) Regulations, including any processed foods made predominantly from sweeteners or artificial sweeteners with a variety of minor ingredients that characterize the following types:

3.08.2 Chewing Gum - Chewing gum is a FMNV according to United States Department of Agriculture (USDA) regulations and include any flavored products from natural or synthetic gums and other ingredients that form an insoluble mass for chewing.

3.08.3 Soda Water - Soda water is a FMNV according the United States Department of Agriculture (USD A) regulations and includes any carbonated beverage. No product shall be excluded from this definition because it contains discrete nutrients added to the food such as vitamins, minerals, and protein.

3.08.4 Water Ices - Water ices are FMNV according to United States Department of Agriculture (USDA) regulations and include any frozen, sweetened water and flavored ice with the exception of products that contain fruit or fruit juice.

4.01.1 Assist with the implementation of nutrition and physical activity standards developed by the committee with the approval of the Arkansas Department of Education and the State Board of Health;

4.01.2 Integrate nutrition and physical activity in the overall curriculum;

4.01.3 Ensure that professional development for staff includes nutrition and physical activity issues;

4.01.4 Ensure that students receive nutrition education and engage in healthy levels of vigorous physical activity;

4.01.5 Improve the quality of physical education curricula and increasing training of physical education teachers;

4.01.6 Enforce existing physical education requirements; and

4.01.7 Pursue vending contracts that both encourage healthy eating by students and reduce school dependence on profits from the sale of foods of minimal nutritional value.

4.02.1 Establish a School Nutrition and Physical Activity Advisory Committee at each school in addition to the district committee;

4.02.2 Establish subcommittees of the District Committee, representing the appropriate age and grade configuration for that school district; and

4.02.3 Include representatives from each appropriate grade level group (elementary, middle, junior and senior high) on the membership of the district committee;

4.03.1 Annually, assess each school campus, using the School Health Index for Physical Activity, Healthy Eating and a Tobacco-Free Lifestyle using the following modules:

#1 - School Health Policies and Environment,

#2 - Health Education,

#3 - Physical Education and other Physical Activity Programs,

#4 - Nutrition Services, and

#8 - Family and Community Involvement Assessment;

4.03.2 Compare the physical education and health education assessment from the School Health Index to the standards defined by the Arkansas Department of Education Physical Education and Health Curriculum Framework;

4.03.3 Compile the results of the School Health Index and provide a copy to the school principal to be included in the individual school improvement plan (ACSIP);

4.03.4 Provide the annual completed School Health Index assessment results and the physical activity standards comparison to the school principal to be included in the school improvement plan (ACSIP) and to the local school board;

4.03.5 Assist the schools in implementing the Arkansas Child Health Advisory Committee recommendations for all foods and beverages sold or served anywhere on the school campus, including all foods and beverages other than those offered as part of reimbursable meals, including a la carte, vending machines, snack bars, fund raisers, school stores, class parties, and other venues that compete with healthy school meals;

4.03.6 Maintain and update annually a written list of recommended locally available, healthier options for food and beverages available for sale to students;

4.03.7 Encourage the use of non-food alternatives for fund-raisers;

4.03.8 Review and make written recommendations to the local school board regarding the components to be included in food and beverage vending contracts; and

4.03.9 Report as part of the annual report to parents and the community the amount of funds received and expenditures made from competitive food and beverage contracts.

4.04.1 Not later than the first day of the school year beginning after June 30, 2006, each local educational agency participating in a program authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall establish a local school wellness policy for schools under the local educational agency that

5.01.1 Elementary students will not have access to vended food and beverages anytime, anywhere on school premises during the declared school day.

5.01.2 Effective July 1, 2005, during the declared school day, an elementary school site may not serve, provide access to, through direct or indirect sales, or use as a reward, any FMNV or competitive food. This includes FMNV and competitive foods given, sold, or provided by school administrators, or staff (principals, coaches, teachers, club sponsors, etc.) students or student groups, parents or parent groups, or any other person, company or organization associated with the school site. Exceptions to this requirement are listed in 5.02.

5.01.3 In elementary schools, the Child Nutrition Program may only sell food items in the cafeteria, during meal periods that are already offered as a component of a reimbursable meal during the school year, including extra milk, fresh fruits, vegetables, and/or an extra meal meeting the same requirements of the reimbursable meal. School food service departments shall not sell or give extra servings of desserts, french fries and/or ice cream.

5.01.4 Effective July 1, 2005, during the declared school day, at middle, junior high and high school sites, schools shall not serve, provide access to, through direct or indirect sales, or use as a reward, any FMNV or competitive food to students anywhere on school premises until 30 minutes after the last lunch period has ended. This includes FMNV and competitive foods given, sold or provided by school administrators, or staff (principals, coaches, teachers, club sponsors, etc.) students or student groups, parents or parent groups, or any other person, company or organization associated with the school site.

