DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 731

FINAL

REGULATORY IMPLEMENTING ORDER

731 School Food Service Employees

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

The Secretary of Education intends to amend 14 DE Admin. Code 731 School Food Service Employees. The Department of Education reviewed this and other regulations which were four years or older as part of the 2016 Regulation Review as required by 29 Del.C. §10407. While no public comment was received for this regulation, Delaware Department of Education staff reviewed the regulation per the required five year review cycle. A few minor edits were made for the purpose of clarification and continuity with other regulations.

Notice of the proposed regulation was published in the News Journal and Delaware State News on February 1, 2017, in the form hereto attached as Exhibit "A". No comments were received.

II. FINDINGS OF FACTS

The Secretary finds that it is appropriate to amend 14 DE Admin. Code 731 School Food Service Employees in order to make a few minor edits for the purposes of clarification and continuity with other regulations.

III. DECISION TO AMEND THE REGULATION

For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 731 School Food Service Employees. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 731 School Food Service Employees attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 731 School Food Service Employees hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.

IV. TEXT AND CITATION

The text of 14 DE Admin. Code 731 School Food Service Employees amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 731 School Food Service Employees in the Administrative Code of Regulations for the Department of Education.

V. EFFECTIVE DATE OF ORDER

The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on March 23, 2017. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.

IT IS SO ORDERED the 23rd day of March 2017.

Department of Education

Susan S. Bunting, Ed.D., Secretary of Education

Approved this 23rd day of March 2017

731 School Food Service Employees

1.0 Experience

School food service employees may be granted one (1) year's year of experience for each creditable year of experience in similar employment.

2.0 Determination of Employee Staffing and Formula

2.1 School districts shall determine the salaries paid to cafeteria workers as follows:

2.1.1 Of the total number of full time workers assigned to a food preparing cafeteria, a maximum of two may be paid as a cook and baker. Satellite schools are eligible for state State funded positions as set forth in 14 Del.C. §1322 (c)(a).

8 DE Reg. 1608 (05/01/05)

3.0 Salary Formula

3.1 The salaries prescribed in 14 Del.C. §1322(e)(c) for general workers, cooks and bakers shall be paid by the State from funds not derived from local food service operations as determined by the formula:

3.1.1 Seven (7) hours of labor per 100 meals determined as follows:

3.1.1.1 Total number of reimbursable lunches served in the base month; plus

3.1.1.2 Total number of reimbursable breakfasts served in the base month; plus

3.1.1.3 Total of all other meals served in the base month determined by aggregating all income.

3.1.1.3.1 The number of meals prepared and served shall be based on the average reported for the month of October on the monthly reimbursement claim.

3.2 Each school district shall submit to the Department of Education a computation sheet for cafeteria workers with data showing hourly rate and hours worked not to exceed the maximum allowed under state formula.

3.3 Each school district shall submit a roster of cafeteria managers to the Department of Education showing names of managers and the salaries prescribed in 14 Del.C. §1322(a). Each district shall also submit a computation sheet as prescribed by the Department of Education to determine the number of meals served according to the state formula.

3 DE Reg. 1542 (05/01/00)

8 DE Reg. 1608 (05/01/05)

13 DE Reg. 1537 (06/01/10)

20 DE Reg. 803 (04/01/17) (Final)