Professional Standards for State and Local School Nutrition Programs Personnel as Required by the Healthy, Hunger-Free Kids Act of 2010, 6488-6504 [2014-02278]
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Proposed Rules
Federal Register
Vol. 79, No. 23
Tuesday, February 4, 2014
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
[FNS–2011–0030]
7 CFR Parts 210 and 235
RIN 0584–AE19
Professional Standards for State and
Local School Nutrition Programs
Personnel as Required by the Healthy,
Hunger-Free Kids Act of 2010
Food and Nutrition Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
establish minimum professional
standards for school nutrition personnel
who manage and operate the National
School Lunch and School Breakfast
Programs. The proposed rule would also
institute hiring standards for the
selection of State and local school
nutrition program directors; and require
all personnel in these programs to
complete annual continuing education/
training. These proposed changes
respond to amendments made by
section 306 of the Healthy, Hunger-Free
Kids Act of 2010 (HHFKA), which
require USDA to establish professional
standards for school nutrition
personnel. The HHFKA also requires
each State to provide at least annual
training to local educational agency and
school nutrition personnel. This
proposed rule is expected to provide
consistent, national standards for school
nutrition professionals and staff. The
principal benefit of this proposed rule is
to ensure that key school nutrition
personnel are meeting minimum
professional standards in order to
adequately perform the duties and
responsibilities of their positions.
DATES: To be assured of consideration,
written comments on this proposed rule
must be received by the Food and
Nutrition Service on or before April 7,
2014.
ADDRESSES: The Food and Nutrition
Service, USDA, invites interested
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SUMMARY:
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persons to submit written comments on
this proposed rule. Comments must be
submitted through one of the following
methods:
• Preferred method: Federal
eRulemaking Portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Comments should be
addressed to Julie Brewer, Chief, Policy
and Program Development Branch,
Child Nutrition Division, Food and
Nutrition Service, Department of
Agriculture, P.O. Box 66874, Saint
Louis, MO, 63166.
All comments submitted in response
to this proposed rule will be included
in the record and will be made available
to the public. Duplicate comments are
not considered. Therefore, we request
that commenters submit comments
through only one of the methods listed
above. Please be advised that the
substance of the comments and the
identity of the individuals or entities
submitting the comments will be subject
to public disclosure. FNS will make the
comments publicly available on the
Internet via https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Sara
Olson, Policy and Program Development
Branch, Child Nutrition Division, Food
and Nutrition Service at (703) 305–2590.
SUPPLEMENTARY INFORMATION:
I. Background
Section 306 of the Healthy, HungerFree Kids Act of 2010, Public Law 111–
296 (HHFKA) amended section 7 of the
Child Nutrition Act of 1966 (CNA) (42
U.S.C. 1776) by adding paragraph (g),
‘‘Professional Standards for School Food
Service.’’ This rule proposes to amend
7 CFR part 210, the regulations
governing the National School Lunch
Program, and 7 CFR part 235, the
regulations governing State
Administrative Expense Funds,
consistent with amendments made to
the CNA by the HHFKA.
Section 306 directs the Secretary to:
• Establish a program of mandatory
education, training, and certification for
all school nutrition directors
responsible for the management of a
school food authority. The program
must include minimum educational and
periodic training requirements
necessary to successfully manage the
school meals programs.
• Require that each local educational
agency or school food authority ensure
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that local nutrition personnel complete
annual training and receive annual
certification (as specified by the
Secretary) to demonstrate competence
in the areas covered by the training,
including ensuring individuals
conducting or overseeing administrative
procedures receive training at intervals
defined by the Secretary.
• Establish criteria and standards for
States to use in the selection of State
agency directors with responsibility for
the National School Lunch Program
(NSLP) and the School Breakfast
Program (SBP).
• Require each State to provide at
least annual training in administrative
practices to local educational agency
and school nutrition personnel.
In developing this proposal, USDA
considered input from a variety of
sources. First, in November 2011, FNS
conducted a session at the State Agency
Meeting for State Child Nutrition
Directors and their staff members. FNS
explained the requirements of the
HHFKA and solicited feedback from the
audience. The participants brought up a
number of general issues for USDA to
consider, including grandfathering (the
practice of exempting existing personnel
from the new requirements), monitoring
by State agencies, and how the new
requirements would relate to existing
State and local standards.
On March 13–14, 2012, in an effort to
obtain additional information from
those who would be directly impacted
by the HHFKA amendments, FNS held
a two-day listening session attended by
approximately 60 invited stakeholders,
representing a variety of State agencies,
local educational agencies (both large
and small), professional associations
and other constituencies concerned
with child nutrition. Through small
group activities, breakout sessions and
full group discussions, stakeholders
provided suggestions for USDA to
consider when proposing standards for
required and preferred professional
standards. Participants also offered
input on use of resources to successfully
implement national standards, as well
as how to overcome potential barriers/
challenges in implementation.
As follow-up to the March session,
interested participants volunteered to
continue to provide input via
conference calls. Participants on the
calls continued to include State and
district directors, professional
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organizations, and USDA staff. Calls
focused on three topics: criteria and
standards for hiring State agency
directors; minimum education and
training requirements for school
nutrition directors; and training
requirements for school nutrition
managers and other staff. FNS
conducted the conference calls in the
five months following the listening
session.
FNS also offered sessions describing
Section 306 of HHFKA at the School
Nutrition Association’s Annual National
Conference in July 2012 and July 2013,
and received comments and feedback
from attendees. The audience,—which
consisted of State agency directors and
staff, school nutrition directors,
managers and other personnel,—
provided significant input on proposed
school nutrition program professional
standards.
II. Overview of the Proposed Rule
This rule proposes to establish the
criteria and procedures for
implementing the provisions in section
7(g) of the CNA (42 U.S.C. 1776 (g)). The
proposed rule would amend 7 CFR part
210 by redesignating §§ 210.30 and
210.31 as §§ 210.31 and 210.32,
respectively. A new § 210.30, School
nutrition program professional
standards, would be added, as would
new definitions in § 210.2. The
proposed rule would also amend 7 CFR
part 210 by revising §§ 210.15, 210.18,
210.20, and 210.32 (as redesignated).
The proposed rule would amend 7 CFR
part 235 by revising §§ 235.4, 235.6,
235.11, and 235.12. No administrative
reporting burden is associated with this
proposed rule.
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Use of Terms
To ensure a consistent understanding
of this rulemaking, the use of terms is
discussed below.
The HHFKA uses the term ‘‘local
educational agency’’ when describing
the local entity responsible for
compliance with school nutrition
program professional standards. The
local educational agency, as the
authority responsible for the
administrative control of public or
private nonprofit educational
institutions within a defined area of the
state, has responsibilities beyond school
nutrition programs. Accordingly, for
purposes of this proposed regulation,
the requirements will refer to and apply
to the school food authority (SFA),
which is the governing body that has the
legal authority to operate the school
meal programs. The term ‘‘local
educational agency’’ will be used to
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define requirements that vary by size of
student enrollment.
State directors of school nutrition
programs include those individuals at
the State agency level with
responsibility for oversight of the NSLP
and SBP. State directors of distributing
agencies include those individuals at
the State agency level with
responsibility for the distribution of
USDA Foods in schools under 7 CFR
part 250. The Department recognizes
that these roles may rest with one
individual in some states.
School nutrition program directors are
those local individuals directly
responsible for the management of the
day-to-day operations of school
nutrition programs for all participating
schools under the jurisdiction of the
school food authority. School nutrition
program managers are those individuals
directly responsible for the management
of the day-to-day operations of school
nutrition programs for a participating
school(s). School nutrition program staff
are those individuals without
managerial responsibilities who are
involved in routine operations of school
nutrition programs for a participating
school(s). This may include, for
example, those individuals who prepare
and serve meals, process transactions at
the point of service, and review free/
reduced price applications. These
definitions as described above are
applicable whether or not an SFA is
operated by a food service management
company. The proposed rule would
define the terms school nutrition
directors, managers and staff in
proposed § 210.2. If an individual
possesses responsibilities for more than
one of these positions, the higher level
position requirements will apply. For
instance, an individual fulfilling the
roles of both director and manager
would be required to meet the proposed
requirements for school nutrition
directors.
Minimum Standards
The professional standards proposed
in this rulemaking represent minimum
standards that State agencies, school
food authorities and local school
nutrition personnel would be required
to meet. For example, if the proposed
minimum requirement is a bachelors
degree in specific fields, a candidate
with a master’s degree or higher in those
fields would meet and exceed the
minimum proposed requirement.
Therefore, the candidate would be
eligible for hire. State agencies and/or
school food authorities would have the
discretion to establish their own
professional standards should they wish
to do so, as long as such standards are
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not inconsistent with the minimum
standards established by FNS. For
instance, a State may choose to consider
additional factors, such as State
certificates, as an aspect of the required
professional standards criteria.
School Nutrition Program Professional
Standards for School Nutrition
Program Directors, School Nutrition
Program Managers and Staff
School Nutrition Program Directors
Hiring Standards
Section 7(g)(1)(A) of the CNA, now
requires the Secretary to establish a
program of required education, training
and certification for directors, including
the minimum educational requirements
necessary to successfully manage the
NSLP and SBP.
Proposed § 210.30(b)(1) would require
that beginning July 1, 2015, all school
nutrition program directors hired must
meet minimum educational
requirements. FNS has categorized the
minimum educational requirements into
four distinct local educational agency
(LEA) sizes, based on student
enrollment (LEAs with 2,499 students or
less, between 2,500 and 9,999 students,
between 10,000 and 24,999 students,
and LEAs with 25,000 or more
students). This is in recognition of the
fact that as LEA size increases, the level
of responsibility and complexity of the
food service system also increases and
necessitates a higher minimum
educational level. Some level of prior
relevant school nutrition program
experience is also proposed to be
required in conjunction with the
educational requirements for the two
smaller LEA sizes.
At all LEA sizes, if a new director has
attained a bachelor’s degree or higher
(in an academic major or area of
concentration as described further
below), no prior experience would be
required. This is in consideration of the
possibility that some well-qualified
directors may accept a director position
shortly following college graduation.
However, the proposed rule strongly
encourages school food authorities to
seek individuals with at least one year
of management experience, preferably
in school nutrition programs, at all LEA
sizes.
While the intent of this proposed
regulation is to set a minimum level of
expertise in key school nutrition
program positions, we recognize that
expectations must be reasonable and
achievable, particularly in rural or small
LEAs. This concern was expressed
repeatedly by stakeholders who
provided input at the public forums
described earlier in this preamble.
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Accordingly, this rule proposes several
different pathways for a candidate to
meet the educational requirement for all
LEAs and seeks comments on these
proposed approaches as well as
appropriate alternatives.
Additionally, current directors
indicated that some directors may have
responsibility for more than one small
school food authority. One potential
solution for ensuring that school food
authorities with director position
openings meet the proposed hiring
standards is to select an individual that
will oversee more than one school food
authority. However, if a director is
responsible for multiple school food
authorities, he/she would be required to
comply with the educational standards
for the total enrollment of the LEAs he
or she oversees (e.g., for three LEAs with
4,000 students each, for a total
enrollment of 12,000, the school
nutrition program director must meet
the proposed educational criteria for the
10,000–24,999 student category). In this
proposed rule, ‘‘hire date’’ is defined as
the official date listed on hiring
paperwork. It may or may not be
equivalent to an employee’s start date.
School Nutrition Program Directors
With LEA Enrollment of 2,499 Students
or Fewer
The proposed standards for this LEA
size are based on information from the
public forums, as well as by the most
recent results from the fourth School
Nutrition Dietary Assessment Study
(SNDA–IV), conducted during School
Year 2011–12. According to this survey,
34 percent of current directors in LEAs
of this size possess an associate’s degree
or higher. An additional 27 percent have
completed some college without a
degree; however 27 percent only possess
a high school diploma. As noted above,
this helped inform the decisions to both
apply the educational standards to new
directors only, as well as propose
alternate pathways for hiring of
directors in LEAs of this size. This is
intended to assist LEAs of very small
size in achieving compliance with the
proposed standards.
Under proposed § 210.30(b)(1)(i),
school nutrition program directors with
an LEA enrollment of 2,499 students or
fewer would be required to possess one
of the following at the time of hiring:
• A bachelor’s degree, or equivalent
educational experience, with an
academic major or area of concentration
in food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, business, or a related field;
• A bachelor’s degree, or equivalent
educational experience, in any
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academic major or area of concentration
and a State-recognized certificate in
food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, or business (additional
information on this educational
attainment option will be further
clarified in guidance);
• An associate’s degree, or equivalent
educational experience, with an
academic major or area of concentration
in food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, business, or a related field;
and at least one year of relevant school
nutrition program experience; or
• A high school diploma or
equivalency (such as the general
educational development diploma), and
at least five years of relevant school
nutrition program experience.
For this LEA size, and particularly in
rural areas, it is suggested and
encouraged that if directors are hired
without an associate’s degree, that the
school food authority and/or the State
agency train these directors and
encourage them to attain this degree
within five years—even if the manager
has five or more years of experience.
This is intended to bolster the credential
levels of school nutrition program
directors and enhance their practical
experience with training and formal
academic instruction.
School Nutrition Program Directors
With LEA Enrollment of 2,500 to 9,999
Students
According to SNDA–IV data on
educational attainment for directors in
LEAs with an enrollment of 2,500 to
9,999 students, nearly 70 percent of
current directors have an associate’s,
bachelor’s or graduate degree, and
another 22 percent have some college.
Therefore, only 8 percent of current
directors possess only a high school
diploma.
Proposed § 210.30(b)(1)(ii) would
require that new directors in this LEA
size possess one of the following at the
time of hiring:
• A bachelor’s degree, or equivalent
educational experience, with an
academic major or area of concentration
in food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, business, or a related field;
• A bachelor’s degree, or equivalent
educational experience, with any
academic major or area of concentration,
and a State-recognized certificate in
food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
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culinary arts, or business (additional
information on this educational
attainment option will be further
clarified in guidance);
• An associate’s degree, or equivalent
educational experience, with an
academic major or area of concentration
in food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, business, or a related field;
and at least one year of relevant school
nutrition program experience.
School food authorities would be
strongly encouraged to seek out
individuals who possess a bachelor’s
degree or higher in the fields described
above or individuals who are interested
in pursuing a bachelor’s degree posthire, in addition to at least one year of
relevant school nutrition program
experience.
School Nutrition Program Directors
With LEA Enrollment of 10,000 to
24,999 Students
According to SNDA–IV data on
educational attainment for directors in
LEAs with an enrollment of 10,000 to
24,999 students, nearly 85 percent of
current directors have a bachelor’s or
graduate degree.
Due to the increasing demands of a
position in a LEA of this size, yet in
recognition of the diversity of
backgrounds that provide sufficient
expertise for the director position,
proposed § 210.30(b)(1)(iii) would
require that new directors possess one
of the following at the time of hiring:
• A bachelor’s degree, or equivalent
educational experience, with an
academic major or area of concentration
in food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, business, or a related field;
or
• A bachelor’s degree, or equivalent
educational experience, with any
academic major or area of concentration,
and a State-recognized certificate in
food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, or business. Additional
information on this educational
attainment option will be further
clarified in guidance.
