DEPARTMENT OF EDUCATION
Office of the Secretary
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
School food service employees may be granted one (1) year's year of experience for each creditable year of experience in similar employment.
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).
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:
188.8.131.52 Total number of reimbursable lunches served in the base month; plus
184.108.40.206 Total number of reimbursable breakfasts served in the base month; plus
220.127.116.11 Total of all other meals served in the base month determined by aggregating all income.
18.104.22.168.1 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.