Methodology

CLASS state physical education and nutrition policy scores are determined using specific systems based on public health research and national standards. See the differences between physical education and nutrition scoring criteria, along with descriptions of their data sets and related documents, below.


CLASS PERSPCS (PE) Scoring Key & Variable Information

The Classification of Laws Associated with School Students (CLASS) incorporates a policy classification system to score state‐level codified laws for physical education (PE) and physical activity (PA) in schools. The scoring criteria for these systems are based on public health research and national standards for PE developed by the National Association for Sport and Physical Education (NASPE) and reflect the Centers for Disease Control and Prevention School Health Guidelines to promote healthy eating and physical activity: School Health Guidelines to Promote Healthy Eating and Physical Activity.

The PERSPCS Scoring Key and Variable Information document provides CLASS data users a quick reference to the criteria used to score state law for a specific policy area, and associated enhancing or inhibiting factors* for a given policy area. This document complements the Data Set and Code Book and provides more detail on scoring criteria. It can be used in conjunction with both the EXCEL and SPSS PERSPCS data files.


Description of the CLASS Data Set and Related Documents

The Data Set includes:

  1. CLASS scores in EXCEL and SPSS formats, for each policy area organized by year (2003 -2008, 2010, 2012, 2013, 2014, 2015, 2016, 2017, 2018) and grade level for each state.
  2. Variables in the data set that are not part of the CLASS scoring system but provide contextual information (e.g., YEAR, State abbreviation, State FIPS code [STFIPS] the 5 digit Federal Information Processing Standard code which uniquely identifies counties and county equivalents).

The Policy Citation File includes:

  1. Excel Worksheet indicating the citation for the relevant state statute or regulation used for coding.
  2. Excel Worksheet denoting when a particular law will go into effect, if it did not go into effect the year it was created.

The Scoring Key includes:

  1. Variable names for each policy area in the data set (noted in italics next to policy area and grade level).
  2. Description of each variable and accompanying descriptions of each score.
  3. Description of the enhancing or inhibiting factors associated with each policy area.

The Code Book includes:

  1. The variable names and labels for each variable used in a CLASS scoring system (i.e. Nutrition & PE).
  2. Variables in the data set that are not part of the CLASS scoring system, but provide contextual information (e.g., YEAR, State FIPS code [STFIPS], state abbreviation).

Notes on the CLASS Data Set and Related Documents

  1. The CLASS data set is compiled using codified statutes and regulations in all 50 states and the District of Columbia. Non-codified board policies, education standards, and other related documents are not included here, except as specified below.
    The PETIME variable coding is generated using codified statutes and regulations, as well as any physical education standards that are incorporated by reference into the law. Historical data was compiled by utilizing the Bridging the Gap data set, which tracks the amount of time required for PE through codified laws and embedded policies beginning in 2006. The amount of time for PE established in any standards prior to 2006 that were no longer available (Alabama) was verified using secondary sources.
  2. Over time, new policy areas have been added to the CLASS scoring system. When a new variable has been added, scores are not available for prior years and noted in the Scoring Key.
  3. In addition to the primary scores, there are features in the codified law that may enhance or inhibit the implementation of a law. These factors are listed for the policy area to which they apply.
  4. Generally scores are provided for policy area variables by grade level (i.e., elementary, middle, and high school).

*Enhancing and inhibiting factors are features in the codified law that may enhance or inhibit implementation of law. The enhancing and inhibiting factors are listed for the policy area to which it applies.

CLASS PERSPCS Scoring Key

Physical Education (PE) Time Requirements

Note: The italicized text in parenthesis provides the variable names in the CLASS Data Set.

Physical Education (PE) Time Requirements – Elementary School (ES)

Variable name in data set: TIMEES2

Score

Description: The Physical Education (PE) Time Requirements score reflects the degree to which state law addresses the amount of PE instruction with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the ES grade level.

5

State requires public school districts to provide PE for a minimum of 150 minutes per week (or the equivalent in credit(s) based on the Carnegie unit).*

4

State requires public school districts to provide PE for a minimum of 90 minutes per week but less than 150 minutes per week (or the equivalent in credit(s) based on the Carnegie unit).*

3

State requires public school districts to provide PE for a minimum 60 minutes per week but less than 90 minutes per week (or the equivalent in credit(s) based on the Carnegie unit).*

2

State requires public school districts to provide PE for less than 60 minutes per week or state requires PE without a specified time requirement.

1

State only recommends a PE time requirement for public school districts or state requirement for physical activity includes an option for PE.

0

No PE time requirement or recommendation.

Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of PE Time Requirement policies at the ES grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement factor (TimeBonusES): Applies if state specifies daily participation in PE.

Potential Inhibiting factor (TimePenES): Applies if state permits substitution for PE based on a course or activity; or if state specifies that PE instruction is not required for the full school year.

Potential Inhibiting Factor (ComboPenES): Applies if state allows for a combination of Physical Activity (PA) and PE to meet PE time requirement.

*FOR PE TIME REQUIREMENT VARIABLE (ALL GRADES): If state does not specify the value of a credit, 1.0 credit unit of PE instruction is equivalent to 120 hour/year of PE instruction.

Decision rules:
Physical Activity v. Physical Education: PE and PA time requirements should be coded individually.

Combination Physical Activity/Physical Education Time Requirements: Provisions that combine time requirements for PA and PE (e.g., Mississippi, Virginia, and Texas) are “weaker” than express time requirements for either PE or PA. The ComboPen PE time requirement inhibiting factor was created to distinguish this situation from a straight time requirement provision in order to allow qualification of combined PE and PA time requirement laws at the modeling and data analysis phase.

  • It is possible for a state to require PA as part of the PE time requirement. In these cases, both the PE and PA time requirements are coded separately, and the ComboPen is coded. (See, e.g., West's F.S.A. § 1003.455)

Non-Conventional Time Requirements: Provisions that specify a certain number of days a week that PE must meet are coded as a level 3 if the number of days is significant. Such provisions provide for greater specificity in the amount of time that PE will be held, without stating a determinable amount of minutes. Example: 8 NYCRR 135.4. All secondary pupils shall have the opportunity for regular physical education, but not less than three times per week in one semester and two times per week in the other semester.
(3/24/2015)

Substitutions: Exemptions for medical or religious purposes will not be considered equivalent to a substitution.

  • A provision that allows for substitutions may include the following:
    • Interscholastic, Olympic, or other competitive athletics
    • Cheerleading
    • Marching band
    • Junior ROTC
    • Commercially-sponsored physical activity programs
    • Passing the physical fitness assessment and waiving the PE requirement

Note on TimePen (added April 2015):
Laws that allow waiver of any school board requirements (see IL example below), or else generally allow students to pass any course by demonstrating proficiency, are not included here. This inhibiting factor captures whether or not the state specifically allows for substitution of PE.

Example: 23 Ill. Adm. Code 5/2-3.25g: (b) Notwithstanding any other provisions of this School Code or any other law of this State to the contrary, eligible applicants may petition the State Board of Education for the waiver or modification of the mandates of this School Code or of the administrative rules and regulations promulgated by the State Board of Education.

Physical Education (PE) Time Requirements – Middle School (MS)

Variable name in data set: (TIMEMS2)

Score

Description: The Physical Education (PE) Time Requirements score reflects the degree to which state law addresses the amount of PE instruction with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the MS grade level.

5

State requires school districts to provide PE for a minimum of 225 minutes per week (or the equivalent in credit(s) based on the Carnegie unit).*

4

State requires public school districts to provide PE for a minimum 150 minutes per week but less than 225 minutes per week (or the equivalent in credit(s) based on the Carnegie unit).*

3

State requires public school districts to provide PE for a minimum of 90 minutes per week but less than 150 minutes per week (or the equivalent in credit(s) based on the Carnegie unit).*

2

State requires public school districts to provide PE for less than 90 minutes per week or state requires PE without a specified time requirement.

1

State only recommends a PE time requirement for public school districts or state requirement for physical activity includes an option for PE.

0

No PE time requirement or recommendation.

Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of PE Time Requirement policies at the MS grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement factor (TimeBonusMS): Applies if state specifies daily participation in PE.

Potential Inhibiting factor (TimePenMS): Applies if state permits substitution for PE based on a course or activity; or if state specifies that PE instruction is not required for the full school year.

Potential Inhibiting Factor (ComboPenMS): Applies if state allows for a combination of Physical Activity (PA) and PE to meet PE time requirement.

FOR PE TIME REQUIREMENT VARIABLE (ALL GRADES): If state does not specify the value of a credit, 1.0 credit unit of PE instruction is equivalent to 120 hour/year of PE instruction.

Decision rules:
Physical Activity v. Physical Education: PE and PA time requirements should be coded individually.

Combination Physical Activity/Physical Education Time Requirements: Provisions that combine time requirements for PA and PE (e.g., Mississippi, Virginia, and Texas) are “weaker” than express time requirements for either PE or PA. The ComboPen PE time requirement inhibiting factor was created to distinguish this situation from a straight time requirement provision in order to allow qualification of combined PE and PA time requirement laws at the modeling and data analysis phase.

  • It is possible for a state to require PA as part of the PE time requirement. In these cases, both the PE and PA time requirements are coded separately, and the ComboPen is coded. (See, e.g., West's
    F.S.A. § 1003.455)

Non-Conventional Time Requirements: Provisions that specify a certain number of days a week that PE must meet are coded as a level 3 if the number of days is significant. Such provisions provide for greater specificity in the amount of time that PE will be held, without stating a determinable amount of minutes. Example: 8 NYCRR 135.4. All secondary pupils shall have the opportunity for regular physical education, but not less than three times per week in one semester and two times per week in the other semester.
(3/24/2015)

Substitutions: Exemptions for medical or religious purposes will not be considered equivalent to a substitution.

  • A provision that allows for substitutions may include the following:
    • Interscholastic, Olympic, or other competitive athletics
    • Cheerleading
    • Marching band
    • Junior ROTC
    • Commercially-sponsored physical activity programs
    • Passing the physical fitness assessment and waiving the PE requirement

Note on TimePen (added April 2015):
Laws that allow waiver of any school board requirements (see IL example below), or else generally allow students to pass any course by demonstrating proficiency, are not included here. This inhibiting factor captures whether or not the state specifically allows for substitution of PE.

Example: 23 Ill. Adm. Code 5/2-3.25g: (b) Notwithstanding any other provisions of this School Code or any other law of this State to the contrary, eligible applicants may petition the State Board of Education for the waiver or modification of the mandates of this School Code or of the administrative rules and regulations promulgated by the State Board of Education.

Physical Education (PE) Time Requirements – High School (HS)

Variable name in data set: (TIMEHS2)

Score

Description: The Physical Education (PE) Time Requirements score reflects the degree to which state law addresses the amount of PE instruction with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the HS grade level.

5

State requires school districts to provide PE for a minimum of 225 minutes per week (or the equivalent in credit(s) based on the Carnegie unit).*

4

State requires public school districts to provide PE for a minimum 150 minutes per week but less than 225 minutes per week (or the equivalent in credit(s) based on the Carnegie unit).*

3

State requires public school districts to provide PE for a minimum of 90 minutes per week but less than 150 minutes per week (or the equivalent in credit(s) based on the Carnegie unit).*

2

State requires public school districts to provide PE for less than 90 minutes per week; or state requires PE without a specified time requirement.

1

State only recommends a PE time requirement for public school districts; or state requirement for physical activity includes an option for PE.

0

No PE time requirement or recommendation.

Enhancing/ Inhibiting Factors

Description:These are features in the codified law that may enhance or inhibit implementation of PE Time Requirement policies at the HS grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement factor (TimeBonusHS): Applies if state specifies daily participation in PE.

Potential Inhibiting factor (TimePenHS): Applies if state permits substitution for PE based on a course or activity; or if state specifies that PE instruction is not required for the full school year.

Potential Inhibiting Factor (ComboPenHS): Applies if state allows for a combination of Physical Activity (PA) and PE to meet PE time requirement.

FOR PE TIME REQUIREMENT VARIABLE (ALL GRADES): If state does not specify the value of a credit, 1.0 credit unit of PE instruction is equivalent to 120 hour/year of PE instruction.

Decision rules:
Physical Activity v. Physical Education: PE and PA time requirements should be coded individually.

Combination Physical Activity/Physical Education Time Requirements: Provisions that combine time requirements for PA and PE (e.g., Mississippi, Virginia, and Texas) are “weaker” than express time requirements for either PE or PA. The ComboPen PE time requirement inhibiting factor was created to distinguish this situation from a straight time requirement provision in order to allow qualification of combined PE and PA time requirement laws at the modeling and data analysis phase.

  • It is possible for a state to require PA as part of the PE time requirement. In these cases, both the PE and PA time requirements are coded separately, and the ComboPen is coded. (See, e.g., West's F.S.A. § 1003.455)

Non-Conventional Time Requirements: Provisions that specify a certain number of days a week that PE must meet are coded as a level 3 if the number of days is significant. Such provisions provide for greater specificity in the amount of time that PE will be held, without stating a determinable amount of minutes. Example: 8 NYCRR 135.4. All secondary pupils shall have the opportunity for regular physical education, but not less than three times per week in one semester and two times per week in the other semester.
(3/24/2015)

Substitutions: Exemptions for medical or religious purposes will not be considered equivalent to a substitution.

  • A provision that allows for substitutions may include the following:
    • Interscholastic, Olympic, or other competitive athletics
    • Cheerleading
    • Marching band
    • Junior ROTC
    • Commercially-sponsored physical activity programs
    • Passing the physical fitness assessment and waiving the PE requirement

Converting Time Units: SPCS coding is based on a 36-week school year. If total minutes/hours are not given in weekly amounts, then calculate the total minutes hours to convert to weekly amounts. For example, if 200 minutes is required for every 10 school days, divide the 10 school days in half to get 100 minutes per week. If 8,100 minutes is required for a year, divide by 36 weeks to get 225 minutes per week. For situations where one credit of Physical Education is assigned for the entire four years of high school the total minutes per week need to then be divided by four.

Converting Credits to Time Units: The conversion of credits to minutes per week using the Carnegie definition applies to laws that specify credits without any reference to time units. If a state has a law that indicates a time unit for PE and another law that indicates number of credits, then the law with the time unit prevails for rating purposes.

1/2 Carnegie Unit (*If state does not specify the value of a credit 1.0 credit unit of PE instruction is equivalent to 120 hour/year of PE instruction, so ½ credit=60 hours/year). 60 hrs/yr=3600
min/yr=3600/36 weeks=100 minutes/week

High School Requirements: The amount and unit of measurement (credits, periods, hours, minutes) as it appears in the law will be recorded on the rating sheet. Conversion to a standard unit of measurement will be conducted later.

Physical Education/Health Combined: If the credit or time requirement for PE is combined with health and there is no further breakdown, then the total credit or time requirement is divided in half for PE. For example, if 1.5 credits in PE/Health are required for high school graduation, then the credit requirement for PE is .75 credits. (4/21/05)

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Physical Activity (PA) Time Requirements

Note: The italicized texts in parenthesis are the variable names in the CLASS Data Set.

Physical Activity (PA) Time Requirements – Elementary School (ES)

Variable name in data set: (PATIMEES)

Score

Description: The Physical Activity (PA) Time Requirements score reflects the degree to which state law addresses the amount of PA occurring in schools and may or may not include time allocated for PE and other activities during the school day at the ES grade level.

5

State requires school districts provide PA for a minimum of 150 minutes per week.

4

State requires school districts provide PA for a minimum of 90 minutes per week but less than 150 minutes per week.

3

State requires school districts provide PA for a minimum 60 minutes per week but less than 90 minutes per week.

2

State requires school districts provide PA for less than 60 minutes per week or state requires PA without a specified time requirement.

1

State only recommends a PA time requirement.

0

No PA requirement or recommendation.

999

State law not scored for years 2003-2007


Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of PA Time Requirement policies at the ES grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement factor (PATimeBonES): Applies if state specifies daily participation in PA.

Potential Enhancement factor (CSPSP): Applies if state references the CDC Comprehensive School Physical Activity Program *new 2016 data

Decision rules:
Physical Activity v. Physical Education: PE and PA time requirements should be coded individually.

Combination Physical Activity/Physical Education Time Requirements: Provisions that combine time requirements for PA and PE (e.g., Mississippi, Virginia, and Texas) are “weaker” than express time requirements for either PE or PA. The ComboPen PE time requirement inhibiting factor was created to distinguish this situation from a straight time requirement provision in order to allow qualification of combined PE and PA time requirement laws at the modeling and data analysis phase.

  • It is possible for a state to require PA as part of the PE time requirement. In these cases, both the PE and PA time requirements are coded separately, and the ComboPen is coded. (See, e.g., West's F.S.A. § 1003.455)

Types of physical activity provisions seen. Laws that encourage PA knowledge, skills, and abilities, but do not meet the threshold for recommended/encouraged time requirement (e.g., New York) are not coded. Provisions that name PA as an education benchmark receive credit as a recommendation (e.g., Montana).

Physical activity provisions included in wellness council/committee laws. Not coded as PA time requirements unless they clearly recommend/require committee to address participation in PA during the school day. (See, e.g., RI Gen.Laws 1956, § 16-21-28)

Physical Activity (PA) Time Requirements – Middle School (MS)

Variable name in data set: (PATIMEMS)

Score

Description: The Physical Activity (PA) Time Requirements score reflects the degree to which state law addresses the amount of PA occurring in schools and may or may not include time allocated for PE and other activities during the school day at the MS grade level.

5

State requires school districts provide PA for a minimum of 225 minutes per week.

4

State requires school districts provide PA for a minimum of 150 minutes per week but less than 225 minutes per week.

3

State requires school districts provide PA for a minimum 90 minutes per week but less than 150 minutes per week.

2

State requires school districts provide PA for less than 90 minutes per week or state requires PA without a specified time requirement.

1

State only recommends a PA time requirement.

0

No PA time requirement or recommendation.

999

State law not scored for years 2003-2007

Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of PA Time Requirement policies at the MS grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement factor (PATimeBonMS): Applies if state specifies daily participation in PA.

Decision rules:
Physical Activity v. Physical Education: PE and PA time requirements should be coded individually.

Combination Physical Activity/Physical Education Time Requirements: Provisions that combine time requirements for PA and PE (e.g., Mississippi, Virginia, and Texas) are “weaker” than express time requirements for either PE or PA. The ComboPen PE time requirement inhibiting factor was created to distinguish this situation from a straight time requirement provision in order to allow qualification of combined PE and PA time requirement laws at the modeling and data analysis phase.

  • It is possible for a state to require PA as part of the PE time requirement. In these cases, both the PE and PA time requirements are coded separately, and the ComboPen is coded. (See, e.g., West's F.S.A. § 1003.455)

Types of physical activity provisions seen. Laws that encourage PA knowledge, skills, and abilities, but do not meet the threshold for recommended/encouraged time requirement (e.g., New York) are not coded. Provisions that name PA as an education benchmark receive credit as a recommendation (e.g., Montana).

Physical activity provisions included in wellness council/committee laws. Not coded as PA time requirements unless they clearly recommend/require committee to address participation in PA during the school day. (See, e.g., RI Gen. Laws 1956, § 16-21-28)

Physical Activity (PA) Time Requirements – High School (HS)

Variable name in data set: (PATIMEHS)

Score

Description: The Physical Activity (PA) Time Requirements score reflects the degree to which state law addresses the amount of PA occurring in schools and may or may not include time allocated for PE and other activities during the school day at the HS grade level.

5

State requires school districts provide PA for a minimum of 225 minutes per week.

4

State requires school districts provide PA for a minimum of 150 minutes per week but less than 225 minutes per week.

3

State requires school districts provide PA for a minimum 90 minutes per week but less than 150 minutes per week.

2

State requires school districts provide PA for less than 90 minutes per week or state requires PA without a specified time requirement.

1

State only recommends a PA time requirement.

0

No PA time requirement or recommendation.

999

State law not scored for years 2003-2007

Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of PA Time Requirement policies at the HS grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Enhancement factor (PATimeBonHS): Applies if state specifies daily participation in PA.

Decision rules:
Physical Activity v. Physical Education: PE and PA time requirements should be coded individually.

Combination Physical Activity/Physical Education Time Requirements: Provisions that combine time requirements for PA and PE (e.g., Mississippi, Virginia, and Texas) are “weaker” than express time requirements for either PE or PA. The ComboPen PE time requirement inhibiting factor was created to distinguish this situation from a straight time requirement provision in order to allow qualification of combined PE and PA time requirement laws at the modeling and data analysis phase.

  • It is possible for a state to require PA as part of the PE time requirement. In these cases, both the PE and PA time requirements are coded separately, and the ComboPen is coded. (See, e.g., West's F.S.A. § 1003.455)

Types of physical activity provisions seen. Laws that encourage PA knowledge, skills, and abilities, but do not meet the threshold for recommended/encouraged time requirement (e.g., New York) are not coded. Provisions that name PA as an education benchmark receive credit as a recommendation (e.g., Montana).

Physical activity provisions included in wellness council/committee laws. Not coded as PA time requirements unless they clearly recommend/require committee to address participation in PA during the school day. (See, e.g., RI Gen. Laws 1956, § 16-21-28)

Return to List of Methodologies

Physical Education (PE) Staffing Requirements

Physical Education (PE) Staffing Requirements – Elementary School (ES)

Variable name in data set: (STAFES2)

Score

Description: The Physical Education (PE) Staffing Requirements score reflects the degree to which state law addresses the educational degree and certification requirements for PE teachers with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the ES grade level.

4

State offers certification/licensure/endorsement to teach PE and requires a college major (or a minimum of 30 credit hours) in PE (to fulfill certification/licensure/endorsement requirement or otherwise).

3

State offers certification/licensure/endorsement to teach PE and requires a college minor (or a minimum of 15 credit hours) in PE (to fulfill certification/licensure/endorsement requirement or otherwise).

2

State offers certification/licensure/endorsement to teach PE and requires preparation that is less rigorous than a college minor (e.g., less than 15 credit hours) in PE (to fulfill certification/licensure/endorsement requirement or otherwise).

1

State only recommends certification/licensure/endorsement and an academic degree in PE to teach PE.

0

No requirement or recommendation for PE teachers.

Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of PE Staffing Requirement policies at the ES grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Inhibiting factor (StafPenES): Applies if teacher qualifications apply to most but not all districts (e.g., not applicable to districts that regularly employ fewer than 20 teachers).

Decision rules:

Major in PE: If a provision indicates a minimum of 30 credits in a PE-related subject is required, then it is equivalent to a major in PE. Less than 30 credits would be considered less than a major in PE. If it is unclear as to what, if any, PE-related education is required, then it may be necessary to browse the surrounding sections of regulations addressing teacher qualifications.

Minor in PE: If a provision indicates a minimum of 15 credits in a PE-related subject is required, then it is equivalent to a minor in PE. Less than 15 credits would be considered less than a minor in PE.

