5.01 After having consulted the Child Health Advisory Committee and the Arkansas Board of Health, the State Board of Education shall promulgate appropriate rules to ensure that nutrition and physical activity standards and body mass index for age assessment protocols are implemented to provide students with the skills, opportunities, and encouragement to adopt healthy lifestyles.

5.02 Every school district shall:

5.02.1 Prohibit for elementary school students in-school access to vending machines offering food and beverages;

5.02.2 If offering vending machine services, permit students in grades seven through twelve (7-12) in-school access to vending machines offering food and beverages that meet the nutrition standards of the federal Smart Snacks in School program throughout the school day according to the school's Wellness Policy;

5.02.3 Ensure that there is no restriction regarding the times that vending machines under Subsection 5.02.2 of this Rule are powered on or powered off;

5.02.4 Require schools to include as part of the annual report to parents and the community the amounts and specific sources of funds received and expenditures made from competitive food and beverage contracts;

5.02.5 Beginning with kindergarten and then in even-numbered grades, require schools to include as a part of a student health report to parents a body mass index percentile by age for each student; and

5.02.6 Permit any parent to refuse to have his or her child's body mass index percentile for age assessed and reported, by providing a written refusal to the school.

5.02.7 Students in grades eleven and twelve (11-12) are exempt from any policy or requirement of a public school or the state for measuring or reporting body mass index.

5.03 DESE shall:

5.03.1 Begin the implementation of standards developed by the committee and approved by the DESE; and

5.03.2 Annually monitor and evaluate the implementation and effectiveness of the nutrition and physical activity standards and Smart Snacks requirements.