[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11077-11096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04234]



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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules 
and Regulations

[[Page 11077]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210 and 235

[FNS-2011-0030]
RIN 0584-AE19


Professional Standards for State and Local School Nutrition 
Programs Personnel as Required by the Healthy, Hunger-Free Kids Act of 
2010

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule establishes minimum professional standards for 
school nutrition personnel who manage and operate the National School 
Lunch and School Breakfast Programs. The final rule institutes hiring 
standards for the selection of State and local school nutrition program 
directors, and requires all personnel in the school nutrition programs 
to complete annual continuing education/training. These regulations are 
expected to result in consistent, national professional standards that 
strengthen the ability of school nutrition professionals and staff to 
perform their duties effectively and efficiently.

DATES: This rule is effective July 1, 2015. Compliance with the 
provisions of this rule must begin July 1, 2015, except as noted in 
specific regulatory provisions.

FOR FURTHER INFORMATION CONTACT: Julie Brewer, School Programs Branch, 
Policy and Program Development Division, Food and Nutrition Service, at 
(703) 305-2590.

SUPPLEMENTARY INFORMATION:

I. Background

    The Healthy, Hunger-Free Kids Act of 2010 (HHFKA), Public Law 111-
296, requires significant changes in the Child Nutrition Programs to 
prevent and reduce childhood obesity, give eligible children access to 
nutrition benefits, and enhance the ability of nutrition professionals 
to operate the National School Lunch Program (NSLP) and School 
Breakfast Program (SBP) efficiently. Section 306 of the HHFKA amended 
section 7 of the Child Nutrition Act of 1966 (CNA) (42 U.S.C. 1776) by 
adding paragraph (g), ``Professional Standards for School Food 
Service.'' This provision is intended to ensure that school nutrition 
professionals that manage and operate the NSLP and SBP have adequate 
knowledge and training to meet Program requirements. Requiring proper 
qualifications to serve in the Child Nutrition Programs is expected to 
improve the quality of school meals, reduce errors, and enhance Program 
integrity.
    The Food and Nutrition Service (FNS) of the Department of 
Agriculture (USDA) issued a proposed rule (79 FR 6488) on February 4, 
2014, seeking to amend the regulations governing the NSLP (7 CFR part 
210) and the State administrative expense funds (7 CFR part 235) 
consistent with amendments made to the CNA by the HHFKA. The rule 
proposed to establish national hiring standards and annual continuing 
education/training requirements for school nutrition professionals that 
manage and operate the NSLP and SBP.
    In developing the proposed professional standards, FNS considered 
input from a variety of sources. First, in November 2011, FNS conducted 
a session at the State Agency Meeting for State Child Nutrition 
Directors and their staff members. At that session, the participants 
brought up a number of general issues for FNS to consider, including 
grandfathering (the practice of exempting existing personnel from the 
new requirements), monitoring by State agencies, and how the new 
requirements would relate to existing State and local standards.
    On March 13-14, 2012, FNS held a two-day listening session with 
approximately 60 invited stakeholders representing a variety of State 
agencies, local educational agencies (LEAs), professional associations 
and other constituencies concerned with standards affecting child 
nutrition professionals. The stakeholders provided suggestions for FNS 
to consider regarding required and preferred professional standards, 
and offered input on potential challenges and on use of resources to 
successfully implement national standards.
    As follow-up to the March session, interested participants 
volunteered to continue providing input via conference calls. 
Participants on the calls included State and district directors, 
professional organizations, and FNS staff. Calls focused on three 
topics: Criteria and standards for hiring State agency directors; 
minimum education and training requirements for school nutrition 
directors; and training requirements for school nutrition managers and 
other staff. FNS conducted the conference calls in the five months 
following the listening session.
    FNS also received feedback from attendees at the School Nutrition 
Association's Annual National Conference in July 2012 and July 2013. 
The audience, which consisted of State agency directors and staff, 
school nutrition directors, managers and other personnel, provided 
significant input for the proposed professional standards.
    As a result of the stakeholders' feedback, FNS developed proposed 
professional standards consisting of minimum educational requirements 
for new State directors and school nutrition program directors, and 
annual continuing education/training requirements for all school 
nutrition personnel. These proposed standards for State directors are 
summarized in the following two charts and discussed later in the 
preamble:

