(a) For the purpose of this part, the following terms mean:

1. (1)

   1. (A) “A la carte” means individually priced food or beverage items provided by the nonprofit school food service program.
   2. (B) These items may or may not be part of the reimbursable meal.
   3. (C) A la carte items must meet federal Smart Snacks requirements;
2. (2) “Alliance for a Healthier Generation Smart Snacks Calculator” means 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. (3) “Child Health Advisory Committee” means a state-level committee that was established by Arkansas Code § 20-7-133 to:

   1. (A) Develop nutrition and physical activity standards; and
   2. (B) Make policy recommendations to the:

(i) State Board of Education; and

1. (ii) State Board of Health;

2. (4)

   1. (A) “Body mass index (BMI)” means:

      1. (i) Weight in pounds; divided by
      2. (ii) Height in inches squared; multiplied by
      3. (iii) 703.
   2. (B) Metric. Weight in kilograms divided by height in meters squared;

3. (5) “BMI for age assessment” means:

   1. (A) Calculating the height and weight as in the definition for BMI; and
   2. (B) Applying the Centers for Disease Control and Prevention growth charts for age and gender;
4. (6) “BMI for age assessment protocols” means a detailed plan designed to describe appropriate procedure for assessment;
5. (7) “Body mass index percentile for age” means an indicator to assess the size and growth patterns of individual children based on the Centers for Disease Control and Prevention’s BMI-for-age growth charts for boys and girls;

6. (8)

   1. (A) “Breastfeeding education and practices” means age-appropriate education for students regarding the nutritional benefits of breastmilk.
   2. (B) Breastfeeding practices include the implementation of support and space made available in public school facilities for breastfeeding mothers;
7. (9) “Carpenter’s square” means an instrument for ensuring a level reading of height;

8. (10) “Child nutrition programs” means 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:

   1. (A) Richard B. Russell National School Lunch Act, 42 U.S.C. § 1751 et seq.; and
   2. (B) Child Nutrition Act of 1966, 42 U.S.C. § 1771 et seq.;
9. (11) “Community Health Nurse Specialist (CHN)” means Department of Health nurses located at educational cooperatives;

10. (12)

    1. (A) “Competitive foods” means 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:

       1. (i) In a vending venue (machines, ice chests, cabinets) in school stores; or
       2. (ii) As part of school fundraisers to students on school premises during the school day.
    2. (B) Note. This definition complies with the federal definition of “competitive food” found in 7 C.F.R. § 210.11(a)(2).

    3. (C) 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:

       1. (i) School administrators or school nonlicensed or licensed staff (principals, coaches, teachers, club sponsors, etc.);
       2. (ii) Students or student groups;
       3. (iii) Parents or parent groups; or
       4. (iv) Any other person, company, or organization associated with the school site.

    4. (D) 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:

       1. (i) School administrators or school nonlicensed or licensed staff (principals, coaches, teachers, club sponsors, etc.);
       2. (ii) Students or student groups;
       3. (iii) Parents or parent groups; or
       4. (iv) Another person, company, or organization associated with the school site;
11. (13) “Confidential” means information marked or intended for a specific person or persons;
12. (14) “Designee” means a person approved or designated by a school district;
13. (15) “DESE” means the Division of Elementary and Secondary Education of the Department of Education;
14. (16) “Digital scale” or “scale” means a digital instrument for measuring weight;
15. (17) “Elementary school” means a campus with a designated local education agency (LEA) number containing any combination of grades kindergarten through six (K-6);
16. (18) “Health & Wellness School Improvement Plan” means a school-level plan that outlines goals and objectives related to the nutrition and physical activity environment for students and staff;

17. (19)