Unspecified Education: If a provision requires a teacher preparation program for PE licensing but does not specify any number of credits, then the rating assigned would be rated as less than a minor.

All-Grade PE Credential: A license that is required to teach PE across all grade levels (e.g., K-12) means that a teacher who wishes to teach PE in both elementary school and high school during the same school year is required to have the all-grade PE credential. An elementary teacher is not required to have a PE credential if the elementary grade level (e.g., K-5) is not indicated under the PE credentialing requirements. If the state addresses only the all-grade requirement for PE credentialing, and not each grade level individually, then the all-grade requirement will be rated. (4/14/05)

Universal Requirement: If a provision states that all teachers in the state must hold a valid certification to teach but does not specify requirements for PE, then the provision will be rated as required and less than a minor in PE. (4/20/05)

Initial vs. Add-On: If a state addresses requirements for both an initial and an add-on PE credential, then the initial requirements will be rated. If a state addresses requirements for only an add-on credential, and not an initial credential, then the add-on credential will be rated. (5/11/05)

Majority of Teaching is PE: If a provision states that all personnel who teach PE for the majority of their class assignments (e.g., 3 out of 5 classes) must have the PE endorsement, then the provision will be rated as required and the number of credits will be determined. (05/11/05)

If the law requires the major “or its equivalent” without reference to a number of credit hours, it is coded as requiring the major. “Or its equivalent” will not require a downgrade. (2014)

Physical Education (PE) Staffing Requirements – Middle School (MS)

Variable name in data set: (STAFMS2)

Score

Description: The Physical Education (PE) Staffing Requirements score reflects the degree to which state law addresses the educational degree and certification requirements for PE teachers with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the MS grade level.

4

State offers certification/licensure/endorsement to teach PE and requires a college major (or a minimum of 30 credit hours) in PE (to fulfill certification/licensure/endorsement requirement or otherwise).

3

State offers certification/licensure/endorsement to teach PE and requires a college minor (or a minimum of 15 credit hours) in PE (to fulfill certification/licensure/endorsement requirement or otherwise).

2

State offers certification/licensure/endorsement to teach PE and requires preparation that is less rigorous than a college minor (e.g., less than 15 credit hours) in PE (to fulfill certification/licensure/endorsement requirement or otherwise).

1

State only recommends certification/licensure/endorsement and an academic degree in PE to teach PE.

0

No requirement or recommendation for PE teachers.

Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of PE Staffing Requirement policies at the MS grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Inhibiting factor (StafPenMS): Applies if teacher qualifications apply to most but not all districts (e.g., not applicable to districts that regularly employ fewer than 20 teachers).

Decision rules:

Major in PE: If a provision indicates a minimum of 30 credits in a PE-related subject is required, then it is equivalent to a major in PE. Less than 30 credits would be considered less than a major in PE. If it is unclear as to what, if any, PE-related education is required, then it may be necessary to browse the surrounding sections of regulations addressing teacher qualifications.

Minor in PE: If a provision indicates a minimum of 15 credits in a PE-related subject is required, then it is equivalent to a minor in PE. Less than 15 credits would be considered less than a minor in PE.

Unspecified Education: If a provision requires a teacher preparation program for PE licensing but does not specify any number of credits, then the rating assigned would be rated as less than a minor.

All-Grade PE Credential: A license that is required to teach PE across all grade levels (e.g., K-12) means that a teacher who wishes to teach PE in both elementary school and high school during the same school year is required to have the all-grade PE credential. An elementary teacher is not required to have a PE credential if the elementary grade level (e.g., K-5) is not indicated under the PE credentialing requirements.

If the state addresses only the all-grade requirement for PE credentialing, and not each grade level individually, then the all-grade requirement will be rated. (4/14/05)

Universal Requirement: If a provision states that all teachers in the state must hold a valid certification to teach but does not specify requirements for PE, then the provision will be rated as required and less than a minor in PE. (4/20/05)

Initial vs. Add-On: If a state addresses requirements for both an initial and an add-on PE credential, then the initial requirements will be rated. If a state addresses requirements for only an add-on credential, and not an initial credential, then the add-on credential will be rated. (5/11/05)

Majority of Teaching is PE: If a provision states that all personnel who teach PE for the majority of their class assignments (e.g., 3 out of 5 classes) must have the PE endorsement, then the provision will be rated as required and the number of credits will be determined. (05/11/05)

If the law requires the major “or its equivalent” without reference to a number of credit hours, it is coded as requiring the major. “Or its equivalent” will not require a downgrade. (2014)

Physical Education (PE) Staffing Requirements – High School (HS)

Variable name in data set: (STAFHS2)

Score

Description: The Physical Education (PE) Staffing Requirements score reflects the degree to which state law addresses the educational degree and certification requirements for PE teachers with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the HS grade level.

4

State offers certification/licensure/endorsement to teach PE and requires a college major (or a minimum of 30 credit hours) in PE (to fulfill certification/licensure/endorsement requirement or otherwise).

3

State offers certification/licensure/endorsement to teach PE and requires a college minor (or a minimum of 15 credit hours) in PE (to fulfill certification/licensure/endorsement requirement or otherwise).

2

State offers certification/licensure/endorsement to teach PE and requires preparation that is less rigorous than a college minor (e.g., less than 15 credit hours) in PE (to fulfill certification/licensure/endorsement requirement or otherwise).

1

State only recommends certification/licensure/endorsement and an academic degree in PE to teach PE.

0

No requirement or recommendation for PE teachers.


Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of PE Staffing Requirement policies at the HS grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Inhibiting factor (StafPenHS): Applies if teacher qualifications apply to most but not all districts (e.g., not applicable to districts that regularly employ fewer than 20 teachers).

Decision rules:

Major in PE: If a provision indicates a minimum of 30 credits in a PE-related subject is required, then it is equivalent to a major in PE. Less than 30 credits would be considered less than a major in PE. If it is unclear as to what, if any, PE-related education is required, then it may be necessary to browse the surrounding sections of regulations addressing teacher qualifications.

Minor in PE: If a provision indicates a minimum of 15 credits in a PE-related subject is required, then it is equivalent to a minor in PE. Less than 15 credits would be considered less than a minor in PE.

Unspecified Education: If a provision requires a teacher preparation program for PE licensing but does not specify any number of credits, then the rating assigned would be rated as less than a minor.

All-Grade PE Credential: A license that is required to teach PE across all grade levels (e.g., K-12) means that a teacher who wishes to teach PE in both elementary school and high school during the same school year is required to have the all-grade PE credential. An elementary teacher is not required to have a PE credential if the elementary grade level (e.g., K-5) is not indicated under the PE credentialing requirements.

If the state addresses only the all-grade requirement for PE credentialing, and not each grade level individually, then the all-grade requirement will be rated. (4/14/05)

Universal Requirement: If a provision states that all teachers in the state must hold a valid certification to teach but does not specify requirements for PE, then the provision will be rated as required and less than a minor in PE. (4/20/05)

Initial vs. Add-On: If a state addresses requirements for both an initial and an add-on PE credential, then the initial requirements will be rated. If a state addresses requirements for only an add-on credential, and not an initial credential, then the add-on credential will be rated. (5/11/05)

Majority of Teaching is PE: If a provision states that all personnel who teach PE for the majority of their class assignments (e.g., 3 out of 5 classes) must have the PE endorsement, then the provision will be rated as required and the number of credits will be determined. (05/11/05)

If the law requires the major “or its equivalent” without reference to a number of credit hours, it is coded as requiring the major. “Or its equivalent” will not require a downgrade. (2014)

Return to List of Methodologies

Physical Education (PE) Curriculum Standards

Note: The italicized texts in parenthesis are the variable names in the CLASS Data Set.

Physical Education (PE) Curriculum Standards – Elementary School (ES)

Variable name in data set: (STANES)

Score

Description: The Physical Education (PE) Curriculum Standards Score reflects the degree to which state law addresses the PE curriculum requirements with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the ES grade level.

4

State standards are required for PE that address student knowledge of physical activity, behavioral and motor skills, and health‐related fitness or state requires ES to meet national standards that include such components.

3

State standards are required for PE that address student knowledge of physical activity, behavioral and motor skills, or health‐related fitness but not all such components.

2

State standards are required, but by reference to a curriculum framework (or the equivalent) only, but curriculum framework is not fully incorporated into codified law.

1

State only recommends curriculum standards/guidelines for PE.

0

No requirement or recommendation for PE curriculum.

Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of PE Curriculum Standard policies at the ES grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (stanref): Applies if state references and incorporates curriculum standards from either: 1. National Association for Sport and Physical Education (NASPE); OR 2. A specific state agency; OR 3. Other organization curriculum standards.

Decision rules:
Related Terms: Curriculum standards also are referred in the law as curriculum framework, curriculum manual, or curriculum guidelines.

Curriculum Components: In order to receive the highest rating in this category, the law must address all three components of PE curriculum: 1) knowledge of physical activity, 2) motor skills, and 3) health-related fitness.

Existence of Standards: When there is a complete articulation of the types of knowledge, skills, and fitness abilities that students will achieve or instruction will be provided, then curriculum standards exist. For example, CA is not completely articulated and WV is completely articulated.

National Association for Sport and Physical Education (NASPE) Standards: NASPE PE standards are considered the gold standard for PE policies. Therefore, if a state requires compliance with NASPE standards, the law is coded as a 4 for curriculum.

  • Because NASPE standards also require regular physical activity, where a state requires compliance with NASPE standards, it receives a (2) for an undefined PA time requirement.
    NASPE Standards are as follows:

Standard 1:

  • Demonstrates competency in motor skills and movement patterns needed to perform a variety of physical activities.

Standard 2

  • Demonstrates understanding of movement concepts, principles, strategies, and tactics as they apply to the learning and performance of physical activities.

Standard 3:

  • Participates regularly in physical activity.

Standard 4:

  • Achieves and maintains a health-enhancing level of physical fitness.

Standard 5:

  • Exhibits responsible personal and social behavior that respects self and others in physical activity settings.

Standard 6:

  • Values physical activity for health, enjoyment, challenge, self-expression, and/or social interaction.

(Moving into the Future: National Standards for Physical Education, 2nd Edition)

Physical Education (PE) Curriculum Standards –Middle School (MS)

Variable name in data set: (STANMS)

Score

Description: The Physical Education (PE) Curriculum Standards Score reflects the degree to which state law addresses the PE curriculum requirements with respect to the National Association for Sport and Physical Education (NASPE) recommended standards at the MS grade level.

4

State standards are required for PE that address student knowledge of physical activity, behavioral and motor skills, and health‐related fitness or state requires MS to meet national standards that include such components.

3

State standards are required for PE that address student knowledge of physical activity, behavioral and motor skills, or health‐related fitness but not all such components.

2

State standards are required by reference to a curriculum framework (or the equivalent) only.

1

State only recommends curriculum standards /guidelines for PE.

0

No requirement or recommendation for PE curriculum.

Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of PE Curriculum Standard policies at the MS grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement Factor (stanref): Applies if state references curriculum standards from either: 1. National Association for Sport and Physical Education (NASPE); OR 2. A specific state agency; OR 3. Other organization curriculum standards.

Decision rules:
Related Terms: Curriculum standards also are referred in the law as curriculum framework, curriculum manual, or curriculum guidelines.

Curriculum Components: In order to receive the highest rating in this category, the law must address all three components of PE curriculum: 1) knowledge of physical activity, 2) motor skills, and 3) health-related fitness.

Existence of Standards: When there is a complete articulation of the types of knowledge, skills, and fitness abilities that students will achieve or instruction will be provided, then curriculum standards exist. For example, CA is not completely articulated and WV is completely articulated.

National Association for Sport and Physical Education (NASPE) Standards: NASPE PE standards are considered the gold standard for PE policies. Therefore, if a state requires compliance with NASPE standards, the law is coded as a 4 for curriculum.

  • Because NASPE standards also require regular physical activity, where a state requires compliance with NASPE standards, it receives a (2) for an undefined PA time requirement.
    NASPE Standards are as follows:

Standard 1:

  • Demonstrates competency in motor skills and movement patterns needed to perform a variety of physical activities.

Standard 2

  • Demonstrates understanding of movement concepts, principles, strategies, and tactics as they apply to the learning and performance of physical activities.

Standard 3:

  • Participates regularly in physical activity.

Standard 4:

  • Achieves and maintains a health-enhancing level of physical fitness.

Standard 5:

  • Exhibits responsible personal and social behavior that respects self and others in physical activity settings.

Standard 6:

  • Values physical activity for health, enjoyment, challenge, self-expression, and/or social interaction.

(Moving into the Future: National Standards for Physical Education, 2nd Edition)

Physical Education (PE) Curriculum Standards –High School (HS)

Variable name in data set: (STANHS)

Score

Description: The Physical Education (PE) Curriculum Standards score reflects the degree to which state law addresses the PE curriculum requirements with respect to the National Association for Sport and Physical Education (NASPE) recommended standards at the HS grade level.

4

State standards are required for PE that address student knowledge of physical activity, behavioral and motor skills, and health‐related fitness or state requires HS to meet national standards that include such components.

3

State standards are required for PE that address student knowledge of physical activity, behavioral and motor skills, or health‐related fitness but not all such components.

2

State standards are required by reference to a curriculum framework (or the equivalent) only.

1

State only recommends curriculum standards/guidelines for PE.

0

No requirement or recommendation for PE curriculum.

Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of PE Curriculum Standard policies at the HS grade level, and are Coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement Factor (stanref): Applies if state references curriculum standards from either: 1. National Association for Sport and Physical Education (NASPE); OR 2. A specific state agency; OR 3. Other organization curriculum standards.

Decision rules:
Related Terms: Curriculum standards also are referred in the law as curriculum framework, curriculum manual, or curriculum guidelines.

Curriculum Components: In order to receive the highest rating in this category, the law must address all three components of PE curriculum: 1) knowledge of physical activity, 2) motor skills, and 3) health-related fitness.

Existence of Standards: When there is a complete articulation of the types of knowledge, skills, and fitness abilities that students will achieve or instruction will be provided, then curriculum standards exist. For example, CA is not completely articulated and WV is completely articulated.

National Association for Sport and Physical Education (NASPE) Standards: NASPE PE standards are considered the gold standard for PE policies. Therefore, if a state requires compliance with NASPE standards, the law is coded as a 4 for curriculum.

Because NASPE standards also require regular physical activity, where a state requires compliance with NASPE standards, it receives a (2) for an undefined PA time requirement.
NASPE Standards are as follows:

Standard 1:

  • Demonstrates competency in motor skills and movement patterns needed to perform a variety of physical activities.

Standard 2

  • Demonstrates understanding of movement concepts, principles, strategies, and tactics as they apply to the learning and performance of physical activities.

Standard 3:

  • Participates regularly in physical activity.

Standard 4:

  • Achieves and maintains a health-enhancing level of physical fitness.

Standard 5:

  • Exhibits responsible personal and social behavior that respects self and others in physical activity settings.

Standard 6:

  • Values physical activity for health, enjoyment, challenge, self-expression, and/or social interaction.

(Moving into the Future: National Standards for Physical Education, 2nd Edition)

Return to List of Methodologies

Physical Education (PE) Assessment of Health‐Related Fitness

Note: The italicized texts in parenthesis are the variable names in the CLASS Data files (MS Excel, SPSS).

Physical Education (PE) Assessment of Health-Related Fitness – Elementary School (ES)

Variable name in data set: (ASSEES2)

Score

Description: The Physical Education (PE) Assessment of Health‐Related Fitness score reflects the degree to which state law requires assessment of student fitness (i.e., cardiovascular endurance, muscle strength and endurance, flexibility, and body composition) with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the ES grade level.

4

State requires public school districts to have students participate in an annual (or more frequent) standardized fitness test that addresses cardiovascular endurance, muscular strength, muscular endurance, flexibility, and body composition.

3

State requires public school districts to have students participate in a standardized fitness test more than once, but not annually, that addresses cardiovascular endurance, muscular strength, muscular endurance, flexibility, and body composition.

2

State requires public school districts to have students participate in a standardized health‐related fitness test at least once in ES, with or without specified fitness test components.

1

State only recommends health‐related fitness testing.

0

No requirement or recommendation for health‐related fitness assessment.

Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of Assessment of Health‐Related Fitness policies at the ES grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement factor (AssBonusES): Applies if state (e.g., state education agency) requires a report on results of such testing.

Potential Inhibiting factor (AsPenES): Applies if fitness test is required for only a portion of students in appropriate grades.

Decision rules:
Assessment Components: If a provision specifies that the physical fitness assessment includes all of the following components: cardiovascular endurance, muscular strength, muscular endurance, flexibility, and body composition, or specifies that the test to be administered is the Fitnessgram or the Presidential Physical Fitness Test, then the provision will be rated as including all of the necessary components.

State Specific (Wisconsin): only assess aerobic fitness, therefore only receives a score of (2).

Physical Education (PE) Assessment of Health-Related Fitness – Middle School (MS)

Variable name in data set: (ASSEMS2)

Score

Description: The Physical Education (PE) Assessment of Health‐Related Fitness Score reflects the degree to which state law requires assessment of student fitness (i.e., cardiovascular endurance, muscle strength and endurance, flexibility, and body composition) with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the MS grade level.

4

State requires public school districts to have students participate in an annual (or more frequent) standardized fitness test that addresses cardiovascular endurance, muscular strength, muscular endurance, flexibility, and body composition (or a standard fitness test that includes such components).

3

State requires public school districts to have students participate in a standardized fitness test more than once, but not annually, that addresses cardiovascular endurance, muscular strength, muscular endurance, flexibility, and body composition (or a standard fitness test that includes such components).

2

State requires public school districts to have students participate in a health‐related standardized fitness test at least once in MS, with or without specified fitness test components.

1

State only recommends health‐related fitness testing.

0

No requirement or recommendation for health‐related fitness assessment.

Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of Assessment of Health‐Related Fitness policies at the MS grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement factor (AssBonusMS): Applies if state (e.g., state education agency) requires a report on results of such testing.

Potential Inhibiting factor (AsPenMS): Applies if fitness test is required for only a portion of students in appropriate grades.

Decision rules:
Assessment Components: If a provision specifies that the physical fitness assessment includes all of the following components: cardiovascular endurance, muscular strength, muscular endurance, flexibility, and body composition, or specifies that the test to be administered is the Fitnessgram or the Presidential Physical Fitness Test, then the provision will be rated as including all of the necessary components.

State Specific (Wisconsin): only assess aerobic fitness, therefore only receives a score of (2).

Physical Education (PE) Assessment of Health-Related Fitness – High School (HS)

Variable name in data set: (ASSEHS2)

Score

Description: The Physical Education (PE) Assessment of Health‐Related Fitness Score reflects the degree to which state law requires assessment of student fitness (i.e., cardiovascular endurance, muscle strength and endurance, flexibility, and body composition) with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the HS grade level.

4

State requires public school districts to have students participate in an annual (or more frequent) standardized fitness test that addresses cardiovascular endurance, muscular strength, muscular endurance, flexibility, and body composition (or a standard fitness test that includes such components).

3

State requires public school districts to have students participate in a standardized fitness test more than once, but not annually, that addresses cardiovascular endurance, muscular strength, muscular endurance, flexibility, and body composition (or a standard fitness test that includes such components).

2

State requires public school districts to have students participate in a health‐related standardized fitness test at least once in HS, with or without specified fitness test components.

1

State only recommends health‐related fitness testing.

0

No requirement or recommendation for health‐related fitness assessment.


Enhancing/ Inhibiting Factors

Description: These are features in the codified law that may enhance or inhibit implementation of Assessment of Health‐Related Fitness policies at the HS grade level, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement factor (AssBonusHS): Applies if state (e.g., state education agency) requires a report on results of such testing.

Potential Inhibiting factor (AsPenHS): Applies if fitness test is required for only a portion of students in appropriate grades.

Decision rules:
Assessment Components: If a provision specifies that the physical fitness assessment includes all of the following components: cardiovascular endurance, muscular strength, muscular endurance, flexibility, and body composition, or specifies that the test to be administered is the Fitnessgram or the Presidential Physical Fitness Test, then the provision will be rated as including all of the necessary components.

State Specific (Wisconsin): only assess aerobic fitness, therefore only receives a score of (2).

Return to List of Methodologies

Recess Time

Recess Time – Elementary School (ES)

Variable name in data set: (RECESS)

Score

Description: The Physical Education (PE) Recess Time Score reflects the degree to which state law requires recess time for physical activity outside of the PE realm with respect to the National Association for Sport and Physical Education (NASPE) recommended standard. This policy area applies only to the Elementary School (ES) grade level.

4

State requires public ES to provide a minimum of 30 minutes of daily recess that does not substitute for PE.

3

State requires public ES to provide a minimum of 20 minutes but less than 30 minutes of daily recess that does not substitute for PE.

2

State requires public ES to provide recess for less than 20 minutes per day or requires recess without a time and/or frequency requirement that does not substitute for PE.

1

State recommends recess.

0

No requirement or recommendation.

Enhancing/ Inhibiting Factors

There are no enhancing or inhibiting factors in the codified law for this policy area.

Decision rules:
In the case where recess may be a substitution for physical education time requirements (e.g. ND ADC 67- 19-01-35):

  • Recess will be coded according the provision and PE Time must also receive the inhibiting factor: Potential Inhibiting factor: Applies if state permits substitution for PE based on a course or activity; or if state specifies that PE instruction is not required for the full school year

Return to List of Methodologies

MVPA Time Requirements

Note: The italicized text in parenthesis is the variable names in the CLASS Data Set.

Moderate-to-Vigorous Physical Activity Time Requirements – Elementary School (ES)

Variable name in data set: (MVPAES)

Score

Description: The MVPA Time Requirements score reflects the degree to which state law addresses the amount of time spent in moderate‐to‐vigorous physical activity (MVPA) during physical education (PE) instruction with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the ES grade level and CDC School Health Guidelines and IOM report.

4

State requires at least 75 minutes of moderate‐to‐vigorous PA in PE class per week.

3

State requires that at least 50 percent PE class time is spent in moderate‐to‐vigorous PA.

2

State requires PA be of moderate‐to‐vigorous intensity in PE without time or percentage requirement is <50 percent or without specific definition.

1

State only recommends PA be of moderate‐to‐vigorous intensity specifically in PE or recommends or requires that MVPA be included in other school‐based PA outside and not specifically inclusive of PE.

0

No MVPA time requirement or recommendation.

Enhancing/ Inhibiting Factors

There are no enhancing or inhibiting factors in the codified law for this policy area.

Decision rules:
State either specifies minutes per week, or combines requirements for PE class time and for MVPA in PE class—this counts for time requirement. (Added July 20, 2012)

State Specific (Nevada): Nevada did not receive a score because the provisions only address 2nd and 3rd grade, which is not enough to code all elementary school.

Provisions that require a pilot program are not coded.