[[Page 11078]]



      Proposed Rule Hiring Standards for New State Agency Directors
------------------------------------------------------------------------
                                   State director of     State director
                                   school nutrition      of distributing
                                        program             agencies
------------------------------------------------------------------------
Education.....................  A bachelor's degree     A bachelor's
                                 with an academic        degree with any
                                 major in areas          academic major.
                                 including food and
                                 nutrition, food
                                 service management,
                                 dietetics, family and
                                 consumer sciences,
                                 nutrition education,
                                 culinary arts,
                                 business, or a
                                 related field.
                               -----------------------------------------
Knowledge & Experience........  Extensive relevant knowledge and
                                 experience in areas such as
                                 institutional food service operations,
                                 management, business, and/or nutrition
                                 education.
Skills & Abilities............  Additional abilities and skills needed
                                 to lead, manage, and supervise people
                                 to support the mission of Child
                                 Nutrition Programs.
------------------------------------------------------------------------


   Proposed Rule Training Requirements for All State Agency Directors
------------------------------------------------------------------------
   State director of school nutrition     State director of distributing
                programs                             agencies
------------------------------------------------------------------------
<bullet> Each school year, must          <bullet> Each school year, must
 complete at least 15 hours of annual     complete at least 15 hours of
 continuing education/training in core    annual continuing education/
 areas, such as nutrition, operations,    training in core areas, such
 administration, communications, and      as nutrition, operations,
 marketing. Additional hours and topics   administration,
 may be specified by FNS annually, as     communications, and marketing.
 necessary.                               Additional hours and topics
<bullet> Must also provide or ensure      may be specified by FNS
 that State agency staff receives         annually, as necessary.
 annual continuing education/training.   <bullet> Must also provide or
<bullet> Must provide the SFAs at least   ensure that State agency staff
 18 hours of training in topics such as   receives annual continuing
 administrative practices (training in    education/training in topics
 application, certification,              such as the efficient and
 verification, meal counting and meal     effective use of USDA donated
 claiming procedures); the accuracy of    foods; inventory rotation and
 approvals for free and reduced price     control; health and food
 meals; the identification of             safety standards; and any
 reimbursable meals at the point of       other appropriate topics, as
 service; nutrition; health and food      determined by FNS, to ensure
 safety standards; the efficient and      program compliance and
 effective use of USDA foods; and any     integrity.
 other appropriate topics, as
 determined by FNS, to ensure program
 compliance and integrity.
------------------------------------------------------------------------

    For employees at the local level, FNS proposed minimum educational 
requirements for new school nutrition program directors only, based on 
an LEA size/student enrollment (LEAs with 2,499 students or less, LEAs 
with 2,500-9,999 students, LEAs with 10,000-24,999 students, and LEAs 
with 25,000 or more students). The proposed hiring standards are 
intended to apply to the school food authority (SFA), which is the 
governing body that has the legal authority to operate the school meal 
programs. In addition, FNS proposed annual continuing education/
training requirements for all SFA employees. The proposed standards for 
SFA employees are summarized in the following two charts and discussed 
later in the preamble:

