Summary of Proposed Professional Standards for State and Local School Nutrition Programs Personnel

Prepared for the School Nutrition Association by Barnes & Thornburg LLP

February 11, 2014

On February 4, 2014 the Food and Nutrition Service (“FNS”) of the U.S. Department of Agriculture issued a Proposed Rule for Professional Standards for State and Local School Nutrition Programs Personnel, pursuant to the requirements of Section 306 of the Healthy, Hunger-Free Kids Act of 2010 (HHFKA).1 This memo summarizes the provisions of the Proposed Rule. Tables listing the certain of the requirements of the Proposed Rule for Minimum Education Standards for Program Directors and Minimum Continuing Education standards for all school food service staff are attached as Exhibits A and B. In addition, the Proposed Rule is compared to the recommended National Professional Standards for School Nutrition Program Personnel as approved by the Board of Directors of the School Nutrition Association on October 15, 2009 (copy attached as Exhibit C).

The proposed rule implements four directives from the HHFKA: (1) mandatory minimum education, training and certification requirements for school nutrition directors; (2) annual training and certification requirements for local nutrition personnel (including administrative personnel); (3) criteria and standards for the selection of state agency directors with responsibility for the National School Lunch Program (“NSLP”) and the School Breakfast Program (“SBP”); and (4) mandatory state-provided annual training of local educational agency and school nutrition personnel in administrative practices under the NSLP and SBP.

The requirements of the Proposed Rule will not take effect until July 1, 2015. None of the education and experience qualifications (hiring requirements) will apply to current personnel or to persons hired in 2014 or the first half of 2015. The hiring and qualification requirements will only apply to persons hired on or after July 1, 2015. However, the continuing training requirements will apply to all personnel beginning on July 1, 2015.

School Nutrition Program Directors

The Proposed Rule contains a new definition of “school nutrition program directors” as “individuals directly responsible for the management of the day-to-day operations of school food service” for participating schools under each local school food authority. All school nutrition program directors hired on or after July 1, 2015 would be required to have the minimum educational and training requirements set forth in Exhibit A. The requirements vary according to the size of the school population under the program director’s authority. Briefly, for school enrollment above 10,000, new directors must have either a bachelor’s degree (or equivalent) with an academic concentration in a

1 79 Federal Register 6488-6105 (February 4, 2014)(https://federalregister.gov/a/2014-02278). 1 related field of study2 or a bachelor’s degree (or equivalent) with any academic major and a “state- recognized certificate” in one of the permitted fields of study. For school enrollments of 2500 to 9999, an associate’s degree (or equivalent) in one of the related fields of study or an associate’s degree in any field of study with at least one year of school nutrition program experience is the minimum requirement. For school enrollments of less than 2500, a high school diploma or GED and five years of school nutrition program experience is the minimum requirement.

The Proposed Rule also specifies preferred qualifications that are not mandatory, but would be taken into consideration in new hires. For enrollments above 10,000, the preferred qualifications are a master’s degree or “willingness to work toward a master’s degree,” at least one year of management experience and at least three credit hours at the university level in both food services management and nutritional sciences. For enrollments between 2500 and 9999, a bachelor’s degree or “willingness to work toward” a bachelor’s degree is preferred, but there is no preference for prior management experience or specific credit hours in related fields. For enrollments below 2500, the preference is an associate’s degree or “willingness to work toward” such a degree, but again with no management experience or specific credit hours requirement.

For all newly hired school food service directors, there is a requirement of at least 8 hours of food safety training within a period of time starting three years before hire and ending 30 days after hire. he Proposed Rule does not contain minimum hiring standards for any other school food authority staff.

Continuing Education Standards for All Staff

Continuing education is required for all staff “with responsibility for school nutrition programs” that work an average of at least 20 hours per week, including administrative staff. This includes both current and new school nutrition program directors, current and new managers and other staff. Required training for persons working less than 20 hours per week would be “proportional to the number of hours worked.”

New and current program directors must have at least 15 hours of annual continuing education, in addition to the food safety training requirement that is part of the minimum hiring standard. “Managers” are defined in the Proposed Rule as “individuals directly responsible for the management of the day-to-day operations of school food service” for one or more individual schools. Managers are required to have at least 12 hours of annual continuing education. Program staff or “Staff” is defined as any person “involved in day-to-day operations of school food service” at one or more schools who are “without managerial responsibilities.” Staff working more than 20 hours per week must have at least 8 hours of annual continuing education. Costs associated with the annual training are reimbursable.

The Proposed Rule is very broad and non-specific concerning the providers of annual continuing annual education training and the subject matter of the training. For each category (directors, managers and staff) the subject matter includes “administrative practices” as well as any other topics to be “determined by [USDA’s Food & Nutrition Service].” The manager level also includes training on “identification of reimbursable meals, nutrition, [and] health and safety standards.” The staff level includes the same content as managers, plus “free and reduced price eligibility.” In short, there is a

2 The related fields of academic concentration allowed are: food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a “related field.” 2 strong emphasis on training in the applicable regulations and perhaps less emphasis on nutrition and food safety, and the topics to be covered are subject to addition of whatever is determined as appropriate from time to time by FNS.

The Proposed Rule itself does not specify what agencies or organizations are to provide the required annual training. However, the commentary to the Proposed Rule indicates that “training would be accepted from a wide variety of sources,” including at least the FNS itself, NFSMI, commercial vendors, academic institutions, professional associations or in-house by the state agency. There is no specific mention of SNA’s professional education and certification programs.