School food authorities would be
strongly encouraged to seek out
individuals who possess or are willing
to work toward a master’s degree with
an academic major or area of
concentration in fields noted
previously. Additionally, at least one
year of management experience,
preferably in school nutrition, would be
strongly recommended.
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In order to better ensure that directors
at this level, regardless of which
academic degree they have attained, are
adequately educated in the key areas of
food service management and nutrition,
school food authorities would also be
encouraged to seek individuals
possessing at least three credit hours at
the university level in food service
management and at least three credit
hours in nutritional sciences at the time
of hire.
School Nutrition Program Directors
With LEA Enrollment of 25,000 or More
Students
According to SNDA–IV data on
educational attainment for directors in
LEAs with an enrollment of 25,000 or
more students, nearly 80 percent of
current directors possess either a
bachelor’s or graduate degree.
USDA considered several
combinations of academic degrees,
credentialing and work experience for
directors in LEAs with an enrollment of
25,000 or more students. Ultimately,
USDA determined that for a director
with the level of financial responsibility
required for a LEA of this size, the
director must have a strong educational
background. Thus, the proposed rule at
§ 210.30(b)(1)(iv) would require that
new directors possess one of the
following:
• A bachelor’s degree, or equivalent
educational experience, with an
academic major or area of concentration
in food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, business, or a related field;
• A bachelor’s degree, or equivalent
educational experience, with any
academic major or area of concentration,
and a State-recognized certificate in
food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, or business (additional
information on this educational
attainment option will be further
clarified in guidance); or
• A master’s degree, or willingness to
work towards a master’s degree (in an
academic major or area of concentration
as described above), would be strongly
preferred. While no prior level of
experience would be required, the
proposed rule strongly encourages
school food authorities to seek
individuals with at least one year of
management experience, preferably in
school nutrition programs.
As with the criteria for directors in
LEAs with enrollments of 10,000 to
24,999 students, school food authorities
would also be encouraged to seek
individuals possessing at least three
credit hours at the university level in
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food service management and at least
three credit hours in nutritional
sciences.
School Nutrition Program Directors of
All LEA Sizes
Given the vulnerable population
served by the school nutrition programs,
USDA believes knowledge of food safety
is essential to providing healthful and
safe school meals. The proposed rule at
§ 210.30(b)(1)(v) would require all new
directors, regardless of LEA size, to
possess at least eight hours of food
safety training within three years prior
to their starting date or complete such
training within 30 calendar days of the
employee’s starting date. A new director
may satisfy this training requirement by
providing documentation of training
that was completed either during a past
position or through a food safety course
or certificate program. Since the
requirements set forth in this proposed
rule are minimum standards, acceptable
time frames for prior training may vary
dependent upon State and/or local
health department rules and regulations.
New hires must provide sufficient
documentation of any prior training.
The following chart summarizes the
written requirements stated above for
school nutrition program directors,
broken down by each of the four LEA
sizes:
SUMMARY OF SCHOOL NUTRITION PROGRAM DIRECTOR PROPOSED PROFESSIONAL STANDARDS BY LOCAL EDUCATIONAL
AGENCY SIZE
Student enrollment 2,499
or less
Student enrollment 2,500–
9,999
Student enrollment
10,000–24,999
Student enrollment 25,000
or more
Minimum Education Standards (required) (new directors only).
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Minimum requirements for
directors
Bachelor’s degree, or
equivalent educational
experience, with academic major or concentration in food and
nutrition, food service
management, dietetics,
family and consumer
sciences, nutrition education, culinary arts,
business, or a related
field. OR.
Bachelor’s degree, or
equivalent educational
experience, with any
academic major or area
of concentration, and a
State-recognized certificate in food and nutrition, food service management, dietetics, family and consumer
sciences, nutrition education, culinary arts, or
business; OR.
Bachelor’s degree, or
equivalent educational
experience, with academic major or concentration in food and
nutrition, food service
management, dietetics,
family and consumer
sciences, nutrition education, culinary arts,
business, or a related
field; OR.
Bachelor’s degree, or
equivalent educational
experience, with any
academic major or area
of concentration, and a
State-recognized certificate in food and nutrition, food service management, dietetics, family and consumer
sciences, nutrition education, culinary arts, or
business; OR.
Bachelor’s degree, or
equivalent educational
experience, with academic major or concentration in food and
nutrition, food service
management, dietetics,
family and consumer
sciences, nutrition education, culinary arts,
business, or a related
field; OR.
Bachelor’s degree, or
equivalent educational
experience, with any
academic major or area
of concentration, and a
State-recognized certificate in food and nutrition, food service management, dietetics, family and consumer
sciences, nutrition education, culinary arts, or
business.
Same requirements as for
10,000–24,999.
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SUMMARY OF SCHOOL NUTRITION PROGRAM DIRECTOR PROPOSED PROFESSIONAL STANDARDS BY LOCAL EDUCATIONAL
AGENCY SIZE—Continued
Minimum requirements for
directors
Student enrollment 2,500–
9,999
Associate’s degree, or
equivalent educational
experience, with academic major or concentration in food and
nutrition, food service
management, dietetics,
family and consumer
sciences, nutrition education, culinary arts,
business, or a related
field; and at least one
year of relevant school
nutrition programs experience; OR
High school diploma (or
GED) and 5 years of relevant experience in
school nutrition programs.
Directors hired without an
associate’s degree are
strongly encouraged to
work toward attaining
associate’s degree upon
hiring.
Associate’s degree, or
equivalent educational
experience, with academic major or concentration in food and
nutrition, food service
management, dietetics,
family and consumer
sciences, nutrition education, culinary arts,
business, or a related
field; and at least one
year of relevant school
nutrition programs experience.
Directors hired without a
bachelor’s degree
strongly encouraged to
work toward attaining
bachelor’s degree upon
hiring.
Student enrollment
10,000–24,999
Student enrollment 25,000
or more
Master’s degree, or willingness to work toward
master’s degree, preferred.
Master’s degree, or willingness to work toward
master’s degree, preferred.
At least one year of management experience,
preferably in school nutrition, strongly recommended.
Minimum Education Standards (preferred) (new directors only).
Student enrollment 2,499
or less
At least one year of management experience,
preferably in school nutrition, strongly recommended.
At least 3 credit hours at
the university level in
food service management plus at least 3
credit hours in nutritional
sciences at time of hiring strongly preferred.
At least 3 credit hours at
the university level in
food service management plus at least 3
credit hours in nutritional
sciences at time of hiring strongly preferred.
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Minimum Prior Training
Standards (required)
(new directors only).
At least 8 hours of food safety training is required either 3 years prior to their starting date or completed within 30
days of employee’s starting date.
General Training/Education
Requirements for Directors, Managers
and Staff
Section 7(g)(2) of the CNA, now
requires the establishment of training
and certification for school food service
personnel. Stakeholders provided input
on criteria for continuing education/
training, as well as related issues such
as funding, ensuring access for all
employees to training opportunities,
and supervisor tracking and verifying
that such training was completed by
staff. Primary themes were the
importance of providing multiple paths,
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methods, and technologies for meeting
training requirements; the importance of
validating the existing training programs
for this purpose; and ensuring that cost,
distance, and limited computer access
do not present significant barriers to
those needing training.
Stakeholders also expressed concerns
that FNS would be establishing a
certification or credentialing system,
which is a more structured program that
typically requires a credentialing exam
and leads to an official credential. FNS
has no intention of creating any type of
credentialing system. While currently in
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the early stages of planning and
development, FNS intends to instead
create a certificate program to
acknowledge varying levels of training
completed that will align with the
minimum required annual continuing
education/training requirements
proposed in this regulation. This type of
program would be more loosely
structured, and instead would only
consist of recognition for various levels
of training. Some certificate levels
would therefore be readily obtained by
meeting the minimum annual training
requirements for school nutrition
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program staff, managers, and directors
(e.g.. one level of recognition once 15
cumulative training hours have been
completed, potentially over several
years; and a second level of recognition
after at least 30 hours of cumulative
training completed).
Such a tiered approach would
acknowledge those employees who meet
annual minimum training as well as
more formally recognize those
employees who choose to increase their
knowledge and expertise beyond what
is required for their positions. This
could provide an opportunity for school
nutrition program staff, at all levels, to
work toward and achieve increased
professional competency without
enrollment in a formal degree program.
FNS recognizes that some States have
already developed their own State
certificate programs, as well. While a
State certificate alone would not replace
the planned FNS certificate program
discussed above, annual continuing
education/training hours obtained for
the purposes of a State certificate would
be allowed to count toward training
required for the FNS certificate program.
The FNS certificate program would
consist of four core areas: Nutrition,
operations, administration, and
communications/marketing. These core
areas would include specific topics as
required by Section 7(g)(1)(A) of the
CNA. Additional training topics would
be contingent upon position title and/or
job function. For instance, those in a
director position may need to receive
additional training in: Menu planning;
standard operating procedures for
ordering; receiving and storage;
purchasing procedures; compliance
with accommodating children with
special dietary needs; communications
with State agencies and district
authorities; the efficient and effective
use of USDA foods; and emergency
management. Similarly, individuals
who work as cooks/servers in a food
service area may need to receive
training specifically in receiving and
storage, point of service cashiering, food
production, and serving food. It is
anticipated that all school nutrition
programs staff positions that involve the
handling of food would receive food
safety training.
Section 7(g)(1)(C) of the CNA,
authorizes USDA to provide financial
and other assistance to one or more
professional food service management
organizations to assist with the
development and management of
training and certification. FNS is
currently exploring additional and
ongoing collaboration with partners
such as the National Food Service
Management Institute (NFSMI) to offer
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nationwide training opportunities. It is
FNS’ intent that continuing education/
training would be undertaken in a
variety of formats, including both
virtual/web-based and in-person
sessions. Further, such training shall
include free or low-cost options for
States and school food authorities.
Training would also be accepted from
a wide variety of other sources. Training
provided by FNS, NFSMI, commercial
vendors, academic institutions,
professional associations, or provided
in-house by the State or LEA are
examples of some potentially acceptable
sources. As noted above, training could
be conducted both online (webinars,
interactive online sessions, etc) and inperson (public speakers, in-service
trainings, attendance at a class or
seminar). Additionally, training
conducted by a director or manager for
his/her staff would be creditable toward
part of his/her own annual education/
training requirement. The flexibility
offered to directors at the local level to
count training conducted toward their
annual training requirement is in
recognition of limited resources and
time at the local level, as well as
overlapping training needs for directors,
managers and staff. Therefore, School
Nutrition Program directors would gain
knowledge and insight necessary for
their positions as they prepare for and
conduct trainings for staff.
Minimum Required Annual Continuing
Education/Training for School Nutrition
Program Directors
Section 7(g)(1)(A) of the CNA requires
training and certification for all school
nutrition program directors.
Stakeholders participating as noted
above, universally agreed that it is
critical for school nutrition program
directors to continue to engage in
education and training beyond their first
year of employment, in order to be
informed of the most current practices
and regulations, enhance skills, and
refresh an existing knowledge base.
The proposed § 210.30(b)(3) would
require that each school year beginning
with the first year of hire or July 1, 2015,
whichever is later, each school nutrition
program director complete at least 15
hours of annual continuing education/
training in topics including
administrative practices (including
training in application, certification,
verification, meal counting, and meal
claiming procedures) and any other
topics determined by FNS. This
required continuing education/training
is in addition to the food safety training,
required in the first year of employment
only, described above.
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Proposed Continuing Education/
Training Standards for School Nutrition
Program Managers
Section 7(g)(2)(A) of the CNA, as
amended, requires that each school food
authority must ensure that an individual
conducting or overseeing administrative
procedures receives training annually,
unless determined otherwise by the
Secretary. School nutrition program
managers include those individuals
directly responsible for the management
of the day-to-day operations of school
food service for a participating
school(s). This same definition is
applicable whether or not an SFA is
operated by a food service management
company.
Therefore, proposed § 210.30(c)
would require that each school year
beginning with the first year of hire,
each school nutrition program manager
complete at least 12 hours of annual
continuing education/training, or as
otherwise specified by FNS. Continuing
education would include topics such as:
Administrative practices (including
training in application, certification,
verification, meal counting, and meal
claiming procedures); the identification
of reimbursable meals at the point of
service, nutrition, health and safety
standards; and other topics, as specified
by FNS.
Proposed Continuing Education/
Training Standards for School Nutrition
Program Staff
Section 7(g)(2)(B) of the CNA imposes
requirements for local nutrition
personnel to complete annual training/
certification to demonstrate competence
in the areas covered by the training.
Proposed § 210.30(d) would require
that, for each school year, school
nutrition program staff (other than the
director and managers) who work an
average of at least 20 hours per week,
complete at least eight hours of
continuing education/training
applicable to their job. Continuing
education would include topics such as:
Free and reduced price eligibility;
application, certification, and
verification procedures; the
identification of reimbursable meals at
the point of service; nutrition, health
and safety standards; and other topics,
as specified by FNS.
FNS recognizes that many school
nutrition programs staff may work parttime. Staff that work an average of 20
hours or more per week are involved in
food service area activities at a
substantial enough level to require a
minimum of 8 hours of annual
education/training. However, we
recognize that this much training may
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be burdensome for staff working fewer
than 20 hours, on average, per week.
While we strongly encourage all staff,
whether part-time or full time, to
receive a minimum of 8 hours of annual
continuing education/training, the
required training hours for staff working
an average of less than 20 hours per
week should be proportional to the
number of hours worked. FNS seeks
comments that specifically pertain to
requirements for part time staff.
SUMMARY OF PROPOSED REQUIRED MINIMUM TRAINING/EDUCATION STANDARDS, FOR ALL LEA SIZES
New and Current Directors ......................................................
New and Current Managers .....................................................
tkelley on DSK3SPTVN1PROD with PROPOSALS
New and Current Staff (other than the director and managers) that work an average of at least 20 hours per week.
Use of School Nutrition Program Funds
for Training Costs
Providing training to school nutrition
program staff is an allowable use of the
nonprofit school food service account.
Proposed § 210.30(f) would require that
any costs associated with training be
reasonable, allocable, and necessary in
accordance with the cost principles set
forth in 2 CFR part 225, Cost Principles
for State, Local, and Indian Tribal
Governments (OMB Circular A–87).
However, the proposed rule would
specifically exclude as an allowable
cost, any costs incurred by an
individual to meet the educational
criteria necessary to be hired as a new
school nutrition program director, as
proposed in § 210.30(b)(1). For example,
the school food authority cannot use
nonprofit school food service account
funds to pay the costs of an existing
employee to take college-level classes.
Proposed § 210.30(f) would also
exclude as an allowable cost any cost
associated with obtaining college
credits. This does not preclude
obtaining training hours through a
college or university; however, the
earning of college credits is not
considered a reasonable and necessary
expense for these proposed professional
standards and thus cannot be funded
with nonprofit school food service
account dollars.
FNS, in cooperation with other
organizations and entities, intends to
provide education/training to meet the
needs of most of the proposed training
requirements. We are confident that
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Each year, at least 15 hours of annual continuing education/training.
Includes topics such as:
• administrative practices (including training in application, certification,
verification, meal counting, and meal claiming procedures).