     Proposed Rule Hiring Standards for School Nutrition Program Directors by Local Educational Agency Size
----------------------------------------------------------------------------------------------------------------
    Minimum requirements for      Student enrollment  Student enrollment  Student enrollment  Student enrollment
            directors                2,499 or less        2,500-9,999        10,000-24,999       25,000 or more
----------------------------------------------------------------------------------------------------------------
Minimum Education Standards       Bachelor's degree,  Bachelor's degree,  Bachelor's degree,  Same requirements
 (required) (new directors only).  or equivalent       or equivalent       or equivalent       as for 10,000-
                                   educational         educational         educational         24,999 size
                                   experience, with    experience, with    experience, with    category.
                                   academic major or   academic major or   academic major or
                                   concentration in    concentration in    concentration in
                                   food and            food and            food and
                                   nutrition, food     nutrition, food     nutrition, food
                                   service             service             service
                                   management,         management,         management,
                                   dietetics, family   dietetics, family   dietetics, family
                                   and consumer        and consumer        and consumer
                                   sciences,           sciences,           sciences,
                                   nutrition           nutrition           nutrition
                                   education,          education,          education,
                                   culinary arts,      culinary arts,      culinary arts,
                                   business, or a      business, or a      business, or a
                                   related field.      related field;      related field;
                                  OR                  OR                  OR
                                  Bachelor's degree,  Bachelor's degree,  Bachelor's degree,
                                   or equivalent       or equivalent       or equivalent
                                   educational         educational         educational
                                   experience, with    experience, with    experience, with
                                   any academic        any academic        any academic
                                   major or area of    major or area of    major or area of
                                   concentration,      concentration,      concentration,
                                   and a State-        and a State-        and a State-
                                   recognized          recognized          recognized
                                   certificate in      certificate in      certificate in
                                   food and            food and            food and
                                   nutrition, food     nutrition, food     nutrition, food
                                   service             service             service
                                   management,         management,         management,
                                   dietetics, family   dietetics, family   dietetics, family
                                   and consumer        and consumer        and consumer
                                   sciences,           sciences,           sciences,
                                   nutrition           nutrition           nutrition
                                   education,          education,          education,
                                   culinary arts, or   culinary arts, or   culinary arts, or
                                   business;           business;           business.
                                  OR                  OR

[[Page 11079]]

 
                                  Associate's         Associate's
                                   degree, or          degree, or
                                   equivalent          equivalent
                                   educational         educational
                                   experience, with    experience, with
                                   academic major or   academic major or
                                   concentration in    concentration in
                                   food and            food and
                                   nutrition, food     nutrition, food
                                   service             service
                                   management,         management,
                                   dietetics, family   dietetics, family
                                   and consumer        and consumer
                                   sciences,           sciences,
                                   nutrition           nutrition
                                   education,          education,
                                   culinary arts,      culinary arts,
                                   business, or a      business, or a
                                   related field;      related field;
                                   and at least one    and at least one
                                   year of relevant    year of relevant
                                   school nutrition    school nutrition
                                   programs            programs
                                   experience;         experience.
                                  OR................
                                  High school
                                   diploma (or GED)
                                   and 5 years of
                                   relevant
                                   experience in
                                   school nutrition
                                   programs.
Minimum Education Standards       Directors hired     Directors hired     Master's degree,    Same requirements
 (preferred) (new directors        without an          without a           or willingness to   as for 10,000-
 only).                            associate's         bachelor's degree   work toward         24,999 size
                                   degree are          strongly            master's degree,    category.
                                   strongly            encouraged to       preferred.
                                   encouraged to       work toward        At least one year
                                   work toward         attaining           of management
                                   attaining           bachelor's degree   experience,
                                   associate's         upon hiring.        preferably in
                                   degree upon                             school nutrition,
                                   hiring.                                 strongly
                                                                           recommended.
                                                                          At least 3 credit
                                                                           hours at the
                                                                           university level
                                                                           in food service
                                                                           management plus
                                                                           at least 3 credit
                                                                           hours in
                                                                           nutritional
                                                                           sciences at time
                                                                           of hiring
                                                                           strongly
                                                                           preferred.
                                 -------------------------------------------------------------------------------
Minimum Prior Training Standards  At least 8 hours of food safety training is required either 3 years prior to
 (required) (new directors only).  their starting date or completed within 30 days of employee's starting date.
----------------------------------------------------------------------------------------------------------------


            Proposed Rule Annual Continuing Education/Training for All Local Educational Agency Sizes
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
New and Current Directors......................  Each year, at least 15 hours of annual continuing education/
                                                  training.
                                                 Includes topics such as:
                                                 <bullet> Administrative practices (including training in
                                                  application, certification, verification, meal counting, and
                                                  meal claiming procedures).
                                                 <bullet> 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:
                                                 <bullet> Administrative practices (including training in
                                                  application, certification, verification, meal counting, and
                                                  meal claiming procedures).
                                                 <bullet> The identification of reimbursable meals at the point
                                                  of service.
                                                 <bullet> Nutrition, health and safety standards.
                                                 <bullet> Other topics, as specified by FNS.
New and Current Staff (other than the director   Each year, at least 8 hours of annual continuing education/
 and managers) that work an average of at least   training.
 20 hours per week.                              Includes topics such as:
                                                 <bullet> Free and reduced price eligibility.
                                                 <bullet> Application, certification, and verification
                                                  procedures.
                                                 <bullet> The identification of reimbursable meals at the point
                                                  of service.
                                                 <bullet> Nutrition, health and safety standards.
                                                 <bullet> Other topics, as specified by FNS.
----------------------------------------------------------------------------------------------------------------


