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005.28.43-3.00. Definitions

AR ADC 005.28.43-3.00Arkansas Administrative CodeEffective: November 10, 2022

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 43. Rules Governing Nutrition and Physical Activity Standards and Body Mass Index for Age Assessment Protocols in Arkansas Public Schools
Effective: November 10, 2022
Ark. Admin. Code 005.28.43-3.00
Formerly cited as AR ADC 005.15.15-3.00
005.28.43-3.00. Definitions
For the purpose of these rules, the following terms mean:
3.01 A La Carte -- Individually priced food or beverage items 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 for 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 CDC's BMI-for--age growth charts for boys and girls.
3.08 Breastfeeding Education and Practices -- Age-appropriate education for students regarding the nutritional benefits of breastmilk. Breastfeeding practices include the implementation of support and space made available in public schools facilities for breastfeeding mothers.
3.09 Carpenter's Square -- An instrument for ensuring a level reading of height.
3.10 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.§ 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.).
3.11 Community Health Nurse Specialist (CHN) -- Arkansas Department of Health (ADH) Nurses located at educational cooperatives.
3.12 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 210.11(a)(1).
3.12.1 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.
3.12.2 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.
3.13 Confidential -- Information marked or intended for a specific person or persons.
3.14 Designee -- A person approved or designated by a school district.
3.15 DESE -- The Division of Elementary and Secondary Education of the Arkansas Department of Education (ADE).
3.16 Digital Scale or Scale -- A digital instrument for measuring weight.
3.17 Elementary School -- A campus with a designated Local Education Agency (LEA) number containing any combination of grades kindergarten through six (K-6).
3.18 Health & Wellness School Improvement Plan -- A school level plan that outlines goals and objectives related to the nutrition and physical activity environment for students and staff.
3.19 Healthy Nutrition Environment -- A healthy school nutrition environment gives students consistent, reliable health information and ample opportunity to use it.
3.20 Height -- A standing measurement in inches or meters.
3.21 High School -- A campus with a designated LEA number containing any combination of grades nine through twelve (9-12).
3.22 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.
3.23 Junior High School -- A campus with a designated LEA number containing any combination of grades seven through nine (7-9).
3.24 Local School Wellness Policy -- A written document that guides a LEA or school district's efforts to create supportive school nutrition and physical activity environments.
3.25 Middle School -- A campus with a designated LEA number containing any combination of grades five through eight (5-8).
3.26 Physical Activity -- Any bodily movement produced by skeletal muscles that results in energy expenditure.
3.27 Physical and Built Environment -- Infrastructure and spaces designed to promote physical activity (i.e., walking trails, sidewalks, indoor and outdoor fitness facilities, open recreational spaces such as playgrounds and soccer fields.)
3.28 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; team games (dual and individual sports); tumbling and gymnastics; and aquatics.
3.29 Private -- Not openly or in public.
3.30 Recess -- Supervised, unstructured social time during which public school students may communicate with each other. Recess shall occur outdoors when weather and other relevant conditions permit and include, without limitation, opportunities for free play and vigorous physical activity regardless of whether it occurs indoors or outdoors.
3.31 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.
3.32 Reimbursable Meal -- A meal which meets the U.S.D.A. criteria for reimbursement for one of the Child Nutrition Programs in Arkansas.
3.33 School Day -- 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.
3.34 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 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.
3.36 School Health Index -- The School Health Index (SHI) is a self-assessment and planning guide designed by CDC to help schools identify strengths and weaknesses of the school's health promotion policies and programs for the purpose of supporting student achievement and wellness.
3.37 School Nurse -- Nurses employed by school districts.
3.38 School Site -- Any and all locations associated with a LEA number.
3.39 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 all foods sold:
3.39.1 Outside the school meal programs;
3.39.2 On the school campus; and
3.39.3 At any time from the midnight before to thirty (30) minutes after the end of the day's classes.
3.40 Stadiometer -- An instrument for measuring standing height.
3.41 Student Health Report -- A written notice to parents with student's health screening information.
3.42 Testing Day -- A school day that involves one of the state-wide programs for education assessment in which every student attending an Arkansas public school is required to participate as required in Ark. Code Ann. § 6-15-2907 and as established by the State Board of Education.
3.43 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.
3.44 Weight -- A measurement in pounds or kilograms.
3.45 Wellness Committee -- School nutrition and physical activity advisory group concerned with the health and wellbeing of students and staff, also known as School Nutrition and Physical Advisory Committee.
3.46 Written Refusal -- Written notice to school district requesting a child not be included in assessing BMI.
For the purposes of any protocols developed pursuant to these rules, the following terms mean:
3.47 Certificate of Completion -- A document provided upon completion of BMI assessment training protocol.
3.48 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.”
3.49 Recorder -- A person who writes down student heights and weights or enters measurements into a database.

Credits

Amended April 27, 2012; May 30, 2016; Oct. 1, 2020; Nov. 10, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.43-3.00, AR ADC 005.28.43-3.00
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