• any other appropriate topics as determined by FNS.
This required continuing education/training is in addition to the food safety training required in the first year of employment.
Each year, at least 12 hours of annual continuing education/training.
Includes topics such as:
• administrative practices (including training in application, certification,
verification, meal counting, and meal claiming procedures).
• the identification of reimbursable meals at the point of service.
• nutrition, health and safety standards
• other topics, as specified by FNS
Each year, at least 8 hours of annual continuing education/training.
Includes topics such as:
• free and reduced price eligibility.
• application, certification, and verification procedures.
• the identification of reimbursable meals at the point of service.
• nutrition, health and safety standards.
• other topics, as specified by FNS.
State agencies and school food
authorities will also be offering training
opportunities; therefore, there will be a
limited need to seek additional outside
sources for education/training.
School Food Authority Oversight
Proposed § 210.30(g) would require
each school food authority to maintain
a recordkeeping system that annually
documents compliance with the
professional standard requirements for
all school nutrition program employees.
Documentation must be adequate to
support to the State’s satisfaction during
administrative reviews, that employees
are meeting the minimum professional
standards. At a minimum, the school
food authority would review employee
education/training progress periodically
throughout the year and certify
employee compliance no later than the
end of each school year. FNS
encourages school food authorities to
review and certify employee education/
training on a more frequent basis. FNS
expects to provide prototype tools that
will assist school food authorities in
maintaining this recordkeeping system.
Current regulations at § 210.15,
Reporting and recordkeeping,
summarize school food authority
reporting and recordkeeping
requirements. In order to participate in
the NSLP and SBP, a school food
authority must maintain records to
demonstrate compliance with Program
requirements. This proposed rule would
add professional standards
recordkeeping requirements to the
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recordkeeping summary set forth in
paragraph (b) of this section.
Program regulations at § 210.18,
Administrative review, requires State
agencies to conduct administrative
reviews of school food authorities once
every three years. The administrative
review covers critical and general areas
of review. This proposed rule would
amend § 210.18(h) to add professional
standards to the general areas scope of
review. Specifically, the State agency
would be required to ensure that the
school food authority complies with the
professional standards for school
nutrition program directors, managers
and personnel established in § 210.30.
School Nutrition Program Professional
Standards (State Directors)
Section 7(g)(1)(b) of the CNA, now
requires the Secretary to establish
criteria and standards for States to use
in the selection of State agency directors
with responsibility for the NSLP and the
SBP. Therefore, this proposed rule
would amend 7 CFR part 235, State
administrative expense funds.
Proposed § 235.11(b)(2)(vi) would
require that State agencies meet the
professional standards and criteria
described below under Hiring Standards
for State Directors of School Nutrition.
This proposed rule would establish
criteria and standards for the hiring of
individuals as State agency directors
and would therefore apply only to those
State agency directors hired after July 1,
2015. Incumbents would not be affected.
However, annual continuing education/
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training is proposed to apply to all
current and new State directors of
school nutrition, as well as State
directors of distributing agencies.
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Hiring Standards for State Directors of
School Nutrition
Proposed § 235.11(g)(1) would require
that beginning July 1, 2015, all new
State directors of school nutrition
(commonly referred to as State Child
Nutrition Directors) with responsibility
for the administration of the NSLP and
SBP must meet minimum hiring
standards.
Under proposed § 235.11(g)(1)(i), new
hires would be required to possess a
bachelor’s degree with an academic
major in areas including food and
nutrition, food service management,
dietetics, family and consumer sciences,
nutrition education, culinary arts,
business, or a related field.
Proposed § 235.11(g)(1)(ii) would
require new directors to possess
extensive relevant knowledge and
experience in areas such as institutional
food service operations, management,
business, and/or nutrition education.
FNS highly recommends that State
directors of school nutrition programs
have experience in three or more of
these four areas. FNS anticipates
offering additional guidance to assist
hiring authorities in ensuring that
candidates possess an adequate level of
expertise in these areas.
Proposed § 235.11(g)(1)(iii) would
require new directors to possess
additional abilities and skills needed to
lead, manage and supervise people to
support the mission of school nutrition
programs. More specifically, directors
should be able to: work with team
members to set, prioritize, and achieve
objectives; guide the resolution of
problems; make decisions analytically
and strategically; speak and write
clearly, concisely, and persuasively;
communicate effectively with
individuals and groups; analyze
complex data and situations; interpret
Federal and State regulations and
establish policies and procedures to
effectively implement them statewide;
manage child nutrition administrative
budget and plans; develop and make
presentations; plan and organize work
assignments for oneself and others
including program compliance
requirements; practice efficient selfmanagement techniques; work
effectively in a team environment and
with all levels of employees in an
organization; build positive internal and
external working relationships; and use
word processing, power point and
similar software.
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Proposed § 235.11(g)(1)(iv) identifies
several criteria that are strongly
preferred, but not required. This is in
recognition of the fact that USDA is
setting only minimum professional
standards; however additional
requirements are desirable and are
suggested for consideration. For
example, this proposed regulation
recommends that new hires possess a
master’s degree with an academic major
in the areas discussed above; at least
five years of experience leading people
in successfully accomplishing major
multi-faceted projects related to child
nutrition and/or institutional
foodservice management; and
professional certification (such as SNS,
RD, etc.) in food and nutrition, food
service management, school business
management, or a related field as
determined by FNS.
Hiring Standards for State Directors of
Distributing Agencies
USDA has discretion under section
7(g) of the CNA as amended, to apply
professional standards requirements to
State directors of distributing agencies
responsible for overseeing State food
distribution activities authorized under
7 CFR part 250. The application of such
standards is intended to ensure that
State directors maintain a minimum
required skill level to effectively
distribute and utilize USDA food
products in school nutrition programs.
Such skills are necessary in order to
manage and integrate this significant
portion of Child Nutrition assistance.
Recent changes to the school meal
nutrition standards require support and
expertise from State directors to ensure
that food provided to SFAs
complements the more in-depth meal
pattern requirements (e.g. whole grainrich products, vegetable subgroups,
etc.).
Therefore, proposed § 235.11(g)(2)
would require that beginning July 1,
2015, all new State agency directors
with responsibility for the distribution
of USDA donated foods in 7 CFR part
250 must meet minimum hiring
standards. This would apply to all new
State directors of distributing agencies,
regardless of whether or not the director
also has responsibility for the State
school nutrition programs.
Under proposed § 235.11(g)(2)(i), new
State agency directors would be
required to possess a bachelor’s degree
with an academic major in any area.
Recognizing that the responsibilities of
State directors of distributing agencies
are more variable than those of directors
responsible for school nutrition
programs, specific academic majors are
not required, therefore, education
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attained in a variety of fields is
acceptable for this position.
Proposed § 235.11(g)(2)(ii) would
require new directors to possess
extensive relevant knowledge and
experience in areas such as institutional
food service operations, management,
business, and/or nutrition education.
However, unlike the standards for
directors of school nutrition, FNS is not
recommending that directors of
distributing agencies have experience in
a specific number of these areas.
Proposed § 235.11(g)(2)(iii) would
require new directors to possess
additional abilities and skills needed to
lead, manage and supervise people to
support the mission of school nutrition
programs. More specifically, directors
should be able to: work with team
members to set, prioritize and achieve
objectives; guide the resolution of
problems; make decisions analytically
and strategically; speak and write
clearly, concisely and persuasively;
communicate effectively with
individuals and groups; analyze
complex data and situations; interpret
Federal and State regulations and
establish policies and procedures to
effectively implement them statewide;
manage administrative budget and
plans; develop and make presentations;
plan and organize work assignments for
oneself and others including program
compliance requirements; practice
efficient self-management techniques;
work effectively in a team environment
and with all levels of employees in an
organization; build positive internal and
external working relationships; and use
word processing, spreadsheet, and
presentation creations or similar
software.
Proposed § 235.11(g)(2)(iv) identifies
an additional criterion that is strongly
preferred, but not required. This
proposed regulation recommends that
new hires possess at least five years of
experience in institutional food service
operations.
Minimum Annual Continuing
Education/Training Standards
Proposed § 235.11(g)(3) would require
that each school year, all State agency
directors with responsibility for the
NSLP and SBP, as well as those
responsible for the distribution of USDA
donated foods in schools under part 250
of this chapter, must complete a
minimum of 15 hours of continuing
education/training in core areas
appropriate to the areas of responsibility
and may include: nutrition, operations,
administration, and communications/
marketing. Any additional hours and
topics would be specified by FNS on an
annual basis, as necessary.
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During discussions with existing
directors of both school nutrition and
distributing agencies, annual continuing
education/training was universally
supported.
Similar to the required annual
education/training for school nutrition
program directors, managers and staff,
training taken by State directors will
also be accepted from a wide variety of
other sources. Training provided by
FNS, NFSMI, commercial vendors,
academic institutions, or professional
associations are examples of some
acceptable sources. As noted above,
training can be conducted online
(webinars, interactive online sessions,
etc.) and/or in-person (public speakers,
in-services, attendance of a class or
seminar). Additionally, training
required under the proposed Child
Nutrition integrity rule, which would
require annual training hours in
procurement, would also count toward
the proposed annual requirement
discussed here. However, training that
is conducted by a State director may not
be credited toward part of his/her own
annual education/training requirement.
This is to ensure that State directors are
being trained in areas they may not yet
already be proficient in, and to
recognize that they have training needs
that are unique from the needs of School
Food Authority-level staff. For instance,
much of State director training would
relate to requirements from USDA. The
flexibility offered to directors at the
local level to count training conducted
toward their annual training
requirement is in recognition of limited
resources and time at the local level, as
well as overlapping training needs for
directors, managers and staff. Therefore,
school nutrition program directors will
gain knowledge and insight necessary
for their positions as they prepare for
and conduct trainings for staff.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Use of Funds for Training
Proposed § 235.6(a–1) would be
amended to allow State agencies to
utilize State administrative expense
funds specifically for the purposes of
their own State director annual
continuing education/training, but not
to obtain college credits.
Provision of Annual Training
Proposed § 235.11(g)(4)(i) would
require each State agency with
responsibility for the NSLP and SBP to
annually provide a minimum of 18
hours of training to school food
authorities (applicable to any or all staff)
and local educational agencies, as
applicable. Training topics would
include, but not be limited to:
administrative practices (including
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training in application, certification,
verification, meal counting, and meal
claiming procedures); the accuracy of
approvals for free and reduced price
meals; the identification of reimbursable
meals at the point of service; nutrition;
health and food safety standards; the
efficient and effective use of USDA
donated foods; and any other
appropriate topics, as determined by
FNS, to ensure program compliance and
integrity.
Proposed § 235.11(g)(4)(ii) would
require each State agency with
responsibility for the distribution of
USDA donated foods under part 250 of
this chapter to provide or ensure receipt
of continuing education/training to
State distributing agency staff on an
annual basis. Topics may include the
efficient and effective use of USDA
donated foods; inventory rotation and
control; health and food safety
standards; and any other appropriate
topics, as determined by FNS, to ensure
program compliance and integrity.
Because State agencies already
conduct training and attend trainings,
there is no additional administrative
burden associated with this proposed
rule. FNS anticipates there being a high
level of flexibility for States in meeting
this proposed requirement. Stateprovided training is an approved use of
State administrative expense funds, and
a variety of formats, including print,
web-based, and in-person, could be
used. States are encouraged to
collaborate with each other, or with
their State distributing agencies, to
share potential training resources and
best practices. States may also use
contractors or partner with other
organizations such as the School
Nutrition Association or the National
Food Service Management Institute to
develop and/or provide training to the
school food authorities and State
distributing agencies.
Records and Recordkeeping
This proposed rule would also require
each State agency to maintain a
recordkeeping system that annually
documents compliance with the
professional standards requirements for
all State Directors of school nutrition
and State Directors of distributing
agencies. Documentation must be
adequate to support to FNS that
directors are meeting the minimum
professional standards. Proposed
§ 235.11(g)(5) would require that States
annually maintain records to adequately
demonstrate compliance with the
professional standards for State
directors of school nutrition programs
established in § 235.11(g). Proposed
§ 210.20(b)(15) would add professional
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standards to the requirements for States
for reporting and recordkeeping
purposes.
Failure To Comply
Proposed § 235.11(g)(6) would require
that the failure of State agencies to
comply with the proposed standards for
State directors, as discussed above, may
result in recovery, withholding, or
cancellation of payment of State
administrative expense funds, as
specified under existing § 235.11(b).
USDA will work with State agencies
and school food authorities that do not
fully meet the requirements and provide
ongoing technical assistance and
guidance in order to bring States into
compliance. Actions resulting from
failure to comply are anticipated to
occur only in the most serious instances
of noncompliance.
Oversight
Each State will be responsible for
ensuring that each school food authority
is monitoring the credentials and
requirements for all school nutrition
program employees. States will also
ensure that school food authorities are
maintaining a recordkeeping system of
such credentials. As mentioned, this
proposed rule would amend existing
§ 210.18, Administrative review, to
require State agencies to assess
compliance with professional standards
under the administrative review’s
general area areas.
Management evaluations of the State
agency would include an FNS
assessment of State agency compliance
with professional standards. This
assessment would include a review of
whether the state directors of both
school nutrition and distributing
agencies are meeting the professional
standards in this proposed regulation.
III. Procedural Matters
Executive Order 12866 and Executive
Order 13563
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
if regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts,
and equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility.
This proposed rule has been
determined to be not significant.
Accordingly, the rule will not be
reviewed by the Office of Management
and Budget.
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Regulatory Impact Analysis
Executive Order 13132
This rule has been determined to be
not significant by the Office of
Management and Budget; therefore a
Regulatory Impact Analysis is not
required.
Executive Order 13132 requires
Federal agencies to consider the impact
of their regulatory actions on State and
local governments. Where such actions
have federalism implications, agencies
are directed to provide a statement for
inclusion in the preamble to the
regulations describing the agency’s
considerations in terms of the three
categories called for under Section
(6)(b)(2)(B) of Executive Order 13121.
Regulatory Flexibility Act
This rule has been reviewed with
regard to the requirements of the
Regulatory Flexibility Act (RFA) of
1980, (5 U.S.C. 601–612). Pursuant to
that review, it has been certified that
this rule will not have a significant
impact on a substantial number of small
entities. The administrative and
operational requirements of the Program
are simple. Therefore, FNS does not
expect that the proposed rule will have
a significant economic impact on small
entities.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local
and tribal governments and the private
sector. Under section 202 of the UMRA,
the Department generally must prepare
a written statement, including a cost
benefit analysis, for proposed and final
rules with ‘‘Federal mandates’’ that may
result in expenditures by State, local or
tribal governments, in the aggregate, or
the private sector, of $100 million or
more in any one year. When such a
statement is needed for a rule, Section
205 of the UMRA generally requires the
Department to identify and consider a
reasonable number of regulatory
alternatives and adopt the most cost
effective or least burdensome alternative
that achieves the objectives of the rule.