[[Page 11080]]

II. Public Comments

    The proposed rule was published in the Federal Register on February 
4, 2014 (79 FR 6488) seeking to establish minimum hiring standards for 
the selection of State directors and local school nutrition program 
directors, and annual continuing education/training requirements for 
all school nutrition personnel effective July 1, 2015. The rule was 
posted for comment on www.regulations.gov and the public had the 
opportunity to submit comments on the proposal during a 60-day period 
that ended April 7, 2014.
    FNS appreciates the valuable comments provided by stakeholders and 
the public. We received 2,204 public comments that included 241 
distinct submissions and 1,963 identical form letters that were 
submitted by individual commenters. Although not all commenters 
identified their group affiliation or commenter category, most comments 
were submitted by:
    <bullet> SFA personnel--96 comments;
    <bullet> Associations (national, state, local and other)--16 
comments;
    <bullet> State agencies--14 comments;
    <bullet> Nutritionists/dietitians--7 comments;
    <bullet> Advocate groups (national and state levels)--6 comments; 
and
    <bullet> Non-profit organizations--4 comments.

To view all public comments on the proposed rule, go to 
www.regulations.gov and search for public submissions under docket 
number FNS-2011-0030.

    Overall, 110 public comments and 1,963 form letters voiced support 
for the proposal, and 93 public comments expressed opposition. 
Supporters stated that professional standards will advance the school 
nutrition profession and enhance the ability of personnel at all levels 
to successfully manage and operate the school meal programs. They 
affirmed that establishing professional standards will contribute to 
the recognition of the skills, professionalism, and dedication of 
school nutrition employees. Several organizations commended USDA for 
developing sensible hiring standards and continuing education/training 
requirements for State and local school nutrition professionals.
    Opponents generally expressed concern about specific provisions, or 
showed misunderstanding of specific provisions that are being clarified 
in this final rule. Many of the opponents expressed concern about the 
feasibility of the requirements for small and rural SFAs, and others 
indicated that the proposal could create operational and financial 
hardships for all SFAs. Some argued the professional standards could 
potentially exclude otherwise qualified applicants from employment and 
limit the upward mobility of current school nutrition employees. Other 
commenters were not clearly in favor or opposed to the proposal but 
requested clarification on specific aspects of the proposal.
    The following is a summary of the public comments by provision:

Hiring Standards

    Public Comments: One hundred fifty-two commenters addressed the 
hiring standards for new school nutrition program directors in Sec.  
210.30(b) of the proposed rule. FNS proposed hiring standards for four 
distinct LEA size categories: LEAs with 2,499 students or less, LEAs 
with 2,500-9,999 students, LEAs with 10,000-24,999 students, and LEAs 
with 25,000 or more students. In general, the proposed standards become 
more stringent as the LEA size increases to ensure that the new school 
nutrition professionals have essential qualifications to manage and 
operate the school nutrition programs that impact a larger number of 
children. The proposed hiring standards consist of minimum educational 
standards that include the following options:
    <bullet> Bachelor's degree with a major in specific area (food and 
nutrition, food service management, dietetics, family and consumer 
sciences, nutrition education, culinary arts, business, or a related 
field), or
    <bullet> Bachelor's degree with any major and a State-recognized 
certificate, or
    <bullet> Associate's degree with major in specific areas and at 
least one year of experience in school nutrition programs (for LEAs 
with less than 10,000 students), or
    <bullet> High school diploma or GED and at least five years of 
experience in school nutrition programs (for LEAs with less than 2,500 
students).
    In general, commenters expressed support for establishing hiring 
standards for the professionals who administer and operate the school 
nutrition programs at the SFA level, but many commenters voiced 
concerns about specific provisions or sought clarification. Commenters 
stressed the importance of school nutrition experience, and noted that 
an appropriate combination of education and experience is important to 
avoid excluding otherwise qualified applicants. Some stated that an 
academic degree alone may not be sufficient to run a school nutrition 
program. Since the proposed rule did not specify work experience for 
all pathways leading to the position of school nutrition program 
director, a few commenters expressed concern that candidates with a 
degree but no valuable school nutrition experience will apply for these 
positions.
    Providing current SFA program directors the opportunity for upward 
mobility was another concern raised by commenters. A commenter offered 
alternatives to a degree, including the suggestion that a significant 
number of years of work experience be considered acceptable in place of 
a degree. Another suggestion was that the School Nutrition Association 
certification or a similar certification be accepted as an alternative 
to an academic degree.
    Many commenters expressed concerns about the hiring standards for 
small and rural SFAs. Some argued that higher compensation should 
support stricter hiring standards, and that many small SFAs do not have 
the resources to increase salaries to attract qualified applicants. 
Commenters also stated that stricter standards could decrease the 
candidate pool, which would make hiring more difficult. A commenter 
also stated that the hiring requirements could adversely affect small 
and rural communities that depend on the school nutrition program for a 
source of part- time jobs. Other obstacles mentioned were the rising 
costs of a college education and the limited availability of community 
colleges in rural areas.
    A commenter suggested delaying the implementation of the 
regulations to provide State agencies and SFAs sufficient time to 
modify their hiring procedures. The commenter expressed concern that 
the proposed hiring standards could be inconsistent with hiring 
standards already negotiated and in place in different LEAs.
    Seven commenters addressed the proposed hiring standards for new 
State directors of school nutrition programs and for new State 
directors of distributing agencies in Sec.  235.11(g)(1) and Sec.  
235.11(g)(2), respectively, of the proposed rule. The proposed hiring 
standards for both State director positions consist of a bachelor's 
degree; extensive knowledge and experience in specific areas (such as 
institutional food service operations, management, business and/or 
nutrition education); and specific skills and abilities to lead and 
supervise people. For the State director of school nutrition program, 
FNS proposed requiring a specific major in food and nutrition, food 
service management, dietetics, family and consumer sciences, nutrition 
education, culinary arts, business, or a related field. The proposed 
rule does not specify a major for the State director of distributing 
agencies.

[[Page 11081]]

