Current through Register Vol. 49, No. 9, September, 2024
3.00
DEFINITIONS
For the purpose of these rules, the following terms
mean:
3.01 Adult - A licensed or
qualified physical education teacher or a classified employee trained and
assigned to supervise physical education classes.
3.02 A la' carte - Food items and /or
beverages, individually priced, provided by the non-profit school food service
program. These items may or may not be part of the reimbursable meal.
3.03 Arkansas Child Health Advisory Committee
- A state level committee that was established by Act 1220 of 2003 to develop
nutrition and physical activity standards and make policy recommendations to
the Arkansas Board of Education and the State Board of Health.
3.04 Arkansas Consolidated School Improvement
Plan (ACSIP) - A plan of action to address deficiencies in student performance
that is reviewed annually and monitored at least every two years.
3.05 Body Mass Index (BMI) - Weight in pounds
divided by height in inches squared multiplied by 703 (metric: weight in
kilograms divided by height in meters squared).
3.06 BMI for age assessment- Calculating the
height and weight as in the definition for BMI and applying the CDC growth
charts for age and gender.
3.07 BMI
for age assessment protocols- A detailed plan designed to describe appropriate
procedure for assessment.
3.08 Mass
Index Percentile for Age - An indicator to assess the size and growth patterns
of individual children based on the Centers for Disease Control and
Prevention's (CDC) BMI-for-age growth charts for boys and girls.
3.09 Carpenter's square - An instrument for
ensuring a level reading of height.
3.10 Certificate of completion - A document
provided upon completion of BMI assessment training protocol.
3.11 Child Nutrition Programs - The federal
child nutrition programs operated by Arkansas public and charter schools which
include the National School Lunch Program, the School Breakfast Program, the
After School Snack Program, the Special Milk Program and the Summer Feeding
Program, as established by the Richard B. Russell National School Lunch Act and
the Child Nutrition Act of 1966 (as amended through PL-108-269, July 2,
2004).
3.12 Community Health Nurse
Specialist (CHN) - Arkansas Department of Health Nurses located at educational
cooperatives.
3.13 Competitive
Foods - Foods and beverages sold or made available to students that compete
with the school's operation of the National School Lunch Program, School
Breakfast Program and/or After School Snack Program, including, but not limited
to, food and beverages sold or provided in vending venue (machines, ice chests,
cabinets) in school stores or as part of school fundraisers to students on
school premises during the declared school day.
Note: The federal definition of Competitive Foods, found in
7 CFR
210.12(a)(1), is foods sold
in competition with the National School Lunch Program to children in food
service areas during the lunch period.
3.14 Confidential - Information marked or
intended for a specific person or persons.
3.15 Declared School Day - The official
schedule as required for students and staff in a specific Local Education
Agency (LEA) location.
3.16
Designee - A person approved or designated by school district.
3.17 Digital Scale - An instrument for
measuring weight.
3.18 Elementary
School - A campus with a designated Local Education Agency (LEA) number
containing any combination of grades pre-kindergarten through sixth
grade.
3.19 Foods of Minimal
Nutritional Value (FMNV) - Foods of Minimal Nutritional Value refers to the
four categories of foods and beverages (soda water, water ices, chewing gum,
and certain candies) that are restricted by the United States Department of
Agriculture (USDA) under the Child Nutrition Programs. Definitions within the
federal regulations concerning the four categories of FMNV are:
3.19.1 Certain Candies - Certain Candies are
FMNV according to United States Department of Agriculture (USDA) Regulations,
including any processed foods made predominantly from sweeteners or artificial
sweeteners with a variety of minor ingredients that characterize the following
types:
3.19.1.1 Candy Coated Popcorn - Popcorn
that is coated with mixture made predominantly from sugar and corn
syrup.
3.19.1.2 Fondant - A product
consisting of microscopic-sized sugar crystals that are separated by a thin
film of sugar and/or invert sugar in solution such as candy corn or soft
mints.
3.19.1.3 Hard Candy - A
product made predominantly from sugar (sucrose) and corn syrup that may be
flavored and colored, is characterized by a hard, brittle texture, and includes
such items as sour balls, lollipops, fruit balls, candy sticks, starlight
mints, after-dinner mints, jaw breakers, sugar wafers, rock candy, cinnamon
candies, breath mints and cough drops.