This proposed rule does not contain
Federal mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local and tribal governments or
the private sector of $100 million or
more in any one year. Thus, the rule is
not subject to the requirements of
sections 202 and 205 of the UMRA.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Executive Order 12372
The NSLP and State Administrative
Expense Funds are listed in the Catalog
of Federal Domestic Assistance
Programs under 10.555 and 10.560,
respectively. For the reasons set forth in
the final rule in 7 CFR part 3015,
subpart V, and related Notice (48 FR
29115, June 24, 1983), this program is
included in the scope of Executive
Order 12372 which requires
intergovernmental consultation with
State and local officials.
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Prior Consultation With State Officials
FNS headquarters and regional offices
have formal and informal discussions
with State agency officials on an
ongoing basis regarding the Child
Nutrition Programs and policy issues.
Prior to drafting this proposed rule and
as noted above, FNS held several
conference calls and meetings with the
State agencies to discuss the statutory
requirements addressed in this
proposed rule. FNS also discussed the
professional standards statutory
requirements with program operators at
their State conferences and received
input which has been considered in
drafting this proposed rule.
Nature of Concerns and the Need To
Issue This Rule
State agencies requested clarification
on application of proposed standards to
current State and local directors,
flexibility of acceptable formats for
obtaining training, implementation
dates, and oversight. These are
discussed in the preamble.
Extent to Which We Meet Those
Concerns
FNS has considered the impact of this
proposed rule on State and local
operators and has developed a rule that
would implement the professional
standards requirement in the most
effective and least burdensome manner.
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This proposed rule is
not intended to have preemptive effect
with respect to any State or local laws,
regulations or policies which conflict
with its provisions or which would
otherwise impede its full and timely
implementation. This rule is not
intended to have retroactive effect
unless so specified in the Effective Dates
section of the final rule. Prior to any
judicial challenge to the provisions of
the final rule, all applicable
administrative procedures under
§ 210.18(q) or § 235.11(f) must be
exhausted.
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6497
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 requires
Federal agencies to consult and
coordinate with tribes on a governmentto-government basis on policies that
have tribal implications, including
regulations, legislative comments or
proposed legislation, and other policy
statements or actions that have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or distribution of power
and responsibilities between the Federal
government and Indian tribes.
FNS provides regularly scheduled
quarterly consultation sessions as a
venue for collaborative conversations
with Tribal officials or their designees.
The most recent quarterly consultation
sessions were coordinated by FNS and
held on November 2, 2011; February 29,
2012; May 2, 2012; August 29, 2012; and
February 13, 2013.
There were no comments about this
regulation received during any of the
aforementioned Tribal Consultation
sessions. Reports from these
consultations are part of the USDA
annual reporting on Tribal consultation
and collaboration. FNS will respond in
a timely and meaningful manner to
Tribal government requests for
consultation concerning this rule.
Civil Rights Impact Analysis
FNS has reviewed this proposed rule
in accordance with the Department
Regulation 4300–4, ‘‘Civil Rights Impact
Analysis’’, and 1512–1, ‘‘Regulatory
Decision Making Requirements,’’ to
identify and address any major civil
rights impacts the proposed rule might
have on minorities, women, and persons
with disabilities. After a careful review
of the proposed rule’s intent and
provisions, FNS has determined that
this proposed rule is not intended to
limit or reduce in any way the ability of
protected classes of individuals to
receive benefits on the basis of their
race, color, national origin, sex, age or
disability, nor is it intended to have a
differential impact on minority owned
or operated business establishments,
and women-owned or operated business
establishments that participate in the
Child Nutrition Programs. The proposed
rule is technical in nature, and it affects
only the State agencies and the local
educational agencies operations.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. Chap. 35; see 5 CFR part
1320), requires that the Office of
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tkelley on DSK3SPTVN1PROD with PROPOSALS
Management and Budget (OMB)
approve all collections of information
by a Federal agency from the public
before they can be implemented.
Respondents are not required to respond
to any collection of information unless
it displays a current, valid OMB control
number. This is a new collection. The
proposed provisions in this rule create
new burden which will be merged into
a currently approved information
collection titled ‘‘National School
Lunch Program’’ (NSLP), OMB Number
0584–0006, which expires on February
29, 2016. These changes are contingent
upon OMB approval under the
Paperwork Reduction Act of 1995.
When the information collection
requirements have been approved, FNS
will publish a separate action in the
Federal Register announcing OMB’s
approval.
Comments on the information
collection in this proposed rule must be
received by April 7, 2014. Send
comments to the Office of Information
and Regulatory Affairs, OMB, Attention:
Desk Officer for FNS, Washington, DC
20503. Please also send a copy of your
comments to Lynn Rodgers-Kuperman,
Chief, Program Analysis and Monitoring
Branch, Child Nutrition Division, 3101
Park Center Drive, Alexandria, VA
22302. For further information, or for
copies of the information collection
requirements, please contact Lynn
Rodgers-Kuperman at the address
indicated above. Comments are invited
on: (1) Whether the proposed collection
of information is necessary for the
proper performance of the Agency’s
functions, including whether the
information will have practical utility;
(2) the accuracy of the Agency’s
estimate of the proposed information
collection burden, including the validity
of the methodology and assumptions
used; (3) ways to enhance the quality,
utility and clarity of the information to
be collected; and (4) ways to minimize
the burden of the collection of
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18:37 Feb 03, 2014
Jkt 232001
information on those who are to
respond, including use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology.
All responses to this request for
comments will be summarized and
included in the request for OMB
approval. All comments will also
become a matter of public record.
Title: Professional Standards for State
and Local School Nutrition Programs
Personnel as Required by the Healthy,
Hunger-Free Kids Acts of 2010.
OMB Number: 0584—NEW.
Expiration Date: Not yet determined.
Type of Request: New collection.
Abstract: Section 306 of the Healthy,
Hunger-Free Kids Act (HHFKA) (P.L.
111–296) amends section 7 of the Child
Nutrition Act (CNA) (42 U.S.C. 1776) by
adding paragraph (g), ‘‘Professional
Standards for School Food Service.’’
This rule proposes to amend the 7 CFR
part 210, the regulations governing the
National School Lunch Program (NSLP)
and 7 CFR part 235, the regulations
governing State Administrative Expense
Funds, consistent with amendments
made by the HHFKA.
The NSLP is authorized under section
13 of the Richard B. Russell National
School Lunch Act (NSLA) (42 U.S.C.
1761). This rule proposes to establish
the criteria and procedures for
implementing the provisions in section
7(g) of the CNA, as amended (42 U.S.C.
1776). To effect these provisions, the
proposed rule would amend 7 CFR part
210 by redesignating §§ 210.30 and
210.31 as §§ 210.31 and 210.32,
respectively. A new § 210.30, School
nutrition program professional
standards, would be added. The
proposed rule would also amend 7 CFR
part 210 by revising §§ 210.2, 210.15,
210.18, 210.20, and 210.31. The
proposed rule would amend 7 CFR part
235 by revising §§ 235.4, 235.11, and
235.12, and making other conforming
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changes. The professional standards
proposed in this rule represent
minimum standards that State agencies,
school food authorities, and schools
would be required to meet. State
agencies and/or local educational
agencies would have the discretion to
establish their own professional
standards should they wish to do so, as
long as such standards are not
inconsistent with the minimum
standards established by FNS through
the rulemaking process. For instance,
State may choose to consider additional
factors such as State certificates as an
aspect of their professional standards
criteria.
This proposed rule is intended to
provide consistent, national standards
for school nutrition professionals and
staff. The principal benefit of this
proposed rule is to ensure that key
school nutrition personnel are meeting
minimum professional standards in
order to adequately perform the duties
and responsibilities of their positions.
This rule does not carry any reporting
burden. Recordkeeping burden details
are provided below.
Affected Public: State Agencies, Local
Educational Agencies and School Food
Authorities, and Schools operating the
NSLP.
Estimated Number of Respondents:
122,661.
Estimated Number of Responses per
Respondent: 1.
Estimated Total Annual Responses:
122,717.
Estimate Time per Response: 0.25.
Estimated Total Annual Burden with
proposed rule: 30,680.
Current OMB Inventory for Part 210:
10,223,035.
Total burden hours for Part 210 with
proposed rule: 10,253,715.
Difference (new burden requested
with proposed rule): 30,680.
Refer to the table below for estimated
total annual burden.
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Affected public
Estimated
number of
recordkeepers
Section
Average
annual
records
Records per
recordkeeper
Average
burden per
record
Annual burden
hours
Reporting (There is no reporting burden.)
Recordkeeping
State to annually maintain a
recordkeeping system
that documents compliance with the professional standards for State
directors of school nutrition programs and distributing agencies to include
credentials and continuing education/training
standards.
LEA and SFA to annually
maintain a recordkeeping
system that documents
the compliance with the
professional standards for
all school nutrition program employees.
Schools to annually maintain a recordkeeping system that documents the
compliance with the professional standards for all
school nutrition program
employees.
Total Estimated Recordkeeping Burden.
7 CFR 210.20(b)(15);
235.11(g)(3); 235.11(g)(4).
56
2
112
0.25
28
7 CFR 210.15(b)(8);
210.30(b)(2); 210.30(c);
210.30(d).
20,858
1
20,858
.25
5,215
7 CFR 210.15(b)(8);
210.30(b)(2); 210.30(c);
210.30(d).
101,747
1
101,747
.25
25,437
.............................................
122,661
........................
122,717
........................
30,680
Total of Reporting and Recordkeeping
Reporting ............................
Recordkeeping ....................
.............................................
.............................................
........................
122,661
........................
........................
........................
122,717
........................
.25
........................
30,680
Total .............................
.............................................
122,661
........................
122,717
.25
30,680
E-Government Act Compliance
The Food and Nutrition Service is
committed to complying with the EGovernment Act, 2002, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
tkelley on DSK3SPTVN1PROD with PROPOSALS
1. The authority citation for part 210
continues to read as follows:
■
2. Amend § 210.2 by adding the
definitions of School nutrition program
directors, School nutrition program
managers, and School nutrition program
staff to read as follows:
■
7 CFR Part 210
Children, Commodity School
Program, Food assistance programs,
Grant programs—health, Grant
programs—education, School breakfast
and lunch programs, Nutrition,
Reporting and recordkeeping
requirements.
7 CFR Part 235
Administrative practice and
procedure, Food assistance programs,
Grant programs—health, Grant
programs—education, School breakfast
and lunch programs, Nutrition,
18:37 Feb 03, 2014
PART 210—NATIONAL SCHOOL
LUNCH PROGRAM
Authority: 42 U.S.C. 1751–1760, 1779.
List of Subjects
VerDate Mar<15>2010
Reporting and recordkeeping
requirements.
Accordingly, 7 CFR parts 210 and 235
are proposed to be amended as follows:
Jkt 232001
§ 210.2
Definitions.
*
*
*
*
*
School nutrition program directors are
those individuals directly responsible
for the management of the day-to-day
operations of school food service for all
participating schools under the
jurisdiction of the school food authority.
School nutrition program managers
are those individuals directly
responsible for the management of the
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day-to-day operations of school food
service for a participating school(s).
School nutrition program staff are
those individuals, without managerial
responsibilities, involved in day-to-day
operations of school food service for a
participating school(s).
*
*
*
*
*
■ 3. Amend § 210.15 as follows:
■ (a) In paragraph (b)(6), by removing
the word ‘‘and’’ at the end;
■ (b) In paragraph (b)(7), by removing
the period and adding ‘‘; and’’ in its
place; and
■ (c) By adding paragraph (b)(8).
The addition reads as follows:
§ 210.15
Recordkeeping summary.
*
*
*
*
*
(b) * * *
(8) Records to demonstrate the school
food authority’s compliance with the
professional standards for school
nutrition program directors, managers
and personnel established in § 210.30.
■ 4. Amend § 210.18 by adding
paragraph (h)(6) to read as follows:
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Administrative reviews.
*
*
*
*
*
(h) * * *
(6) Professional standards. The State
agency shall ensure the school food
authority complies with the professional
standards for school nutrition program
directors, managers and personnel
established in § 210.30.
■ 5. Amend § 210.20 as follows:
■ a. In paragraph (b)(13), by removing
the word ‘‘and’’ at the end;
■ b. In paragraph (b)(14), by removing
the period and adding ‘‘; and’’ in its
place; and
■ c. By adding paragraph (b)(15).
The addition reads as follows:
§ 210.20
Reporting and Recordkeeping.
*
*
*
*
*
(b) * * *
(15) Records to demonstrate
compliance with the professional
standards for State directors of school
nutrition programs established in
§ 235.11(g).
§§ 210.30 and 210.31 [Redesignated as
§§ 210.31 and 210.32].
6. Redesignate §§ 210.30 and 210.31
as §§ 210.31 and 210.32, respectively,
and add new § 210.30 to read as follows:
■
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 210.30 School nutrition program
professional standards.
(a) General. School food authorities
must establish and implement
professional standards for school
nutrition program directors, managers
and staff, as defined in § 210.2.
(b) Minimum standards for all school
nutrition program directors. Each school
food authority must ensure that all
newly hired school nutrition program
directors meet minimum hiring
standards and ensure that all new and
existing directors have completed the
minimum annual training/education
requirements for school nutrition
program directors, as set forth below:
(1) Hiring standards. All school
nutrition program directors hired on or
after July 1, 2015, must meet the
following minimum educational
requirements, as applicable:
(i) School nutrition program directors
with local educational agency
enrollment of 2,499 students or fewer.
Directors must meet the requirements in
either paragraph (b)(1)(i)(A), (b)(1)(i)(B),
(b)(1)(i)(C), or (b)(1)(i)(D) of this section.
(A) A bachelor’s degree, or equivalent
educational experience, with an
academic major or concentration in food
and nutrition, food service management,
dietetics, family and consumer sciences,
nutrition education, culinary arts,
business, or a related field;
(B) A bachelor’s degree, or equivalent
educational experience, with any
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18:37 Feb 03, 2014
Jkt 232001
academic major or area of concentration,
and a State-recognized certificate in
food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, or business;
(C) An associate’s degree, or
equivalent educational experience, with
an academic major or area of
concentration in food and nutrition,
food service management, dietetics,
family and consumer sciences, nutrition
education, culinary arts, business, or a
related field and at least one year of
relevant school nutrition program
experience; or
(D) A high school diploma or
equivalency (such as the general
educational development diploma), and
at least five years of relevant school
nutrition program experience. Directors
hired under such criteria are strongly
encouraged to work toward attaining an
associate’s degree in an academic major
in the fields listed in paragraph
(b)(1)(i)(C) of this section upon hiring.
(ii) School nutrition program directors
with local educational agency
enrollment of 2,500 to 9,999 students.
Directors must meet the requirements in
either paragraph (b)(1)(ii)(A),
(b)(1)(ii)(B), or (b)(1)(ii)(C) of this
section.
(A) A bachelor’s degree, or equivalent
educational experience, with an
academic major or concentration in food
and nutrition, food service management,
dietetics, family and consumer sciences,
nutrition education, culinary arts,
business, or a related field;
(B) A bachelor’s degree, or equivalent
educational experience, with any
academic major or area of concentration,
and a State-recognized certificate in
food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, or business; or
(C) An associate’s degree, or
equivalent educational experience
(bachelor’s degree preferred), with an
academic major or area of concentration
in food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, business, or a related field
and at least one year of relevant school
nutrition program experience. Directors
hired with an associate’s degree are
strongly encouraged to work toward
attaining a bachelor’s degree in an
academic major in the fields listed in
this paragraph.