    In general, commenters voiced support for establishing hiring 
standards for State directors. However, one commenter requested a 
definition for director of distributing agencies positions affected by 
this rule, and also said that the hiring standards for the State 
director of distributing agencies should focus on relevant experience, 
as the knowledge and skills required for that position are more likely 
to be acquired through experience than through academic study. Another 
commenter suggested that the hiring standards for the State director of 
distributing agencies should specify a major in business, food service, 
or similar field, instead of a bachelor's degree in any major. Some 
commenters said that the hiring standards for both State director 
positions should be similar. A few commenters suggested establishing 
hiring standards for the State agency staff that monitors and provides 
technical assistance to the local program operators.
    FNS Response: FNS recognizes that school nutrition employees are a 
dedicated and resourceful workforce determined to perform a wide range 
of job duties. The NSLP and SBP have grown considerably and changed 
significantly since their inception and school nutrition personnel at 
the State and local levels have contributed significantly to Program 
accomplishments. By requiring hiring standards for new State and SFA 
school nutrition directors, the CNA seeks to ensure that the most 
qualified candidates are selected for these key positions. As 
recognized by Congress in establishing hiring standards for these 
positions, the requirements will help guarantee that those 
administering and operating the school nutrition programs in the years 
ahead have a solid foundation to help them undertake new challenges. 
The hiring standards are expected to create a strong team of school 
nutrition professionals that will be able to find new ways to improve 
Program meals, access, and integrity in schools nationwide. This final 
rule provides that current State agency and school nutrition program 
directors will be grandfathered in, and thus, will not be required to 
meet the new hiring standards and may continue to serve in their 
current positions.
    For the position of school nutrition program director, this final 
rule sets minimum hiring standards for only three distinct LEA size 
categories: LEAs with 2,499 students or less, LEAs with 2,500-9,999 
students, and LEAs with 10,000 or more students. The final rule does 
not set separate hiring standards for LEAs with 25,000 or more students 
because such standards are no different than the proposed standards for 
LEAs with 10,000-24,999 students. Overall, as the LEA size increases, a 
higher educational level for new hires is required to match the level 
of responsibility and complexity of the food service system.
    This final rule does not require prior program experience if a new 
school nutrition program director has attained a bachelor's degree or 
higher with a specific academic major in food and nutrition, food 
service management, dietetics, family and consumer sciences, nutrition 
education, culinary arts, business, or a related field. This is in 
consideration of the possibility that some well-qualified candidates 
may apply for a director position shortly following college graduation. 
Prior experience is required for other hiring pathways established by 
this rule.
    The hiring pathways for new SFA directors in the three specified 
LEA sizes remain as proposed except for a few modifications to the 
required program experience to reflect the needs and complexities of 
different LEAs. Section 210.30(b)(1) of this final rule establishes the 
following hiring pathways for school nutrition program directors:
    <bullet> Bachelor's degree with a major in specific areas (for all 
LEA sizes);
    <bullet> Bachelor's degree in any academic major plus a State-
recognized certificate (for all LEA sizes);
    <bullet> Associate's degree with a specific major plus two years, 
instead of the proposed one year, of relevant school nutrition 
experience (for LEAs with 2,500-9,999 students);
    <bullet> Associate's degree with a specific major plus one year of 
relevant school nutrition experience (for LEAS with 2,499 students or 
less); and
    <bullet> High school diploma (or GED) plus three years (instead of 
the proposed five years) of relevant school nutrition experience (for 
LEAs with 2,499 students or less).
    This final rule also adds two hiring pathways for individuals who 
have a bachelor's degree in any major plus valuable program experience, 
and are seeking to serve as SFA directors in mid-size LEAs and large-
size LEAs. For LEAs with 2,500-9,999 students, a bachelor's degree in 
any academic major and at least two years of relevant school nutrition 
program experience is now accepted. For LEAs with 10,000 or more 
students, a bachelor's degree in any major and at least five years' 
experience in management of school nutrition programs is also accepted. 
These additional pathways are intended to expand the employment 
opportunities for applicants with significant program experience.
    This final rule also responds to the concerns of commenters 
regarding the feasibility of the proposed hiring standards for small 
LEAs. The fourth School Nutrition Dietary Assessment Study (SNDA IV), 
which was conducted during school year 2011-2012, indicated that in 
LEAs with 2,499 or less students, 34 percent of current directors have 
an associate's degree or higher; 27 percent have completed some college 
without a degree; and 27 percent hold a high school diploma. Based on 
this information, FNS proposed several hiring pathways for small LEAs 
that include two options that require a bachelor's degree, one option 
that requires an associate's degree plus one year of school nutrition 
experience, and one option that requires a high school diploma (or GED) 
plus five years of experience. As stated earlier, to facilitate 
implementation of the professional standards, this final rule reduces 
the required years of experience for candidates with a high school 
diploma from five years to three years of relevant program experience. 
The hiring pathways for LEAs with 2,499 or less students are 
established in Sec.  210.30(b)(1)(i) of the final rule.
    In response to commenters' concerns over the ability to hire SFA 
directors for very small LEAs, such as those in rural areas or with 
less than 500 students, this final rule allows the State agency 
discretion to approve an LEA's hiring of a school nutrition program 
director that has a high school diploma (or GED) but less than the 
required three years of relevant program experience. The LEA interested 
in hiring an applicant with less than the required three years of 
relevant program experience must demonstrate to the State agency that 
the applicant meets the minimum educational standard and, therefore, is 
otherwise qualified for the position and the best available candidate. 
This hiring flexibility, set forth in Sec.  210.30(b)(1)(i)(D) of the 
final rule, is expected to benefit Residential Child Care Institutions 
and Tribal schools that may face unique challenges in finding 
experienced candidates.
    Regarding career mobility for current program directors within a 
state or between states, this final rule allows grandfathered directors 
to remain in their positions, or to transfer to another position in an 
LEA of the same size category. The ability to transfer is intended to 
allow current employees an opportunity to enhance their Program 
expertise by moving to another position for which they are qualified 
and determined to be the best candidate.