Moderate-to-Vigorous Physical Activity Time Requirements – Middle School (MS)

Variable name in data set: (MVPAMS)

Score

Description: The MVPA Time Requirements score reflects the degree to which state law addresses the amount of time spent in moderate‐to‐vigorous physical activity (MVPA) during physical education (PE) instruction with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the MS grade level and CDC School Health Guidelines and IOM report.

4

State requires at least 100 minutes of moderate‐to‐vigorous PA in PE class per week.

3

State requires that at least 50% PE class time is spent in moderate-to-vigorous PA.

2

State requires PA be of moderate-to-vigorous intensity in PE without time or percentage requirement is <% or without specific definition.

1

State only recommends PA be of moderate‐to‐vigorous intensity specifically in PE or recommends or requires that MVPA be included in other school‐based PA outside and not specifically inclusive of PE.

0

No MVPA time requirement or recommendation.

Enhancing/ Inhibiting Factors

There are no enhancing or inhibiting factors in the codified law for this policy area.

Decision rules:
State either specifies minutes per week, or combines requirements for PE class time and for MVPA in PE class—this counts for time requirement. (Added July 20, 2012)

Provisions that require a pilot program are not coded.

Moderate-to-Vigorous Physical Activity Time Requirements – High School (HS)

Variable name in data set: (MVPAHS)

Score

Description: The MVPA Time Requirements score reflects the degree to which state law addresses the amount of time spent in moderate‐to‐vigorous physical activity (MVPA) during physical education (PE) instruction with respect to the National Association for Sport and Physical Education (NASPE) recommended standard at the HS grade level and CDC School Health Guidelines and IOM report.

4

State requires at least 100 minutes of moderate‐to‐vigorous PA in PE class per week.

3

State requires that at least 50% PE class time is spent in moderate-to-vigorous PA.

2

State requires PA be of moderate-to-vigorous intensity in PE without time or percentage requirement is <50% or without specific definition.

1

State only recommends PA be of moderate-to-vigorous intensity specifically in PE; or recommends or requires that MVPA be included in other school-based PA outside and not specifically inclusive of PE.

0

No MVPA time requirement or recommendation.

Enhancing/ Inhibiting Factors

There are no enhancing or inhibiting factors in the codified law for this policy area.

Decision rules:
State either specifies minutes per week, or combines requirements for PE class time and for MVPA in PE class—this counts for time requirement. (Added July 20, 2012)

Provisions that require a pilot program are not coded.

Return to List of Methodologies

Joint Use Agreement Requirement

Note: The italicized texts in parenthesis are the variable names in the CLASS Data Set.

Joint Use Requirement– Elementary School (ES)

Variable name in data set: (JNTUSEES)

Score

Description: The Joint Use Requirement score reflects the degree to which state law allows for joint use agreements between a school and a community partner with the aim of increasing access to school physical activity facilities as suggested in the CDC School Health Guidelines at the ES grade level.

4

State requires a formal written agreement between schools and communities or organizations that allows access to school's recreational facilities outside of school hours and contains 3 of the following 4 criteria:

  • Contains provision regarding liability

  • Contains provision regarding fees for use

  • Contains provision regarding insurance coverage

  • Contains provisions regarding operations and management of the facility

3

State requires a formal written agreement between schools and communities or organizations that allows access to school's recreational facilities outside of school hours without reference to liability, fees, insurance, or operations and management.

2

State requires schools to allow communities or organizations access to schools' recreational facilities outside of school hours, without a specific requirement for written agreements between the parties, or provisions regarding liability, fees, insurance, or operations and management.

1

State recommends informal cooperation between schools and communities or organizations that allow access to schools' recreational facilities outside of school hours, or else authorizes such cooperation, and references one or more of the following 4 criteria:

  • Contains provision regarding liability

  • Contains provision regarding fees for use

  • Contains provision regarding insurance coverage

  • Contains provisions regarding operations and management of the facility

0

No requirement or recommendation for a joint use agreement.

Enhancing/ Inhibiting Factors

There are no enhancing or inhibiting factors in the codified law for this policy area.

Decision rules:
Exclude laws that only discuss funding of joint use facilities (Added July 20, 2012)

Laws must specify recreational activities, not just opening up the facilities for civic duties or educational opportunities. (Added July 20, 2012)

Definitions: (Added July 20, 2012)

  • Formal Agreement: joint use agreement, or when the school must have a written agreement concerning access to schools’ recreational facilities.
  • -This includes situations where a written application must be submitted along with the fee for use (Example: HI, OH) (Added October 2014)
    Informal Agreement: when the state authorizes or requires schools to allow access to recreational facilities but does not specify that an agreement is required.
  • Communities or Organizations: includes other schools, parks, for-profit or non-profit organizations; essentially any group that enters into an agreement with an elementary/middle/high school is included.

A fee, or lack thereof (i.e. allowing the property to be used for free) counts as one of the elements. (Added July 20, 2012)

Exclude laws that only discuss liability and not joint-use/access issues. (Added July 20, 2012)

State Specific (Mississippi): Provisions only addressing summer use of facilities coded as a recommendation.

If grades are not specified in the joint use variable, then we will assume that the provision applies to all grades.

Joint Use Requirement– Middle School (MS)

Variable name in data set: (JNTUSEMS)

Score

Description: The Joint Use Requirement score reflects the degree to which state law allows for joint use agreements between a school and a community partner with the aim of increasing access to school physical activity facilities as suggested in the CDC School Health Guidelines at the MS grade level.

4

State requires a formal written agreement between schools and communities or organizations that allows access to school's recreational facilities outside of school hours and contains 3 of the following 4 criteria:

  • Contains provision regarding liability

  • Contains provision regarding fees for use

  • Contains provision regarding insurance coverage

  • Contains provisions regarding operations and management of the facility

3

State requires a formal written agreement between schools and communities or organizations that allows access to school's recreational facilities outside of school hours without reference to liability, fees, insurance or operations and management.

2

State requires schools to allow communities or organizations access to schools' recreational facilities outside of school hours, without a specific requirement for written agreements between the parties, or provisions regarding liability, fees, insurance, or operations and management.

1

State recommends informal cooperation between schools and communities or organizations that allow access to school's recreational facilities outside of school hours, or else authorizes such cooperation, and references one or more of the following 4 criteria:

  • Contains provision regarding liability

  • Contains provision regarding fees for use

  • Contains provision regarding insurance coverage

  • Contains provisions regarding operations and management of the facility

0

No requirement or recommendation for a joint use agreement.

Enhancing/ Inhibiting Factors

There are no enhancing or inhibiting factors in the codified law for this policy area.

Decision rules:
Exclude laws that only discuss funding of joint use facilities (Added July 20, 2012)

Laws must specify recreational activities, not just opening up the facilities for civic duties or educational opportunities. (Added July 20, 2012)

Definitions: (Added July 20, 2012)

  • Formal Agreement: joint use agreement, or when the school must have a written agreement concerning access to schools’ recreational facilities.
  • -This includes situations where a written application must be submitted along with the fee for use (Example: HI, OH)
  • Informal Agreement: when the state authorizes or requires schools to allow access to recreational facilities but does not specify that an agreement is required.
  • Communities or Organizations: includes other schools, parks, for-profit or non-profit organizations; essentially any group that enters into an agreement with an elementary/middle/high school is included.

A fee, or lack thereof (i.e. allowing the property to be used for free) counts as one of the elements. (Added July 20, 2012)

Exclude laws that only discuss liability and not joint-use/access issues. (Added July 20, 2012)

State Specific (Mississippi): Provisions only addressing summer use of facilities coded as a recommendation.

If grades are not specified in the joint use variable, then we will assume that the provision applies to all grades.

Joint Use Requirement– High School (HS)

Variable name in data set: (JNTUSEHS)

Score

Description: The Joint Use Requirement score reflects the degree to which state law allows for joint use agreements between a school and a community partner with the aim of increasing access to school physical activity facilities as suggested in the CDC School Health Guidelines at the HS grade level.

4

State requires a formal written agreement between schools and communities or organizations that allows access to school's recreational facilities outside of school hours and contains 3 of the following 4 criteria:

  • Contains provision regarding liability

  • Contains provision regarding fees for use

  • Contains provision regarding insurance coverage

  • Contains provisions regarding operations and management of the facility

3

State requires a formal written agreement between schools and communities or organizations that allows access to school's recreational facilities outside of school hours without reference to liability, fees, insurance, or operations and management.

2

State requires schools to allow communities or organizations access to schools' recreational facilities outside of school hours, without a specific requirement for written agreements between the parties, or provisions regarding liability, fees, insurance, or operations and management.

1

State recommends informal cooperation between schools and communities or organizations that allow access to school's recreational facilities outside of school hours, or else authorizes such cooperation and references one or more of the following 4 criteria:

  • Contains provision regarding liability

  • Contains provision regarding fees for use

  • Contains provision regarding insurance coverage

  • Contains provisions regarding operations and management of the facility

0

No requirement or recommendation for a joint use agreement.

Enhancing/ Inhibiting Factors

There are no enhancing or inhibiting factors in the codified law for this policy area.

Decision rules:
Exclude laws that only discuss funding of joint use facilities (Added July 20, 2012)

Laws must specify recreational activities, not just opening up the facilities for civic duties or educational opportunities. (Added July 20, 2012)

Definitions: (Added July 20, 2012)

  • Formal Agreement: joint use agreement, or when the school must have a written agreement concerning access to schools’ recreational facilities.
  • -This includes situations where a written application must be submitted along with the fee for use (Example: HI, OH)
  • Informal Agreement: when the state authorizes or requires schools to allow access to recreational facilities but does not specify that an agreement is required.
  • Communities or Organizations: includes other schools, parks, for-profit or non-profit organizations; essentially any group that enters into an agreement with an elementary/middle/high school is included.

A fee, or lack thereof (i.e. allowing the property to be used for free) counts as one of the elements. (Added July 20, 2012)

Exclude laws that only discuss liability and not joint-use/access issues. (Added July 20, 2012)

State Specific (Mississippi): Provisions only addressing summer use of facilities coded as a recommendation.

If grades are not specified in the joint use variable, then we will assume that the provision applies to all grades.

Return to List of Methodologies

Physical Education (PE) Proficiency Requirement

Note: The italicized texts in parenthesis are the variable names in the CLASS Data Set.

Physical Education (PE) Proficiency Requirement– Elementary School (ES)

Variable name in data set: (PEPROFES)

Score

Description: The Physical Education (PE) Proficiency Requirement score reflects the degree to which state law requires PE proficiency with specific motor skills with respect to the CDC School Health Guidelines at the ES grade level.

4

State requires physical education performance or proficiencies with specified skills‐based learning objectives and instruction based components (i.e. diagnostic (to form a baseline of where students are before they start a learning program), formative (an ongoing part of the learning process), or summative (to determine what students have gained as a result of the learning program) assessments).

3

State requires physical education performance or proficiencies with specified skills‐based learning objectives.

2

State requires physical education performance or proficiencies with a general mandate for skills‐based learning objectives.

1

State only recommends physical education performance or proficiencies or requires PE standards without a general mandate for skills‐based learning objectives.

0

No requirement or recommendation for PE proficiency.

Enhancing/ Inhibiting Factors

There are no enhancing or inhibiting factors in the codified law for this policy area.

Decision rules:
This variable is designed to capture whether students are graded and assessed on motor skills (proficiency). This is different from ASSE which is designed to capture fitness assessments.

Do not include assessments because it is already covered in the PE-Assessments variable. (Added July 20, 2012)

If the provision recommends or requires physical education curriculum standards, without detailing specific proficiency requirements, it will also receive a score of 1 for PE Proficiencies.

Tennessee: coded as a 2, because the provision sets out proficiencies standards but no specifics from 2006 onwards.

State Specific (Pennsylvania): Physical education proficiencies that focus on knowledge attainment only will receive a score of 1.

State Specific (Virginia): Virginia provisions made a distinction between gaining knowledge versus comprehending/understanding. The state received a score of 3 because it required proficiencies (understanding) of the classroom-based part of physical education.

If state requires National Association for Sport and Physical Education (NASPE) standards, then it receives a score of at least a 3.

Examples:

Score of 1 —Mass. Gen. Laws Ann. Ch.71, § 3 (Massachusetts) Physical education shall be taught as a required subject in all grades for all students in the public schools for the purpose of promoting the physical well-being of such students. Instruction in physical education may include calisthenics, gymnastics and military drill;

Score of 2 —Fla. Stat. § 1003.41 (Florida) Establish the core curricular content for visual and performing arts, physical education, health, and foreign languages. Standards for these subjects must establish specific curricular content and include distinct grade level expectations for the core content knowledge and skills that a student is expected to have acquired by each individual grade level from kindergarten through grade 5. The standards for grades 6 through 12 may be organized by grade clusters of more than one grade level.

Score of 3 —includes laws that list specific skills that students should be able to demonstrate, without saying how they will be evaluated on achievement

Alaska Admin. Code tit. 4, § 04.140 (Incorporated by reference Alaska Content Standards)

Grades 6-8 Objectives

(Proficiency): In middle school, grades 6-8, students further develop specialized skills within movement forms and enhance physical fitness through involvement in a variety of dual and individual modified sports and outdoor activities. Students participate in physical activities that lead to active lifestyles and lifetime wellness. Social and emotional development is enhanced through activities that require team building.

By the end of Grade 8, students will:

Standard A
(Curriculum Standard): Demonstrate competency in motor and movement skills needed to perform a variety of physical activities

  1. (Skills assessments) Demonstrate competent skills for participation in modified team activities (e.g., basketball, volleyball, softball, ultimate Frisbee).
  2. Demonstrate competent skills for participation in individual and dual activities (golf, Frisbee, bowling, racquet/paddle sports, Native Youth Olympics games)
  3. Demonstrate competent skills for participation in non-competitive individual activities (e.g., weight training/resistance training, swimming, exercise).
  4. Demonstrate competency for participation in rhythmic activities (e.g., social, folk, Native dances).
  5. Demonstrate competency for participation in adventure/outdoor activities (e.g., orienteering, snowshoeing, skating).
  6. Explore Alaskan cultural physical activities (e.g., Native Youth Olympics games and dances).

Score of 4—includes laws that list specific skills that students should be able to demonstrate, as well as how they will be evaluated on mastering the skill
Idaho Admin. Code r. 08.02.03.004 (Incorporated by reference, ID Content Standards for PE)
Standard 3: Valuing a Physically Active Lifestyle

Goal 3.1: Participate daily in physical activity for health, enjoyment and/or satisfaction, challenge, self-expression and/or social interaction.
Objective(s): By the end of grade 5, students will:

3-5.PE.3.1.1 Participate in developmentally appropriate moderate to vigorous physical activity a minimum of 33% of the lesson time (e.g., time assessment, pedometer = 1800 steps in a 30 minute class or 60 steps per minute, etc.).

3-5.PE.3.1.2 Participate daily in moderate to vigorous physical activity during and outside of class as recommended by NASPE, CDC, and USDHHS of at least 60 minutes or more per day (e.g., activity logs, step count of at least 12000 steps per day, activity breaks, etc.).

3-5.PE.3.1.3 Identify and/or make use of opportunities at school and within the community for regular participation in physical activity (e.g., enroll in organized school activity, etc.).

3-5.PE.3.1.4 Seek personally challenging experiences in physical activity (e.g., sets realistic improvement goals for a greater challenge in existing activity, etc.).

Standard 5: Personal and Social Responsibility

Goal 5.1: Exhibit responsible and social behavior that respects self and others in physical activity settings.
Objective(s): By the end of grade 5, students will:

3-5.PE.5.1.1 Identify the purposes for and follow safe practices, rules, procedures, and etiquette (e.g. help a peer, use equipment appropriately, accept teacher decision regarding a rule infraction without blaming, etc.).

3-5.PE.5.1.2 Work independently and cooperatively in groups to complete tasks and challenges (e.g. develop a creative game, practice to improve performance in and out of school, team building challenges, task cards, etc.).

3-5.PE.5.1.3 Appreciate the diversity of others by cooperating with those of a different gender, race, ethnicity, and ability (e.g. dancing with a peer of a different gender, modify an activity for inclusion; cultural games, etc.)

Physical Education (PE) Proficiency Requirement– Middle School (MS)

Variable name in data set: (PEPROFMS)

Score

Description: The Physical Education (PE) Proficiency Requirement score reflects the degree to which state law requires PE proficiency with specific motor skills with respect to the CDC School Health Guidelines at the MS grade level.

4

State requires physical education performance or proficiencies with specified skills‐based learning objectives and instruction based components (i.e. diagnostic (to form a baseline of where students are before they start a learning program), formative (an ongoing part of the learning process), or summative (to determine what students have gained as a result of the learning program) assessments).

3

State requires physical education performance or proficiencies with specified skills‐based learning objectives.

2

State requires physical education performance or proficiencies with a general mandate for skills‐based learning objectives.

1

State only recommends physical education performance or proficiencies or requires PE standards without a general mandate for skills‐based learning objectives.

0

No requirement or recommendation for PE proficiency.

Enhancing/ Inhibiting Factors

There are no enhancing or inhibiting factors in the codified law for this policy area.

Decision rules:
This variable is designed to capture whether students are graded and assessed on motor skills (proficiency). This is different from ASSE which is designed to capture fitness assessments.

Do not include assessments because it is already covered in the PE-Assessments variable. (Added July 20, 2012)

If the provision recommends or requires physical education curriculum standards, without detailing specific proficiency requirements, it will also receive a score of 1 for PE Proficiencies.

Tennessee: coded as a 2, because the provision sets out proficiencies standards but no specifics from 2006 onwards.

State Specific (Pennsylvania): Physical education proficiencies that focus on knowledge attainment only will receive a score of 1.

State Specific (Virginia): Virginia provisions made a distinction between gaining knowledge versus comprehending/understanding. The state received a score of 3 because it required proficiencies (understanding) of the classroom-based part of physical education.

If state requires National Association for Sport and Physical Education (NASPE) standards, then it receives a score of at least a 3.

Examples:

Score of 1 —Mass. Gen. Laws Ann. Ch.71, § 3 (Massachusetts) Physical education shall be taught as a required subject in all grades for all students in the public schools for the purpose of promoting the physical well-being of such students. Instruction in physical education may include calisthenics, gymnastics and military drill;

Score of 2 —Fla. Stat. § 1003.41 (Florida) Establish the core curricular content for visual and performing arts, physical education, health, and foreign languages. Standards for these subjects must establish specific curricular content and include distinct grade level expectations for the core content knowledge and skills that a student is expected to have acquired by each individual grade level from kindergarten through grade 5. The standards for grades 6 through 12 may be organized by grade clusters of more than one grade level.

Score of 3 —includes laws that list specific skills that students should be able to demonstrate, without saying how they will be evaluated on achievement

Alaska Admin. Code tit. 4, § 04.140 (Incorporated by reference Alaska Content Standards)

Grades 6-8 Objectives

(Proficiency): In middle school, grades 6-8, students further develop specialized skills within movement forms and enhance physical fitness through involvement in a variety of dual and individual modified sports and outdoor activities. Students participate in physical activities that lead to active lifestyles and lifetime wellness. Social and emotional development is enhanced through activities that require team building.

By the end of Grade 8, students will:

Standard A
(Curriculum Standard): Demonstrate competency in motor and movement skills needed to perform a variety of physical activities

  1. (Skills assessments) Demonstrate competent skills for participation in modified team activities (e.g., basketball, volleyball, softball, ultimate Frisbee).
  2. Demonstrate competent skills for participation in individual and dual activities (golf, Frisbee, bowling, racquet/paddle sports, Native Youth Olympics games)
  3. Demonstrate competent skills for participation in non-competitive individual activities (e.g., weight training/resistance training, swimming, exercise).
  4. Demonstrate competency for participation in rhythmic activities (e.g., social, folk, Native dances).
  5. Demonstrate competency for participation in adventure/outdoor activities (e.g., orienteering, snowshoeing, skating).
  6. Explore Alaskan cultural physical activities (e.g., Native Youth Olympics games and dances).

Score of 4—includes laws that list specific skills that students should be able to demonstrate, as well as how they will be evaluated on mastering the skill
Idaho Admin. Code r. 08.02.03.004 (Incorporated by reference, ID Content Standards for PE)
Standard 3: Valuing a Physically Active Lifestyle

Goal 3.1: Participate daily in physical activity for health, enjoyment and/or satisfaction, challenge, self-expression and/or social interaction.
Objective(s): By the end of grade 5, students will:

3-5.PE.3.1.1 Participate in developmentally appropriate moderate to vigorous physical activity a minimum of 33% of the lesson time (e.g., time assessment, pedometer = 1800 steps in a 30 minute class or 60 steps per minute, etc.).

3-5.PE.3.1.2 Participate daily in moderate to vigorous physical activity during and outside of class as recommended by NASPE, CDC, and USDHHS of at least 60 minutes or more per day (e.g., activity logs, step count of at least 12000 steps per day, activity breaks, etc.).

3-5.PE.3.1.3 Identify and/or make use of opportunities at school and within the community for regular participation in physical activity (e.g., enroll in organized school activity, etc.).

3-5.PE.3.1.4 Seek personally challenging experiences in physical activity (e.g., sets realistic improvement goals for a greater challenge in existing activity, etc.).

Standard 5: Personal and Social Responsibility

Goal 5.1: Exhibit responsible and social behavior that respects self and others in physical activity settings.
Objective(s): By the end of grade 5, students will:

3-5.PE.5.1.1 Identify the purposes for and follow safe practices, rules, procedures, and etiquette (e.g. help a peer, use equipment appropriately, accept teacher decision regarding a rule infraction without blaming, etc.).

3-5.PE.5.1.2 Work independently and cooperatively in groups to complete tasks and challenges (e.g. develop a creative game, practice to improve performance in and out of school, team building challenges, task cards, etc.).

3-5.PE.5.1.3 Appreciate the diversity of others by cooperating with those of a different gender, race, ethnicity, and ability (e.g. dancing with a peer of a different gender, modify an activity for inclusion; cultural games, etc.)

Physical Education (PE) Proficiency Requirement– High School (HS)

Variable name in data set: (PEPROFHS)

Score

Description: The Physical Education (PE) Proficiency Requirement score reflects the degree to which state law requires PE proficiency with specific motor skills with respect to the CDC School Health Guidelines at the HS grade level.

4

State requires physical education performance or proficiencies with specified skills‐based learning objectives and instruction based components (i.e. diagnostic (to form a baseline of where students are before they start a learning program), formative (an ongoing part of the learning process), or summative (to determine what students have gained as a result of the learning program) assessments).

3

State requires physical education performance or proficiencies with specified skills‐based learning objectives.

2

State requires physical education performance or proficiencies with a general mandate for skills‐based learning objectives.

1

State only recommends physical education performance or proficiencies or requires PE standards without a general mandate for skills‐based learning objectives.

0

No requirement or recommendation for PE proficiency.

Enhancing/ Inhibiting Factors


There are no enhancing or inhibiting factors in the codified law for this policy area.