(iii) School nutrition program
directors with local educational agency
enrollment of 10,000 to 24,999 students.
Directors must meet the requirements in
either paragraph (b)(1)(iii)(A), or
(b)(1)(iii)(B) of this section.
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(A) A bachelor’s degree, or equivalent
educational experience, with an
academic major or area of concentration
in food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, business, or a related field;
or
(B) A bachelor’s degree, or equivalent
educational experience, with any
academic major or area of concentration,
and a State-recognized certificate in
food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, or business.
(C) School food authorities are
strongly encouraged to seek out
individuals who possess a master’s
degree or are willing to work toward a
master’s degree in the fields listed in
this paragraph. At least one year of
management experience, preferably in
school nutrition, is strongly
recommended. It is also strongly
recommended that directors have at
least three credit hours at the university
level in food service management and at
least three credit hours in nutritional
sciences at the time of hire.
(iv) School nutrition program
directors with local educational agency
enrollment of 25,000 or more students.
Directors must meet the requirements in
either paragraph (b)(1)(iv)(A), or
(b)(1)(iv)(B) of this section.
(A) A bachelor’s degree, or equivalent
educational experience, with an
academic major or area of concentration
in food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, business, or a related field;
or
(B) A bachelor’s degree, or equivalent
educational experience, with any
academic major or area of concentration,
and a State-recognized certificate in
food and nutrition, food service
management, dietetics, family and
consumer sciences, nutrition education,
culinary arts, or business.
(C) School food authorities are
strongly encouraged to seek out
individuals who possess a master’s
degree or are willing to work toward a
master’s degree, in the fields listed in
this paragraph. At least one year of
management experience, preferably in
school nutrition, is strongly
recommended. It is also strongly
recommended that directors have at
least three credit hours at the university
level in food service management and at
least three credit hours in nutritional
sciences at the time of hire.
(v) School nutrition program directors
for all local educational agency sizes.
All school nutrition program directors,
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of all local educational agency sizes,
must have completed at least eight
hours of food safety training within
three years prior to their starting date or
complete eight hours of food safety
training within 30 days of the starting
date.
(2) Summary of school nutrition
program director education/prior
training standards. The following chart
6501
summarizes the written requirements
stated above:
SUMMARY OF SCHOOL NUTRITION PROGRAM DIRECTOR PROPOSED PROFESSIONAL STANDARDS BY LOCAL EDUCATIONAL
AGENCY SIZE
Minimum requirements for
directors
Student enrollment
2,499 or less
Student enrollment
2,500–9,999
Student enrollment
10,000–24,999
Student enrollment
25,000 or more
Minimum Education Standards (required) (new directors only).
Bachelor’s degree, or
equivalent educational
experience, with academic major or concentration in food and
nutrition, food service
management, dietetics,
family and consumer
sciences, nutrition education, culinary arts,
business, or a related
field. OR.
Bachelor’s degree, or
equivalent educational
experience, with any
academic major or area
of concentration, and a
State-recognized certificate in food and nutrition, food service management, dietetics, family and consumer
sciences, nutrition education, culinary arts, or
business; OR.
Associate’s degree, or
equivalent educational
experience, with academic major or concentration in food and
nutrition, food service
management, dietetics,
family and consumer
sciences, nutrition education, culinary arts,
business, or a related
field; and at least one
year of relevant school
nutrition programs experience; OR.
High school diploma (or
GED) and 5 years of relevant experience in
school nutrition programs.
Directors hired without an
associate’s degree are
strongly encouraged to
work toward attaining
associate’s degree upon
hiring..
Bachelor’s degree, or
equivalent educational
experience, with academic major or concentration in food and
nutrition, food service
management, dietetics,
family and consumer
sciences, nutrition education, culinary arts,
business, or a related
field; OR.
Bachelor’s degree, or
equivalent educational
experience, with any
academic major or area
of concentration, and a
State-recognized certificate in food and nutrition, food service management, dietetics, family and consumer
sciences, nutrition education, culinary arts, or
business; OR.
Associate’s degree, or
equivalent educational
experience, with academic major or concentration in food and
nutrition, food service
management, dietetics,
family and consumer
sciences, nutrition education, culinary arts,
business, or a related
field; and at least one
year of relevant school
nutrition programs experience.
Bachelor’s degree, or
equivalent educational
experience, with academic major or concentration in food and
nutrition, food service
management, dietetics,
family and consumer
sciences, nutrition education, culinary arts,
business, or a related
field; OR.
Bachelor’s degree, or
equivalent educational
experience, with any
academic major or area
of concentration, and a
State-recognized certificate in food and nutrition, food service management, dietetics, family and consumer
sciences, nutrition education, culinary arts, or
business.
Same requirements as for
10,000–24,999.
Directors hired without a
bachelor’s degree
strongly encouraged to
work toward attaining
bachelor’s degree upon
hiring.
Master’s degree, or willingness to work toward
master’s degree, preferred.
At least one year of management experience,
preferably in school nutrition, strongly recommended.
At least 3 credit hours at
the university level in
food service management plus at least 3
credit hours in nutritional
sciences at time of hiring strongly preferred.
Master’s degree, or willingness to work toward
master’s degree, preferred
At least one year of management experience,
preferably in school nutrition, strongly recommended.
At least 3 credit hours at
the university level in
food service management plus at least 3
credit hours in nutritional
sciences at time of hiring strongly preferred.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Minimum Education Standards (preferred).
(new directors only) ...........
VerDate Mar<15>2010
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Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Proposed Rules
SUMMARY OF SCHOOL NUTRITION PROGRAM DIRECTOR PROPOSED PROFESSIONAL STANDARDS BY LOCAL EDUCATIONAL
AGENCY SIZE—Continued
Minimum requirements for
directors
Minimum Prior Training
Standards.
(required) ...........................
(new directors only) ...........
Student enrollment
2,499 or less
Student enrollment
2,500–9,999
Student enrollment
10,000–24,999
Student enrollment
25,000 or more
At least 8 hours of food safety training is required either 3 years prior to their starting date or completed within 30
days of employee’s starting date
(3) Minimum required annual
continuing education/training. Each
school year, beginning with the first
year of hire or July 1, 2015, whichever
is later, the school food authority must
ensure that all school nutrition program
directors have completed at least fifteen
hours of annual continuing education/
training in the following topics:
Administrative practices (including
training in application, certification,
verification, meal counting, and meal
claiming procedures) and any other
topics, as determined by FNS.
Continuing education/training required
under this paragraph is in addition to
the food safety training required in the
first year of employment under
paragraph (b)(1)(v) of this section.
(c) Continuing education/training
standards for all school nutrition
program managers. Each school year,
the school food authority must ensure
that all school nutrition program
managers have completed at least 12
hours of annual continuing education/
training, or as otherwise specified by
FNS. Continuing education/training will
include the following topics:
(1) Administrative practices
(including training in application,
certification, verification, meal
counting, and meal claiming
procedures);
(2) The identification of reimbursable
meals at the point of service;
(3) Nutrition;
(4) Health and safety standards; and
(5) Any other appropriate topics, as
determined by FNS.
(d) Continuing education/training
standards for all staff with responsibility
for school nutrition programs. Each
school year, the school food authority
must ensure that all staff with
responsibility for school nutrition
programs that work an average of at
least 20 hours per week, other than
school nutrition program directors and
managers, complete at least eight hours
of annual continuing education/training
in areas applicable to their job, or as
otherwise specified by FNS. The
required number of training hours for
staff working an average of less than 20
hours per week must be proportional to
the number of hours worked.
Continuing education/training will
include the following topics:
(1) Free and reduced price eligibility;
(2) Application, certification, and
verification procedures;
(3) The identification of reimbursable
meals at the point of service;
(4) Nutrition;
(5) Health and safety standards; and
(6) Any other appropriate topics, as
determined by FNS.
(e) Summary of required minimum
continued education/training standards.
SUMMARY OF PROPOSED REQUIRED MINIMUM CONTINUING EDUCATION/TRAINING STANDARDS, FOR ALL LOCAL
EDUCATIONAL AGENCY SIZES
New and Current Directors ......................................................
New and Current Managers .....................................................
tkelley on DSK3SPTVN1PROD with PROPOSALS
New and Current Staff (other than the director and managers) that work an average of at least 20 hours per week.
(f) Use of food service funds for
training costs. Costs associated with
annual continuing education/training
required under subsections (b)(3), (c)
and (d) of this section must be
reasonable, allocable and necessary in
accordance with the cost principles set
forth in 2 CFR part 225, Cost Principles
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Each year, at least 15 hours of annual continuing education/training.
Includes topics such as:
• Administrative practices (including training in application, certification,
verification, meal counting, and meal claiming procedures).
• any other appropriate topics as determined by FNS.
This required continuing education/training is in addition to the food safety training required in the first year of employment.
Each year, at least 12 hours of annual continuing education/training.
Includes topics such as:
• Administrative practices (including training in application, certification,
verification, meal counting, and meal claiming procedures).
• the identification of reimbursable meals at the point of service.
• nutrition, health and safety standards.
• other topics, as specified by FNS.
Each year, at least 8 hours of annual continuing education/training.
Includes topics such as:
• Free and reduced price eligibility.
• application, certification, and verification procedures.
• the identification of reimbursable meals at the point of service.
• nutrition, health and safety standards.
• other topics, as specified by FNS.
for State, Local and Indian Tribal
Governments (OMB Circular A–87).
Such costs may not include:
(1) Costs associated with paragraphs
(b)(1)(i) through (iv) of this section.
(2) Costs associated with obtaining
college credits to meet the requirements
of paragraph (b)(2) of this section.
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Fmt 4702
Sfmt 4702
(g) School food authority oversight.
Each school year, the school food
authority shall document compliance
with the requirements of this section for
all staff with responsibility for school
nutrition programs, including directors,
managers, and staff. Documentation
must be adequate to establish, to the
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State’s satisfaction during
administrative reviews, that employees
are meeting the minimum professional
standards. The school food authority
must certify that:
(1) The school nutrition programs
director meets the hiring standards and
training requirements set forth in
paragraph (b) of this section; and
(2) Each employee has completed the
applicable education/training required
in paragraphs (c) and (d) of this section
no later than the end of each school
year.
■ 7. Revise § 210.32 to read as follows:
7 CFR section where requirements are described
210.3(b) .................................................................
210.4(b) .................................................................
210.5(d) .................................................................
210.7 .....................................................................
210.8 .....................................................................
210.9 .....................................................................
210.10 ...................................................................
210.11 ...................................................................
210.13 ...................................................................
210.14 ...................................................................
210.15 ...................................................................
210.17 ...................................................................
210.18 ...................................................................
210.19 ...................................................................
210.20 ...................................................................
210.23 ...................................................................
PART 235—STATE ADMINISTRATIVE
EXPENSE FUNDS
8. The authority citation for part 235
continues to read as follows:
■
Authority: Secs. 7 and 10 of the Child
Nutrition Act of 1966, 80 Stat. 888, 889, as
amended (42 U.S.C. 1776, 1779).
§ 235.4
Allocation of funds to States.
*
*
*
*
*
(b) * * *
(2) $30,000 to each State which
administers the Food Distribution
Program (part 250 of this chapter) in
schools and/or institutions which
participate in programs under parts 210,
220, 226 of this chapter; provided that
the State meets the training
requirements set forth in § 235.11(g).
*
*
*
*
*
■ 10. Amend § 235.6 by adding a
sentence at the end of paragraph (a–1)
to read as follows:
§ 235.6
Use of funds.
tkelley on DSK3SPTVN1PROD with PROPOSALS
*
*
*
*
*
(a) * * *
(a–1) * * * State agencies may also
use these funds for the purposes of State
director annual continuing education/
training as described in § 235.11(g)(3),
however costs associated with obtaining
college credits are not allowable.
*
*
*
*
*
■ 11. Amend § 235.11 as follows:
■ a. In paragraph (b)(2)(iv), by removing
the word ‘‘and’’ at the end;
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18:37 Feb 03, 2014
Jkt 232001
0584–0067.
0584–0002.
0584–0006; 0584–0002; 0584–0067; 0584–0567 (to be merged with 0584–0006).
0584–0567 (to be merged with 0584–0006).
0584–0284; 0584–0006.
0584–0006.
0584–0006; 0584–0494.
0584–0576 (to be merged with 0584–0006).
0584–0006.
0584–0006.
0584–0006.
0584–0075.
0584–0006.
0584–0006.
0584–0006; 0584–0002; 0584–0067.
0584–0006.
b. In paragraph (b)(2)(v), by removing
the period and adding ‘‘; and’’ in its
place;
■ c. By adding paragraph (b)(2)(vi); and
■ d. By adding paragraph (g).
The additions read as follows:
■
Other provisions.
*
9. Amend § 235.4 by revising
paragraph (b)(2) to read as follows:
*
*
*
*
(b) * * *
(2) * * *
(vi) Meeting the professional
standards required in paragraph (g) of
this section.
*
*
*
*
*
(g) Professional standards. State
agencies must meet the hiring and
training standards established by FNS.
(1) Hiring standards for State
directors of school nutrition programs.
Beginning July 1, 2015, the required
minimum standards and criteria in the
selection of newly hired State agency
directors with responsibility for the
National School Lunch Program under
part 210 of this chapter and the School
Breakfast Program under part 220 of this
chapter must include:
(i) Bachelor’s degree with an
academic major in areas including food
and nutrition, food service management,
dietetics, family and consumer sciences,
nutrition education, culinary arts,
business, or a related field;
(ii) Extensive relevant knowledge and
experience in areas such as institutional
food service operations, management,
business, and/or nutrition education
(experience in three or more of these
areas highly recommended); and
PO 00000
OMB control numbers.
The following control numbers have
been assigned to the information
collection requirements in 7 CFR part
210 by the Office of Management and
Budget pursuant to the Paperwork
Reduction Act of 1980, Public Law 96–
511.
Current OMB control No.
§ 235.11
■
§ 210.32
6503
Frm 00016
Fmt 4702
Sfmt 4702
(iii) Additional abilities and skills
needed to lead, manage and supervise
people to support the mission of Child
Nutrition programs.
(iv) It is also strongly preferred that
new hires possess:
(A) Master’s degree with an academic
major in areas including food and
nutrition, food service management,
dietetics, family and consumer sciences,
nutrition education, culinary arts,
business, or a related field;
(B) At least five years of experience
leading people in successfully
accomplishing major multi-faceted
projects related to child nutrition and/
or institutional foodservice
management; and
(C) Professional certification in food
and nutrition, food service management,
school business management or a
related field as determined by FNS.
(2) Hiring standards for State
directors of distributing agencies.
Beginning July 1, 2015, the required
minimum standards and criteria in the
selection of newly hired State agency
directors with responsibility for the
distribution of USDA donated foods
under part 250 of this chapter must
include:
(i) Bachelor’s degree in any academic
major;
(ii) Extensive relevant knowledge and
experience in areas such as institutional
food service operations, management,
business, and/or nutrition education;
and
(iii) Additional abilities and skills
needed to lead, manage and supervise
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people to support the mission of Child
Nutrition programs.
