Soda stand

Will diet soda be allowed back in Colorado high schools?

After a seven-year ban, diet soda would get the green light to return to high school vending machines if the State Board of Education approves proposed changes to state beverage rules next month.

Education department officials say they are making the recommendation to align Colorado rules with new federal rules and reduce schools’ regulatory burden.

But a host of health-minded organizations are pushing back against the proposal, saying the state was ahead of the curve when it launched a policy banning soda and diet soda from schools in 2009 and is now poised to give a drink laced with artificial sweeteners a new toehold among teens.

“We just think our state has already done great work on this and it doesn’t make sense to roll it back,” said Leslie Levine, technical assistance and research manager at the advocacy group Livewell Colorado.

The proposed beverage rules, which the State Board will consider at its Aug. 10 meeting in Grand Junction, grew out of a regular review of state policies, officials said. If approved, they would take effect by the 2017-18 school year at the latest.

Even if the State Board gives the go-ahead for diet soda in high schools, individual districts could decide not to stock the drinks.

Beverage rules

Still, critics of the proposed rules worry about dangling unhealthy beverages in front of students and tempting cash-strapped schools with the promise of new soft drink revenue.

Diet soda, though low in calories, has no nutritional value, harms teeth and diverts students from drinking healthier beverages like water, they argue.

“Allowing diet soda in schools just provides an unnecessary marketing opportunity to an industry that has fueled the obesity epidemic, and the tooth decay epidemic, I might add,” said Wyatt Hornsby, campaign director for Delta Dental Of Colorado Foundation.

The foundation is among more than a dozen groups ranging from health advocacy organizations to the Colorado PTA that have signed a letter urging State Board members to reconsider the diet soda proposal.

Colorado’s Healthy Beverage policy, originally passed by the State Board of Education in 2008, includes numerous provisions governing the type, size and calorie count of beverages allowed in schools outside of the federally regulated school meal program.

At the time, there were no federal rules governing such beverages, but that changed in 2014 when preliminary federal rules—called Smart Snacks in Schools standards—were approved. Just last week, the United States Department of Agriculture released the final version of the those rules.

Opponents of Colorado’s proposed rule changes say the federal rules represent the lowest bar states must clear, and don’t prevent stronger state-level policies.

“This is Colorado,” said Hornsby. “We pride ourselves on being the healthiest state in the nation so we need to aim higher.”

The current proposal to relax the beverage rules for the K-12 system comes just six months after Colorado significantly tightened beverage rules for kids in child care—banning all soda, flavored milks and sports drinks, and allowing 100 percent fruit juice just twice a week.

To some advocates, the conflicting efforts are perplexing.

But there’s also widespread recognition that many high-schoolers already have the independence and purchasing power to buy any sweet drink they want at the corner store.

School district officials have varying opinions on the proposed changes.

Ann Cooper, Boulder’s food service director, said via email she doesn’t think two sets of beverage guidelines—one federal and one state— would be onerous for districts. She also said diet soda shouldn’t be allowed in schools.

Kara Sample, assistant director of nutrition services in Weld County District 6, supports aligning Colorado’s Healthy Beverage policy to federal rules. She likened Colorado’s rules to an onion, with several layers of requirements that can be confusing to vendors and school district personnel.

Still, she said she was saddened that diet soda is allowable under the federal rules and that she’d be happy with a prohibition on diet soda in the new Colorado rules if that was one of the only major differences from federal rules.

Below are public comments on the proposed changes to the Healthy Beverage Policy. The education department recommends written comments be received by August 3, but will accept them up to and during the day of the State Board hearing.

SCOTUS on IDEA

U.S. Supreme Court, in landmark decision, strengthens rights for students with disabilities

In a landmark decision, the U.S. Supreme Court on Wednesday better defined the federal standard public schools must meet for its special education students.

Students with learning disabilities are due “appropriately ambitious” education plans that ensure they will advance through public schools similarly to other students, a unanimous court said.

The court’s decision stems from a lawsuit filed by a suburban Denver family who enrolled their son, known as Endrew F. in court documents, in a private school after they felt the Douglas County School District failed their son, who was diagnosed with autism and attention deficit/hyperactive disorder.

The family sued the district seeking reimbursement for the private school’s tuition, arguing their son was due a “free appropriate public education” as required by the 1975 Individuals with Disabilities Education Act.

The school district argued it met the minimum standard in the federal law that defines the rights of special education students.

While the state education department and lower courts agreed with the school district, Chief Justice John Roberts, who wrote the court’s opinion, did not.

“When all is said and done, a student offered an educational program providing merely more than ‘de minimis’ progress from year to year can hardly be said to have been offered an education at all,” Roberts wrote.

Federal law, he continued, “requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

The decision stops short of defining what progress should look like. Instead, that should depend on each student, the court said.

In a statement, the Douglas County School District said it was confident the district was already meeting the higher standard and would prove so when a lower court takes up the Endrew F. case again.

“The Court did not hold that Douglas County School District failed to meet the new standard, or say that DCSD can’t proceed to prove that it met that standard,” said Douglas County School District Legal Counsel William Trachman in a statement. “Indeed, in this case, the Douglas County School District offered an appropriate Individualized Education Plan and we look forward to proving to the lower courts that the IEP meets the new, higher standard.”

The Colorado Department of Education also released a statement:

“The Colorado Department of Education is firmly committed to providing quality educational opportunities to students with disabilities.  We are pleased to see the that the Supreme Court’s decision seems to give greater clarity by saying an Individualized Education Program  must be ‘reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.’  We also appreciate the Court’s reminder that courts must defer to the expertise and judgment of school officials.”

The department will not take a position when the Tenth Circuit Court retries the case in light of the Supreme Court’s clarification of the legal standard.

Colorado's 2017 General Assembly

Corporal punishment bill goes down in Colorado Senate committee

PHOTO: Alan Petersime

A Republican-controlled state Senate committee Monday killed a bill that would have prohibited corporal punishment in Colorado’s public schools and day care centers that receive state funding.

The Senate Judiciary Committee, on a party-line vote, defeated House Bill 1038, sponsored by state Sen. Rachel Zenzinger, an Arvada Democrat.

Republican members didn’t explain their vote. However, during witness testimony, state Sen. Bob Gardner, a Colorado Springs Republican, suggested school districts were already in front of the issue.

“I’m disappointed, to say the least,” Zenzinger said in a statement.  “This practice has no place in a modern nation that prides itself on decades of advancement in the areas of human rights and racial equality. It’s a black mark on our reputation and really defies logic.”

Sponsors of the bill could not point to a single occurrence of corporal punishment happening in Colorado schools or publicly-funded day care centers today.

During Monday’s committee hearing, State Sen. Daniel Kangan, an Englewood Democrat, recounted his own experience of being beaten at a boarding school in England.

“It remains one of my nightmarish experiences of my youth,” he said. “I can’t imagine how this could be positive in anyway.”

The bill had a rocky roll out in the House. Data that was used as justification for the bill was discredited, and Democrats rejected an amendment that would have acknowledged school district level policy on the matter.

While the bill earned bipartisan support from the House Education Committee, only one Republican voted for the bill on the House floor.