DEPARTMENT OF EDUCATION

Office of the Secretary

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

14 DE Admin. Code 852

PROPOSED

PUBLIC NOTICE

Education Impact Analysis Pursuant To 14 Del.C. Section 122(d)

852 Child Nutrition

A. Type of Regulatory Action Required

Repealing of Existing Regulation

B. Synopsis of Subject Matter of the Regulation

The Secretary of Education intends to repeal 14 DE Admin. Code 852 Child Nutrition. This regulation is being repealed as it is outdated and determined to be no longer needed. Districts and charter schools participating in these child nutrition programs are required to follow federal law governing these programs (Healthy, Hunger-Free Kids Act of 2010, 42 U.S.C. § 1751, et seq.). This federal law creates a high standard for program requirements that exceed the current regulation.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before January 7, 2017 to Tina Shockley, Education Associate, Department of Education, Regulatory Review, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation may be viewed online at the Registrar of Regulation’s website, http://regulations.delaware.gov/services/current_issue.shtml, or obtained at the Department of Education, Finance Office, located at the address listed above.

C. Impact Criteria

1. Will the amended regulation help improve student achievement as measured against state achievement standards? This regulation is being repealed as districts and charter schools currently abide by the requirements within the Healthy, Hunger Free Kids Act of 2010.

2. Will the amended regulation help ensure that all students receive an equitable education? This regulation is being repealed as districts and charter schools currently abide by the Healthy, Hunger Free Kids Act of 2010.

3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? This regulation is being repealed as districts and charter schools currently abide by the Healthy, Hunger Free Kids Act of 2010.

4. Will the amended regulation help to ensure that all students’ legal rights are respected? This regulation is being repealed as districts and charter schools currently abide by the Healthy, Hunger Free Kids Act of 2010.

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? This regulation is being repealed as districts and charter schools currently abide by the Healthy, Hunger Free Kids Act of 2010.

6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? This regulation is being repealed as districts and charter schools currently abide by the Healthy, Hunger Free Kids Act of 2010.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? This regulation is being repealed as districts and charter schools currently abide by the Healthy, Hunger Free Kids Act of 2010.

8. Will the amended 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? This regulation is being repealed as districts and charter schools currently abide by the Healthy, Hunger Free Kids Act of 2010.

9. Is there a less burdensome method for addressing the purpose of the regulation? This regulation is being repealed as districts and charter schools currently abide by the Healthy, Hunger Free Kids Act of 2010.

10. What is the cost to the State and to the local school boards of compliance with the regulation? This regulation is being repealed as districts and charter schools currently abide by the Healthy, Hunger Free Kids Act of 2010.

852 Child Nutrition

1.0 Required Policy

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

1.1 Meals served to children 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 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 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.

(11/15/16) *Note: Healthy, Hunger-Free Kids Act of 2010, 42 U.S.C. § 1751, et seq. governs these programs.

3 DE Reg. 524 (10/01/99)

8 DE Reg. 540 (10/01/04)

20 DE Reg. 405 (12/01/16) (Prop.)