3.19.1.4 Jellies and Gums - A mixture of
carbohydrates that are combined to form a stable gelatinous system of jellylike
character and are generally flavored and colored, and include gum drops, jelly
beans, jellied and fruit-flavored slices.
3.19.1.5 Licorice - A product made
predominantly from sugar and corn syrup that is flavored with an extract made
from the licorice root.
3.19.1.6
Marshmallow Candies - An aerated confection composed of sugar, corn syrup,
invert sugar, 20 percent water, and gelatin or egg white to which flavors and
colors may be added.
3.19.1.7 Spun
Candy - A product that is made from sugar that has been boiled at high
temperature and spun at a high speed in a special machine.
3.19.2 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.
3.19.3 Soda Water - Soda water is a FMNV
according the United States Department of Agriculture (USDA) 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.
3.19.4 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.
3.20 Fried Food - Foods that are cooked by
total or partial immersion into hot oil or other fat, commonly referred to as
"deep fat frying" or "pan frying".
3.21 Healthy Nutrition Environment - A
healthy school nutrition environment gives students consistent, reliable health
information and ample opportunity to use it. (Source: United States Department
of Agriculture.)
3.22 Height - A
standing measurement in inches or meters.
3.23 High School - Public school(s) having
some combination of grades 9-12.
3.24 Junior High School - Public school(s)
having some combination of grades 7- 9.
3.25 Licensed Teacher - An individual who
holds a valid Arkansas teaching license with a certification or approval in the
subject area to be taught.
3.26
Local Wellness Policy - A policy required for public schools participating in a
nutrition 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 etseq.)
3.27 Middle School - Public school (s) having
some combination of grades 5-8.
3.28 Physical Activity - Any bodily movement
produced by skeletal muscles that results in energy expenditure.
3.29 Physical Education - A planned,
sequential K-12 curriculum that provide cognitive content and learning
experiences in a variety of activity areas including basic movement skills;
physical fitness, rhythms, and dance; games team, dual, and individual sports;
tumbling and gymnastics; and aquatics.
3.30 Private - Not openly or in
public.
3.31 Recorder - A person
who writes down student heights and weights or enters measurements into
database.
3.32 Regular Basis - A
regularly repeated or continuing occurrence at a specific school site. For
example: every day, or on a particular day each week, or repeated on a defined
schedule.
3.33 Reimbursable Meal -
A meal which meets the United States Department of Agriculture (USDA) criteria
for reimbursement for one of the Child Nutrition Programs in
Arkansas.
3.34 School Events - Any
occasion such as field day, holiday, school recognition activities, end of
school events, etc. designated at the discretion of the school
administration.
3.35 School
Fundraisers - For purposes of this rule, all food and beverage items sold by
school administrators or school classified or certified staff (principals,
coaches, teachers, club sponsors, etc.), students or student groups, parents or
parent groups, or any other person, company or organization directly associated
with the school programs.
3.36
School Health Index - The School Health Index (SHI) is a
self-assessment and planning guide designed by the Centers for Disease Control
(CDC) to help schools identify strengths and weaknesses of the school's health
promotion policies and programs, develop an action plan for improving student
health, and involving teachers, parents, students and various members of the
community in improving the school's policies and programs.
3.37 Stadiometer - An instrument for
measuring standing height.
3.38
Student Health Report - A written notice to parents with student's health
screening information.
3.39 School
Nurse - Nurses employed by school districts.
3.40 School Nutrition and Physical Activity
Advisory Committee - (SNPAA) A committee operating within each public school
district, that shall help raise the awareness of the importance of nutrition
and physical activity and shall include members from the school district's
governing boards, school administrators, food service personnel, teacher
organizations, parents, students and professional groups such as nurses and
community members.
3.41 School Site
- Any and all locations associated with a Local Education Agency (LEA)
number.
3.42 Vending - Means to
sell or give away foods and beverages anywhere at a school site on a regular
basis, including but not limited to a classroom, school store or concession
stand, or equipment such as heated cabinets, hot or cold vending machines, ice
chests coolers, etc.
3.43 Weight -
A measurement in pounds or kilograms.
3.44 Written Refusal - A document to school
district requesting a child NOT be included in assessing BMI.