[[Page 11082]]

The rule also gives current directors the flexibility to move to a 
position in a larger SFA (within the same LEA size category). However, 
to move to a larger LEA size, for example to move from an LEA with 
4,000 students (the 2,500-9,999 category) to an LEA with 12,000 
students (the 10,000 or more category), a grandfathered program 
director must meet the hiring standards established for the larger LEA. 
As noted earlier, as the LEA size increases, the minimum educational 
level also increases to match the demands and complexity of the job.
    The proposed hiring standards for State director of school 
nutrition programs in Sec.  235.11(g)(1), and for State director of 
distributing agencies in Sec.  235.11(g)(2) were generally well 
received by commenters. Although FNS recognizes that in a few States 
both roles are performed by one individual, the final rule retains 
separate hiring standards. The educational requirement for the State 
director of school nutrition programs specifies a bachelor's degree 
with a specific academic major, while a bachelor's degree in any major 
is allowed for the State director of distributing agencies.
    A few comments revealed possible misunderstanding of the hiring 
standards for State directors. To clarify, the final rule's hiring 
standards for both State director positions allow the selection of a 
job applicant that has a bachelor's degree with a major in business, 
and knowledge and experience in areas such as management and business. 
Also, for both State director positions, the State agency may require 
years of relevant program experience in addition to the minimum 
criteria established by this final rule. This final rule does not 
include hiring standards for State agency staff because section 7 of 
the CNA does not authorize FNS to establish such requirements.
    Commenters suggested different hiring scenarios and asked how the 
hiring standards would apply. In general, if an individual is hired to 
perform more than one school nutrition job, the hiring standards for 
the higher level position will apply. For example, if an individual 
will serve as both school nutrition program director and as program 
manager, the hiring requirements for the program director position will 
apply. If a program director will oversee more than one SFA, the sum of 
the student enrollment determines the hiring requirements. In such a 
case, the new program director will have to meet the hiring 
requirements for the LEA size that reflects the total student 
enrollment. If an individual will serve in two completely different 
capacities, such as school principal and school nutrition program 
director, the hiring standards for the appropriate LEA size will still 
apply and must be met. At the discretion of the State agency, 
temporary, or ``acting'' school nutrition program directors expected to 
work more than 30 business days may be required to meet the hiring 
standards. FNS recognizes that this final rule does not address every 
unique hiring situation. FNS will provide guidance and work with the 
State agencies to address unique situations at the State and SFA levels 
as they are identified through implementation.
    The hiring standards established by this final rule are effective 
July 1, 2015, as proposed. Most commenters did not oppose the proposed 
implementation date, or instead requested a different implementation 
date. The hiring standards are for new hires only, and are not 
significantly different from the educational levels that most current 
directors nationwide have already attained. Therefore, delaying 
implementation of the hiring standards is not reasonable.
    One stakeholder noted that modifying hiring procedures takes time, 
and suggested the effective date of the rule be at least two years 
following publication. The commenter expressed concern about the rule's 
effective date and the impact on hires made for the school year 2015-
2016. To address this concern, FNS will give the State agencies and 
LEAs the flexibility to hire a candidate that meets the State/local 
employment requirements in place prior to July 1, 2015, provided the 
State agency or LEA advertises a vacancy prior to the final rule's 
effective date.
    To facilitate implementation of the hiring standards, FNS will work 
closely with the State agencies to examine unique situations and 
determine the appropriate course of action. Accordingly, this final 
rule codifies the hiring standards for school nutrition program 
directors in Sec.  210.30(b)(1), and the hiring standards for State 
directors in Sec.  235.11(g)(1) and Sec.  235.11(g)(2).