(iv) It is also strongly preferred that
new hires possess at least five years of
experience in institutional food service
operations.
(3) Minimum required annual
continuing education/training
standards for State directors of school
nutrition programs and distributing
agencies. Each school year, all State
agency directors with responsibility for
the National School Lunch Program
under part 210 of this chapter and the
School Breakfast Program under part
220 of this chapter, as well as those
responsible for the distribution of USDA
donated foods under part 250 of this
chapter, must complete a minimum of
15 hours of training in core areas, that
may include nutrition, operations,
administration, communications and
marketing. Additional hours and topics
may be specified by FNS on an annual
basis, as necessary.
(4) Provision of annual training. At
least annually, State agencies with
responsibility for the National School
Lunch Program under part 210 of this
chapter and the School Breakfast
Program under part 220 of this chapter,
as well as State agencies with
responsibility for the distribution of
USDA donated foods under part 250 of
this chapter, must provide or ensure
that staff receive annual continuing
education/training.
(i) Each State agency with
responsibility for the National School
Lunch Program under part 210 of this
chapter and the School Breakfast
Program under part 220 of this chapter
must provide a minimum of 18 hours of
continuing education/training to school
food authorities. Topics include
administrative practices (including
training in application, certification,
verification, meal counting, and meal
claiming procedures); the accuracy of
approvals for free and reduced price
meals; the identification of reimbursable
meals at the point of service; nutrition;
health and food safety standards; the
efficient and effective use of USDA
donated foods; and any other
appropriate topics, as determined by
FNS, to ensure program compliance and
integrity.
(ii) Each State agency with
responsibility for the distribution of
USDA donated foods under part 250 of
this chapter must provide or ensure
receipt of continuing education/training
to State distribution agency staff on an
annual basis. Topics may include the
efficient and effective use of USDA
donated foods; inventory rotation and
control; health and food safety
standards; and any other appropriate
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18:37 Feb 03, 2014
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topics, as determined by FNS, to ensure
program compliance and integrity.
(5) Records and Recordkeeping. State
agencies must annually retain records to
adequately demonstrate compliance
with the professional standards for State
directors of school nutrition programs
established in § 235.11(g).
(6) Failure to comply. Failure to
comply with the standards in this
paragraph may result in sanctions as
specified in paragraph (b) of this
section.
■ 12. Revise § 235.12 to read as follows:
§ 235.12 Information collection/
recordkeeping—OMB assigned control
numbers.
7 CFR section where
requirements
are described
Current OMB
Control No.
235.3(b) ........
235.4 ............
235.5(b),(d) ..
235.7(a),(b) ..
235.9(c),(d) ..
235.11 ..........
210.7 ............
0584–0067
0584–0067
0584–0067
0584–0067
0584–0067
0584–0067
0584–0067
Comments Invited
Dated: January 9, 2014.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2014–02278 Filed 2–3–14; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2013–1063; Airspace
Docket No. 13–ASO–25]
RIN 2120–AA66
Proposed Amendment of Restricted
Areas R–3008A, B, C, and D; Grand
Bay Weapons Range, GA
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
amend the time of designation for
restricted areas R–3008A, B, C, and D,
Grand Bay Weapons Range, GA, by
expanding the timeframe during which
the areas may be activated without prior
issuance of a Notice to Airmen
(NOTAM). This change would better
inform the flying public of routine use
periods for the airspace as well as
reduce the need to issue NOTAMs when
necessary to activate the restricted areas
outside the published ‘‘core hours.’’
SUMMARY:
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
Comments must be received on
or before March 21, 2014.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, M–
30, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12–140,
Washington, DC 20590–0001; telephone:
(202) 366–9826. You must identify FAA
Docket No. FAA–2013–1063 and
Airspace Docket No. 13–ASO–25, at the
beginning of your comments. You may
also submit comments through the
Internet at https://www.regulations.gov.
Comments on environmental and land
use aspects to should be directed to:
FOR FURTHER INFORMATION CONTACT: Paul
Gallant, Airspace Policy and
Regulations Group, Office of Airspace
Services, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
DATES:
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers (FAA Docket No. FAA–
2013–1063 and Airspace Docket No. 13–
ASO–25) and be submitted in triplicate
to the Docket Management System (see
ADDRESSES section for address and
phone number). You may also submit
comments through the Internet at
https://www.regulations.gov.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this action must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to FAA
Docket No. FAA–2013–1063 and
Airspace Docket No. 13–ASO–25.’’ The
postcard will be date/time stamped and
returned to the commenter.
All communications received on or
before the specified closing date for
comments will be considered before
taking action on the proposed rule. The
proposal contained in this action may
be changed in light of comments
received. All comments submitted will
be available for examination in the
public docket both before and after the
closing date for comments. A report
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]]>Agencies
[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Proposed Rules]
[Pages 6488-6504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02278]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 /
Proposed Rules
[[Page 6488]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
[FNS-2011-0030]
7 CFR Parts 210 and 235
RIN 0584-AE19
Professional Standards for State and Local School Nutrition
Programs Personnel as Required by the Healthy, Hunger-Free Kids Act of
2010
AGENCY: Food and Nutrition Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish minimum professional
standards for school nutrition personnel who manage and operate the
National School Lunch and School Breakfast Programs. The proposed rule
would also institute hiring standards for the selection of State and
local school nutrition program directors; and require all personnel in
these programs to complete annual continuing education/training. These
proposed changes respond to amendments made by section 306 of the
Healthy, Hunger-Free Kids Act of 2010 (HHFKA), which require USDA to
establish professional standards for school nutrition personnel. The
HHFKA also requires each State to provide at least annual training to
local educational agency and school nutrition personnel. This proposed
rule is expected to provide consistent, national standards for school
nutrition professionals and staff. The principal benefit of this
proposed rule is to ensure that key school nutrition personnel are
meeting minimum professional standards in order to adequately perform
the duties and responsibilities of their positions.
DATES: To be assured of consideration, written comments on this
proposed rule must be received by the Food and Nutrition Service on or
before April 7, 2014.
ADDRESSES: The Food and Nutrition Service, USDA, invites interested
persons to submit written comments on this proposed rule. Comments must
be submitted through one of the following methods:
Preferred method: Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Comments should be addressed to Julie Brewer, Chief,
Policy and Program Development Branch, Child Nutrition Division, Food
and Nutrition Service, Department of Agriculture, P.O. Box 66874, Saint
Louis, MO, 63166.
All comments submitted in response to this proposed rule will be
included in the record and will be made available to the public.
Duplicate comments are not considered. Therefore, we request that
commenters submit comments through only one of the methods listed
above. Please be advised that the substance of the comments and the
identity of the individuals or entities submitting the comments will be
subject to public disclosure. FNS will make the comments publicly
available on the Internet via https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Sara Olson, Policy and Program
Development Branch, Child Nutrition Division, Food and Nutrition
Service at (703) 305-2590.
SUPPLEMENTARY INFORMATION:
I. Background
Section 306 of the Healthy, Hunger-Free Kids Act of 2010, Public
Law 111-296 (HHFKA) amended section 7 of the Child Nutrition Act of
1966 (CNA) (42 U.S.C. 1776) by adding paragraph (g), ``Professional
Standards for School Food Service.'' This rule proposes to amend 7 CFR
part 210, the regulations governing the National School Lunch Program,
and 7 CFR part 235, the regulations governing State Administrative
Expense Funds, consistent with amendments made to the CNA by the HHFKA.
Section 306 directs the Secretary to:
Establish a program of mandatory education, training, and
certification for all school nutrition directors responsible for the
management of a school food authority. The program must include minimum
educational and periodic training requirements necessary to
successfully manage the school meals programs.
Require that each local educational agency or school food
authority ensure that local nutrition personnel complete annual
training and receive annual certification (as specified by the
Secretary) to demonstrate competence in the areas covered by the
training, including ensuring individuals conducting or overseeing
administrative procedures receive training at intervals defined by the
Secretary.
Establish criteria and standards for States to use in the
selection of State agency directors with responsibility for the
National School Lunch Program (NSLP) and the School Breakfast Program
(SBP).
Require each State to provide at least annual training in
administrative practices to local educational agency and school
nutrition personnel.
In developing this proposal, USDA considered input from a variety
of sources. First, in November 2011, FNS conducted a session at the
State Agency Meeting for State Child Nutrition Directors and their
staff members. FNS explained the requirements of the HHFKA and
solicited feedback from the audience. The participants brought up a
number of general issues for USDA to consider, including grandfathering
(the practice of exempting existing personnel from the new
requirements), monitoring by State agencies, and how the new
requirements would relate to existing State and local standards.
On March 13-14, 2012, in an effort to obtain additional information
from those who would be directly impacted by the HHFKA amendments, FNS
held a two-day listening session attended by approximately 60 invited
stakeholders, representing a variety of State agencies, local
educational agencies (both large and small), professional associations
and other constituencies concerned with child nutrition. Through small
group activities, breakout sessions and full group discussions,
stakeholders provided suggestions for USDA to consider when proposing
standards for required and preferred professional standards.
Participants also offered input on use of resources to successfully
implement national standards, as well as how to overcome potential
barriers/challenges in implementation.
As follow-up to the March session, interested participants
volunteered to continue to provide input via conference calls.
Participants on the calls continued to include State and district
directors, professional
[[Page 6489]]
organizations, and USDA staff. Calls focused on three topics: criteria
and standards for hiring State agency directors; minimum education and
training requirements for school nutrition directors; and training
requirements for school nutrition managers and other staff. FNS
conducted the conference calls in the five months following the
listening session.
FNS also offered sessions describing Section 306 of HHFKA at the
School Nutrition Association's Annual National Conference in July 2012
and July 2013, and received comments and feedback from attendees. The
audience,--which consisted of State agency directors and staff, school
nutrition directors, managers and other personnel,--provided
significant input on proposed school nutrition program professional
standards.
II. Overview of the Proposed Rule
This rule proposes to establish the criteria and procedures for
implementing the provisions in section 7(g) of the CNA (42 U.S.C. 1776
(g)). The proposed rule would amend 7 CFR part 210 by redesignating
Sec. Sec. 210.30 and 210.31 as Sec. Sec. 210.31 and 210.32,
respectively. A new Sec. 210.30, School nutrition program professional
standards, would be added, as would new definitions in Sec. 210.2. The
proposed rule would also amend 7 CFR part 210 by revising Sec. Sec.
210.15, 210.18, 210.20, and 210.32 (as redesignated). The proposed rule
would amend 7 CFR part 235 by revising Sec. Sec. 235.4, 235.6, 235.11,
and 235.12. No administrative reporting burden is associated with this
proposed rule.
Use of Terms
To ensure a consistent understanding of this rulemaking, the use of
terms is discussed below.
The HHFKA uses the term ``local educational agency'' when
describing the local entity responsible for compliance with school
nutrition program professional standards. The local educational agency,
as the authority responsible for the administrative control of public
or private nonprofit educational institutions within a defined area of
the state, has responsibilities beyond school nutrition programs.
Accordingly, for purposes of this proposed regulation, the requirements
will refer to and apply to the school food authority (SFA), which is
the governing body that has the legal authority to operate the school
meal programs. The term ``local educational agency'' will be used to
define requirements that vary by size of student enrollment.
State directors of school nutrition programs include those
individuals at the State agency level with responsibility for oversight
of the NSLP and SBP. State directors of distributing agencies include
those individuals at the State agency level with responsibility for the
distribution of USDA Foods in schools under 7 CFR part 250. The
Department recognizes that these roles may rest with one individual in
some states.
School nutrition program directors are those local individuals
directly responsible for the management of the day-to-day operations of
school nutrition programs for all participating schools under the
jurisdiction of the school food authority. School nutrition program
managers are those individuals directly responsible for the management
of the day-to-day operations of school nutrition programs for a
participating school(s). School nutrition program staff are those
individuals without managerial responsibilities who are involved in
routine operations of school nutrition programs for a participating
school(s). This may include, for example, those individuals who prepare
and serve meals, process transactions at the point of service, and
review free/reduced price applications. These definitions as described
above are applicable whether or not an SFA is operated by a food
service management company. The proposed rule would define the terms
school nutrition directors, managers and staff in proposed Sec. 210.2.
If an individual possesses responsibilities for more than one of these
positions, the higher level position requirements will apply. For
instance, an individual fulfilling the roles of both director and
manager would be required to meet the proposed requirements for school
nutrition directors.
Minimum Standards
The professional standards proposed in this rulemaking represent
minimum standards that State agencies, school food authorities and
local school nutrition personnel would be required to meet. For
example, if the proposed minimum requirement is a bachelors degree in
specific fields, a candidate with a master's degree or higher in those
fields would meet and exceed the minimum proposed requirement.
Therefore, the candidate would be eligible for hire. State agencies
and/or school food authorities would have the discretion to establish
their own professional standards should they wish to do so, as long as
such standards are not inconsistent with the minimum standards
established by FNS. For instance, a State may choose to consider
additional factors, such as State certificates, as an aspect of the
required professional standards criteria.
School Nutrition Program Professional Standards for School Nutrition
Program Directors, School Nutrition Program Managers and Staff
School Nutrition Program Directors Hiring Standards
Section 7(g)(1)(A) of the CNA, now requires the Secretary to
establish a program of required education, training and certification
for directors, including the minimum educational requirements necessary
to successfully manage the NSLP and SBP.
Proposed Sec. 210.30(b)(1) would require that beginning July 1,
2015, all school nutrition program directors hired must meet minimum
educational requirements. FNS has categorized the minimum educational
requirements into four distinct local educational agency (LEA) sizes,
based on student enrollment (LEAs with 2,499 students or less, between
2,500 and 9,999 students, between 10,000 and 24,999 students, and LEAs
with 25,000 or more students). This is in recognition of the fact that
as LEA size increases, the level of responsibility and complexity of
the food service system also increases and necessitates a higher
minimum educational level. Some level of prior relevant school
nutrition program experience is also proposed to be required in
conjunction with the educational requirements for the two smaller LEA
sizes.
At all LEA sizes, if a new director has attained a bachelor's
degree or higher (in an academic major or area of concentration as
described further below), no prior experience would be required. This
is in consideration of the possibility that some well-qualified
directors may accept a director position shortly following college
graduation. However, the proposed rule strongly encourages school food
authorities to seek individuals with at least one year of management
experience, preferably in school nutrition programs, at all LEA sizes.
While the intent of this proposed regulation is to set a minimum
level of expertise in key school nutrition program positions, we
recognize that expectations must be reasonable and achievable,
particularly in rural or small LEAs. This concern was expressed
repeatedly by stakeholders who provided input at the public forums
described earlier in this preamble.
[[Page 6490]]
Accordingly, this rule proposes several different pathways for a
candidate to meet the educational requirement for all LEAs and seeks
comments on these proposed approaches as well as appropriate
alternatives.
Additionally, current directors indicated that some directors may
have responsibility for more than one small school food authority. One
potential solution for ensuring that school food authorities with
director position openings meet the proposed hiring standards is to
select an individual that will oversee more than one school food
authority. However, if a director is responsible for multiple school
food authorities, he/she would be required to comply with the
educational standards for the total enrollment of the LEAs he or she
oversees (e.g., for three LEAs with 4,000 students each, for a total
enrollment of 12,000, the school nutrition program director must meet
the proposed educational criteria for the 10,000-24,999 student
category). In this proposed rule, ``hire date'' is defined as the
official date listed on hiring paperwork. It may or may not be
equivalent to an employee's start date.