Decision rules:
This variable is designed to capture whether students are graded and assessed on motor skills (proficiency). This is different from ASSE which is designed to capture fitness assessments.

Do not include assessments because it is already covered in the PE-Assessments variable. (Added July 20, 2012)

If the provision recommends or requires physical education curriculum standards, without detailing specific proficiency requirements, it will also receive a score of 1 for PE Proficiencies.

Tennessee: coded as a 2, because the provision sets out proficiencies standards but no specifics from 2006 onwards.

State Specific (Pennsylvania): Physical education proficiencies that focus on knowledge attainment only will receive a score of 1.

State Specific (Virginia): Virginia provisions made a distinction between gaining knowledge versus comprehending/understanding. The state received a score of 3 because it required proficiencies (understanding) of the classroom-based part of physical education.

If state requires National Association for Sport and Physical Education (NASPE) standards, then it receives a score of at least a 3.

Examples:

Score of 1 —Mass. Gen. Laws Ann. Ch.71, § 3 (Massachusetts) Physical education shall be taught as a required subject in all grades for all students in the public schools for the purpose of promoting the physical well-being of such students. Instruction in physical education may include calisthenics, gymnastics and military drill;

Score of 2 —Fla. Stat. § 1003.41 (Florida) Establish the core curricular content for visual and performing arts, physical education, health, and foreign languages. Standards for these subjects must establish specific curricular content and include distinct grade level expectations for the core content knowledge and skills that a student is expected to have acquired by each individual grade level from kindergarten through grade 5. The standards for grades 6 through 12 may be organized by grade clusters of more than one grade level.

Score of 3 —includes laws that list specific skills that students should be able to demonstrate, without saying how they will be evaluated on achievement

Alaska Admin. Code tit. 4, § 04.140 (Incorporated by reference Alaska Content Standards)

Grades 6-8 Objectives

(Proficiency): In middle school, grades 6-8, students further develop specialized skills within movement forms and enhance physical fitness through involvement in a variety of dual and individual modified sports and outdoor activities. Students participate in physical activities that lead to active lifestyles and lifetime wellness. Social and emotional development is enhanced through activities that require team building.

By the end of Grade 8, students will:

Standard A
(Curriculum Standard): Demonstrate competency in motor and movement skills needed to perform a variety of physical activities

  1. (Skills assessments) Demonstrate competent skills for participation in modified team activities (e.g., basketball, volleyball, softball, ultimate Frisbee).
  2. Demonstrate competent skills for participation in individual and dual activities (golf, Frisbee, bowling, racquet/paddle sports, Native Youth Olympics games)
  3. Demonstrate competent skills for participation in non-competitive individual activities (e.g., weight training/resistance training, swimming, exercise).
  4. Demonstrate competency for participation in rhythmic activities (e.g., social, folk, Native dances).
  5. Demonstrate competency for participation in adventure/outdoor activities (e.g., orienteering, snowshoeing, skating).
  6. Explore Alaskan cultural physical activities (e.g., Native Youth Olympics games and dances).

Score of 4—includes laws that list specific skills that students should be able to demonstrate, as well as how they will be evaluated on mastering the skill
Idaho Admin. Code r. 08.02.03.004 (Incorporated by reference, ID Content Standards for PE)
Standard 3: Valuing a Physically Active Lifestyle

Goal 3.1: Participate daily in physical activity for health, enjoyment and/or satisfaction, challenge, self-expression and/or social interaction.
Objective(s): By the end of grade 5, students will:

3-5.PE.3.1.1 Participate in developmentally appropriate moderate to vigorous physical activity a minimum of 33% of the lesson time (e.g., time assessment, pedometer = 1800 steps in a 30 minute class or 60 steps per minute, etc.).

3-5.PE.3.1.2 Participate daily in moderate to vigorous physical activity during and outside of class as recommended by NASPE, CDC, and USDHHS of at least 60 minutes or more per day (e.g., activity logs, step count of at least 12000 steps per day, activity breaks, etc.).

3-5.PE.3.1.3 Identify and/or make use of opportunities at school and within the community for regular participation in physical activity (e.g., enroll in organized school activity, etc.).

3-5.PE.3.1.4 Seek personally challenging experiences in physical activity (e.g., sets realistic improvement goals for a greater challenge in existing activity, etc.).

Standard 5: Personal and Social Responsibility

Goal 5.1: Exhibit responsible and social behavior that respects self and others in physical activity settings.
Objective(s): By the end of grade 5, students will:

3-5.PE.5.1.1 Identify the purposes for and follow safe practices, rules, procedures, and etiquette (e.g. help a peer, use equipment appropriately, accept teacher decision regarding a rule infraction without blaming, etc.).

3-5.PE.5.1.2 Work independently and cooperatively in groups to complete tasks and challenges (e.g. develop a creative game, practice to improve performance in and out of school, team building challenges, task cards, etc.).

3-5.PE.5.1.3 Appreciate the diversity of others by cooperating with those of a different gender, race, ethnicity, and ability (e.g. dancing with a peer of a different gender, modify an activity for inclusion; cultural games, etc.)

Return to List of Methodologies

Physical Education (PE) Teacher Requirement

Note: The italicized texts in parenthesis are the variable names in the CLASS Data Set.

Physical Education (PE) Teacher Requirement– Elementary School (ES)

Variable name in data set: (PETEACHES) *new 2013

Score

Description: The PE Teacher Requirement score reflects the degree to which state law requires PE to be taught by a licensed/credentialed/endorsed physical education teacher.

3

State requires that all teachers be licensed/credentialed/endorsed in physical education in order to teach PE.

2

State requires that newly hired teachers be licensed/credentialed/endorsed in physical education in order to teach PE.

1

State recommends that teachers be licensed/credentialed/endorsed in physical education in order to teach PE.

0

No requirement or recommendation for who teaches PE classes.

Enhancing/ Inhibiting Factors


There are no enhancing or inhibiting factors for this variable.

Decision rules:
PETEACHES aims to capture laws that prohibit PE classes from being taught by teachers licensed in other areas. For example, a law which makes it impossible for a math teacher to stand in as a PE teacher, instead requiring that the individual teaching the PE class is in fact licensed in that subject area.

Score of 1: Arkansas 005 01 CARR 008

7.10 Physical Education Instruction in Grades Kindergarten through Six (K-6):
7.10.1 For grades K-6, physical education classes will have a maximum student to adult ratio of 30:1.
7.10.1.1 At least one of the adults directly supervising the physical education classes must be a licensed physical
education teacher or licensed elementary teacher. The licensed physical education teacher or elementary teacher will be responsible for the delivery of physical education instruction.
7.10.1.2 Non-licensed personnel may assist in filling the 30:1 student to adult ratio requirement if they are trained
and assigned to supervise physical education classes.

Score of 2: Ohio Rev. Stat. 3319.076

No school district shall employ any classroom teacher initially hired on or after July 1, 2013, to provide instruction in physical education in any of grades kindergarten through twelve unless the teacher holds a valid license issued pursuant to section 3319.22 of the Revised Code for teaching physical education.

Score of 3 (Includes provisions that require alignment with NASPE): Mo. Rev. Stat. 167.720

(2) “Physical education”, instruction in healthy active living by a teacher certificated to teach physical education structured in such a way that it is a regularly scheduled class for students

Physical Education (PE) Teacher Requirement– Middle School (MS)

Variable name in data set: (PETEACHMS)*new 2013

Score

Description: The PE Teacher Requirement score reflects the degree to which state law requires PE to be taught by a licensed/credentialed/endorsed physical education teacher.

3

State requires that all teachers be licensed/credentialed/endorsed in physical education in order to teach PE.

2

State requires that newly hired teachers be licensed/credentialed/endorsed in physical education in order to teach PE.

1

State recommends that teachers be licensed/credentialed/endorsed in physical education in order to teach PE.

0

No requirement or recommendation for who teaches PE classes.

Enhancing/ Inhibiting Factors


There are no enhancing or inhibiting factors for this variable.

Decision rules:
PETEACHES aims to capture laws that prohibit PE classes from being taught by teachers licensed in other areas. For example, a law which makes it impossible for a math teacher to stand in as a PE teacher, instead requiring that the individual teaching the PE class is in fact licensed in that subject area.

Score of 1: Arkansas 005 01 CARR 008

7.10 Physical Education Instruction in Grades Kindergarten through Six (K-6):
7.10.1 For grades K-6, physical education classes will have a maximum student to adult ratio of 30:1.
7.10.1.1 At least one of the adults directly supervising the physical education classes must be a licensed physical
education teacher or licensed elementary teacher. The licensed physical education teacher or elementary teacher will be responsible for the delivery of physical education instruction.
7.10.1.2 Non-licensed personnel may assist in filling the 30:1 student to adult ratio requirement if they are trained
and assigned to supervise physical education classes.

Score of 2: Ohio Rev. Stat. 3319.076

No school district shall employ any classroom teacher initially hired on or after July 1, 2013, to provide instruction in physical education in any of grades kindergarten through twelve unless the teacher holds a valid license issued pursuant to section 3319.22 of the Revised Code for teaching physical education.

Score of 3 (Includes provisions that require alignment with NASPE): Mo. Rev. Stat. 167.720

(2) “Physical education”, instruction in healthy active living by a teacher certificated to teach physical education structured in such a way that it is a regularly scheduled class for students

Physical Education (PE) Teacher Requirement– High School (HS)

Variable name in data set: (PETEACHHS)*new 2013

Score

Description: The PE Teacher Requirement score reflects the degree to which state law requires PE to be taught by a licensed/credentialed/endorsed physical education teacher.

3

State requires that all teachers be licensed/credentialed/endorsed in physical education in order to teach PE.

2

State requires that newly hired teachers be licensed/credentialed/endorsed in physical education in order to teach PE.

1

State recommends that teachers be licensed/credentialed/endorsed in physical education in order to teach PE.

0

No requirement or recommendation for who teaches PE classes.

Enhancing/ Inhibiting Factors


There are no enhancing or inhibiting factors for this variable.

Decision rules:
PETEACHES aims to capture laws that prohibit PE classes from being taught by teachers licensed in other areas. For example, a law which makes it impossible for a math teacher to stand in as a PE teacher, instead requiring that the individual teaching the PE class is in fact licensed in that subject area.

Score of 1: Arkansas 005 01 CARR 008

7.10 Physical Education Instruction in Grades Kindergarten through Six (K-6):
7.10.1 For grades K-6, physical education classes will have a maximum student to adult ratio of 30:1.
7.10.1.1 At least one of the adults directly supervising the physical education classes must be a licensed physical
education teacher or licensed elementary teacher. The licensed physical education teacher or elementary teacher will be responsible for the delivery of physical education instruction.
7.10.1.2 Non-licensed personnel may assist in filling the 30:1 student to adult ratio requirement if they are trained
and assigned to supervise physical education classes.

Score of 2: Ohio Rev. Stat. 3319.076

No school district shall employ any classroom teacher initially hired on or after July 1, 2013, to provide instruction in physical education in any of grades kindergarten through twelve unless the teacher holds a valid license issued pursuant to section 3319.22 of the Revised Code for teaching physical education.

Score of 3 (Includes provisions that require alignment with NASPE): Mo. Rev. Stat. 167.720

(2) “Physical education”, instruction in healthy active living by a teacher certificated to teach physical education structured in such a way that it is a regularly scheduled class for students

CLASS School Nutrition-Environment State Policy Classification System (SNESPC) Scoring Key & Variable Information

The Classification of Laws Associated with School Students (CLASS) incorporates a policy
classification system to score state-level codified laws for nutrition in schools. The scoring criteria for
these systems are based on public health research and national standards for nutrition developed by a
number of organizations, including the Institute of Medicine, the United States Department of
Agriculture, the Centers for Disease Control and Prevention, the National Association of State Boards of
Education, and the American College of Preventive Medicine. For more information on nutrition
standards for foods in schools, please visit: www.cdc.gov/healthyyouth/nutrition/pdf/nutrition_factsheet_parents.pdf.

The Nutrition Scoring Key provides CLASS data users a quick reference to the criteria used to score
state law for a specific policy area, and associated enhancing or inhibiting factors* for a given policy area.
This document complements the Data Set and Code Book, providing more detail on scoring criteria, and
can be used in conjunction with both EXCEL and SPSS SNESPC data files.


Description of the CLASS Data Set and Related Documents

The Data Set includes:

  1. CLASS scores, in EXCEL and SPSS formats, for each policy area organized by year (2003 - 2008, 2010, 2012, 2013, 2014, 2015, 2016, 2017, 2018) and grade level for each state.
  2. Variables in the data set that are not part of the CLASS scoring system but provide contextual information (e.g., YEAR, State abbreviation, State FIPS code [STFIPS] the 5 digit Federal Information Processing Standard code which uniquely identifies counties and county equivalents).

The Policy Citation File includes:

  1. Excel Worksheet indicating the citation for the relevant state statute or regulation used for coding.
  2. Excel Worksheet denoting when a particular law will go into effect, if it did not go into effect the year it was created.

The Scoring Key includes:

  1. Variable name for each policy area in the data set (noted in italics next to policy area and grade level).
  2. Description of each variable and accompanying descriptions of each score.
  3. Description of the enhancing or inhibiting factors associated with each policy area.

The Code Book includes:

  1. The variable names and labels for each variable used in a CLASS scoring system (i.e. Nutrition & PE).
  2. Variables in the data set that are not part of the CLASS scoring system, but provide contextual information (e.g., YEAR, State FIPS code [STFIPS], state abbreviation).

Notes on the CLASS Data Set and Related Documents:

  1. The CLASS data set has been compiled using codified statutes and regulations in all 50 states and the District of Columbia. Board policies that are not embedded by reference into the law are not included here (ex. Hawaii Board of Education Policies). In addition, DC has been coded using the DC Statutory Code and DC Municipal Regulations, but note that the DC School District also maintains a Local Wellness Policy that is not coded here.
  2. Over time, new policy areas have been made to the CLASS scoring system. When a new variable has been added, scores are not available for prior years and noted in the Scoring Key.
  3. In addition to the primary scores, there are features in the codified law that may enhance or inhibit the implementation of a law. These factors are listed for the policy area to which they apply.
  4. Generally scores are provided for policy area variables by grade level (i.e., elementary, middle, and high school). For some variables, a score will apply across grade levels (e.g. School Meal Environment; Food Service Director Qualifications; Coordinating, Advisory, Wellness Councils; Nutrition Education; Marketing: Advertising and Promotion Restrictions; Marketing: Preferential Pricing; and Body Mass Index (BMI) Screening). The instances where this occurs are denoted in the Scoring Key.

*Enhancing and inhibiting factors are features in the codified law that may enhance or inhibit implementation of law. The enhancing and inhibiting factors are listed for the policy area to which it applies.

C.LA.S.S. SNESPCS SCORING KEY

Definition of terms that are used throughout the SNESPCS

Competitive foods: USDA and GAO defined to include all foods and beverages sold or served outside of the reimbursable federal school meal program.1,2
Federal dietary guidelines: This refers to the 2005 federal dietary guidelines that recommends total fat intake between 20 to 35% of calories (saturated fat at less than 10% of calories) for ages 4 to 18, little added sugars or caloric sweeteners, and consumption of fiber rich fruit, vegetables and whole grains and non-fat and low-fat dairy foods.3
Food of minimal nutritional value (FMNV): Such food include carbonated beverages, water ices, chewing gum, hard candy, jellies and gums, marshmallow candies, fondant, licorice, spun candy, and candy-coated popcorn (7 CFR 210 Appendix B).4,5
Food and beverages of low nutritive value: This refers to food and beverages providing most of its calories from fat and/or sugar and few vitamins and minerals.
HealthierUS Challenge Criteria: Developed in 2004, the HealthierUS School Challenge, administered by USDA's Food and Nutrition Service (FNS), recognizes schools that have taken a leadership role in helping students learn to make healthy eating and active lifestyle choices through the HealthierUS School Challenge. Schools can be awarded a gold, silver or bronze level award for making changes to their school nutrition environments, improving the quality of the foods served, and providing students with more nutritious, healthy choices. http://www.fns.usda.gov/tn/healthierus/criteria_instructions.pdf.6
HealthierUS Challenge Whole Grain document: HealthierUS Whole Grains Challenge: Whole Grains Resource
http://www.fns.usda.gov/tn/HealthierUS/WholeGrainsforHealthierUS.pdf.
IOM Standards: Nutrition standards for foods in schools, established by the Institute of Medicine, 2007.
Smart Snacks in Schools: USDA competitive food interim final rule, codified at 7 CFR 210.11.
USDA Memo dated 12/17/07: Incorporating the 2005 Dietary Guidelines for Americans into School Meals (memo code: SP 04-2008): Memo to USDA Regions and State Child Nutrition Programs provides recommendations and guidance for fruits and vegetables, whole grains, milk, cholesterol, and other nutrients/food groups to enhance meal patterns.
Whole School, Whole Community, Whole Child: Framework developed by Centers for Disease Control and Prevention that expands upon the Coordinated School Health Program.

A la carte in Cafeterias (Non-entrée) Snacks Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- ALASNAES, MS Level- ALASNAMS, HS Level- ALASNAHS

Score

Description: The a la carte in cafeterias snacks score reflects the degree to which state law addresses the amount of cafeteria snacks with respect to the IOM recommended standard at the ES, MS, and HS grade level.

6

State prohibits the sale or service of A la carte (individual, non-entrée) food outside the reimbursable school meal programs, during the service of meals in the cafeteria, or allows only the following exceptions:

Non-entrée food items limited to:

  • Non-fried fruit (fresh or packed in juice or water), and vegetables, whole grain products, non-fat and low fat dairy products (nonfat or 1% only, flavored or non-flavored) that are 200 calories or less per serving6 and

  • No more than 35% of total calories from fat (with the exception of nut/seed products)

  • Less than 10% calories from saturated fat and

  • Zero trans fat and

  • 35% or less by weight of total sugars or 35% or less of calories from total sugars (does not apply to dairy or fruit products) and

  • Sodium content 200 mg or less

Note: Points will apply if state has established a standard that uses a gram limit that is comparable to the % limits identified above for fat, saturated fat and sugar (i.e., no more than 6 grams of total fat per 150 calorie portion).

5

State allows the sale or service of only the following A la carte (individual, non-entrée) food outside the reimbursable school meal programs, during the service of meals in the cafeteria:

Non-entrée food items limited to:

  • 200 calories or less per serving and

  • No more than 35% of total calories from fat (with the exception of nut/seed products) and

  • No more than 10% calories from saturated fat and

  • Zero trans fat and

  • 35% or less by weight of total sugars or 35% or less of calories from total sugars (does not apply to fruit or dairy) and

  • Sodium content 200 mg or less

Note: Points will apply if state has established a standard that uses a gram limit that is comparable to the % limits identified above for fat, saturated fat and sugar (i.e., no more than 6 grams of total fat per 150 calorie portion).

4

State mandates nutrition standards of A la carte (individual, non-entrée) food with specified limits on calories, or fats (saturated or trans), or total or added sugar, or sodium.

3

State restricts sale/service of A la carte food of low nutritive value that meets federal requirements for FMNV,i but without establishing nutrition standards that meet or exceed federal dietary guidelines.3

2

State requirement for A la carte food sold or served in cafeterias outside the school meal program is undefined (e.g., “healthy” foods and beverages must be available); or state requires a state agency to develop and adopt nutrition standards applicable to A la carte sales/service.

1

State recommends nutrition standards for A la carte items.

0

No provision.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of A la carte in Cafeterias (Non-entrée) Snacks Requirement policies and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Note: Exceptions to total sugar limit are allowed for dairy products and fruits

Potential Enhancement Factor (ES- snapores, MS- snaporms, HS- snaporhs): Applies if state specifies portion sizes.

Potential Enhancement Factor (ES- snapenes, MS- snapenms, HS- snapenhs): Applies if penalties are established for violations.

Potential Enhancement Factor (ES- snamilkes, MS- snamilkms, HS- snamilkhs): Applies if attempts are made to limit the amount of added sugar in flavored milk/dairy products (yogurt).

Potential Enhancement Factor (ES- snagraines, MS- snagrainms, HS- snagrainhs): Applies if state further defines whole grains to be consistent with FDA guidance on whole grains (see below).

Potential Inhibiting Factor (ES- sna50es, MS- sna50ms, HS- sna50hs): Policy allows for a certain percentage of unhealthy/junk food items.

Potential Inhibiting Factor (snafundcgy): Applies if there is a funding contingency written into the law that requires funding to implement the enhancements/improvements to food/snacks. The funding contingency policy applies across all grade levels.


FDA guidance on label statements defines whole grains as “cereal grains that consist of the intact, ground, cracked or flaked caryopsis, whose principal anatomical components--the starchy endosperm, germ, and bran--are present in the same relative proportions as they exist in the intact caryopsis--should be considered a whole grain food.”

A la carte general:

  • Alternatives to the term a la carte appear in policies as “competitive food,” “competing food service,” “extra sales,” “extra items,” “individual items.” For purposes of coding these variables, these items are food and beverage sold or served during meal times in cafeterias/food service areas outside regulated Federal meal programs, which must meet the Dietary Guidelines for Americans (i.e., the National School Lunch Program (NSLP) and School Breakfast Program (SBP).

National School Lunch Program/School Breakfast Program:

The National School Lunch Program and School Breakfast Program are part of the Federal Child Nutrition Programs. The NSLP and SBP provide reduced price or free meals to children whose families are at or below a calculated poverty threshold. The programs are regulated by Federal nutrition standards, which have recently been updated in 2010. The Federal nutrition standards set a policy base where the states must abide by the Federal laws, but may pass laws that are stronger then the Federal standards.

Federal Baseline: Foods of minimal nutritional value (FMNVs) are prohibited from being served during the mealtimes under the National School Lunch Program and School Breakfast Program (9/1905).

Decision rules:
Percentage allowance. If a policy specifies that 50% or more (but less than 100%) of
food/beverage items offered must meet defined “healthy” criteria, a score of (1) is awarded. If the percent is less than 50%, no score is awarded. For example: If a provision states that 20% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (0). If the provision stated that 75% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (1).

  • “Healthy criteria: defined by the state, can be different depending on each state’s requirements.

Potential inhibiting factor: If a policy allows for between 50% and 100% of items offered must be ‘healthy’ then that policy will be scored as a +1 and will trigger this tracking variable, but if the policy allows for any percentage below 50% ‘healthy’ foods/beverages then that state receives no credit.

Dairy fat limits. All dairy (including cheese and yogurt) must be designated as low-fat (1%) or non-fat (skim) to receive a +6. Reduced fat (2%) will not be accepted as a +6. These standards also apply to dairy substitutes such as soy milk/cheese.

Combination items. Combination items, like products that contain both whole grains and fruit, should be allowed and scored as part of the 6 point category.