    1. (A) “Healthy, Hunger-Free Kids Act of 2010” means the federal law, Pub. L. No. 111-296, 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.
    2. (B) The Healthy, Hunger-Free Kids Act of 2010 also updated policies regarding school Wellness Committees and the content, implementation, evaluation, and public reporting of wellness policies;
18. (20) “Healthy nutrition environment” gives students consistent, reliable health information and ample opportunity to use it;
19. (21) “Height” means a standing measurement in inches or meters;
20. (22) “High school” means a campus with a designated LEA number containing any combination of grades nine through twelve (9-12);
21. (23) “Junior high school” means a campus with a designated LEA number containing any combination of grades seven through nine (7-9);
22. (24) “Local school wellness policy” means a written document that guides an LEA or school district’s efforts to create supportive school nutrition and physical activity environments;
23. (25) “Middle school” means a campus with a designated LEA number containing any combination of grades five through eight (5-8);
24. (26) “Physical activity” means any bodily movement produced by skeletal muscles that results in energy expenditure;
25. (27) “Physical and built environment” means 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);

26. (28) “Physical education” means a planned, sequential kindergarten through grade twelve (K-12) curriculum that provides cognitive content and learning experiences in a variety of activity areas, including:

    1. (A) Basic movement skills;
    2. (B) Physical fitness, rhythms, and dance;
    3. (C) Team games, dual and individual sports;
    4. (D) Tumbling and gymnastics; and
    5. (E) Aquatics;
27. (29) “Private” means not openly or in public;

28. (30)

    1. (A) “Recess” means supervised, unstructured social time during which public school students may communicate with each other.
    2. (B) 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;

29. (31) “Regular basis” means a regularly repeated or continuing occurrence at a specific school site, for example:

    1. (A) Every day;
    2. (B) On a particular day each week; or
    3. (C) Repeated on a defined schedule;
30. (32) “Reimbursable meal” means a meal that meets the United States Department of Agriculture criteria for reimbursement for one (1) of the child nutrition programs in Arkansas;
31. (33) “School day” means 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;
32. (34) “School events” means any occasion such as field day, a holiday, school recognition activities, end of school events, etc., designated at the discretion of the school administration;

33. (35) “School fundraisers” means, for purposes of this part, all food and beverage items sold by:

    1. (A) School administrators or school nonlicensed or licensed staff (principals, coaches, teachers, club sponsors, etc.);
    2. (B) Students or student groups;
    3. (C) Parents or parent groups; or
    4. (D) Any other person, company, or organization directly associated with the school programs;
34. (36) “School Health Index” means a self-assessment and planning guide designed by the Centers for Disease Control and Prevention 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;
35. (37) “School nurse” means nurses employed by school districts;
36. (38) “School site” means any and all locations associated with an LEA number;

37. (39) “Smart Snacks in School program” or “Smart Snacks” means the program established by amendments to the Healthy, Hunger-Free Kids Act of 2010, which specifies that nutrition standards apply to all foods sold:

    1. (A) Outside the school meal programs;
    2. (B) On the school campus; and
    3. (C) At any time from the midnight before to thirty (30) minutes after the end of the day’s classes;
38. (40) “Stadiometer” means an instrument for measuring standing height;
39. (41) “Student health report” means a written notice to parents with students’ health screening information;

40. (42) “Testing day” means a school day that involves one (1) of the statewide programs for education assessment in which every student attending an Arkansas public school is required to participate as:

    1. (A) Required in Arkansas Code § 6-15-2907; and
    2. (B) Established by the State Board of Education;

41. (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:

    1. (A) A classroom, school store, or concession stand; or
    2. (B) Equipment such as heated cabinets, hot or cold vending machines, ice chests, coolers, etc.;
42. (44) “Weight” means a measurement in pounds or kilograms;
43. (45) “Wellness Committee” means a 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; and
44. (46) “Written refusal” means written notice to a school district requesting a child not be included in assessing BMI.

(b) For the purposes of any protocols developed pursuant to this part, the following terms mean:

1. (1) “Certificate of completion” means a document provided upon completion of BMI assessment training protocol;
2. (2) “Fried food” means 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; and

3. (3) “Recorder” means a person who:

   1. (A) Writes down student heights and weights; or
   2. (B) Enters measurements into a database.