School Nutrition Program Directors With LEA Enrollment of 2,499
Students or Fewer
The proposed standards for this LEA size are based on information
from the public forums, as well as by the most recent results from the
fourth School Nutrition Dietary Assessment Study (SNDA-IV), conducted
during School Year 2011-12. According to this survey, 34 percent of
current directors in LEAs of this size possess an associate's degree or
higher. An additional 27 percent have completed some college without a
degree; however 27 percent only possess a high school diploma. As noted
above, this helped inform the decisions to both apply the educational
standards to new directors only, as well as propose alternate pathways
for hiring of directors in LEAs of this size. This is intended to
assist LEAs of very small size in achieving compliance with the
proposed standards.
Under proposed Sec. 210.30(b)(1)(i), school nutrition program
directors with an LEA enrollment of 2,499 students or fewer would be
required to possess one of the following at the time of hiring:
A bachelor's degree, or equivalent educational experience,
with an academic major or area of concentration in food and nutrition,
food service management, dietetics, family and consumer sciences,
nutrition education, culinary arts, business, or a related field;
A bachelor's degree, or equivalent educational experience,
in any academic major or area of concentration and a State-recognized
certificate in food and nutrition, food service management, dietetics,
family and consumer sciences, nutrition education, culinary arts, or
business (additional information on this educational attainment option
will be further clarified in guidance);
An associate's degree, or equivalent educational
experience, with an academic major or area of concentration in food and
nutrition, food service management, dietetics, family and consumer
sciences, nutrition education, culinary arts, business, or a related
field; and at least one year of relevant school nutrition program
experience; or
A high school diploma or equivalency (such as the general
educational development diploma), and at least five years of relevant
school nutrition program experience.
For this LEA size, and particularly in rural areas, it is suggested
and encouraged that if directors are hired without an associate's
degree, that the school food authority and/or the State agency train
these directors and encourage them to attain this degree within five
years--even if the manager has five or more years of experience. This
is intended to bolster the credential levels of school nutrition
program directors and enhance their practical experience with training
and formal academic instruction.
School Nutrition Program Directors With LEA Enrollment of 2,500 to
9,999 Students
According to SNDA-IV data on educational attainment for directors
in LEAs with an enrollment of 2,500 to 9,999 students, nearly 70
percent of current directors have an associate's, bachelor's or
graduate degree, and another 22 percent have some college. Therefore,
only 8 percent of current directors possess only a high school diploma.
Proposed Sec. 210.30(b)(1)(ii) would require that new directors in
this LEA size possess one of the following at the time of hiring:
A bachelor's degree, or equivalent educational experience,
with an academic major or area of concentration in food and nutrition,
food service management, dietetics, family and consumer sciences,
nutrition education, culinary arts, business, or a related field;
A bachelor's degree, or equivalent educational experience,
with any academic major or area of concentration, and a State-
recognized certificate in food and nutrition, food service management,
dietetics, family and consumer sciences, nutrition education, culinary
arts, or business (additional information on this educational
attainment option will be further clarified in guidance);
An associate's degree, or equivalent educational
experience, with an academic major or area of concentration in food and
nutrition, food service management, dietetics, family and consumer
sciences, nutrition education, culinary arts, business, or a related
field; and at least one year of relevant school nutrition program
experience.
School food authorities would be strongly encouraged to seek out
individuals who possess a bachelor's degree or higher in the fields
described above or individuals who are interested in pursuing a
bachelor's degree post-hire, in addition to at least one year of
relevant school nutrition program experience.
School Nutrition Program Directors With LEA Enrollment of 10,000 to
24,999 Students
According to SNDA-IV data on educational attainment for directors
in LEAs with an enrollment of 10,000 to 24,999 students, nearly 85
percent of current directors have a bachelor's or graduate degree.
Due to the increasing demands of a position in a LEA of this size,
yet in recognition of the diversity of backgrounds that provide
sufficient expertise for the director position, proposed Sec.
210.30(b)(1)(iii) would require that new directors possess one of the
following at the time of hiring:
A bachelor's degree, or equivalent educational experience,
with an academic major or area of concentration in food and nutrition,
food service management, dietetics, family and consumer sciences,
nutrition education, culinary arts, business, or a related field; or
A bachelor's degree, or equivalent educational experience,
with any academic major or area of concentration, and a State-
recognized certificate in food and nutrition, food service management,
dietetics, family and consumer sciences, nutrition education, culinary
arts, or business. Additional information on this educational
attainment option will be further clarified in guidance.
School food authorities would be strongly encouraged to seek out
individuals who possess or are willing to work toward a master's degree
with an academic major or area of concentration in fields noted
previously. Additionally, at least one year of management experience,
preferably in school nutrition, would be strongly recommended.
[[Page 6491]]
In order to better ensure that directors at this level, regardless
of which academic degree they have attained, are adequately educated in
the key areas of food service management and nutrition, school food
authorities would also be encouraged to seek individuals possessing at
least three credit hours at the university level in food service
management and at least three credit hours in nutritional sciences at
the time of hire.
School Nutrition Program Directors With LEA Enrollment of 25,000 or
More Students
According to SNDA-IV data on educational attainment for directors
in LEAs with an enrollment of 25,000 or more students, nearly 80
percent of current directors possess either a bachelor's or graduate
degree.
USDA considered several combinations of academic degrees,
credentialing and work experience for directors in LEAs with an
enrollment of 25,000 or more students. Ultimately, USDA determined that
for a director with the level of financial responsibility required for
a LEA of this size, the director must have a strong educational
background. Thus, the proposed rule at Sec. 210.30(b)(1)(iv) would
require that new directors possess one of the following:
A bachelor's degree, or equivalent educational experience,
with an academic major or area of concentration in food and nutrition,
food service management, dietetics, family and consumer sciences,
nutrition education, culinary arts, business, or a related field;
A bachelor's degree, or equivalent educational experience,
with any academic major or area of concentration, and a State-
recognized certificate in food and nutrition, food service management,
dietetics, family and consumer sciences, nutrition education, culinary
arts, or business (additional information on this educational
attainment option will be further clarified in guidance); or
A master's degree, or willingness to work towards a
master's degree (in an academic major or area of concentration as
described above), would be strongly preferred. While no prior level of
experience would be required, the proposed rule strongly encourages
school food authorities to seek individuals with at least one year of
management experience, preferably in school nutrition programs.
As with the criteria for directors in LEAs with enrollments of
10,000 to 24,999 students, school food authorities would also be
encouraged to seek individuals possessing at least three credit hours
at the university level in food service management and at least three
credit hours in nutritional sciences.
School Nutrition Program Directors of All LEA Sizes
Given the vulnerable population served by the school nutrition
programs, USDA believes knowledge of food safety is essential to
providing healthful and safe school meals. The proposed rule at Sec.
210.30(b)(1)(v) would require all new directors, regardless of LEA
size, to possess at least eight hours of food safety training within
three years prior to their starting date or complete such training
within 30 calendar days of the employee's starting date. A new director
may satisfy this training requirement by providing documentation of
training that was completed either during a past position or through a
food safety course or certificate program. Since the requirements set
forth in this proposed rule are minimum standards, acceptable time
frames for prior training may vary dependent upon State and/or local
health department rules and regulations. New hires must provide
sufficient documentation of any prior training.
The following chart summarizes the written requirements stated
above for school nutrition program directors, broken down by each of
the four LEA sizes:
Summary of School Nutrition Program Director Proposed Professional Standards by Local Educational Agency Size
----------------------------------------------------------------------------------------------------------------
Minimum requirements for Student enrollment Student enrollment Student enrollment Student enrollment
directors 2,499 or less 2,500-9,999 10,000-24,999 25,000 or more
----------------------------------------------------------------------------------------------------------------
Minimum Education Standards Bachelor's degree, Bachelor's degree, Bachelor's degree, Same requirements
(required) (new directors only). or equivalent or equivalent or equivalent as for 10,000-
educational educational educational 24,999.
experience, with experience, with experience, with
academic major or academic major or academic major or
concentration in concentration in concentration in
food and food and food and
nutrition, food nutrition, food nutrition, food
service service service
management, management, management,
dietetics, family dietetics, family dietetics, family
and consumer and consumer and consumer
sciences, sciences, sciences,
nutrition nutrition nutrition
education, education, education,
culinary arts, culinary arts, culinary arts,
business, or a business, or a business, or a
related field. OR. related field; OR. related field; OR.
Bachelor's degree, Bachelor's degree, Bachelor's degree,
or equivalent or equivalent or equivalent
educational educational educational
experience, with experience, with experience, with
any academic any academic any academic
major or area of major or area of major or area of
concentration, concentration, concentration,
and a State- and a State- and a State-
recognized recognized recognized
certificate in certificate in certificate in
food and food and food and
nutrition, food nutrition, food nutrition, food
service service service
management, management, management,
dietetics, family dietetics, family dietetics, family
and consumer and consumer and consumer
sciences, sciences, sciences,
nutrition nutrition nutrition
education, education, education,
culinary arts, or culinary arts, or culinary arts, or
business; OR. business; OR. business.
[[Page 6492]]
Associate's Associate's
degree, or degree, or
equivalent equivalent
educational educational
experience, with experience, with
academic major or academic major or
concentration in concentration in
food and food and
nutrition, food nutrition, food
service service
management, management,
dietetics, family dietetics, family
and consumer and consumer
sciences, sciences,
nutrition nutrition
education, education,
culinary arts, culinary arts,
business, or a business, or a
related field; related field;
and at least one and at least one
year of relevant year of relevant
school nutrition school nutrition
programs programs
experience; OR experience.
High school
diploma (or GED)
and 5 years of
relevant
experience in
school nutrition
programs.
Minimum Education Standards Directors hired Directors hired Master's degree, Master's degree,
(preferred) (new directors without an without a or willingness to or willingness to
only). associate's bachelor's degree work toward work toward
degree are strongly master's degree, master's degree,
strongly encouraged to preferred. preferred.
encouraged to work toward
work toward attaining
attaining bachelor's degree
associate's upon hiring.
degree upon
hiring.
At least one year At least one year
of management of management
experience, experience,
preferably in preferably in
school nutrition, school nutrition,
strongly strongly
recommended. recommended.
-------------------------------------------------------------------------------
At least 3 credit
hours at the
university level
in food service
management plus
at least 3 credit
hours in
nutritional
sciences at time
of hiring
strongly
preferred.
At least 3 credit
hours at the
university level
in food service
management plus
at least 3 credit
hours in
nutritional
sciences at time
of hiring
strongly
preferred.
----------------------------------------------------------------------------------------------------------------
Minimum Prior Training Standards At least 8 hours of food safety training is required either 3 years prior to
(required) (new directors only). their starting date or completed within 30 days of employee's starting date.
----------------------------------------------------------------------------------------------------------------
General Training/Education Requirements for Directors, Managers and
Staff
Section 7(g)(2) of the CNA, now requires the establishment of
training and certification for school food service personnel.
Stakeholders provided input on criteria for continuing education/
training, as well as related issues such as funding, ensuring access
for all employees to training opportunities, and supervisor tracking
and verifying that such training was completed by staff. Primary themes
were the importance of providing multiple paths, methods, and
technologies for meeting training requirements; the importance of
validating the existing training programs for this purpose; and
ensuring that cost, distance, and limited computer access do not
present significant barriers to those needing training.
Stakeholders also expressed concerns that FNS would be establishing
a certification or credentialing system, which is a more structured
program that typically requires a credentialing exam and leads to an
official credential. FNS has no intention of creating any type of
credentialing system. While currently in the early stages of planning
and development, FNS intends to instead create a certificate program to
acknowledge varying levels of training completed that will align with
the minimum required annual continuing education/training requirements
proposed in this regulation. This type of program would be more loosely
structured, and instead would only consist of recognition for various
levels of training. Some certificate levels would therefore be readily
obtained by meeting the minimum annual training requirements for school
nutrition
[[Page 6493]]
program staff, managers, and directors (e.g.. one level of recognition
once 15 cumulative training hours have been completed, potentially over
several years; and a second level of recognition after at least 30
hours of cumulative training completed).
Such a tiered approach would acknowledge those employees who meet
annual minimum training as well as more formally recognize those
employees who choose to increase their knowledge and expertise beyond
what is required for their positions. This could provide an opportunity
for school nutrition program staff, at all levels, to work toward and
achieve increased professional competency without enrollment in a
formal degree program.
FNS recognizes that some States have already developed their own
State certificate programs, as well. While a State certificate alone
would not replace the planned FNS certificate program discussed above,
annual continuing education/training hours obtained for the purposes of
a State certificate would be allowed to count toward training required
for the FNS certificate program.
The FNS certificate program would consist of four core areas:
Nutrition, operations, administration, and communications/marketing.
These core areas would include specific topics as required by Section
7(g)(1)(A) of the CNA. Additional training topics would be contingent
upon position title and/or job function. For instance, those in a
director position may need to receive additional training in: Menu
planning; standard operating procedures for ordering; receiving and
storage; purchasing procedures; compliance with accommodating children
with special dietary needs; communications with State agencies and
district authorities; the efficient and effective use of USDA foods;
and emergency management. Similarly, individuals who work as cooks/
servers in a food service area may need to receive training
specifically in receiving and storage, point of service cashiering,
food production, and serving food. It is anticipated that all school
nutrition programs staff positions that involve the handling of food
would receive food safety training.
Section 7(g)(1)(C) of the CNA, authorizes USDA to provide financial
and other assistance to one or more professional food service
management organizations to assist with the development and management
of training and certification. FNS is currently exploring additional
and ongoing collaboration with partners such as the National Food
Service Management Institute (NFSMI) to offer nationwide training
opportunities. It is FNS' intent that continuing education/training
would be undertaken in a variety of formats, including both virtual/
web-based and in-person sessions. Further, such training shall include
free or low-cost options for States and school food authorities.
Training would also be accepted from a wide variety of other
sources. Training provided by FNS, NFSMI, commercial vendors, academic
institutions, professional associations, or provided in-house by the
State or LEA are examples of some potentially acceptable sources. As
noted above, training could be conducted both online (webinars,
interactive online sessions, etc) and in-person (public speakers, in-
service trainings, attendance at a class or seminar). Additionally,
training conducted by a director or manager for his/her staff would be
creditable toward part of his/her own annual education/training
requirement. The flexibility offered to directors at the local level to
count training conducted toward their annual training requirement is in
recognition of limited resources and time at the local level, as well
as overlapping training needs for directors, managers and staff.
Therefore, School Nutrition Program directors would gain knowledge and
insight necessary for their positions as they prepare for and conduct
trainings for staff.
Minimum Required Annual Continuing Education/Training for School
Nutrition Program Directors
Section 7(g)(1)(A) of the CNA requires training and certification
for all school nutrition program directors. Stakeholders participating
as noted above, universally agreed that it is critical for school
nutrition program directors to continue to engage in education and
training beyond their first year of employment, in order to be informed
of the most current practices and regulations, enhance skills, and
refresh an existing knowledge base.