In reference to the Note in the +5 and +6 categories: To determine if the gram limit falls within the required % calories for either the +5 or +6:

For % calories from fat (total grams and saturated fat) when only grams are given:

  1. Multiply the fat grams by 9 to get the total calories provided by fat
  2. Divide the total calories provided by fat by the maximum calories allowed in the food portion to get the % calories of fat in the food

For % calories from sugar when only grams are given:

  1. Multiply the sugar grams by 4 to get the total calories provided by sugar
  2. Divide the total calories provided by sugar by the maximum calories allowed in the food portion to get the % calories of sugar in the food

Example 1 calculation: If the law states: Snacks may have a maximum of 7 grams of fat, 2 grams saturated fat, and 15 grams of sugar and each portion must not be more than 200 calories.

7 grams of fat X 9 calories/gram = 63 calories from fat/200 total calories allowed per portion = 31.5% of total calories are from fat

2 grams saturated fat X 9 calories/gram = 18 calories from saturated fat/200 total calories allowed per portion = 9 % of total calories are from saturated fat

15 grams sugar X 4 calories/gram = 60 calories from sugar/200 total calories allowed per portion = 30% total calories are from sugar

Example 2: If the grams of fat, saturated fat and sugar stay the same but the total calories allowed per portion changes to 150 calories:

7 grams of fat X 9 calories/gram = 63 calories from fat/150 total calories allowed per portion = 42% of total calories are from fat

2 grams saturated fat X 9 calories/gram = 18 calories from saturated fat/150 total calories allowed per portion = 12 % of total calories are from saturated fat

15 grams sugar X 4 calories/gram = 60 calories from sugar/150 total calories allowed per portion = 40% total calories are from sugar

Example 3: If the grams of fat, saturated fat and sugar stay the same but the total calories allowed per portion changes to 120 calories:

7 grams of fat X 9 calories/gram = 63 calories from fat/120 total calories allowed per portion = 52.5% of total calories are from fat

2 grams saturated fat X 9 calories/gram = 18 calories from saturated fat/120 total calories allowed per portion = 15 % of total calories are from saturated fat

15 grams sugar X 4 calories/gram = 60 calories from sugar/120 total calories allowed per portion = 50% total calories are from sugar

Portion size enhancement factor. Portion size is defined either by a calorie restriction or a volume or weight restriction, for example either 200 calories, or 1 oz.

Based on the Food and Drug Administration ruling, .5g of trans fat will be considered 0 grams of trans fat for coding purposes.

States that regulate only limits on trans fat are coded as +4, regardless of whether saturated fats are also limited. (added October 2014)

States restricting the sale of FMNVs receive +3. (added October 2014)

If a state requires compliance with Smart Snacks, whether or not the standards are defined in the policy itself or incorporated by reference, the following coding was applied from the requirements established in the federal rule:

ALASNAES; ALASNAMS; ALASANHS=4 snapores; snaporms; snaporhs=1

iAs of July 1, 2014, the federal provision regulating FMNVs was no longer in effect. State laws using this language continue to be scored here, however please see variables related to Smart Snacks for federal competitive food language beginning July 1, 2014.

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A la carte in Cafeterias (Non-entrée) Beverage Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- ALABEVES, MS Level- ALABEVMS, HS Level- ALABEVHS

Score

Description: The A la carte in cafeterias beverage score reflects the degree to which state law addresses the amount of cafeteria beverages with respect to the IOM recommended standard at the ES, MS, and HS grade level.

6

State prohibits the sale or service of a la carte (individual, non-entrée) beverages outside the reimbursable school meal programs, during the service of meals in the cafeteria, or allows only the following exceptions:
Beverages limited to:

  • Water without added flavorings, additives or carbonation, and/or
  • Nonfat or 1% only, flavored or non-flavored milk, and/or
  • Other beverages with at least 100% fruit/vegetable juice with no added caloric or non-caloric sweeteners, and/or
  • Caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances.

5

State allows the sale or service of only the following A la carte (individual, non-entrée) beverages outside the reimbursable school meal programs, during the service of meals in the cafeteria:
Beverages limited to:

  • Water, and/or
  • Nonfat or 1% only, flavored or non-flavored milk, and/or
  • Other beverages with at least 100% fruit/vegetable juice with no added caloric sweeteners, and/or
  • Caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances, and/or

Additional beverages allowed with limits on total calories and/or added sugar and caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances (would allow for some sports drinks, juice drinks, flavored waters, and diet sodas)

4

State mandates nutrition standards with specified limits on calories, or fats (saturated and trans), or total or added sugar, or sodium, or caffeine.

3

State restricts sale/service of A la carte beverages of low nutritive value that meets federal requirements for FMNV,ii but without establishing nutrition standards that meet or exceed federal dietary guidelines.3

2

State requirement for A la carte beverages sold or served in cafeterias outside the school meal program is undefined (e.g., “healthy” foods and beverages must be available); or state requires a state agency to develop and adopt nutrition standards applicable to A la carte sales/service.

1

State recommends nutrition standards for A la carte items.

0

No provision.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of A la carte in cafeterias (non-entrée) beverage requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Note: Exceptions to total sugar limit are allowed for dairy products and fruits

Potential enhancement factor (ES- alabevpores, MS- alabevporms, HS- alabevporhs): Applies if state specifies portion sizes.

Potential enhancement factor (ES- alabevpenes, MS- alabevpenms, HS- alabevpenhs): Applies if penalties are established for violations.

Potential enhancement factor (ES- alabevmilkes, MS- alabevmilkms, HS- alabevmilkhs): Applies if attempts are made to limit the amount of added sugar in flavored milk/dairy products.

Potential inhibiting factor (ES- alabev50es, MS- alabev50ms, HS- alabev50hs): Policy allows for a certain percentage of unhealthy/junk food items.

Potential inhibiting factor (alabevfundcgy): Applies if there is a funding contingency written into the law that requires funding to implement the enhancements/improvements to beverages.

Decision rules:
Percentage allowance. If a policy specifies that 50% or more of food/beverage items offered must meet defined “healthy” criteria, a score of (1) is awarded. If the percent is less than 50%, no score is awarded. For example: If a provision states that 20% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (0). If the provision stated that 75% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (1).

Potential inhibiting factor: If a policy allows for between 50% and 100% of items offered must be ‘healthy’ then that policy will be scored as a +1 and will trigger this tracking variable, but if the policy allows for any percentage below 50% ‘healthy’ foods/beverages then that state receives no credit.

Dairy fat limits. All dairy (including cheese and yogurt) must be designated as low-fat (1%) or non-fat (skim) to receive a +6 or +5. Reduced fat (2%) will not be accepted as a +6 or +5. These standards also apply to dairy substitutes such as soy milk/cheese.

Milk. Milk does not qualify as a low-calorie beverage.

Portion size enhancement factor. Portion size is defined either by a calorie restriction or a volume or weight restriction, for example either 200 calories, or 1 oz.

Adding water with no added sweeteners to 100% juice will still be coded as 100% juice (e.g. Ohio Senate Bill 210 (2010))

“Outside the reimbursable school meal program” shall be interpreted to mean a food/beverage disaggregated from a meal. A food/beverage item that is in the reimbursable school meal program, as part of entire meal, could not be sold à la carte unless it conforms to the criteria specified in the exceptions.

  • Conceptual Example: to get top score, law should not permit French fries to be sold à la carte, even if they may be included in the school meal program. (ADDED 11/19/12)

Caffeine
Definition:
The Institute of Medicine’s “Nutrition Standards for Foods in Schools: Leading the Way toward Healthier Youth” included caffeine in the standards for competitive beverages sold in schools. With the expansion of CLASS variables, we decided to make the beverages variables more complete and include caffeine with the current coding scheme.

Decision rules:
Carbonated beverages/soda/soft drinks are not enough; need to specifically mention caffeine. (Added July 20, 2012)

If a la carte beverages, vending beverages, school store beverages and fundraising beverages are different, and the highest score includes caffeine, then coded caffeine as the highest of these (for expansion only; in the future, it will be incorporated into the old coding schemes).

Unless otherwise specified, Caffeine will receive the highest score of all the competitive beverage variables

State specific (Indiana): caffeine was coded the same as a la carte beverages because the provision specifies caffeine for a la carte.

States restricting the sale of FMNVs receive +3. (added October 2014)

State specific (Delaware): the only competitive food law in place limits trans fats in foods and beverages. This is not coded for beverages here. (January 2020)

If a state requires compliance with Smart Snacks, whether or not the standards are defined in the policy itself or incorporated by reference, the following coding was applied from the requirements established in the federal rule:

ALABEVES=5
ALABEVMS=5
ALABEVHS=4 (caffeine is allowed) alabevpores; alabevporms; alabevporhs=1


iiAs of July 1, 2014, the federal provision regulating FMNVs was no longer in effect. State laws using this language continue to be scored here, however please see variables related to Smart Snacks for federal competitive food language beginning July 1, 2014.

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A la carte in Cafeterias Entrée Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- ENTREEES, MS Level- ENTREEMS, HS Level- ENTREEHS

Score

Description: The entrée a la carte in cafeterias score reflects the degree to which state law addresses the amount of a la carte entrées with respect to the IOM recommended standard at the ES, MS, and HS grade level.

5

State prohibits the sale or service of A la carte entrée items outside the reimbursable school meal programs, or allows only the following exceptions:

Entrée a la carte items limited to:

  • National school lunch entrée items and
  • No more than 35% of total calories from fat (with the exception of nut/seed products) and
  • Less than 10% calories from saturated fat and
  • Zero trans fat and
  • 35% or less by weight of total sugars or 35% or less of calories from total sugars, and
  • Sodium content 480 mg or less

Note: Points will apply if state has established a standard that uses a gram limit that is comparable to the % limits identified above for fat, saturated fat and sugar (i.e., no more than 6 grams of total fat per 150 calorie portion).

4

State mandates nutrition standards for entrée a la carte items with specified limits on calories, or fats (saturated and trans), or total or added sugar or sodium.

Note: Points will apply if state has established a standard that uses a gram limit that is comparable to the % limits identified above for fat, saturated fat and sugar (i.e., no more than 6 grams of total fat per 150 calorie portion).

3

State restricts sale/service for entrée a la carte items of low nutritive value but without establishing nutrition standards that meet or exceed federal dietary guidelines.3

2

State requirement for A la carte entrée items sold or served in cafeterias outside the school meal program is undefined (e.g., “healthy” foods and beverages must be available); or state requires a state agency to develop and adopt nutrition standards applicable to a la carte sales/service for both individual snack and entrée items.

1

State recommends nutrition standards for a la carte entrée items.

0

No provision.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of A la carte in Cafeterias Entrée Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Note: Exceptions to total sugar limit are allowed for dairy products and fruits.

Potential enhancement factor (ES- entpores, MS- entporms, HS- entporhs): Applies if state specifies portion sizes.

Potential enhancement factor (ES- entpenes, MS- entpenms, HS- entpenhs): Applies if penalties are established for violations.

Potential inhibiting factor (ES- ent50es, MS- ent50ms, HS- ent50hs): Applies if policy allows for a certain percentage of unhealthy/junk food items.

Potential inhibiting factor: (entfundcgy) Applies if there is a funding contingency written into the law that requires funding to implement the enhancements/improvements to a la carte entrees.

Decision rules:
Applicability. Variable applies to entrée items sold during meal periods in the cafeteria.

See above (non-entrée a la carte snacks) for % calorie calculation.

Portion size enhancement factor. Portion size is defined either by a calorie restriction or a volume or weight restriction, for example either 200 calories, or 1 oz.

Trans fat. Based on the Food and Drug Administration ruling, .5g of trans fat will be considered 0 grams of trans fat for coding purposes.

Note: Restricting FMNVs does not trigger +3 coding for this variable, since FMNVs do not include entrees (added January 2015).

If a state requires compliance with Smart Snacks, whether or not the standards are defined in the policy itself or incorporated by reference, the following coding was applied from the requirements established in the federal rule:

ENTREEES; ENTREEMS; ENTREEHS=4
entpores; entporms; entporhs=1

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Vending Machines Non-entrée Food/Snacks Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- VEND_ES, MS Level- VEND_MS, HS Level- VEND_HS

Note: If state policy sets out standards for all competitive food items without specifying the category (e.g., there is no separation for vended items versus school stores versus canteens versus fundraisers), the policy should still receive a Score in 4 areas: Vending Machines - non-entrée foods/snacks only; Vending Machines – beverages only; School stores, canteens, and snack bars – foods only, and School stores, canteens, and snack bars – beverages only).

Score

Description: The vending machine food/snack score reflects the degree to which state law addresses the amount of vending food/snacks with respect to the IOM recommended standard at the ES, MS, and HS grade level.

6

State prohibits the sale or service of food through vending or allows only the following exceptions.

Non-entrée food items limited to:

  • Non-fried fruit (fresh or packed in juice or water) and vegetables, whole grain products, nonfat or 1% only, flavored or non-flavored dairy products that are 200 calories or less per serving6 and
  • No more than 35% of total calories from fat (with the exception of nut/seed products) and
  • Less than 10% calories from saturated fat and
  • Zero trans fat and
  • 35% or less by weight of total sugars or 35% or less of calories from total sugars (does not apply to fruit or dairy) and
  • Sodium content 200 mg or less

Note: Points will apply if state has established a standard that uses a gram limit that is comparable to the % limits identified above for fat, saturated fat and sugar (i.e., no more than 6 grams of total fat per 150 calorie portion).

5

State allows the sale or service of only the following food items through vending machines:

Non-entrée food items limited to:

  • 200 calories or less per serving and
  • No more than 35% of total calories from fat (with the exception of nut/seed products) and
  • No more than 10% calories from saturated fat and
  • Zero trans fat and
  • 35% or less by weight of total sugars or 35% or less of calories from total sugars (does not apply to fruit or dairy) and
  • Sodium content 200 mg or less

Note: Points will apply if state has established a standard that uses a gram limit that is comparable to the % limits identified above for fat, saturated fat and sugar (i.e., no more than 6 grams of total fat per 150 calorie portion).

4

State mandates nutrition standards for the sale of foods through vending machines with specified limits on calories, or fats (saturated or trans), or total or added sugar, or sodium.

3

State restricts sale of foods through vending machines of low nutritive value that meets federal requirements for FMNV,iii but without establishing nutrition standards that meet or exceed federal dietary guidelines.3

2

State requirement of foods sold through vending machines is undefined (e.g., “healthy” foods and beverages must be available); or state requires a state agency to develop and adopt nutrition standards applicable to A la carte sales/service or other competitive foods.

1

State recommends nutrition standards for sold through vending machines.

0

No provision.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Vending Machines Non-entrée Food/Snacks Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Note: Exceptions to total sugar limit are allowed for dairy products and fruits

Potential enhancement factor (ES- vendpores, MS- vendporms, HS- vendporhs): Applies if state specifies portion sizes.

Potential enhancement factor (ES- vendpenes, MS- vendpenms, HS- vendpenhs): Applies if penalties are established for violations.

Potential enhancement factor (ES- vendmilkes, MS- vendmilkms, HS- vendmilkhs): Applies if attempts are made to limit the amount of added sugar in flavored milk/dairy products (yogurt).

Potential enhancement factor (ES- vendgraines, MS- vendgrainms, HS- vendgrainhs): Applies if state further defines whole grains to be consistent with FDA and USDA guidance on whole grains (see below):

Potential inhibiting factor (ES- vend50es, MS- vend50ms, HS- vend50hs): Policy allows for a certain percentage of unhealthy/junk food items.

Potential inhibiting factor (vendfundcgy): Applies if there is a funding contingency written into the law that requires funding to implement the enhancements/improvements to food/snacks.

Potential inhibiting factor (ES- vendlessdayes, MS- vendlessdayms, HS- vendlessdayhs): Applies if standards apply for less than the school day.

FDA guidance on label statements defines whole grains as “cereal grains that consist of the intact, ground, cracked or flaked caryopsis, whose principal anatomical components--the starchy endosperm, germ, and bran--are present in the same relative proportions as they exist in the intact caryopsis--should be considered a whole grain food.”

Applicability. If the policy addresses competitive foods on school grounds, facilities, property or any other term that indicates all of the school area, without specifically mentioning vending machines, the policy is relevant to vending machines and will be rated accordingly.

Vending machine contracts are not relevant.

NOTE: Vending provisions may affect elementary school only.

Vending food/snacks (non-entrée only) + tracking variables

Definition:

The vending machine food/snack score reflects the degree to which state law addresses the amount of vending food/snacks with respect to the IOM recommended standard at the ES, MS, and HS grade level.

Decision rules:
Percentage allowance. If a policy specifies that 50% or more of food/beverage items offered must meet defined “healthy” criteria, a score of (1) is awarded. If the percent is less than 50%, no score is awarded. For example: If a provision states that 20% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (0). If the provision stated that 75% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (1).

Potential inhibiting factor: If a policy allows for between 50% and 100% of items offered must be ‘healthy’ then that policy will be scored as a +1 and will trigger this tracking variable, but if the policy allows for any percentage below 50% ‘healthy’ foods/beverages then that state receives no credit.

See above (non-entrée a la carte snacks) for % calorie calculation

Portion size enhancement factor. Portion size is defined either by a calorie restriction or a volume or weight restriction, for example either 200 calories, or 1 oz.

Dairy fat limits. All dairy (including cheese and yogurt) must be designated as low-fat (1%) or non-fat (skim) to receive a +6. Reduced fat (2%) will not be accepted as a +6. These standards also apply to dairy substitutes such as soy milk/cheese.

Combination items. Combination items, like products that contain both whole grains and fruit, should be allowed and scored as part of the 6 point category

Potential enhancement factor- portion size- can either be defined by a calorie restriction or a volume or weight restriction, for example either 200 calories, or 1 oz.

Based on the Food and Drug Administration ruling, .5g of trans fat will be considered 0 grams of trans fat for coding purposes.

States that regulate only limits on trans fat are coded as +4, regardless of whether saturated fats are also limited. (added October 2014)

States restricting the sale of FMNVs receive +3. (added October 2014)

If a state requires compliance with Smart Snacks, whether or not the standards are defined in the policy itself or incorporated by reference, the following coding was applied from the requirements established in the federal rule:

VEND_ES; VEND_MS; VEND_HS=4
vendpores; vendporms; vendporhs=1

iiiAs of July 1, 2014, the federal provision regulating FMNVs was no longer in effect. State laws using this language continue to be scored here, however please see variables related to Smart Snacks for federal competitive food language beginning July 1, 2014.

Return to List of Methodologies

Vending Machines Beverages Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- BEVENDES, MS Level- BEVENDMS, HS Level- BEVENDHS

Note: If state policy sets out standards for all competitive food items without specifying the category (e.g., there is no separation for vended items versus school stores versus canteens versus fundraisers), the policy should still receive a score in 4 areas: Vending Machines- non-entrée foods/snacks only; Vending Machines – beverages only; School stores, canteens, and snack bars – foods only, and School stores, canteens, and snack bars – beverages only).

Score

Description: The vending machine beverage score reflects the degree to which state law addresses the amount of vending beverage with respect to the IOM recommended standard at the ES, MS, and HS grade level.

6

State prohibits the sale or service of beverages through vending or allows only the following exceptions:

Beverages limited to:

  • Water without added flavorings, additives or carbonation, and/or
  • Nonfat or 1% only, flavored or non-flavored milk, and/or
  • Other beverages with at least 100% fruit/vegetable juice with no added caloric or non-caloric sweeteners, and/or
  • Caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances.

5

State allows the sale or service of only the following beverages through vending machines:

Beverages limited to:

  • Water, and/or
  • Nonfat or 1% only, flavored or non-flavored milk, and/or
  • Other beverages with at least 100% fruit/vegetable juice with no added caloric sweeteners, and/or
  • Caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances.

Additional beverages allowed with limits on total calories and/or added sugar (would allow for some sports drinks, juice drinks, flavored waters, and diet sodas)

4

State mandates nutrition standards for the sale of beverages through vending machines with specified limits on calories, or fats (saturated and trans), or total or added sugar, or sodium, or caffeine.

3

State restricts sale of beverages through vending machines of low nutritive value that meets federal requirements for FMNV,iv but without establishing nutrition standards that meet or exceed federal dietary guidelines.3

2

State requirement of beverages sold through vending machines is undefined (e.g., “healthy” foods and beverages must be available); or state requires a state agency to develop and adopt nutrition standards applicable to A la carte sales/service or other competitive foods.

1

State recommends nutrition standards for beverages sold through vending machines

0

No provision.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Vending Machines Beverages Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Note: Exceptions to total sugar limit are allowed for dairy products and fruits

Potential enhancement factor (ES- bevendpores, MS- bevendporms, HS- bevendporhs): Applies if state specifies portion sizes.

Potential enhancement factor (ES- bevendpenes, MS- bevendpenms, HS- bevendpenhs): Applies if penalties are established for violations.

Potential enhancement factor (ES- bevendmilkes, MS- bevendmilkms, HS- bevendmilkhs): Applies if attempts are made to limit the amount of added sugar in flavored milk/dairy products.

Potential inhibiting factor (ES- bevend50es, MS- bevend50ms, HS- bevend50hs): Applies if policy allows for a certain percentage of unhealthy/junk food items.

Potential inhibiting factor (bevendfundcgy): Applies if there is a funding contingency written into the law that requires funding to implement the enhancements/improvements to beverages.

Potential inhibiting factor (ES- bevendlessdayes, MS- bevendlessdayms, HS- bevendlessdayhs): Applies if standards apply for less than the school day.

Percentage allowance. If a policy specifies that 50% or more of food/beverage items offered must meet defined “healthy” criteria, a score of (1) is awarded. If the percent is less than 50%, no score is awarded. For example: If a provision states that 20% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (0). If the provision stated that 75% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (1).

Potential inhibiting factor: If a policy allows for between 50% and 100% of items offered must be ‘healthy’ then that policy will be scored as a +1 and will trigger this tracking variable, but if the policy allows for any percentage below 50% ‘healthy’ foods/beverages then that state receives no credit.

Dairy fat limits. All dairy (including cheese and yogurt) must be designated as low-fat (1%) or non-fat (skim) to receive a +6 or +5. Reduced fat (2%) will not be accepted as a +6 or +5. These standards also apply to dairy substitutes such as soy milk/cheese.

Milk. Milk does not qualify as a low-calorie beverage.

Portion size enhancement factor. Portion size is defined either by a calorie restriction or a volume or weight restriction, for example either 200 calories, or 1 oz.

Adding water with no added sweeteners to 100% juice will still be coded as 100% juice (e.g. Ohio Senate Bill 210 (2010))

“Outside the reimbursable school meal program” shall be interpreted to mean a food/beverage disaggregated from a meal. A food/beverage item that is in the reimbursable school meal program, as part of entire meal, could not be sold à la carte unless it conforms to the criteria specified in the exceptions.

Conceptual Example: to get top score, law should not permit French fries to be sold à la carte, even if they may be included in the school meal program. (ADDED 11/19/12)

Caffeine
Definition:
The Institute of Medicine’s “Nutrition Standards for Foods in Schools: Leading the Way toward Healthier Youth” included caffeine in the standards for competitive beverages sold in schools. With the expansion of CLASS variables, we decided to make the beverages variables more complete and include caffeine with the current coding scheme.

