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.

Get moving

Requiring P.E. for Tennessee’s youngest students would help academics, too, advocates say

PHOTO: Alan Petersime

Tom Cronan was a lifelong outdoorsman who was passionate about fitness and its many benefits, both physically and emotionally.

Now, almost a decade after his death at age 64 of pancreatic cancer, a bill in the legislature would honor the East Tennessee educator by requiring that the state’s students spend more time playing sports and exercising during school.

The Tom Cronan Physical Education Act, which unanimously passed the House Instruction and Programs Committee on Tuesday, would serve as a living tribute to the professor emeritus of exercise physiology at Carson-Newman University in Jefferson City.

It also would act on research showing that physical education boosts children’s brain development, helps form lifelong exercise habits and promotes overall health and mental wellbeing.

The bill would require all public elementary school students to participate in a physical education class taught by a P.E. teacher at least two times a week.

Currently, Tennessee requires physical education for its K-8 students, but doesn’t specify how much time students should spend in it.

Cronan’s widow Joan, a former women’s athletics director at the University of Tennessee at Knoxville, testified to lawmakers this year about the potential impact of physical education on student engagement and obesity. P.E. also could give students life skills that translate to academic success, she said.

“The Tom Cronan Physical Education bill could make a difference in people’s lives,” she said.  “We feel like that this discipline will make a difference.”

The bill is sponsored by Roger Kane, a Knoxville Republican, in the House, and Bill Ketron, a Murfreesboro Republican, in the Senate, where it passed the education committee last month. The measure now goes to the finance committees of both chambers.

Though the proposal wouldn’t cost the state extra money, it does come with a collective $253,000 price tag for three smaller school districts  — in Dyer, Hardeman and Carter counties — that would have to hire new teachers to meet the requirement.

The bill isn’t the first to address physical activity in schools, where more rigorous academic standards and preparation for high-stakes testing have challenged educators to strike the right balance.

In 2016, the legislature approved stringent playtime requirements that went into effect last fall. But lawmakers recently voted to roll those back to give educators more flexibility with recess.  But they didn’t scrap the requirements altogether. Under the bill that Gov. Bill Haslam is expected to sign into law, younger students would be required to have at least 130 minutes of recess a week.

Funding fight

Colorado poised to slash funding for controversial student health survey

Two years after a controversial student health survey sparked protracted debate at the State Board of Education, questions about the survey’s value have moved to the state legislature — and could mean a loss of $745,000 in state funding for the biennial data collection effort.

Funding for the Healthy Kids Colorado Survey, which comes primarily from the state’s Marijuana Tax Cash Funds, was not included in the proposed state budget earlier this spring and may not return despite requests by the state health department to restore the money.

The health survey is given to a sample of Colorado middle school and high school students in scores of districts every other year. It asks about topics ranging from nutrition to risky behavior, and proponents say it’s crucial for tracking trends and crafting interventions when trouble spots arise.

In addition to $745,000 in state dollars, the survey is funded with $89,000 in federal money. State health department officials said determining whether the survey could continue in a slimmed-down form if state money is stripped away depends on the federal budget.

“The Healthy Kids Colorado Survey is the only comprehensive survey on the health and well-being of Colorado youth,” Dr. Larry Wolk, executive director and chief medical officer of the Colorado Department of Public Health and Environment, said in a statement. “Without funding, we won’t be able to provide the kind of credible health information schools, community groups and local public health agencies need to improve the health of the young people they serve.”

The state Senate is expected this week to debate the state’s budget. The House will debate the budget after the Senate completes its review.

The health survey became the focus of a debate by the State Board of Education and dueling opinions from the state attorney general’s office in 2015 after some parents raised concerns about the explicit nature of questions on sexual behavior, drugs and suicide.

In addition, critics argued that parents should have to give advance written permission — called active consent — in order for their children to take the survey. Over the survey’s 26-year history, most districts have chosen passive consent, which means students are asked to take the survey unless parents sign a form opting them out.

Ultimately, neither the state board nor State Attorney General Cynthia Coffman mandated substantive changes to the survey or consent rules. State officials emphasized throughout the controversy that the survey is anonymous and voluntary. After the state board uproar over the survey, most districts continued to participate.

On Monday, Rep. Bob Rankin, a Carbondale Republican who helped write the state’s budget, said of the survey, “I think enough of us felt that it was just intrusive. I just don’t think it collects good data.”

Not all on the budget committee agreed.

“I support the survey,” said Rep. Millie Hamner, a Frisco Democrat. “Our school districts rely on that information for other grant programs. It is possible in the budget process we’re able to restore that.”

Chalkbeat Colorado’s deputy bureau chief Nic Garcia contributed to this report.