005.28.20 Ark. Code R. § 022 Rules Governing Nutrition and Physical Activity Standards and Body Mass Index For Age Assessment Protocols In Arkansas Public Schools

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 005.28.20 Ark. Code R. § 022

ARKANSAS DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING NUTRITION AND PHYSICAL ACTIVITY STANDARDS AND BODY MASS INDEX FOR AGE ASSESSMENT PROTOCOLS IN ARKANSAS PUBLIC SCHOOLS

Effective Date: October 1, 2020

1.00 PURPOSE

1.01 The purpose of these rules is to establish the requirements and procedures for governing nutrition and physical activity standards and body mass index for age assessment protocols in Arkansas Public Schools.

2.00 REGULATORY AUTHORITY

2.01 These Rules are enacted pursuant to the authority of the State Board of Education under Ark. Code Ann. §§ 6-16-102, 6-16-132, 20-7-134, and 20-7-135.

3.00 DEFINITIONS

For the purpose of these rules, the following terms mean:

3.01 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. A la carte items must meet federal Smart Snacks requirements.

3.02 Alliance for a Healthier Generation Smart Snacks Calculator - A tool developed by the Alliance for a Healthier Generation to assist schools in identifying products that meet the federal nutrition standards ("Smart Snacks").

3.03 Arkansas Child Health Advisory Committee - A state level committee that was established by Ark. Code Ann. § 20-7-133 to develop nutrition and physical activity standards and make policy recommendations to the State Board of Education and the Arkansas Board of Health.

3.04 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).

3.05 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.

3.06 BMI for Age Assessment Protocols - A detailed plan designed to describe appropriate procedure for assessment.

3.07 Body 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.

3.08 Carpenter's Square - An instrument for ensuring a level reading of height.

3.09 Child Nutrition Programs - The federal child nutrition programs operated by Arkansas public schools, including public 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 ( 42 U.S.C. § 42Congressional declaration of policy1751 et seq.) and the Child Nutrition Act of 1966 ( 42 U.S.C. § 42Congressional declaration of purpose1771 et seq.).

3.10 Community Health Nurse Specialist (CHN) - Arkansas Department of Health Nurses located at educational cooperatives.

3.11 Competitive Foods - Foods and beverages sold or made available to students that compete with the school's operation of the child nutrition programs, including, but not limited to, food and beverages sold or provided in a vending venue (machines ice chests, cabinets) in school stores or as part of school fundraisers to students on school premises during the school day Note: This definition complies with the federal definition of "Competitive Foods," found in 7 CFR 7Competitive food service and standards210.11(a)(1). 3.11.1 Provided Competitive Food and/or Beverages-Smart Snacks-compliant food and/or beverages that are provided free-of-charge to a student or group of students by school administrators or school non-licensed or licensed 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. 3.11.2 Sold Competitive Food and/or Beverages-Smart Snacks-compliant food and/or beverages that are for sale to a student or group of students by school administrators or school non-licensed or licensed staff (principals, coaches, teachers, club sponsors etc.), students or student groups, parents or parent groups, or another person company or organization associated with the school site.

3.12 Confidential - Information marked or intended for a specific person or persons.

3.13 Designee - A person approved or designated by school district.

3.14 Division - the Division of Elementary and Secondary Education of the Arkansas Department of Education

3.15 Digital Scale or Scale - A digital instrument for measuring weight.

3.16 Elementary School - A campus with a designated Local Education Agency (LEA) number containing any combination of grades kindergarten through six (K-6).

3.17 Foods of Minimal Nutritional Value (FMNV) - An obsolete United States Department of Agriculture (U.S.D.A.) term The Smart Snacks program went into effect for School Year 2014-2015. Therefore, any competitive foods and beverages must meet the nutrition standards of Smart Snacks.

3.18 Healthy Nutrition Environment - A healthy school nutrition environment gives students consistent, reliable health information and ample opportunity to use it.

3.19 Height - A standing measurement in inches or meters.

3.20 High School - Public school(s) having some combination of grades nine through twelve (9-12).

3.21 Healthy Hunger Free Kids Act of 2010 - The federal law that updated the meal patterns and nutrition standards for the National School Lunch and School Breakfast Programs, including access to drinking water, and updated nutrition standards for all food products sold and marketed on school grounds to align them with the Dietary Guidelines for Americans. The Act also updated policies regarding school wellness committees and the content, implementation, evaluation, and public reporting of wellness policies.

3.22 Junior High School - Public school(s) having some combination of grades seven through nine (7- 9).

3.23 Local Wellness Policy - A policy required by federal law for public schools participating in a nutrition program authorized by the Richard B. Russell National School Lunch Act ( 42 U. S. C. § 42Congressional declaration of policy1751 et seq.) or the Child Nutrition Act of 1966 ( 42 U. S. C. § 42Congressional declaration of purpose1771 et seq.)

3.24 Middle School - Public school (s) having some combination of grades five through eight (5-8).

3.25 Physical Activity - Any bodily movement produced by skeletal muscles that results in energy expenditure.

3.26 Physical Education - A planned, sequential K-12 curriculum that provides 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.

3.27 Private - Not openly or in public.

3.28 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.

3.29 Reimbursable Meal - A meal which meets the U.S.D.A. criteria for reimbursement for one of the Child Nutrition Programs in Arkansas.

3.30 School Day - A period, as defined by the federal government or defined by the State of Arkansas. 3.30.1 Federal School Day - Found in 7 CFR § 210 and 7 CFR § 220, the period from the midnight before to thirty (30) minutes after the end of the day's classes, during which federal Smart Snacks requirements must be met. 3.30.2 Arkansas School Day ("School Day") - Specific to Arkansas, the period from the start of the first classes of the day to thirty (30) minutes after the end of the day's classes.

3.31 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.

3.32 School Fundraisers - For purposes of this rule, all food and beverage items sold by school administrators or school non-licensed or licensed 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.

3.33 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.

3.34 School Nurse - Nurses employed by school districts.

3.35 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 board, school administrators, food service personnel, teacher organizations, parents, students and professional groups such as nurses and community members. The SNPAA may also be referred to as the "Wellness Committee."

3.36 School Site - Any and all locations associated with a Local Education Agency (LEA) number.

3.37 Smart Snacks in School Program ("Smart Snacks") - The program established by amendments to the Healthy Hunger Free Kids Act of 2010 which specify that nutrition standards apply to...