Decision rules:
Carbonated beverages/soda/soft drinks are not enough; need to specifically mention caffeine. (Added July 20, 2012)

If a la carte beverages, vending beverages, school store beverages and fundraising beverages are different, and the highest score includes caffeine, then coded caffeine as the highest of these (for expansion only; in the future, it will be incorporated into the old coding schemes).

Unless otherwise specified, Caffeine will receive the highest score of all the competitive beverage variables

State specific (Indiana): caffeine was coded the same as a la carte beverages because the provision specifies caffeine for a la carte.

State specific (Delaware): the only competitive food law in place limits trans fats in foods and beverages. This is not coded for beverages here. (January 2020)

States restricting the sale of FMNVs receive +3. (added October 2014)

If a state requires compliance with Smart Snacks, whether or not the standards are defined in the policy itself or incorporated by reference, the following coding was applied from the requirements established in the federal rule:

BEVENDES=5
BEVENDMS=5
BEVENDHS=4 (caffeine is allowed) bevendpores; bevendporms; bevendporhs=1

ivAs of July 1, 2014, the federal provision regulating FMNVs was no longer in effect. State laws using this language continue to be scored here, however please see variables related to Smart Snacks for federal competitive food language beginning July 1, 2014.

Return to List of Methodologies

School Stores, Canteens, and Snack Bars Non-entrée Food/Snacks Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- VENUE_ES, MS Level- VENUE_MS, HS Level- VENUE_HS

Note: If state policy sets out standards for all competitive food items without specifying the category (e.g., there is no separation for vended items versus school stores versus canteens versus fundraisers), the policy should still receive a score in 4 areas: Vending Machines-non entrée foods/snacks only; Vending Machines – beverages only; School stores, canteens, and snack bars – foods only, and School stores, canteens, and snack bars – beverages only).

Score

Description: The school store, canteens and snack bar score reflects the degree to which state law addresses the amount of food/snacks with respect to the IOM recommended standard at the ES, MS, and HS grade level.

6

State prohibits the sale or service of food through school stores, canteens and snack bars or allows only the following exceptions:

Non-entrée food items limited to:

  • Non-fried fruit (fresh or packed in juice or water) and vegetables, whole grain products, non-fat and low fat dairy products (nonfat or 1% only, flavored or non-flavored) that are 200 calories or less per serving6 and
  • No more than 35% of total calories from fat (with the exception of nut/seed products) and
  • Less than 10% calories from saturated fat and
  • Zero trans fat and
  • 35% or less by weight of total sugars or 35% or less of calories from total sugars (does not apply to fruit or dairy) and
  • Sodium content 200 mg or less

Note: Points will apply if state has established a standard that uses a gram limit that is comparable to the % limits identified above for fat, saturated fat and sugar (i.e., no more than 6 grams of total fat per 150 calorie portion).

5

State allows the sale or service of only the following food items through school stores, canteens and snack bars:

Non-entrée food items limited to:

  • 200 calories or less per serving and
  • No more than 35% of total calories from fat (with the exception of nut/seed products) and
  • No more than 10% calories from saturated fat and
  • Zero trans fat and
  • 35% or less by weight of total sugars or 35% or less of calories from total sugars (does not apply to fruit or dairy) and
  • Sodium content 200 mg or less

Note: Points will apply if state has established a standard that uses a gram limit that is comparable to the % limits identified above for fat, saturated fat and sugar (i.e., no more than 6 grams of total fat per 150 calorie portion).

4

State mandates nutrition standards for the sale of foods through school stores, canteens and snack bars with specified limits on calories, or fats (saturated or trans), or total or added sugar, or sodium.

3

State restricts sale of foods through school stores, canteens and snack bars of low nutritive value that meets federal requirements for FMNV,v but without establishing nutrition standards that meet or exceed federal dietary guidelines.3

2

State requirement of foods sold through school stores, canteens and snack bars is undefined (e.g., “healthy” foods and beverages must be available); or state requires a state agency to develop and adopt nutrition standards applicable to A la carte sales/service or other competitive foods.

1

State recommends nutrition standards for food sold through school stores, canteens and snack bars.

0

No provision.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of School Stores, Canteens, and Snack Bars Non-entrée Food/Snacks Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Note: Exceptions to total sugar limit are allowed for dairy products and fruits

Potential enhancement factor (ES- venupores, MS- venuporms, HS- venuporhs): Applies if state specifies portion sizes.

Potential enhancement factor (ES- venupenes, MS- venupenms, HS- venupenhs): Applies if penalties are established for violations.

Potential enhancement factor (ES- venumilkes, MS- venumilkms, HS- venumilkhs): Applies if attempts are made to limit the amount of added sugar in flavored milk/dairy products (yogurt).

Potential inhibiting factor (ES- venu50es, MS- venu50ms, HS- venu50hs): Applies if policy allows for a certain percentage of unhealthy/junk food items.

Potential inhibiting factor (venufundcgy): Applies if there is a funding contingency written into the law that requires funding to implement the enhancements/improvements to food/snacks.

Potential inhibiting factor (ES- venulessdayes, MS- venulessdayms, HS- venulessdayhs): Applies if standards apply for less than the school day.

Percentage allowance. If a policy specifies that 50% or more of food/beverage items offered must meet defined “healthy” criteria, a score of (1) is awarded. If the percent is less than 50%, no score is awarded. For example: If a provision states that 20% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (0). If the provision stated that 75% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (1).

Potential inhibiting factor: If a policy allows for between 50% and 100% of items offered must be ‘healthy’ then that policy will be scored as a +1 and will trigger this tracking variable, but if the policy allows for any percentage below 50% ‘healthy’ foods/beverages then that state receives no credit.

Dairy fat limits. All dairy (including cheese and yogurt) must be designated as low-fat (1%) or non-fat (skim) to receive a +6. Reduced fat (2%) will not be accepted as a +6. These standards also apply to dairy substitutes such as soy milk/cheese.

Combination items. Combination items, like products that contain both whole grains and fruit, should be allowed and scored as part of the 6 point category

See above (non-entrée a la carte snacks) for % calorie calculation

Portion size enhancement factor. Portion size is defined either by a calorie restriction or a volume or weight restriction, for example either 200 calories, or 1 oz.

Based on the Food and Drug Administration ruling, .5g of trans fat will be considered 0 grams of trans fat for coding purposes.

States restricting the sale of FMNVs receive +3. (added October 2014)

If a state requires compliance with Smart Snacks, whether or not the standards are defined in the policy itself or incorporated by reference, the following coding was applied from the requirements established in the federal rule:

VENUE_ES; VENUE_MS; VENUE_HS=4
venupores; venuporms; venuporhs=1

vAs of July 1, 2014, the federal provision regulating FMNVs was no longer in effect. State laws using this language continue to be scored here, however please see variables related to Smart Snacks for federal competitive food language beginning July 1, 2014.

Return to List of Methodologies

School Stores, Canteens, and Snack Bars Non-Entrée Beverage Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- BEVENUES, MS Level- BEVENUMS, HS Level- BEVENUHS

Note: If state policy sets out standards for all competitive food items without specifying the category (e.g., there is no separation for vended items versus school stores versus canteens versus fundraisers), the policy should still receive a score in 4 areas: Vending Machines - non- entrée foods/snacks only; Vending Machines – beverages only; School stores, canteens, and snack bars – foods only, and School stores, canteens, and snack bars – beverages only).

Score

Description: The school stores, canteens, and snack bar beverage score reflects the degree to which state law addresses the amount of beverages with respect to the IOM recommended standard at the ES, MS, and HS grade level.

6

State prohibits the sale or service of beverages through school stores, canteens or snack bars or allows only the following exceptions:

Beverages limited to:

  • Water without added flavorings, additives or carbonation, and/or
  • Nonfat or 1% only, flavored or non-flavored milk, and/or
  • Other beverages with at least 100% fruit/vegetable juice with no added caloric or non-caloric sweeteners, and/or
  • Caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances.

5

State allows the sale or service of only the following beverages through school stores, canteens or snack bars:

Beverages limited to:

  • Water, and/or
  • Nonfat or 1% only, flavored or non-flavored milk, and/or
  • Other beverages with at least 100% fruit/vegetable juice with no added caloric sweeteners, and/or
  • Caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances.

Additional beverages allowed with limits on total calories and/or added sugar (would allow for some sports drinks, juice drinks, flavored waters, and diet sodas)

4

State mandates nutrition standards for the sale of beverages through school stores, canteens or snack bars with specified limits on calories, or fats (saturated and trans), or total or added sugar, or sodium, or caffeine.

3

State restricts sale of beverages through school stores, canteens, or snack bars of low nutritive value that meets federal requirements for FMNV,vi but without establishing nutrition standards that meet or exceed federal dietary guidelines.3

2

State requirement of beverages sold through school stores, canteens or snack bars is undefined (e.g., “healthy” foods and beverages must be available); or state requires a state agency to develop and adopt nutrition standards applicable to A la carte sales/service or other competitive foods.

1

State recommends nutrition standards for beverages sold through school stores, canteens or snack bars.

0

No provision.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of School Stores, Canteens and Snack Bars Non-entrée Beverage Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (ES- bevenupores, MS- bevenuporms, HS- bevenuporhs: Applies if state specifies portion sizes.

Potential enhancement factor (ES- bevenupenes, MS- bevenupenms, HS- bevenupenhs): Applies if penalties are established for violations.

Potential enhancement factor (ES- bevenumilkes, MS- bevenumilkms, HS- bevenumilkhs): Applies if attempts are made to limit the amount of added sugar in flavored milk/dairy products.

Potential inhibiting factor (ES- bevvenu50es, MS- bevvenu50ms, HS- bevvenu50hs): Applies if policy allows for a certain percentage of unhealthy/junk food items.

Potential inhibiting factor (bevenufundcgy): Applies if there is a funding contingency written into the law that requires funding to implement the enhancements/improvements to beverages.

Potential inhibiting factor (ES- bevenulessdayes, MS- bevenulessdayms, HS- bevenulessdayhs): Applies if standards apply for less than the school day.

Decision rules:
Percentage allowance. If a policy specifies that 50% or more of food/beverage items offered must meet defined “healthy” criteria, a score of (1) is awarded. If the percent is less than 50%, no score is awarded. For example: If a provision states that 20% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (0). If the provision stated that 75% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (1).

Potential inhibiting factor: If a policy allows for between 50% and 100% of items offered must be ‘healthy’ then that policy will be scored as a +1 and will trigger this tracking variable, but if the policy allows for any percentage below 50% ‘healthy’ foods/beverages then that state receives no credit.

Dairy fat limits. All dairy (including cheese and yogurt) must be designated as low-fat (1%) or non-fat (skim) to receive a +6 or +5. Reduced fat (2%) will not be accepted as a +6 or +5. These standards also apply to dairy substitutes such as soy milk/cheese.

Milk. Milk does not qualify as a low-calorie beverage.

Portion size enhancement factor. Portion size is defined either by a calorie restriction or a volume or weight restriction, for example either 200 calories, or 1 oz.

Adding water with no added sweeteners to 100% juice will still be coded as 100% juice (e.g. Ohio Senate Bill 210 (2010))

Caffeine
Definition:
The Institute of Medicine’s “Nutrition Standards for Foods in Schools: Leading the Way toward Healthier Youth” included caffeine in the standards for competitive beverages sold in schools. With the expansion of CLASS variables, we decided to make the beverages variables more complete and include caffeine with the current coding scheme.

Decision rules:
Carbonated beverages/soda/soft drinks are not enough; need to specifically mention caffeine. (Added July 20, 2012)

If a la carte beverages, vending beverages, school store beverages and fundraising beverages are different, and the highest score includes caffeine, then coded caffeine as the highest of these (for expansion only; in the future, it will be incorporated into the old coding schemes).

Unless otherwise specified, Caffeine will receive the highest score of all the competitive beverage variables.

State specific (Indiana): caffeine was coded the same as a la carte beverages because the provision specifies caffeine for a la carte.

States restricting the sale of FMNVs receive +3. (added October 2014)

If a state requires compliance with Smart Snacks, whether or not the standards are defined in the policy itself or incorporated by reference, the following coding was applied from the requirements established in the federal rule:

BEVENUES=5
BEVENUMS=5
BEVENUHS=4 (caffeine is allowed) bevenupores; bevenuporms; bevenuporhs=1

viAs of July 1, 2014, the federal provision regulating FMNVs was no longer in effect. State laws using this language continue to be scored here, however please see variables related to Smart Snacks for federal competitive food language beginning July 1, 2014.

Return to List of Methodologies

Fundraisers Non-entrée Food/Snacks Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- FUND_ES, MS Level- FUND_MS, HS Level- FUND_HS

Note: If state policy sets out standards for all competitive food items without specifying the category (e.g., there is no separation for vended items versus school stores versus canteens versus fundraisers), the policy should still receive a score in 4 areas: Vending Machines - non- entrée foods/snacks only; Vending Machines – beverages only; School stores, canteens, and snack bars – foods only, and School stores, canteens, and snack bars – beverages only).

If the policy specifically identifies fundraisers as an area in which the standards apply, than the policy is scored using the Fundraiser Non-entree: Foods/Snacks Requirements and Fundraisers Beverages Requirements in addition to the 4 areas listed above.

Score

Description: The fundraiser food/snacks score reflects the degree to which state law addresses the amount of snacks with respect to the IOM recommended standard at the ES, MS, and HS grade level.

6

State prohibits the sale or service of food through school-based, on campus fundraisers or allows only the following exceptions:

Non-entrée food items limited to:

  • Non-fried fruit (fresh or packed in juice or water) and vegetables, whole grain products, nonfat 1% only, flavored or non-flavored dairy products that are 200 calories or less per serving6 and
  • No more than 35% of total calories from fat (with the exception of nut/seed products) and
  • Less than 10% calories from saturated fat and
  • Zero trans fat and
  • 35% or less by weight of total sugars or 35% or less of calories from total sugars (does not apply to fruit or dairy) and
  • Sodium content 200 mg or less

Note: Points will apply if state has established a standard that uses a gram limit that is comparable to the % limits identified above for fat, saturated fat and sugar (i.e., no more than 6 grams of total fat per 150 calorie portion).

5

State allows the sale or service of only the following food items through school based, on campus fundraisers, throughout the school day:

Non-entrée food items limited to:

  • 200 calories or less per serving and
  • No more than 35% of total calories from fat (with the exception of nut/seed products) and
  • No more than 10% calories from saturated fat and
  • Zero trans fat and
  • 35% or less by weight of total sugars or 35% or less of calories from total sugars (does not apply to fruit or dairy) and
  • Sodium content 200 mg or less

Note: Points will apply if state has established a standard that uses a gram limit that is comparable to the % limits identified above for fat, saturated fat and sugar (i.e., no more than 6 grams of total fat per 150 calorie portion).

4

State mandates nutrition standards for the sale of foods through school based, on campus fundraisers with specified limits on calories, or fats (saturated or trans), or total or added sugar, or sodium.

3

State restricts sale of foods through school based, on campus fundraisers of low nutritive value that meets federal requirements for FMNV,vii but without establishing nutrition standards that meet or exceed federal dietary guidelines.3

2

State requirement of foods sold through school based, on campus fundraisers is undefined (e.g., “healthy” foods and beverages must be sold); or state requires a state agency to develop and adopt nutrition standards applicable to fundraisers.

1

State recommends nutrition standards for sold through school based, on campus fundraisers.

0

No provision.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Fundraisers Non-entrée Food/Snacks Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Note: Exceptions to total sugar limit are allowed for dairy products and fruits

Potential enhancement factor (ES- fundnofoodes, MS- fundnofoodms, HS- fundnofoodhs): Applies if state specifies that only non-food items are permitted for fundraisers.

Potential enhancement factor (ES- fundafteres, MS- fundafterms, HS- fundafterhs): Applies if state policy requires/encourages the promotion of healthy food and beverage options or non-food options during after-school fundraising events and activities either on school property or offsite.

Potential enhancement factor (ES- fundpores, MS- fundporms, HS- fundporhs): Applies if state specifies portion sizes.

Potential enhancement factor (ES- fundpenes, MS- fundpenms, HS- fundpenhs): Applies if penalties are established for violations.

Potential enhancement factor (ES- fundmilkes, MS- fundmilkms, HS- fundmilkhs): Applies if attempts are made to limit the amount of added sugar in flavored milk/dairy products (yogurt).

Potential inhibiting factor (ES- fund50es, MS- fund50ms, HS- fund50hs): Applies if policy allows for a certain percentage of unhealthy/junk food items.

Potential inhibiting factor (fund2cgy): Applies if there is a funding contingency written into the law that requires funding to implement the enhancements/improvements to food/snacks.

Potential inhibiting factor (ES- fundlessdayes, MS- fundlessdayms, HS- fundlessdayhs): Applies if standards apply for less than the school day.

Applicability. While laws that generally refer to competitive foods apply for all other competitive food variables, laws must expressly refer to “fundraisers” (by term or by synonymous description) to be rated under this variable.

Percentage allowance. If a policy specifies that 50% or more of food/beverage items offered must meet defined “healthy” criteria, a score of (1) is awarded. If the percent is less than 50%, no score is awarded. For example: If a provision states that 20% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (0). If the provision stated that 75% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (1).

Potential inhibiting factor: If a policy allows for between 50% and 100% of items offered must be ‘healthy’ then that policy will be scored as a +1 and will trigger this tracking variable, but if the policy allows for any percentage below 50% ‘healthy’ foods/beverages then that state receives no credit.

Dairy fat limits. All dairy (including cheese and yogurt) must be designated as low-fat (1%) or non-fat (skim) to receive a +6. Reduced fat (2%) will not be accepted as a +6. These standards also apply to dairy substitutes such as soy milk/cheese.

Combination items. Combination items, like products that contain both whole grains and fruit, should be allowed and scored as part of the 6 point category.

Portion size enhancement factor. Portion size is defined either by a calorie restriction or a volume or weight restriction, for example either 200 calories, or 1 oz.

Based on the Food and Drug Administration ruling, .5g of trans fat will be considered 0 grams of trans fat for coding purposes.

States that regulate only limits on trans fat are coded as +4, regardless of whether saturated fats are also limited. (added October 2014)

Definition of Fundraisers. Competitive food provisions that exclude fundraisers outside of the school day, but fail to mention fundraisers during the school day are coded as though the nutrition standards apply. (3/24/2015)

Example:
Ohio: ORC 3313.814: (1) “A la carte item” means an individually priced food or beverage item that is available for sale to students through any of the following:
(a) A school food service program;
(b) A vending machine located on school property;
(c) A store operated by the school, a student association, or other school-sponsored organization.
“A la carte item” does not include any food or beverage item available for sale in connection with
a school-sponsored fundraiser held outside of the regular school day, any other school-sponsored event held outside of the regular school day, or an interscholastic athletic event. “A la carte item” also does not include any food or beverage item that is part of a reimbursable meal and that is available for sale as an individually priced item in a serving portion of the same size as in the reimbursable meal, regardless of whether the food or beverage item is included in the reimbursable meal served
on a particular school day.

States restricting the sale of FMNVs in fundraisers receive +3. (added October 2014)

If a state requires compliance with Smart Snacks, whether or not the standards are defined in the policy itself or incorporated by reference, the following coding was applied from the requirements established in the federal rule:

FUND_ES; FUND_MS; FUND_HS=4
fundpores; fundporms; fundporhs=1

viiAs of July 1, 2014, the federal provision regulating FMNVs was no longer in effect. State laws using this language continue to be scored here, however please see variables related to Smart Snacks for federal competitive food language beginning July 1, 2014.

Return to List of Methodologies

Fundraisers Beverage Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- BEVFUNDES, MS Level- BEVFUNDMS, HS Level- BEVFUNDHS

Note: If state policy sets out standards for all competitive food items without specifying the category (e.g., there is no separation for vended items versus school stores versus canteens versus fundraisers), the policy should still receive a score in 4 areas: Vending Machines - non-entrée foods/snacks only; Vending Machines – beverages only; School stores, canteens, and snack bars – foods only, and School stores, canteens, and snack bars – beverages only).

If the policy specifically identifies fundraisers as an area in which the standards apply, then score the policy using the Fundraisers: Foods/Snacks and Fundraisers: Beverages in addition to the 4 areas listed above.

Score

Description: The fundraisers beverages score reflects the degree to which state law addresses the amount of beverages with respect to the IOM recommended standard at the ES, MS, and HS grade level.

6

State prohibits the sale or service of beverages through school-based, on campus fundraisers or allows only the following exceptions.
Beverages limited to:

  • Water without added flavorings, additives or carbonation, and/or
  • Nonfat or 1% only, flavored or non-flavored milk, and/or
  • Other beverages with at least 100% fruit/vegetable juice with no added caloric or non-caloric sweeteners, and/or
  • Caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances.

5

State allows the sale or service of only the following beverages through school-based, on campus fundraisers:
Beverages limited to:

  • Water, and/or
  • Nonfat or 1% only, flavored or non-flavored milk, and/or
  • Other beverages with at least 100% fruit/vegetable juice with no added caloric sweeteners, and/or
  • Caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances.

Additional beverages allowed with limits on total calories and/or added sugar (would allow for some sports drinks, juice drinks, flavored waters, and diet sodas)

4

State mandates nutrition standards for the sale of beverages through school-based, on campus fundraisers with specified limits on calories, or fats (saturated and trans), or total or added sugar, or sodium or caffeine.

3

State restricts sale of beverages through school-based, on campus fundraisers of low nutritive value that meets federal requirements for FMNV,viii but without establishing nutrition standards that meet or exceed federal dietary guidelines.3

2

State requirement of beverages sold through school-based, on campus fundraisers is undefined (e.g., “healthy” foods and beverages must be sold); or state requires a state agency to develop and adopt nutrition standards applicable to fundraisers.

1

State recommends nutrition standards for beverages sold through school-based, on campus fundraisers.

0

No provision

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Fundraisers Beverage Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (ES- bevfundnofoodes, MS- bevfundnofoodms, HS- bevfundnofoodhs): Applies if state specifies that only non-food items are permitted for fundraisers.

Potential enhancement factor (ES- bevfundafteres, MS- bevfundafterms, HS- bevfundafterhs): Applies if state requires/encourages the promotion of healthy food and beverage options or non-food options during after-school fundraising events and activities either on school property or off site.

Potential enhancement factor (ES- bevfundpores, MS- bevfundporms, HS- bevfundporhs): Applies if state specifies portion sizes.

Potential enhancement factor (ES- bevfundpenes, MS- bevfundpenms, HS- bevfundpenhs): Applies if penalties are established for violations.

Potential enhancement factor (ES- bevfundmilkes, MS- bevfundmilkms, HS- bevfundmilkhs): Applies if attempts are made to limit the amount of added sugar in flavored milk/dairy products.