4.00
SCHOOL NUTRITION AND
PHYSICAL ACTIVITY ADVISORY COMMITTEE
4.01 The committee will assist in the
development of local policies that address issues and goals, including, but not
limited to the following
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 The School Nutrition and Physical
Activity Advisory Committee shall be structured in a way as to ensure
age-appropriate recommendations that are correlated to the current grade
configuration of the school district utilizing one of the following options:
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 Beginning with the 2005 school year, at
a minimum, the School Nutrition and Physical Activity Advisory Committee will:
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 principal of each school in the district
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 principal of each school in the district
to be included in the district's Arkansas Consolidated 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 Include as part of the district's
annual report to parents and the community the amount of funds received and
expenditures made from competitive food and beverage contracts.
4.04 The Local Wellness Policy is
required under the current version of 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.).
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
4.04.1.1 Includes goals for nutrition
education, physical activity, and other school-based activities that are
designed to promote student wellness in a manner that the local educational
agency determines is appropriate;
4.04.1.2 Includes nutrition guidelines
selected by the local educational agency for all foods available on each school
campus under the local educational agency during the school day with the
objectives of promoting student health and reducing childhood
obesity;
4.04.1.3 Provides an
assurance that guidelines for reimbursable school meals shall not be less
restrictive than regulations and guidance issues by the Secretary of
Agriculture pursuant to subsections (a) and (b) of Section 10 of the Child
Nutrition Act (42 U.S.C. 1779) and
Sections 9(f)(1) and 17 (a) of the Richard B. Russell National School Lunch Act
(42 U.S.C.
1758(f)(1),
1766(a)),
as those regulations and guidance apply to public schools;
4.04.1.4 Establishes a plan for measuring
implementation of the local wellness policy, including designation of 1 or more
persons within the local educational agency or at each school, as appropriate,
charged with the operational responsibility for ensuring that the school meets
the local wellness policy; and
4.04.1.5 Involves parents, students,
representatives of the school food authority, the school board, school
administrators, and the public in the development of the school wellness
policy.
5.00
GENERAL REQUIREMENTS FOR FOOD AND
BEVERAGES IN PUBLIC SCHOOLS
5.01
Access to Foods and Beverages in Public Schools
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, and/or 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 Exceptions to Limiting Access to Foods
and Beverages in All Schools
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.
5.03 New or renewed vending contracts for
carbonated and sweetened non-carbonated beverages will be restricted to no more
than 12 ounces per vended container. This requirement does not apply to
contracts with an effective date on or before August 8, 2005.
6.00
NUTRITION STANDARDS
FOR FOODS AND BEVERAGES
6.01 As of July
1, 2005, the Arkansas Child Health Advisory Committee nutrition standards will
apply to all foods and beverages served, sold, or made available to students on
elementary, middle, junior high and high school campuses (except the
reimbursable school meals, which are governed by United States Department of
Agriculture (USDA) federal regulations).
6.02 A list of the maximum portion size
restrictions and nutrition standards will be provided to school districts. This
list, effective July 1, 2005, will apply to all foods and beverages served,
sold, or made available to students during the declared school day at any
school site with the exception of reimbursable school meals which have
nutrition standards governed by the United States Department of Agriculture
(USDA) federal law and regulations.
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 beverage 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.
8.00
HEALTHY SCHOOL ENVIRONMENT
8.01 No food or beverage shall be used as
rewards for academic, classroom or sport performances and/or activities. For
exceptions to this requirement, see section 5.02 of this rule.
8.02 All school cafeterias and dining areas
should reflect healthy nutrition environments.
8.03 Schools should ensure that all students
have access to school meals. Schools should not establish policies, class
schedules, bus schedules or other barriers that directly or indirectly restrict
meal access.
8.04 Drinking water
via water fountains or other service receptacle should be available without
charge to all students on campus according to Arkansas Department of Health
standards.
9.0 0
PHYSICAL EDUCATION AND PHYSICAL ACTIVITY STANDARDS
9.01 Beginning in the school year 2005- 2006,
at a minimum, school districts will work with their local School Nutrition and
Physical Activity Advisory Committee to:
9.01.1 Encourage participation in
extracurricular programs that support physical activity, e.g., as
walk-to-school programs, biking clubs, after-school walking etc.;
9.01.2 Encourage the implementation of
developmentally appropriate physical activity in after-school childcare
programs for participating children;
9.01.3 Promote the reduction of time youth
spend engaged in sedentary activities such as watching television and playing
video games;
9.01.4 Encourage the
development of and participation in family-oriented community-based physical
activity programs, and;
9.01.5
Incorporate into the school ACSIP the strategies to be employed to achieve the
requirements set forth in section 9.0 of these rules.