5.01.5 In middle junior high, and high schools, the Child Nutrition Program may only sell food items in the cafeteria, during meal periods that are already offered as a component of a reimbursable meal during the school year, including extra milk, fresh fruits, vegetables, unsweetened unflavored water, other food/beverage items that meet standards of maximum portion size and/or an extra meal meeting the same requirements of the reimbursable meal.

5.02.1 Parents Rights - This policy 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.

5.02.2 School Nurses - This policy does not apply to school nurses using FMNVs or candy during the course of providing health care to individual students.

5.02.3 Special Needs Students - This policy does not apply to special needs students whose Individualized Education Program (IEP) plan indicates the use of an FMNV or candy for behavior modification (or other suitable need).

5.02.4 School Events - Students may be given any food and/or beverage items during the school day for up to nine different events each school year to be determined and approved by school officials. These items may not be given during meal times in the areas where school meals are being served or consumed.

5.02.5 Snacks During the Declared School Day - Snacks may be provided or distributed by the school as part of the planned instructional program, for example, afternoon snack for kindergarten students who eat early lunch. Snacks shall meet the United States Department of Agriculture Child and Adult Care Snack Patterns.

5.02.6 Foods for Instructional Purposes - Foods integrated as a vital part of the instructional program are allowed at any time. Examples include edible manipulatives such as a square of cheese to teach fractions, a nutrition food experience, food production in family and consumer science units, and food science units.

6.02.1 Prior to each school year, on or before April 1, the updated list of maximum portion sizes and nutrition standards for foods and beverages will be developed by the Arkansas Child Health Advisory Committee and distributed by the Arkansas Department of Education (ADE) via ADE Director's Memo Communication.

6.02.2 Compliance will be monitored by the Arkansas Department of Education in addition to the self-monitoring by the Local School Nutrition and Physical Activity Advisory Committee.

6.02.3 All FMNV or competitive food beverages sold to students will be restricted to no more than 12 ounces per vended container. The only exception for a larger portion size will be unsweetened unflavored water.

6.02.4 A choice of two (2) fruits and/or 100% fruit juices must be offered for sale at the same time and place whenever competitive foods are sold. Fruits should be fresh whenever possible. Frozen and canned fruits should be packed in natural juice, water, or light syrup.

6.02.5 At the point of choice, at least 50% of beverages selections in vending machines, school stores and other sales venues shall be 100% fruit juice, low-fat or fat-free milk, and unflavored unsweetened water.

6.02.6 At middle school and high school levels, local leaders are encouraged to implement vending policies that encourage healthy eating by students.

6.02.7 Beginning August 8, 2005 any modification or revisions of vending contracts in existence prior to August 8, 2005, must be in full compliance with all sections of the Rules Governing Nutrition and Physical Activity Standards in Arkansas Public Schools as approved by the State Board of Education.

6.02.8 Nothing in these rules shall be construed to prohibit or limit the sale or distribution of any food or beverage item through fund raisers by students, teachers, or other groups when the items are sold off the school campus.

9.03.1 Encourage participation in extracurricular programs that support physical activity, e.g., as walk-to-school programs, biking clubs, after-school walking etc.;

9.03.2 Encourage the implementation of developmentally-appropriate Physical activity in after-school child care programs for participating children;

9.03.3 Promote the reduction of time youth spend engaged in sedentary activities such as watching television and playing video games; and

9.03.4 Encourage the development of and participation in family-oriented community-based physical activity programs.

9.03.5 Incorporate into the school ACSIP the strategies to be employed to achieve the activities required in Section 9.01.

9.05.1 Elementary students in grades K-6 will receive at a minimum a total of 150 minutes per week of physical activity. The 150 minutes shall include 60 minutes of scheduled physical education. The additional physical activities may include additional scheduled physical education classes, physical activity during the regular school day through activities such as daily recess periods, walking programs, intramurals, and the integration of physical activity into the academic curriculum.

9.05.2 Students in grades 7-8 shall receive a minimum of 150 minutes of physical activity weekly. This requirement may be met through scheduled physical education classes, physical activity during the regular school day through activities such as walking programs, intramurals, activity periods, and the integration of physical activity into the academic curriculum.

9.05.3 Students in grades 9-12 shall be required to take one semester of physical education to comply with current Standards of Accreditation. In addition, students in grades 9-12 shall receive a minimum of 150 minutes of physical activity weekly. This requirement may be met through scheduled physical education classes, physical activity during the regular school day through activities such as walking programs, intramurals, activity periods, the integration of physical activity into the academic curriculum, lifestyle wellness education from the Department of Workforce Education, and organized physical activity courses.