department of education
Office of the Secretary
731 School Food Service Employees
REGULATORY IMPLEMENTING ORDER
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 regulation was reviewed pursuant to the five-year review cycle. The amendments were limited to formatting only.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on Friday, April 2, 2010, in the form hereto attached as Exhibit "A". No comments were received for this regulation.
II. FINDINGS OF FACTS
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 731 School Food Service Employees to review as part of the five-year cycle. The amendments were limited to formatting only.
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 May 16, 2010. 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 16th day of May 2010.
DEPARTMENT OF EDUCATION
Lillian M. Lowery, Ed.D., Secretary of Education
Approved this 16th day of May 2010
731 School Food Service Employees
School food service employees may be granted one (1) year's 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 baker. Satellite schools are eligible for state funded positions as set forth in 14 Del.C. §1322(c).
3.1 The salaries prescribed in 14 Del.C. §1322(e) 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:
184.108.40.206 Total number of reimbursable lunches served in the base month; plus
220.127.116.11 Total number of reimbursable breakfasts served in the base month; plus
18.104.22.168 Total of all other meals served in the base month determined by aggregating all income.
22.214.171.124.1 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 will 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 to determine the number of meals served according to the state formula.
13 DE Reg. 1537 (06-01-10) (Final)