9.02 Beginning in the school year 2006-2007,
physical education classes in grades kindergarten through six (K-6) will have a
maximum student to adult ratio of 30:1. At least one of the adults supervising,
as referenced in this section, must be a licensed or qualified physical
education teacher with the responsibility for instruction. Classified personnel
may assist in fulfilling this requirement.
9.03 Beginning in the 2007-2008 school year,
the Arkansas Department of Education will devise and implement standards
regarding the amount of instructional time to be devoted to various curriculum
components. These standards will ensure that the physical education curriculum
and physical activity requirements for every public school student who is
physically fit and able to participate shall be:
9.03.1 Public school students in grades K-6
will receive sixty (60) minutes of scheduled physical education training and
instruction, and ninety (90) minutes of physical activity each calendar week of
the school year. The physical activity may include additional 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.
9.03.2 Public school students who attend a
school organized to teach grades five (5) through eight (8), or any combination
thereof, shall receive Sixty (60) minutes of physical education each calendar
week of the school year or an equivalent amount of time each school year with
no additional physical activity requirement.
9.03.3 Public school students in grades 9-12
shall be required to take one-half (1/2) unit of physical education to comply
with current Arkansas Standards for Accreditation, as required for graduation,
with no additional requirement for physical activity.
9.03.4 Nothing in this act prohibits a public
school student's elective enrollment, voluntary participation, or a voluntary
requirement put in place by the school district in physical education or
physical activity as a part of the public school curriculum or extra-curricular
activities.
9.03.5 A school
district's decision to require physical education or physical activity in
excess of the amounts required in Sections 9.03.1, 9.03.2, and 9.03.3, shall
not be prohibited.
9.04
Beginning in the 2008-2009 school year, for grades K-6, the district will
employ at least one licensed and/or qualified physical education full-time
equivalent (FTE) teacher for every 500 students. This licensed and/or qualified
physical education teacher will directly supervise physical education
instruction.
9.06 Beginning with
the 2012 school year, all personnel teaching physical education in grades K-12
will hold a physical education license appropriate for grade levels being
taught.
10.00
SCREENING PROCESS FOR BMI ASSESSMENT
10.01 Beginning in the 2007-2008 school year,
all children in Kindergarten (K), grade two (2), grade four (4), grade six (6),
grade eight (8), and grade ten (10) shall have their height and weight assessed
to calculate the body mass index for age percentile.
10.01.1 This requirement applies to public
schools.
10.01.2 The responsibility
for the enforcement of this section rests equally with each school
district.
10.01.3 Nothing in this
act shall preclude voluntary screening of any educational grade or preclude the
referral of any child, regardless of grade, whom the parent, teacher or school
nurse feels should be screened or examined unless the school has received
written refusal from the student's guardian.
10.01.4 Follow the approved screening process
as outlined in the Height and Weight Measurement Training Manual.
10.02 Screening equipment shall
include but is not limited to:
10.02.1
Stadiometer
10.02.2 Scales for
measuring weight
10.02.3
Carpenter's square
10.03
TRAINING/ASSURANCE
10.03.1 The Arkansas
Department of Education in conjunction with the Arkansas Department of Health
shall develop standards for training school nurses or other school designees to
perform body mass index for age assessments.
10.03.2 The Department of Health in
consultation with the Department of Education shall assign all community health
nurses under its supervision to work with schools to assure that body mass
index for age assessment protocols are followed by school employees or their
designees who conduct body mass index for age assessments and other student
health screenings.
10.04
REPORTING
10.04.1 Beginning with kindergarten
and then in even numbered grades, schools will be required to include, as a
part of a student health report to parents, a body mass index percentile by age
for each student in a private and confidential manner.
10.05 EXEMPTIONS
10.05.1 Students in grades eleven (11)
through twelve (12) shall be exempt from any policy or requirement of a public
school or the state for measuring or reporting body mass index.
10.05.2 Parents who refuse to have their
child participate in the body mass index percentile for age assessed and
reported, must provide written documentation of the refusal to the
school.