Potential inhibiting factor (ES- bevfund50es, MS- bevfund50ms, HS- bevfund50hs): Applies if policy allows for a certain percentage of unhealthy/junk food items.

Potential inhibiting factor (bevfund2cgy): Applies if there is a funding contingency written into the law that requires funding to implement the enhancements/improvements to beverages.

Potential inhibiting factor (ES- bevfundlessdayes, MS- bevfundlessdayms, HS-bevfundlessdayhs): Applies if standards apply for less than the school day.

Applicability. While laws that generally refer to competitive foods apply for all other competitive food variables, laws must expressly refer to “fundraisers” (by term or by synonymous description) to be rated under this variable.

Percentage allowance. If a policy specifies that 50% or more of food/beverage items offered must meet defined “healthy” criteria, a score of (1) is awarded. If the percent is less than 50%, no score is awarded. For example: If a provision states that 20% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (0). If the provision stated that 75% of the food/beverage items offered must meet the “healthy” criteria specified in the provision, that state would receive a (1).

Potential inhibiting factor: If a policy allows for between 50% and 100% of items offered must be ‘healthy’ then that policy will be scored as a +1 and will trigger this tracking variable, but if the policy allows for any percentage below 50% ‘healthy’ foods/beverages then that state receives no credit.

Dairy fat limits. All dairy (including cheese and yogurt) must be designated as low-fat (1%) or non-fat (skim) to receive a +6 or +5. Reduced fat (2%) will not be accepted as a +6 or +5. These standards also apply to dairy substitutes such as soy milk/cheese.

Milk. Milk does not qualify as a low-calorie beverage.

Portion size enhancement factor. Portion size is defined either by a calorie restriction or a volume or weight restriction, for example either 200 calories, or 1 oz.

Definition of Fundraisers. Competitive food provisions that exclude fundraisers outside of the school day, but fail to mention fundraisers during the school day are coded as though the nutrition standards apply. (3/24/2015)

Example:
Ohio: ORC 3313.814: (1) “A la carte item” means an individually priced food or beverage item that is available for sale to students through any of the following:
(a) A school food service program;
(b) A vending machine located on school property;
(c) A store operated by the school, a student association, or other school-sponsored organization.
“A la carte item” does not include any food or beverage item available for sale in connection with
a school-sponsored fundraiser held outside of the regular school day, any other school-sponsored event held outside of the regular school day, or an interscholastic athletic event. “A la carte item” also does not include any food or beverage item that is part of a reimbursable meal and that is available for sale as an individually priced item in a serving portion of the same size as in the reimbursable meal, regardless of whether the food or beverage item is included in the reimbursable meal served
on a particular school day.

Caffeine
Definition:
The Institute of Medicine’s “Nutrition Standards for Foods in Schools: Leading the Way toward Healthier Youth” included caffeine in the standards for competitive beverages sold in schools. With the expansion of CLASS variables, we decided to make the beverages variables more complete and include caffeine with the current coding scheme.

Decision rules:
Carbonated beverages/soda/soft drinks are not enough; need to specifically mention caffeine. (Added July 20, 2012)

If a la carte beverages, vending beverages, school store beverages and fundraising beverages are different, and the highest score includes caffeine, then coded caffeine as the highest of these (for expansion only; in the future, it will be incorporated into the old coding schemes).

Unless otherwise specified, Caffeine will receive the highest score of all the competitive beverage variables

State specific (Indiana): caffeine was coded the same as a la carte beverages because the provision specifies caffeine for a la carte.

States restricting the sale of FMNVs in fundraisers receive +3. (added October 2014)

If a state requires compliance with Smart Snacks, whether or not the standards are defined in the policy itself or incorporated by reference, the following coding was applied from the requirements established in the federal rule:

BEVFUNDES=5
BEVFUNDMS=5
BEVFUNDHS=4 (caffeine is allowed) bevfundpores; bevfundporms; bevfundporhs=1

viiiAs of July 1, 2014, the federal provision regulating FMNVs was no longer in effect. State laws using this language continue to be scored here, however please see variables related to Smart Snacks for federal competitive food language beginning July 1, 2014.

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Classroom Parties/Activities/Events/Practices

Note: The italicized texts in parenthesis are the variable names in the CLASS Data Set.

Variable name in data set: (classbon)

Score

Description: The Classroom Parties/Activities/Events/Practices score reflects the degree to which state law addresses the need for classroom parties/activities/events/practices to encourage healthy food and beverage options or non-food options or restricts the use of unhealthy food as a reward in the classroom.

1

State policy does address classroom parties/activities/events/practices or specifically addresses the use of food as a reward.

0

State policy does not address classroom parties/activities/events/practices or the use of food as a reward.

Enhancing/ Inhibiting Factors Inhibiting


There are no enhancing or inhibiting factors for this variable.

Examples

California Educ. Code § 8993:
The Legislature encourages school instructional staff to do the following:
(a) Be informed about the negative consequences of using food as a reward and of withholding food from pupils as punishment.

Colorado Stat. § 22-32-136:
(3) On or before July 1, 2006, each school district board of education is encouraged to adopt policies ensuring that:

  • (a) Every student has access to healthful food choices in appropriate portion sizes throughout the school day. At a minimum, this includes the provision of: (III) Healthful items for fundraisers, classroom parties, and rewards in the schools.

D.C. Code § 38-822.06:
(f) Foods and beverages that do not meet the nutritional requirements of subsection (a) of this section shall not be:
(1) Used as incentives, prizes, or awards in public schools or public charter schools

West Virginia Code Regs. § 126-86-5:
5.1.3. Foods and beverages shall not be offered as a reward or used as a means of punishment or disciplinary action for any student during the school day.

Exceptions for Classroom Parties/Activities/Events/Practices

Beginning with the 2015 CLASS data set, the variable “Exceptions for Classroom
Parties/Activities/Events/Practices” (classpen) was sunset.
Please see the inhibiting factors of fundexempt and bevfundexempt that are coded under Smart Snacks for data pertaining to exceptions allowed to established nutrition standards.

Exceptions for Classroom Parties/Activities/Events/Practices
Variable name in data set: (classpen) *new 2013

Score

Description: The Exceptions for Classroom Parties/Activities/Events/Practices score reflects the degree to which state law specifically allows for exceptions to established nutrition guidelines for classroom parties/activities/events/practices.

1

State allows for exceptions to established nutrition guidelines for classroom parties/activities/events/practices.

0

State does not specifically allow for exceptions to established nutrition guidelines for classroom parties/activities/events/practices.

Enhancing/ Inhibiting Factors


There are no enhancing or inhibiting factors for this variable.

Example

70 Okla. Stat. Ann. § 5-147

  1. Each district board of education shall ensure that students in elementary schools do not have access to foods of minimal nutritional value except on special occasions.
  2. Each district board of education shall ensure that students in middle and junior high schools do not have access to foods of minimal nutritional value except after school, at events which take place in the evening, and on special occasions

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Reimbursable School Lunch Requirements

Beginning with the 2012 CLASS data set, the variable “Reimbursable School Lunch Requirements” (MEALS_ES; MEALS_MS; MEALS_HS; and all enhancement/inhibiting factors) was sunset. In 2012, USDA instituted new, enhanced nutrition standards for the National School Lunch Program. As a result, state laws in this area are no longer being captured. Prior to the 2012 data set, however, the coding scheme below applies.

Variable name in data set: ES Level- MEALS_ES, MS Level- MEALS_MS, HS Level- MEALS_HS

Score

Description: The reimbursable school lunches score reflects the degree to which state law addresses the amount of reimbursable lunches with respect to the USDA National School Lunch Program and School Breakfast Program and the Federal Dietary Guidelines for Americans at the ES, MS, and HS grade level.

6

State addresses nutrition in reimbursable school lunch programs by requiring meals in all schools to meet all of the following 4 criteria:

  • Whole Grains: whole grain foods are offered 3 or more times per week; or, half of all grains offered are whole grains.

  • Fruits and vegetables: both a fruit and vegetable are offered each day, regardless of the menu planning approach used; or, three different fruits and five different vegetables are offered each week.

  • Milk: nonfat or 1% only, flavored or non-flavored milk offered daily.

  • Cholesterol: meals, on average over a school week, provide less than 100 mg cholesterol at lunch.

5

State addresses nutrition in reimbursable school lunch programs by requiring meals in all schools to meet 2 or 3 of the following 4 criteria:

  • Whole Grains: whole grain foods are offered 3 or more times per week; or, half of all grains offered are whole grains.

  • Fruits and vegetables: both a fruit and vegetable are offered each day, regardless of the menu planning approach used; or, three different fruits and five different vegetables are offered each week.

  • Milk: nonfat or 1% only, flavored or non-flavored milk offered daily.

  • Cholesterol: meals, on average over a school week, provide less than 100 mg cholesterol at lunch.7

4

State addresses nutrition in reimbursable school lunch programs by requiring meals in all schools to meet at least 1 of the 4 criteria outlined above in the 5 point score category.

3

State addresses nutrition in reimbursable school lunch programs with requirements or standards that exceed compliance with federal regulations for school meals (7 CFR 210 for the National School Lunch Program) but does not meet criteria outlined in the 4 or 5 point score categories outlined above.

For example, state sets standards for some food groups/nutrients that do not meet standards in 4 or 5 score categories above; state prohibits deep-fried foods in school meals; state requires more fruits and vegetables without specifying amount and/or frequency.

2

State addresses nutrition in reimbursable school lunch programs with a general mandate to develop and adopt requirements or standards that exceed compliance with federal regulations (e.g., State Education Agency is required to establish nutrition standards for all food and beverages sold or served in schools, including school nutrition programs). Beginning in 2012, state requires that school lunches meet existing federal regulations for school meals.

1

State recommends nutrition standards for school lunches that exceed compliance with federal regulations.

0

No provision or state requires that school lunches meet existing federal regulations for school meals (7 CFR 210 for the National School Lunch Program) (through 2010).

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Reimbursable School Lunch Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (ES- mealpores, MS- mealporms, HS- mealporhs): Applies if state specifies portion sizes.

Potential enhancement factor whole grain (ES- mealgraines, MS- mealgrainms, HS-mealgrainhs): Applies if state requires whole grains to be offered each day.

Potential enhancement factor cooked legumes (dried beans or peas) (ES- mealegumes, MS- mealegumms, HS- mealegumhs): Applies if state specifies that they must be offered one or more times a week.

Potential enhancement factor Vitamin C (ES- mealvitces, MS- mealvitcms, HS- mealvitchs): Applies if state requires that a good source of Vitamin C be offered each day.

Potential enhancement factor fruit and vegetable (ES- mealfves, MS- mealfvms, HS- mealfvhs): Applies if state specifies that dark green or orange vegetables or fruit is offered three or more times per week.

Potential enhancement factor iron (ES- mealirones, MS- mealironms, HS- mealironhs): Applies if state specifies that two or more sources of iron is offered daily.

Potential enhancement factor limits (ES- mealimites, MS- mealimitms, HS- mealimiths): Applies if state sets limits or targets for sodium or trans fat.

Potential enhancement factor fiber (ES- mealfiberes, MS- mealfiberms, HS- mealfiberhs): Applies if state sets a standard for fiber (at least 11 grams per meal or 11 grams averaged over the course of the week).

Potential enhancement factor (ES- mealinfoes, MS- mealinfoms, HS- mealinfohs): State requires nutrient information for each meal be available at point of purchase/in the cafeteria near where the meal is served or on the menu (e.g., fat, calories, protein, carbohydrates).

Potential inhibiting factor (mealfund): Applies if there is a funding contingency written into the law that requires funding to implement the enhancements/improvements to meals.

Decision rules:
Applicability. Current school meal program guidelines for reimbursable school meals may be no less restrictive than regulations. This requirement implies that districts must ensure that reimbursable school meals meet the program requirements and nutrition standards set forth under the 7 CFR Part 210 and Part 220.

Dairy fat limits. All dairy (including cheese and yogurt) must be designated as low-fat (1%) or non-fat (skim) to receive a +6 or +5. Reduced fat (2%) will not be accepted as a +6 or +5. These standards also apply to dairy substitutes such as soy milk/cheese.

Tran fat Based on the Food and Drug Administration ruling, .5g of trans fat will be considered 0 grams of trans fat for coding purposes.

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School Meal Environment Requirements

Note: This policy applies across all grade levels. The italicized text below corresponds to the variable names in the CLASS Data Set.

Variable name in data set: ENVIRO2

Score

Description: The school meal environment score reflects the degree to which state law addresses the meal environment with respect to the USDA National School Lunch Program and School Breakfast Program and the IOM recommended standard.

3

State mandates two standards (beyond the school meal federal requirements)6,7 for designated meal periods, in categories such as: (1) specific meal scheduling time requirements (e.g., lunch must be served between 11 a.m. and 1 p.m. and/or lunch must follow recess), and (2) specific eating time requirements (e.g., school must provide 20 minutes for students to eat after students are seated).

2

State mandates one standard (beyond the school meal federal requirements)6,7 for designated meal period, in categories such as: (1) specific meal scheduling time requirements (e.g., lunch must be served between 11 a.m. and 1 p.m.), and/or (2) specific eating time requirements (e.g., school must provide 20 minutes for students to eat after students are seated).

1

State recommends requirements for designated meal periods that exceed compliance with federal regulations for the school meal.

0

No provision.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of School Meal Environment Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (envirotime): Law specifies that school provides at least 10 minutes for breakfast and 20 minutes for lunch

Potential enhancement factor (envirosched): Law specifies that school only schedules lunch between 11am and 1pm12

Note: According to federal regulations, schools that participate in the USDA National School Lunch Program must serve lunch between 10:00am and 2:00pm.
Individual schools/school districts, not USDA, determine how much time to give students for lunch. USDA’s Changing the Scene document recommends 20 minutes for lunch – after being served, and 10 minutes for breakfast after being served.

Decision rules:
Policies that require “adequate” lunch periods simply repeat the federal requirement and are not applicable.

Envirotime: State must specify both a time period for breakfast and a time period for lunch. (added October 2014)

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Food Service Director Qualification Requirements

Note: This policy applies across all grade levels. The italicized text below corresponds to the variable names in the CLASS Data Set.

Variable name in data set: SERVIC2

Score

Description: The food service director qualifications score reflects the degree to which state law addresses the qualifications for food service directors with respect to the USDA National School Lunch Program and National Associations of State Boards of Education recommended standard.

4

State requires newly-hired district food service directors to have a minimum of a bachelor’s degree in nutrition, dietetics, food service management, (or related field) or certification/credentialing from either a state or national program (e.g., School Nutrition Association or American Dietetic Association) at a level that specifies a post-secondary degree and a minimum requirement for specialized training in a nutrition-related field.

3

State requires newly-hired food service directors to have a minor in a nutrition, dietetics, food service management (or related field) or certification/credentialing that specifies a post-secondary degree (e.g., associate’s degree) and a minimum requirement for specialized training in a nutrition-related field.

2

State requires newly-hired district food service directors to have a high school degree / GED and, in addition, a minimum requirement for specialized training in a nutrition-related field; or state requires certification/credentialing that specifies a HS/GED degree with a minimum requirement for specialized training in a nutrition-related field.

1

State recommends credentials for food service directors (or State certification is voluntary).

0

No provision.

Tracking variable

Description: These are features in the codified law that may enhance
or inhibit implementation of Food Service Director Qualification Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (servbon): Applies if state addresses professional development for food service directors, whether related to certification or otherwise.

Decision rules:
State policy requiring a “qualified” food service director without specifics to education is coded as the lowest requirement (+2). Policy that require food-related training without reference to specific degree (masters, bachelors, HS/GED), will default to HS/GED +2 (9/19/05)

Pay particular attention to education requirement consisting of graduate degree or credit. If graduate education is required, then “+4” would be assigned.

If a bachelor’s degree is required, but not in a food-related field, then the policy would be coded as having a minor in a food-related field.

If state specifies different levels of education/certification for Food Service Director based on size of the school/school district, therefore not applying the same regulation to the entire state, code for highest level of education (or most restrictive) and downgrade by (1). Example: GA ADC 160-5-1.22

Note that AR law requires that 3 prongs be satisfied: (1) high school diploma/GED, (2) successful completion of a national/state program for certification/credentialing of food service director, and (3) a post-secondary degree or other specified training. Because all criteria are met and the requirement is more rigorous than a (3), the state was coded as a (4). See: AR ADC 005 01 007

Training: Food related training must include nutrition. Food safety or food handling does not qualify as food related training.

Professional development/training must be specific to food service directors, not simply “food service staff” or “food service personnel.” (added October 2014)

Professional development/training need only be addressed for credit. For example, Miss. Code Ann. 37-13-137 receives a 1:

(2) The Office of Healthy Schools of the State Department of Education shall provide comprehensive training for superintendents, business managers, food service directors and food service managers of a local school district, or the designees appointed by those individuals for training purposes, as required by the department on marketing healthy foods, creating a healthy cafeteria environment, effective and efficient food service operations, the standards and expectations of food service staff, and other topics as identified by the department.

(added October 2014)

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Coordinating, Advisory, or Wellness Teams or Councils Requirements

Note: This policy applies across all grade levels. The italicized text below corresponds to the variable names in the CLASS Data Set.

Variable name in data set: ADVISORY

Score

Description: The coordinating, advisory, or wellness teams or councils score reflects the degree to which state law addresses the nutrition and wellness policies of these advisory or councils with respect to the Center for Disease Control and National Associations of State Boards of Education recommended standard.

3

State mandates that districts, local education agencies or schools form school health coordinating, advisory or wellness councils that include a nutrition component and linked to local wellness policies required by the federal “Child Nutrition and WIC Reauthorization Act of 2004 (P.L. 108-265 section 204)” or otherwise, establishes a state-wide infrastructure to support such programs.

2

State mandates that districts, local education agencies or schools form school health coordinating, advisory or wellness councils linked to local wellness policies required by the federal “Child Nutrition and WIC Reauthorization Act of 2004” or otherwise.

1

State recommends voluntary coordinating, advisory or wellness councils for districts, local education agencies or schools.

0

No provision.

Tracking variable

Description: These are features in the codified law that may enhance or inhibit implementation of Coordinating, Advisory, or Wellness Teams or Councils Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (advisboard): Applies if state creates a board/commission/committee to provide advice and recommendations related to nutrition and youth overweight policies.

Potential enhancement factor (advisreview): Applies if state reviews/assesses local committee actions and makes recommendations.

Decision rules:
By July 1, 2006, school districts that participate in the National School Lunch Program must have local wellness policies [P.L. 108-265 sec. 204]. The new law does not say what the details of the local policy should be, but does require that policies be adopted across four areas: nutrition education goals, physical activity goals, nutrition standards, and other school-based activities. The law states that parents, students, and others should be involved and that implementation should be measured. In supporting materials, USDA suggests that schools work with existing “teams” already in place.

If any state regulatory body must report, regarding the progress of district wellness policies, to the state legislature that state will receive credit for: Potential Enhancement Factor: Applies if state reviews/assesses local committee actions and makes recommendations. Example: AR ST § 20-7-135.

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Nutrition Education Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- EDUC_ES, MS Level- EDUC_MS, HS Level- EDUC_HS

Score

Description: The nutrition education score reflects the degree to which state law addresses the amount of nutrition education with respect to the USDA National School Lunch Program and the Center for Disease Control recommended standard at the ES, MS, HS grade level.

4

State requires a curriculum to incorporate/integrate sequential nutrition education content into standards-based health education curriculum with reference to specific nutrition standards for specified grade levels. For example, standards may specify that by a certain grade level, certain standards, concepts or content should be completed by grades 2, 5, 8 and 12. Nutrition education components can be included as part of overall health curriculum.

3

State requires a curriculum to incorporate/integrate sequential nutrition education content into standards-based health education curriculum without reference to specific nutrition standards or grades. Nutrition education components can be included as part of overall health curriculum.

2

State requires a curriculum to incorporate nutrition education content into health curriculum without reference to any additional requirements. Note: If state requires comprehensive health education that is consistent with CDC’s Coordinated School Health Program (CSHP), this would qualify, since nutrition is included.

1

State recommends a curriculum to incorporate nutrition education content into health curriculum without reference to any additional requirements. Note: If state recommends comprehensive health education that is consistent with CDC’s Coordinated School Health Program (CSHP), this would qualify since nutrition is included.

0

No provision for broad health education provision with no mention of nutrition.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Nutrition Education Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (ES- educfoodserves, MS- educfoodservims, HS- educfoodservihs): Applies if state specifies that schools must integrate/coordinate nutrition instruction in the school with the food service program and/or instruction in other subjects.

Potential enhancement factor (ES- educrefes, MS- educrefms, HS- educrefhs): Applies if state references the National Health Education Standards, the Dietary Guidelines for Americans, or MyPyramid, in language regarding health or nutrition education.12

Potential enhancement factor (ES- educinses, MS- educinsms, HS- educinshs): Applies if state specifies hours of student instruction per year (e.g., 50 hours per year) and/or hours of nutrition education professional development (e.g., 10 hours per year).

Potential enhancement factor (ES- educcshpes, MS- educcshpms, HS- educchsphs): Applies if state requires health education (based on CDC’s CSHP) for any grade.

Applicability. Nutrition education must be a separate credit-bearing course or a specific sub-component of health education requirement. Home economics, vocational education, and family/consumer sciences are not applicable.

Pay particular attention to grade range designation: ES, MS, or HS. If there is no grade range specified, then all grade ranges are applicable.

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Marketing: Advertising Requirements

Note: This policy applies across all grade levels. The italicized text below corresponds to the variable names in the CLASS Data Set.

Variable name in data set: MARKTING

Score

Description: The marketing advertising score reflects the degree to which state law addresses the amount of advertising within the school with respect to the IOM and American College of Preventive Medicine recommended standard.

5

State prohibits the sales, commercial promotion/advertising, or giving away of food and beverages, during the school day, that do not conform to specified nutrition standards that meet or exceed federal dietary guidelines.3 3

4

State prohibits commercial advertising/promotion of all food and beverages, during the school day, that do not conform to specified nutrition standards that meet or exceed federal dietary guidelines.3

3

State limits certain types of commercial advertising/promotion for low-nutrient food and beverages in certain locations and/or at certain times (e.g., direct advertising, such as a requirement to switch vending machine signage for soda to signage for water; or indirect advertising, such as in-school fundraisers involving branded foods).

2

State requirement for advertising/marketing is undefined (e.g. schools must promote “healthy” food choices and prohibit advertising/marketing of “less healthy” food and beverages); or the state requires districts or schools to develop and adopt a standard for commercial advertising/promotion of food or beverages.

1

State recommends a standard for nutrition-based marketing of food and beverages to students during the school day.

0

No provision.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Marketing: Advertising Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (incentive): Applies if a state prohibits the use of commercial food products (through coupon, incentives or other means) as a reward for school achievement.

Potential enhancement factor (intructban): State prohibits all advertising associated with instruction (such as the use of logos and brands for food/beverage items on educational materials provided by the school).