State Agency Professional Standards

The proposed rule contains hiring standards and continuing education requirements for state agency heads. State directors of school nutrition programs and state directors of distributing agencies hired after July 1, 2015 would be required to have bachelor’s degrees, “extensive relevant knowledge and experience” in institutional food service, operations, management, business and/or nutrition education (preferably in at least three of these areas), and additional leadership and management skills related to child nutrition. State directors would need a degree with concentration in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business or a related field. In addition, a master’s degree, five years of experience and professional certification is “strongly preferred” for state agency directors and five years of experience is “strongly preferred” for state directors of distributing agencies.

All state agency directors would be required to have fifteen hours of annual training and education in nutrition, operations, administration, communications and marketing, plus such additional topics and additional hours as may be specified by the FNS from time to time. Again, there is no specification regarding the source(s) of such training and FNS would have considerable discretion in imposing requirements.

State Agency Provided Training

Under the Proposed Rule, each state agency must provide a minimum of 18 hours of annual training to “school food authorities” and state distribution agencies. The topics include administrative practices (“application, certification, verification, meal counting and meal claiming procedures”), “accuracy of approvals for free and reduced price meals,” “the identification of reimbursable meals at the point of service,” nutrition, health and food safety, “efficient use of USDA donated foods,” and any other topics designated by FNS “to ensure program compliance and efficiency.”

SNA did not recommend any similar state agency provided training programs.

3 Exhibit A Summary of School Nutrition Program Director Proposed Professional Standards by Local Educational Agency Size

Minimum Student Enrollment Student Enrollment Student Enrollment Student Enrollment Requirements for 2,499 or less 2,500-9,999 10,000-24,999 25,000 or more Directors Minimum Bachelor’s degree, or Bachelor’s degree, or Bachelor’s degree, or Same requirements as for Education equivalent educational equivalent educational equivalent educational 10,000-24,999 Standards experience, with academic experience, with academic experience, with academic (required) major or concentration in major or concentration in major or concentration in (new directors food and nutrition, food food and nutrition, food food and nutrition, food only) service management, service management, service management, dietetics, family and dietetics, family and dietetics, family and consumer sciences, consumer sciences, consumer sciences, nutrition education, culinary nutrition education, culinary nutrition education, culinary arts, business, or a related arts, business, or a related arts, business, or a related field. field; field;

OR OR OR

Bachelor’s degree, or Bachelor’s degree, or Bachelor’s degree, or equivalent educational equivalent educational equivalent educational experience, with any experience, with any experience, with any academic major or area of academic major or area of academic major or area of concentration, and a State- concentration, and a State- concentration, and a State- recognized certificate in recognized certificate in recognized certificate in food and nutrition, food food and nutrition, food food and nutrition, food service management, service management, service management, dietetics, family and dietetics, family and dietetics, family and consumer sciences, consumer sciences, consumer sciences, nutrition education, culinary nutrition education, culinary nutrition education, culinary arts, or business; arts, or business; arts, or business.

OR OR

Associate’s degree, or Associate’s degree, or equivalent educational equivalent educational experience, with academic experience, with academic major or concentration in major or concentration in food and nutrition, food food and nutrition, food service management, service management, dietetics, family and dietetics, family and consumer sciences, consumer sciences, nutrition education, culinary nutrition education, culinary arts, business, or a related arts, business, or a related field; and at least one year field; and at least one year of relevant school nutrition of relevant school nutrition programs experience; programs experience.

OR

High school diploma (or GED) and 5 years of relevant experience in school nutrition programs.

4 Minimum Directors hired without an Directors hired without a Master’s degree, or Master’s degree, or Education associate’s degree are bachelor’s degree strongly willingness to work toward willingness to work toward Standards strongly encouraged to encouraged to work toward master’s degree, preferred. master’s degree, (preferred) work toward attaining attaining bachelor’s degree preferred. (new directors associate’s degree upon upon hiring. only) hiring. At least one year of At least one year of management experience, management experience, preferably in school preferably in school nutrition, strongly nutrition, strongly recommended. recommended.

At least 3 credit hours at the At least 3 credit hours at university level in food the university level in food service management plus at service management plus least 3 credit hours in at least 3 credit hours in nutritional sciences at time nutritional sciences at time of hiring strongly preferred. of hiring strongly preferred. Minimum Prior At least 8 hours of food safety training is required either 3 years prior to their starting date or completed within 30 days of Training employee’s starting date. Standards (required) (new directors only)

Exhibit B Summary of Proposed Required Minimum Training/Education Standards, for All LEA Sizes

New and Current Directors Each year, at least 15 hours of annual continuing education/training.

Includes topics such as: administrative practices (including training in application, certification, verification, meal counting, and meal claiming procedures) any other appropriate topics as determined by FNS.

This required continuing education/training is in addition to the food safety training required in the first year of employment.

New and Current Managers Each year, at least 12 hours of annual continuing education/training.

Includes topics such as: administrative practices (including training in application, certification, verification, meal counting, and meal claiming procedures) the identification of reimbursable meals at the point of service nutrition, health and safety standards other topics, as specified by FNS

New and Current Staff Each year, at least 8 hours of annual continuing education/training. (other than the director and managers) that work an Includes topics such as: average of at least 20 hours free and reduced price eligibility per week application, certification, and verification procedures the identification of reimbursable meals at the point of service nutrition, health and safety standards other topics, as specified by FNS

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