DEPARTMENT OF EDUCATION

14 DE Admin. Code 852

Statutory Authority: 14 Delaware Code, Section 220 (14 Del.C. §220)

Education Impact Analysis Pursuant to 14 Del.C. §122(d)

852 Child Nutrition

PROPOSED

A. Type of Regulatory Action Required

Amendment to Existing Regulation

B. Synopsis of Subject Matter of the Regulation

The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 852 in order to add the appropriate references to the federal legislation concerning nutrition standards and to correct the grammar.

C. Impact Criteria

1. Will the regulation help improve student achievement as measured against state achievement standards? The regulation and the amendments address child nutrition which has an impact on student achievement.

2. Will the regulation help ensure that all students receive an equitable education? The amended regulation addresses child nutrition not equity issues.

3. Will the regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation contributes to student health.

4. Will the regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses child nutrition not students’ legal rights.

5. Will the regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation will preserve the necessary authority and flexibility of decision making at the local board and school level.

6. Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation will not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated will remain in the same entity.

8. Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies

9. Is there a less burdensome method for addressing the purpose of the regulation? There is no less burdensome method for addressing the purpose of the regulation.

10. What is the cost to the State and to the local school boards of compliance with the regulation? There is no additional cost to the State and to the local school boards of compliance with the regulation.

852 Child Nutrition

1.0 Each school district shall have a Child Nutrition Policy which at a minimum shall provide that:

1.1 Meals served to children will be are nutritious and well balanced as defined by USDA 7CFR Part 210.10 Nutrition Standards for Lunches and Menu Planning Methods and USDA 7CFR Part 220.8 Nutrition Standards for Breakfast and Menu Planning Alternatives.

1.2 The foods sold in addition to meals be are selected to promote healthful eating habits and exclude those foods of minimal nutritional value as defined by the Food and Nutrition Service, USDA 7 CFR Part 210, Appendix B.

1.3 Purchasing practices ensure the use of quality products.

1.4 Students have adequate time to eat breakfast and lunch.

1.5 Nutrition education be an integral is part of the curriculum from preschool to twelfth grade.

1.6 Food service personnel use training and resource materials developed by the Department of Education and the United States Department of Agriculture to motivate children in selecting healthy diets.

8 DE Reg. 224 (8/1/04)