Arkansas Department of Education Division of Elementary and Secondary Education Update on FY 19 Health Related Legislation

Memo Information

Memo Number
Memo Date
Memo Type
Learning Services
Regulatory Authority
Act 245, 247, 641, 676, 843, and 851 of 2019
Response Required
Superintendents; Assistant Superintendent; Principals; Teachers; Curriculum Coordinators; School Counselors; District Coordinators (ALE; Homeless; ESOL; SDFS & Foster); Parent Involvement Coordinators/Facilitators

Primary Contact Information

Secondary Contact/s Information

Memo Reference

No references available.

Memo Text

The following table includes a description of FY 19 health-related legislation and the impact on school districts in Arkansas. 


FY 19 Health Legislation



Act 245 - Bleeding Control

Act 245 provides for bleeding control training as a component of a health course for high school students, beginning with the 2019-20 school year.

Bleeding control is included in the new academic health standards that may be found on the ADE webpage at

ADE is working with the Arkansas Department of Health (ADH) to develop bleeding control training. All Community Health Nurses (CHN), located in Education Service Cooperatives, have been trained in bleeding control and may act as a resource to school personnel for the implementation of Act 245.

Act 247 - Sunscreen

Act 247 removes the requirement for a school to obtain parental permission for a student to possess and apply topical sunscreen while at school. With parent permission, school personnel may assist a student with the application of sunscreen, but there is no requirement to do so.

Act 641 - Recess

Act 641 increases the required minutes for recess/unstructured play to 40 minutes per day for elementary students and defines recess as part of the instructional day. Supervision of recess is no longer considered a non-instructional duty and does not count towards the maximum of 60 minutes per week for classroom teachers. The appropriate student ratio for the supervision of recess is up to the local school district. School districts may use course code 999020 to indicate recess as part of the instructional day.


Elementary schools that include 5th and 6th grade fall under Act 641 as long as they are utilizing the elementary model as defined in the Class Size and Teaching Load Rules: “the educational model consistent with instructional grouping and scheduling used in grades kindergarten through four, but may include grades five through six”. If the school is functioning as a middle school, the 40 minutes per day for recess is not required. However, all policies for middle school apply to those grades including total teaching load


ADE will revise existing Nutrition and Physical Activity Rules to reflect this legislation.

Act 676 - Immunization Exemptions and Non-compliance for Students Enrolled

Act 676 requires schools to make exemption and non-compliance student immunization information available to the public.

Nurses currently enter this information annually, but it has not been publicly reported. ADE will include an immunization report on My School Info, to include the number and percent of students with exemptions and the number and percent of students not fulfilling the immunization requirement, by school/district level. This will meet the reporting requirement of Act 676.

Act 843 - Scoliosis Screening

Act 843 transitions the administrative responsibility for scoliosis screening from the ADH State Board of Health to the ADE.

ADE will work with ADH to promulgate rules for scoliosis screening, but the screening process itself should not change.

Act 851 - Asthma, Epinephrine Auto-injector

Act 851 authorizes schools to acquire and stock epinephrine and albuterol and provides for a school employee to hold a certificate or agreement with the prescribing physician to administer epinephrine or albuterol in the event of an emergency without liability.

ADE will work in collaboration with the State Board of Nursing to update the School Nurse Guidelines and with the Arkansas School Boards Association to update model policy. Additionally, ADE will partner with ADH, the State Board of Nursing, and the Arkansas Pharmacy Board to develop guidelines to be placed on the ADE School Nursing website.


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