Decision rules:
Credit is given for restrictions on commercial advertising/promotion that include foods of low-nutritive value as a subset. For example, a policy that prohibits commercial advertisements on instructional materials unless local school boards meet state-mandates procedures, descriptive terms for food/beverages to be promoted must be consistent and based on specified definitions (e.g., state must promote “healthy foods” is insufficient without specifics which conform to US Dietary Guidelines)

To get a score of 5, the law must include some mention of giving away of food and beverages. If this is not present, a score of 4 will be provided. (update 1/9/2020)

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Marketing: Preferential Pricing Requirements

Note: This policy applies across all grade levels. The italicized text below corresponds to the variable names in the CLASS Data Set.

Variable name in data set: PRF_PRIC

Score

Description: The marketing preferential pricing score reflects the degree to which state law addresses preferential pricing with respect to the recommendations published in the scientific literature.

4

State mandates preferential pricing, which are applicable to multiple settings, to promote nutrient-dense food or beverages choices (e.g., preferential pricing of fruits and vegetables wherever sold or served in school).

3

State mandates preferential pricing; applicable to a single setting or food group to promote nutrient-dense food or beverages choices (e.g., vending prices may not favor carbonated beverages over water or 100% fruit juice).

2

State mandates a general requirement for preferential pricing (e.g., districts or schools shall promote healthy foods through preferential pricing); or State requires districts or schools to develop and adopt a policy related to preferential pricing for nutrient-dense food and beverages.

1

State recommends preferential pricing to promote nutrient-dense food or beverage choices.

0

No provision.

Tracking variable

Description: These are features in the codified law that may enhance or inhibit implementation of Marketing: Preferential Pricing Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (pricplace): Applies if state addresses placement of food or beverages to promote nutrient-dense food and beverage choices (e.g., fruits and vegetables should be offered at all points of service).

Decision rules:
Credit is given for restrictions on commercial advertising/promotion that include foods of low-nutritive value as a subset. For example, a policy that prohibits commercial advertisements on instructional materials unless local school boards meet state-mandates procedures, descriptive terms for food/beverages to be promoted must be consistent and based on specified definitions (e.g., state must promote “healthy foods” is insufficient without specifics which conform to US Dietary Guidelines)

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Body Mass Index (BMI) Screening

Note: This policy applies across all grade levels. The italicized text below corresponds to the variable names in the CLASS Data Set.

Variable name in data set: BMI

Score

Description: The Body Mass Index (BMI) screening score reflects the degree to which state law addresses the prevention of overweight and obesity in accordance with the IOM and Federal Dietary Guidelines for Americans recommended standard.

3

State mandates BMI screening (if not exempted by parents) in all grades AND mandates purpose of screening, expected outcomes, appropriate parent notification/communication, and appropriate follow-up actions.8

2

State mandates BMI screening (if not exempted by parents) AND mandates purpose of screening, expected outcomes, appropriate parent notification/communication, and appropriate follow-up actions. Grade levels not specified.

1

State recommends/encourages/allows schools to conduct BMI screening that would include purpose of screening, expected outcomes, appropriate parent notification/communication, and appropriate follow-up actions.

0

No BMI screening provision OR BMI screening required/recommended but no mention of purpose, outcomes, parent notification/communication, and/or appropriate follow up.

Tracking variable

Description: These are features in the codified law that may enhance or inhibit implementation of Body Mass Index Screening Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Inhibiting factor (to track distinction between the two zero categories) (bmi_fwup): BMI screening required/recommended but no mention of purpose, outcomes, parent notification/communication, and/or appropriate follow up.

Decision rules:
Applicability. Policies that require the collection of student height and weight, without specifically referring to “BMI,” are relevant for this topic area and will be rated accordingly.

Policies that require or recommend BMI screening, but do not contain provisions related to purpose, outcomes, parental notification, or some other follow-up are coded as a (0) with the inhibiting factor bmi_fwup.

Policies that require health care providers outside the school system to perform BMI screening, but also include the Department of Education or the school districts in the screening and data collection process (see IL and NY), are relevant and will be rated accordingly (4/25/06).

Policies that require Fitnessgram testing are coded as (0) with the inhibiting factor bmi_fwup=1 unless reporting results are specified (added 2015).

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Farm-to-School Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- FRMSCHES, MS Level- FRMSCHMS, HS Level- FRMSCHHS

Score

Description: The Farm to School score reflects the degree to which state law establishes a farm to school program with respect to the USDA National School Lunch Program and the Center for Disease Control and Prevention’s recommended School Health Guidelines at the ES, MS, HS grade level.

4

State establishes a Farm to School program which requires all of the following components:

  • Technical assistance for the Farm to School program provided by the state (e.g., website of farmers/schools participating in the program, farm/food service director education, or other outreach).

  • Nutrition education to students in conjunction with the program (e.g. school garden or farm tours).

  • Dedicated funding (i.e., state grants) for the program

  • State defines “local” or “regional” produce used in the program

3

State establishes a Farm to School program with at least 2 of the 4 criteria listed above.

2

State establishes a Farm to School program without specified requirements.

1

State recommends that schools establish a Farm to School program, OR state only requires less than one week devoted to a Farm to School Program (e.g., a pilot).

0

No provision for establishment of a Farm to School program.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Nutrition Education Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (at all school levels- schgrd): Applies if state addresses a stand-alone school garden program without establishing a Farm to School program.

Potential enhancement factor (at all school levels- interag): Applies if state requires interagency collaboration regarding the Farm to School program.

Potential enhancement factor (at all school levels- intcurr): Applies if state requires the Farm to School nutrition component be integrated into permanent curriculum (e.g., health or science).

Definition:
The term ‘farm to school’ is generally understood to include efforts that connect schools with local or regional producers in order to serve local or regionally produced foods in school cafeterias. In addition to procurement activities, food, agriculture and nutrition-based educational efforts that span a host of hands-on experiential activities, such as school gardens, field trips to local farms, and cooking classes, are also included in the concept of farm to school. Standards-based curriculum centered on food, agriculture, and/or nutrition often integrates as wellix. Themes present in both the literature and in the actual laws and regulations regarding Farm to School programs include: 1. Technical Assistance for leadership development and facilitate farmer participation; 2. Nutrition education for students; 3. Dedicated funding for the program; and 4. Define “local/regional” produced used in the program. These factors highlight appropriate state-level policy interventions that may be applied when designing a Farm to School program. These factors are captured in total in a score of 4 on the newly created coding instrument.

Decision rules:
This variable captures the establishment of a program. Provisions that address the criteria needed for a score of 3 or 4 on the Farm to School scale, but do not establish a program are not included in the dataset (example: Virginia).

If a program requires any/all aspects of a typical Farm to School program (i.e. TA, education etc.), but it is not named “Farm to School”, it will be included in this dataset.

If the provision states that the produce used for the Farm to School program must be grown in the specific state or surrounding states the state should receive credit for defining “local produce”.

Outreach is included as a TA component of Farm to School

Dedicated funding is defined as: provisions that require a permanent state funding source (i.e. grants).

Nutrition education is defined as any education directed towards students, for example about farms or nutrition.

Technical assistance from the state may include education to teachers, food service workers, and farmers regarding the farm to school program.

The provision does not need to specifically be named Farm to School, but must contain specified components of a Farm to School program.

In order to receive higher than a score of 2, the actual elements of the Farm to School Program must also be required, and not simply encouraged/recommended (added April 2015).

School Garden v. Farm to School Program
State Specific DR: California: Generally CA has many different grant programs that address Farm to School type programs. Each program has different criteria/objectives, with a general theme of education surrounding the Farm to School program or increased fruit and vegetable intake of students. CA does establish the Instructional School Gardens Program is the closest to Farm to School program as it includes the establishment of the program and accompanying TA and nutrition education to students. (Cal Ed. Code § 9000 et seq., Cal Ed Code § 51796, 51796.2, 51796.5). (Added July 20, 2012)

The school garden enhancement factor is meant to capture any aspects of a school garden program.

If the garden program encompasses some codified aspects of a typical Farm to School program, the provisions should be scored as the Farm to School variable (see District of Columbia as example).

Local Procurement Program v. Farm to School Program

Local procurement programs that do not address other aspects of a typical Farm to School program (i.e. TA, education etc.) are not included in this dataset.

Provisions that address only local procurement programs will not be included in this coding system.

Procurement Example (added April 2015)

RI Code Ann. 16-21-28:
(d) The school health and wellness subcommittee shall be responsible for, but not limited to, development of policies, strategies, and implementation plans that promote purchasing and serving locally grown fruits, vegetables and dairy products and that meet the requirements of the child nutrition and WIC Reauthorization Act of 2004. The school health and wellness subcommittee shall forward all recommendations regarding the district's health education curriculum and instruction, physical education curriculum and instruction, nutrition policies, and physical activity policies to the full school committee.

ix United States Department of Agriculture School Garden Q&As Memo to Regional Directors Child Nutrition Programs All Regions and State Directors Child Nutrition Programs All States July 29, 2009 (SP 32-2009)

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Potable Water Requirements

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels.

Variable name in data set: ES Level- POTWTRES, MS Level-POTWTRMS, HS Level- POTWTRHS

Score

Description: The potable water score reflects the degree to which state law requires free potable water access with respect to the USDA National School Lunch Program and the Center for Disease Control and Prevention’s recommended School Health Guidelines at the ES, MS, HS grade level.

4

State requires free potable water access with requirements or standards that exceed compliance with federal regulations (7 CFR 210 for the National School Lunch Program) and meets all the following criteria:

  • Requires access to potable water during all meal times.

  • Requires access to potable water at all times during the day.

  • Requires access to potable water in other areas of the school building other than the cafeteria.

3

State requires free potable water access with requirements or standards that exceed compliance with federal regulations (7 CFR 210 for the National School Lunch Program) and meets at least 1 of the 3 criteria:

  • Requires access to potable water during all meal times.

  • Requires access to potable water at all times during the day.

  • Requires access to potable water in other areas of the school building other than the cafeteria.

2

State requires that potable water be available to children at no charge in the place where lunch meals are served during meal service.

1

State recommends access to free potable water that exceeds compliance with federal regulations (7 CFR 210 for the National School Lunch Program).

0

No provision for access to potable water.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Nutrition Education Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential enhancement factor (at all school level-wtrecp): Applies if state requires that schools provide a water receptacle near all potable water access points (i.e., cups/pitchers).

Note. Section 203 of the Healthy Hunger Free Kids Act amends section 9(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. (1758(a)) by requiring that schools participating in the NSLP make potable water available to children at no charge in the place where lunch meals are served during the meal service. Issues affecting potable water consumption by students include access, quality, infrastructure, and funding. This scoring system focuses on access (e.g. time, number and location of access points, ability to utilize access points).

Definition:
Section 203 of the Healthy Hunger Free Kids Act amends section 9(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. (1758(a)) by requiring that schools participating in the NSLP make potable water available to children at no charge in the place where lunch meals are served during the meal service. This part of the law is to be implemented January 2013. This scale, was created in 2012, but will include the upcoming changes due to occur in 2013, as to make coding consistent across years. Issues affecting potable water consumption by students include access, quality, infrastructure, and funding. This scoring system focuses on access (e.g. time, number and location of access points, ability to utilize access points).

Decision rules:
Provisions that require potable water in schools, without specifically saying that the water may be available in food service areas for drinking, will not be coded.

Water (typically bottled water), if offered for sale, is not included in this dataset.
Examples:
Score of 1

  • - D.C. Code § 38-822.03 (District of Columbia) Schools are encouraged to make cold, filtered water available free to students, through water fountains or other means, when meals are served to students

Score of 3

  • - W. Va. CSR § 126-86-8 (West Virginia) 8.1. In addition to milk, safe drinking water shall be offered with meals for student consumption in all child nutrition programs. Cups must be available with any water dispenser for easy student access.
    8.2. Schools shall make available plain, unflavored water throughout the school day at no charge.

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Smart Snacks Food Requirements

Note: This variable was added beginning with the CLASS 2014 data set. Please note that the Smart Snacks Food Requirement variable is coded in addition to the IOM related competitive food and beverages variables included in the 2003-2014 CLASS data sets. The new variable written below will be coded only if Smart Snacks or its nutrient standards are specifically addressed.

Variable name in data set: ES Level- SMARTSNACKES, MS Level- SMARTSNACKMS, HS Level- SMARTSNACKHS

Score

Description: The Smart Snacks Requirement score reflects the degree to which state law addresses compliance with the federal rule known as “Smart Snacks” standards9 at the ES, MS, and HS grade level.

6

State institutes a complete ban on competitive food sales.

5

State requires compliance with Smart Snacks/Federal Rule/ 7 CFR 210.11 requirements for food sold at school and defines the standards or requires compliance with articulated standards that meet or exceed Smart Snacks requirements, even if no reference to Smart Snacks/Federal Rule/ 7 CFR 210.11 exists.

Smart Snacks requires that all food fall into one of the general standards as well as meet the specific nutrient standards.

General food standard requires that food sold must:

  • Be a grain product that contains 50 percent or more whole grains by weight or have the first ingredient a whole grain; or

  • Have as the first ingredient a fruit, vegetable, dairy product, protein food; or

  • Be a combination food that contains at least ¼ cup of fruit and/or vegetable; or

  • Contain 10% of the daily value of one of the nutrients of public health concern based on the most recent Dietary Guidelines for Americans10(calcium, potassium, vitamin D, or dietary fiber)*; and

  • If water is the first ingredient, the second ingredient must be on be of the food items above

Nutrient standards:

  • No more than 200 calories per snack portion

  • No more than 350 calories per entrée

  • No more than 230 mg of sodium per snack item**

  • No more than 480 mg of sodium per entrée item

  • No more than 35% total calories from fat***

  • Less than 10% total calories from saturated fat***

  • Zero grams trans fat per portion (less than 0.5g per portion)

  • No more than 35% of weight from total sugars****

*Beginning July 1, 2016 foods may not qualify using the 10% DV criteria
** Effective July 1, 2016, these snack items and side dishes must have not more than 200 mg of sodium per item as packaged or served.
***Exemptions to fat/saturated fat requirements: reduced fat cheese and part skim mozzarella cheese, nuts, seeds, nut/seed butters, dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat, seafood with no added fat
****Exemptions to sugar requirements: dried whole fruits or vegetables, dried whole fruit or vegetable pieces, dehydrated fruits or vegetables with no added nutritive sweeteners, dried fruits with nutritive sweeteners required for processing, products that consist of only dried fruit with nuts and/or seeds, fresh frozen and canned fruits and vegetables with no added ingredients

4

State requires compliance with Smart Snacks/Federal Rule/ 7 CFR 210.11 requirements for food sold at school without specifying actual standards.

3

State requires compliance with all of the specific nutrient standards of Smart Snacks.

Nutrient standards:

  • No more than 200 calories per snack portion

  • No more than 350 calories per entrée

  • No more than 230 mg of sodium per snack item**

  • No more than 480 mg of sodium per entrée item

  • No more than 35% total calories from fat***

  • Less than 10% total calories from saturated fat***

  • Zero grams trans fat per portion (not more than 0.5g per portion)

  • No more than 35% of weight from total sugars****

*Beginning July 1, 2016 foods may not qualify using the 10% DV criteria

**Effective July 1, 2016, these snack items and side dishes must have not more than 200 mg of sodium per item as packaged or served.

***Exemptions to fat/saturated fat requirements: reduced fat cheese and part skim mozzarella cheese, nuts, seeds, nut/seed butters, dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat, seafood with no added fat

****Exemptions to sugar requirements: dried whole fruits or vegetables, dried whole fruit or vegetable pieces, dehydrated fruits or vegetables with no added nutritive sweeteners, dried fruits with nutritive sweeteners required for processing, products that consist of only dried fruit with nuts and/or seeds, fresh frozen and canned fruits and vegetables with no added ingredients

2

State requires some nutrition standards that meet or exceed Smart Snacks requirements with specified limits on calories or sodium, or fat, or saturated fat, or trans fat, or sugar.

1

State recommends compliance with Smart Snacks/Federal Rule/ 7 CFR 210.11 requirements for food sold at school.

0

No provision related to Smart Snacks/Federal Rule/ 7 CFR 210.11.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Smart Snacks Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement Factor (ES-fundnoexemptes; MS-fundnoexemptms; HS-fundnoexempths): Applies if policy allows for 0 exempt fundraisers each year

Potential Inhibiting Factor (ES-fundexemptes; MS-fundexemptms; HS-fundexempths): Applies if policy allows for a certain number of exempt fundraisers each year

Decision Rules:
Level 2 coding includes situations where not all venues are regulated for the Smart Snacks requirements. If vending machines, school stores, a la carte, entrees, and fundraisers did not all meet Smart Snacks, a level 5 coding would not be given.

If a policy only includes old language regulating FMNVs, no coding is applied here.

A few states have adopted fundraiser exemption policies without requiring compliance with Smart Snacks nutrition standards (ex. MI, TX, VA). In those cases, the parent variable receives a score of 0 but the fundraiser exemption inhibiting factor is still coded in order to track those policies.

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Smart Snacks Beverage Requirements

Note: This variable was added beginning with the CLASS 2014 data set. Please note that the Smart Snacks Beverage Requirement variable is coded in addition to the IOM related competitive food and beverages variables included in the 2003-2014 CLASS data sets. The new variable written below will be coded only if Smart Snacks or its beverage standards are specifically addressed.

Variable name in data set: ES Level- BEVSMARTSNACKES, MS Level- BEVSMARTSNACKMS, HS Level- BEVSMARTSNACKHS

Score

Description: The Smart Snacks Requirement score reflects the degree to which state law addresses compliance with the federal rule known as “Smart Snacks” standards9at the ES, MS, and HS grade level.

6

State institutes a complete ban on competitive food sales.

5

State requires compliance with Smart Snacks/Federal Rule/ 7 CFR 210.11 requirements for beverages sold at school and defines the standards or requires compliance with articulated standards that meet or exceed Smart Snacks requirements, even if no reference to Smart Snacks/Federal Rule/ 7 CFR 210.11 exists.

Smart Snacks requires that beverages be limited to the following in elementary and middle schools:

  • Plain water (with or without carbonation but no flavorings)

  • Unflavored low fat milk

  • Unflavored or flavored fat free milk and milk alternatives permitted by NSLP/SBP

  • 100% fruit/vegetable juice

  • 100% fruit/vegetable juice diluted with water (with or without carbonation) and no added sweeteners

High Schools may additionally sell:

  • No more than 20-fluid ounce portions of calorie-free, flavored water (with or without carbonation); and other beverages containing < 5 calories/8 fl. oz. (or ≤ 10 calories/20 fl. oz.)

  • No more than 12-fluid ounce portions of beverages with ≤ 40 calories/8 fl. oz. or ≤ 60 calories/12 fl. oz.

Serving sizes are limited as follows:

ES—8 fl. oz. for all beverages except water
MS—12 fl. oz. for all beverages except water
HS—12 fl. oz. for milk and juice; 20 fl. oz. portions of calorie-free, flavored water (with or without carbonation) and other beverages that are labeled to contain <5 calories/8 fl. oz. or ≤ 10 calories/20 fl. oz.; 12 fl. oz. other beverages ≤ 40 calories/8 fl. oz. or ≤ 60 calories/12 fl. oz.

4

State requires compliance with Smart Snacks/Federal Rule/ 7 CFR 210.11 requirements for beverages sold at school without specifying actual standards.

3

State requires compliance with the following Smart Snacks/Federal Rule/ 7 CFR 210.11 requirements for beverages sold at school, without limiting serving sizes.

Smart Snacks requires that beverages be limited to the following in elementary and middle schools:

  • Plain water (with or without carbonation but no flavorings)

  • Fat free or low fat unflavored milk

  • Fat free flavored milk

  • 100% juice

  • 100% juice diluted with water

High Schools may additionally sell:

  • Calorie-free, flavored water (with or without carbonation); and other beverages containing < 5 calories/8 fl. oz. (or ≤ 10 calories/20 fl. oz.)

  • Beverages with ≤ 40 calories/8 fl. oz. or ≤ 60 calories/12 fl. oz.

2

State requires some nutrition standards that meet or exceed Smart Snacks requirements with specified restrictions on water or milk fat or juice or caffeine or serving size or other beverages.

1

State recommends compliance with Smart Snacks/Federal Rule/ 7 CFR 210.11 requirements for beverages sold at school.

0

No provision related to Smart Snacks/Federal Rule/ 7 CFR 210.11.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Smart Snacks Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential Enhancement Factor (ES-bevfundnoexemptes; MS-bevfundnoexemptms; HS-bevfundnoexempths): Applies if policy allows for 0 exempt fundraisers each year

Potential Inhibiting Factor (ES-bevfundexemptes; MS-bevfundexemptms; HS- bevfundexempths): Applies if policy allows for a certain number of exempt fundraisers each year

Decision Rules:
Level 2 coding includes situations where not all venues are regulated for the Smart Snacks requirements. If vending machines, school stores, a la carte, entrees, and fundraisers did not all meet Smart Snacks, a level 5 coding would not be given.

If a policy only includes old language regulating FMNVs, no coding is applied here.

If a policy restricted caffeine in ES/MS but did not limit the types of water/milk/juice, it was given level 2 coding.

A few states have adopted fundraiser exemption policies without requiring compliance with Smart Snacks nutrition standards (ex. MI, TX, VA). In those cases, the parent variable receives a score of 0 but the fundraiser exemption inhibiting factor is still coded in order to track those policies.

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Coordinated School Health

Note: The italicized text below corresponds to the variable names in the CLASS Data Set. The scoring criteria for this policy are identical at Elementary (ES), Middle (MS), and High (HS) School levels. *new 2016 data

Variable name in data set: ES Level- WSCCES, MS Level-WSCCMS, HS Level- WSCCHS

Score

Description: The coordinated school health score reflects the degree to which state law addresses the Whole School, Whole Community, Whole Child Model developed by the Center for Disease Control11 and Prevention’s at the ES, MS, HS grade level.

3

State institutionalizes the Whole School, Whole Community, Whole Child Model as a framework for coordinated school health.

2

State includes language to institutionalize a coordinated school health model, but not WSCC.

1

State recommends utilizing either a coordinated school health model or the WSCC Model.

0

No provision related to coordinated school health.

Tracking variables

Description: These are features in the codified law that may enhance or inhibit implementation of Nutrition Education Requirement policies, and are coded as:

“1” in data set if the factor applies

“0” if it does not apply

“999” if it was not scored for that particular year

Potential inhibiting factor (wsccdist): Applies if state only recommends that districts use or incorporate the materials that the state develops/adopts

Decision Rules:
If the state Department is required to provide resources, or policies, even if districts only need to consider recommendations, WSCC=2

  • - Note: in these cases, the inhibiting factor will be scored as 1.

If state requires district integration of CSHP, or the creation of a Coordinated School Health Council, WSCC=2 (ex. MS, NM, SC)

If state simply references WSCC without working to institutionalize it, it will not be coded (ex. VT)

References

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