The proposed Sec. 210.30(b)(3) would require that each school year
beginning with the first year of hire or July 1, 2015, whichever is
later, each school nutrition program director complete at least 15
hours of annual continuing education/training in topics including
administrative practices (including training in application,
certification, verification, meal counting, and meal claiming
procedures) and any other topics determined by FNS. This required
continuing education/training is in addition to the food safety
training, required in the first year of employment only, described
above.
Proposed Continuing Education/Training Standards for School Nutrition
Program Managers
Section 7(g)(2)(A) of the CNA, as amended, requires that each
school food authority must ensure that an individual conducting or
overseeing administrative procedures receives training annually, unless
determined otherwise by the Secretary. School nutrition program
managers include those individuals directly responsible for the
management of the day-to-day operations of school food service for a
participating school(s). This same definition is applicable whether or
not an SFA is operated by a food service management company.
Therefore, proposed Sec. 210.30(c) would require that each school
year beginning with the first year of hire, each school nutrition
program manager complete at least 12 hours of annual continuing
education/training, or as otherwise specified by FNS. Continuing
education would include topics such as: Administrative practices
(including training in application, certification, verification, meal
counting, and meal claiming procedures); the identification of
reimbursable meals at the point of service, nutrition, health and
safety standards; and other topics, as specified by FNS.
Proposed Continuing Education/Training Standards for School Nutrition
Program Staff
Section 7(g)(2)(B) of the CNA imposes requirements for local
nutrition personnel to complete annual training/certification to
demonstrate competence in the areas covered by the training.
Proposed Sec. 210.30(d) would require that, for each school year,
school nutrition program staff (other than the director and managers)
who work an average of at least 20 hours per week, complete at least
eight hours of continuing education/training applicable to their job.
Continuing education would include topics such as: Free and reduced
price eligibility; application, certification, and verification
procedures; the identification of reimbursable meals at the point of
service; nutrition, health and safety standards; and other topics, as
specified by FNS.
FNS recognizes that many school nutrition programs staff may work
part-time. Staff that work an average of 20 hours or more per week are
involved in food service area activities at a substantial enough level
to require a minimum of 8 hours of annual education/training. However,
we recognize that this much training may
[[Page 6494]]
be burdensome for staff working fewer than 20 hours, on average, per
week. While we strongly encourage all staff, whether part-time or full
time, to receive a minimum of 8 hours of annual continuing education/
training, the required training hours for staff working an average of
less than 20 hours per week should be proportional to the number of
hours worked. FNS seeks comments that specifically pertain to
requirements for part time staff.
Summary of Proposed Required Minimum Training/Education Standards, for
All LEA Sizes
------------------------------------------------------------------------
------------------------------------------------------------------------
New and Current Directors.............. Each year, at least 15 hours of
annual continuing education/
training.
Includes topics such as:
administrative
practices (including
training in application,
certification,
verification, meal
counting, and meal claiming
procedures).
any other
appropriate topics as
determined by FNS.
This required continuing
education/training is in
addition to the food safety
training required in the first
year of employment.
New and Current Managers............... Each year, at least 12 hours of
annual continuing education/
training.
Includes topics such as:
administrative
practices (including training
in application, certification,
verification, meal counting,
and meal claiming procedures).
the identification
of reimbursable meals at
the point of service.
nutrition, health
and safety standards
other topics, as
specified by FNS
New and Current Staff (other than the Each year, at least 8 hours of
director and managers) that work an annual continuing education/
average of at least 20 hours per week. training.
Includes topics such as:
free and reduced
price eligibility.
application,
certification, and
verification procedures.
the identification
of reimbursable meals at
the point of service.
nutrition, health
and safety standards.
other topics, as
specified by FNS.
------------------------------------------------------------------------
Use of School Nutrition Program Funds for Training Costs
Providing training to school nutrition program staff is an
allowable use of the nonprofit school food service account. Proposed
Sec. 210.30(f) would require that any costs associated with training
be reasonable, allocable, and necessary in accordance with the cost
principles set forth in 2 CFR part 225, Cost Principles for State,
Local, and Indian Tribal Governments (OMB Circular A-87). However, the
proposed rule would specifically exclude as an allowable cost, any
costs incurred by an individual to meet the educational criteria
necessary to be hired as a new school nutrition program director, as
proposed in Sec. 210.30(b)(1). For example, the school food authority
cannot use nonprofit school food service account funds to pay the costs
of an existing employee to take college-level classes.
Proposed Sec. 210.30(f) would also exclude as an allowable cost
any cost associated with obtaining college credits. This does not
preclude obtaining training hours through a college or university;
however, the earning of college credits is not considered a reasonable
and necessary expense for these proposed professional standards and
thus cannot be funded with nonprofit school food service account
dollars.
FNS, in cooperation with other organizations and entities, intends
to provide education/training to meet the needs of most of the proposed
training requirements. We are confident that State agencies and school
food authorities will also be offering training opportunities;
therefore, there will be a limited need to seek additional outside
sources for education/training.
School Food Authority Oversight
Proposed Sec. 210.30(g) would require each school food authority
to maintain a recordkeeping system that annually documents compliance
with the professional standard requirements for all school nutrition
program employees. Documentation must be adequate to support to the
State's satisfaction during administrative reviews, that employees are
meeting the minimum professional standards. At a minimum, the school
food authority would review employee education/training progress
periodically throughout the year and certify employee compliance no
later than the end of each school year. FNS encourages school food
authorities to review and certify employee education/training on a more
frequent basis. FNS expects to provide prototype tools that will assist
school food authorities in maintaining this recordkeeping system.
Current regulations at Sec. 210.15, Reporting and recordkeeping,
summarize school food authority reporting and recordkeeping
requirements. In order to participate in the NSLP and SBP, a school
food authority must maintain records to demonstrate compliance with
Program requirements. This proposed rule would add professional
standards recordkeeping requirements to the recordkeeping summary set
forth in paragraph (b) of this section.
Program regulations at Sec. 210.18, Administrative review,
requires State agencies to conduct administrative reviews of school
food authorities once every three years. The administrative review
covers critical and general areas of review. This proposed rule would
amend Sec. 210.18(h) to add professional standards to the general
areas scope of review. Specifically, the State agency would be required
to ensure that the school food authority complies with the professional
standards for school nutrition program directors, managers and
personnel established in Sec. 210.30.
School Nutrition Program Professional Standards (State Directors)
Section 7(g)(1)(b) of the CNA, now requires the Secretary to
establish criteria and standards for States to use in the selection of
State agency directors with responsibility for the NSLP and the SBP.
Therefore, this proposed rule would amend 7 CFR part 235, State
administrative expense funds.
Proposed Sec. 235.11(b)(2)(vi) would require that State agencies
meet the professional standards and criteria described below under
Hiring Standards for State Directors of School Nutrition. This proposed
rule would establish criteria and standards for the hiring of
individuals as State agency directors and would therefore apply only to
those State agency directors hired after July 1, 2015. Incumbents would
not be affected. However, annual continuing education/
[[Page 6495]]
training is proposed to apply to all current and new State directors of
school nutrition, as well as State directors of distributing agencies.
Hiring Standards for State Directors of School Nutrition
Proposed Sec. 235.11(g)(1) would require that beginning July 1,
2015, all new State directors of school nutrition (commonly referred to
as State Child Nutrition Directors) with responsibility for the
administration of the NSLP and SBP must meet minimum hiring standards.
Under proposed Sec. 235.11(g)(1)(i), new hires would be required
to possess a bachelor's degree with an academic major in areas
including food and nutrition, food service management, dietetics,
family and consumer sciences, nutrition education, culinary arts,
business, or a related field.
Proposed Sec. 235.11(g)(1)(ii) would require new directors to
possess extensive relevant knowledge and experience in areas such as
institutional food service operations, management, business, and/or
nutrition education. FNS highly recommends that State directors of
school nutrition programs have experience in three or more of these
four areas. FNS anticipates offering additional guidance to assist
hiring authorities in ensuring that candidates possess an adequate
level of expertise in these areas.
Proposed Sec. 235.11(g)(1)(iii) would require new directors to
possess additional abilities and skills needed to lead, manage and
supervise people to support the mission of school nutrition programs.
More specifically, directors should be able to: work with team members
to set, prioritize, and achieve objectives; guide the resolution of
problems; make decisions analytically and strategically; speak and
write clearly, concisely, and persuasively; communicate effectively
with individuals and groups; analyze complex data and situations;
interpret Federal and State regulations and establish policies and
procedures to effectively implement them statewide; manage child
nutrition administrative budget and plans; develop and make
presentations; plan and organize work assignments for oneself and
others including program compliance requirements; practice efficient
self-management techniques; work effectively in a team environment and
with all levels of employees in an organization; build positive
internal and external working relationships; and use word processing,
power point and similar software.
Proposed Sec. 235.11(g)(1)(iv) identifies several criteria that
are strongly preferred, but not required. This is in recognition of the
fact that USDA is setting only minimum professional standards; however
additional requirements are desirable and are suggested for
consideration. For example, this proposed regulation recommends that
new hires possess a master's degree with an academic major in the areas
discussed above; at least five years of experience leading people in
successfully accomplishing major multi-faceted projects related to
child nutrition and/or institutional foodservice management; and
professional certification (such as SNS, RD, etc.) in food and
nutrition, food service management, school business management, or a
related field as determined by FNS.
Hiring Standards for State Directors of Distributing Agencies
USDA has discretion under section 7(g) of the CNA as amended, to
apply professional standards requirements to State directors of
distributing agencies responsible for overseeing State food
distribution activities authorized under 7 CFR part 250. The
application of such standards is intended to ensure that State
directors maintain a minimum required skill level to effectively
distribute and utilize USDA food products in school nutrition programs.
Such skills are necessary in order to manage and integrate this
significant portion of Child Nutrition assistance. Recent changes to
the school meal nutrition standards require support and expertise from
State directors to ensure that food provided to SFAs complements the
more in-depth meal pattern requirements (e.g. whole grain-rich
products, vegetable subgroups, etc.).
Therefore, proposed Sec. 235.11(g)(2) would require that beginning
July 1, 2015, all new State agency directors with responsibility for
the distribution of USDA donated foods in 7 CFR part 250 must meet
minimum hiring standards. This would apply to all new State directors
of distributing agencies, regardless of whether or not the director
also has responsibility for the State school nutrition programs.
Under proposed Sec. 235.11(g)(2)(i), new State agency directors
would be required to possess a bachelor's degree with an academic major
in any area. Recognizing that the responsibilities of State directors
of distributing agencies are more variable than those of directors
responsible for school nutrition programs, specific academic majors are
not required, therefore, education attained in a variety of fields is
acceptable for this position.
Proposed Sec. 235.11(g)(2)(ii) would require new directors to
possess extensive relevant knowledge and experience in areas such as
institutional food service operations, management, business, and/or
nutrition education. However, unlike the standards for directors of
school nutrition, FNS is not recommending that directors of
distributing agencies have experience in a specific number of these
areas.
Proposed Sec. 235.11(g)(2)(iii) would require new directors to
possess additional abilities and skills needed to lead, manage and
supervise people to support the mission of school nutrition programs.
More specifically, directors should be able to: work with team members
to set, prioritize and achieve objectives; guide the resolution of
problems; make decisions analytically and strategically; speak and
write clearly, concisely and persuasively; communicate effectively with
individuals and groups; analyze complex data and situations; interpret
Federal and State regulations and establish policies and procedures to
effectively implement them statewide; manage administrative budget and
plans; develop and make presentations; plan and organize work
assignments for oneself and others including program compliance
requirements; practice efficient self-management techniques; work
effectively in a team environment and with all levels of employees in
an organization; build positive internal and external working
relationships; and use word processing, spreadsheet, and presentation
creations or similar software.
Proposed Sec. 235.11(g)(2)(iv) identifies an additional criterion
that is strongly preferred, but not required. This proposed regulation
recommends that new hires possess at least five years of experience in
institutional food service operations.
Minimum Annual Continuing Education/Training Standards
Proposed Sec. 235.11(g)(3) would require that each school year,
all State agency directors with responsibility for the NSLP and SBP, as
well as those responsible for the distribution of USDA donated foods in
schools under part 250 of this chapter, must complete a minimum of 15
hours of continuing education/training in core areas appropriate to the
areas of responsibility and may include: nutrition, operations,
administration, and communications/marketing. Any additional hours and
topics would be specified by FNS on an annual basis, as necessary.
[[Page 6496]]
During discussions with existing directors of both school nutrition
and distributing agencies, annual continuing education/training was
universally supported.
Similar to the required annual education/training for school
nutrition program directors, managers and staff, training taken by
State directors will also be accepted from a wide variety of other
sources. Training provided by FNS, NFSMI, commercial vendors, academic
institutions, or professional associations are examples of some
acceptable sources. As noted above, training can be conducted online
(webinars, interactive online sessions, etc.) and/or in-person (public
speakers, in-services, attendance of a class or seminar). Additionally,
training required under the proposed Child Nutrition integrity rule,
which would require annual training hours in procurement, would also
count toward the proposed annual requirement discussed here. However,
training that is conducted by a State director may not be credited
toward part of his/her own annual education/training requirement. This
is to ensure that State directors are being trained in areas they may
not yet already be proficient in, and to recognize that they have
training needs that are unique from the needs of School Food Authority-
level staff. For instance, much of State director training would relate
to requirements from USDA. The flexibility offered to directors at the
local level to count training conducted toward their annual training
requirement is in recognition of limited resources and time at the
local level, as well as overlapping training needs for directors,
managers and staff. Therefore, school nutrition program directors will
gain knowledge and insight necessary for their positions as they
prepare for and conduct trainings for staff.
Use of Funds for Training
Proposed Sec. 235.6(a-1) would be amended to allow State agencies
to utilize State administrative expense funds specifically for the
purposes of their own State director annual continuing education/
training, but not to obtain college credits.
Provision of Annual Training
Proposed Sec. 235.11(g)(4)(i) would require each State agency with
responsibility for the NSLP and SBP to annually provide a minimum of 18
hours of training to school food authorities (applicable to any or all
staff) and local educational agencies, as applicable. Training topics
would include, but not be limited to: administrative practices
(including training in application, certification, verification, meal
counting, and meal claiming procedures); the accuracy of approvals for
free and reduced price meals; the identification of reimbursable meals
at the point of service; nutrition; health and food safety standards;
the efficient and effective use of USDA donated foods; and any other
appropriate topics, as determined by FNS, to ensure program compliance
and integrity.
Proposed Sec. 235.11(g)(4)(ii) would require each State agency
with responsibility for the distribution of USDA donated foods under
part 250 of this chapter to provide or ensure receipt of continuing
education/training to State distributing agency staff on an annual
basis. Topics may include the efficient and effective use of USDA
donated foods; inventory rotation and control; health and food safety
standards; and any other appropriate topics, as determined by FNS, to
ensure program compliance and integrity.
Because State agencies already conduct training and attend
trainings, there is no additional administrative burden associated with
this proposed rule. FNS anticipates there being a high level of
flexibility for States in meeting this proposed requirement. State-
provided training is an approved use of State administrative expense
funds, and a variety of formats, including print, web-based, and in-
person, could be used. State