Prior Food Safety Training

    Public Comments: Thirty commenters addressed the hiring standard in 
Sec.  210.30(b)(1)(v) of the proposed rule that would require only new 
school nutrition program directors to have completed at least eight 
hours of food safety training within three years prior to their 
starting date, or within 30 calendar days of their starting date. Some 
commenters said that food safety in school meals is extremely important 
and, therefore, new and existing SFA directors should be required to 
complete this food safety training. A few commenters recommended the 
requirement be extended to all SFA employees. Other commenters said 
that new SFA directors should have more than 30 days from the date of 
hiring to complete the eight hours of food safety training. Suggested 
timeframes included 60 days, 90 days, 6 months, 1 year, and until the 
employee is no longer on probation.
    Many commenters suggested that the food safety training 
certification period be extended from three to five years, consistent 
with ServSafe (the food and beverage safety training and certificate 
programs administered by the National Restaurant Association). Several 
suggested that ServSafe be considered acceptable food safety training, 
and a few said that annual food sanitation training should be 
sufficient. A commenter also addressed jurisdictional considerations 
regarding food safety regulations in Tribal Nations.
    FNS Response: FNS agrees with commenters that food safety is 
critical for the school nutrition programs. This final rule retains the 
proposed food safety training for new school nutrition program 
directors but extends the certification period from three to five 
years, as suggested by commenters. This change is consistent with 
ServSafe, which is an existing, national food and beverage safety 
training and certificate program. New directors that have not completed 
at least eight hours of food safety training within five years prior to 
their starting date must complete the required training within 30 
calendar days of their starting date. FNS is not extending the 30-day 
period for allowing completion of food safety training for new hires 
because food safety training is critical to ensure safe school meals. 
The State agencies have discretion to impose stricter standards and, 
therefore, may require current school nutrition program directors, 
regardless of their starting date, and all employees involved in food 
handling to be certified in food safety every five years. Accordingly, 
this final rule codifies the prior food safety requirement for new 
school nutrition program directors in Sec.  210.30(b)(1)(v).
    A few commenters discussed unique scenarios, including how to apply 
the prior food safety training requirement to an individual that serves 
in two completely different capacities, such as school principal and 
school nutrition program director. FNS will work with the State 
agencies to address unique hiring situations as they come up during 
implementation. In addition, we will continue existing regular 
conversations

[[Page 11083]]

with Tribal Nations to clarify any issues pertaining to implementation 
of the hiring requirements in school meal programs operated on Indian 
reservations.

Training Standards

    Public Comments: Seventy-nine commenters addressed the annual 
continuing education/training requirements for school nutrition program 
directors in Sec.  210.30(b)(3) of the proposed rule, 58 commenters 
discussed the training requirements for managers in Sec.  210.30(c), 
and 105 commenters discussed the training requirements for staff 
(including those working less than 20 hours per week) in Sec.  
210.30(d). Above all, commenters recommended that the required training 
on the topics specified in the proposal be job-specific. They also 
asked that FNS clarify what activities count as training, and suggested 
that non-classroom activities such as annual conferences, self-study, 
on-the-job training, and SFA/FNS annual meetings count as training. 
Some also said that SFA directors should determine the training needs 
of their managers and staff. A few commenters suggested that only staff 
that are directly involved in food production be required to receive 
training.
    Commenters also expressed concern about the required number of 
annual training hours and the staff's availability to receive training. 
Several said that the required training hours are too burdensome, 
training could take too much time away from work, and it is difficult 
to find substitutes to assist during the training periods. Suggested 
annual training hours ranged from 4-12 hours for program staff, and 
from 5-8 hours for program managers. Several commenters stressed that 
employees should not be expected to complete training outside of their 
normal work hours. A few commenters opposed the flexibility to allow 
the school nutrition program directors to count training offered to 
staff toward their own required training hours. They said that SFA 
directors who are already familiar with the training topics would not 
learn anything new. Many commenters voiced concerns about the 
feasibility of the proposed training requirements for employees in 
small SFAs. They said that college and internet access are not easily 
accessible to many employees in rural areas.
    Commenters asked FNS to clarify the required training topics for 
SFA personnel. Some said the proposed training topics are too specific 
and not applicable to all staff. A commenter recommended that topics 
such as budget, and staff management and training be included in the 
required training topics for school nutrition program directors. 
Another suggested training on communication, cultural conflicts, 
conflict resolution, marketing, advocacy, and other topics.
    Commenters also asked FNS to clarify the allowable training 
formats/types and the acceptable training sources. They recommended 
that a variety of training formats, such as online and classroom 
training, self-study, on-the-job training, FNS webinars, conferences, 
etc. be allowed.
    The use of the school foodservice fund to pay for annual continuing 
education/training expenses was a concern raised by commenters. They 
argued that that the proposed annual training requirements could be 
financially burdensome. In addition, many of them opposed the 
prohibition in Sec.  210.30(f) of the proposed rule that disallows the 
use of food service funds to pay for the cost of college credits to 
meet the hiring standards.
    Commenters also asked FNS to clarify how the training requirements 
will apply to staff working less than 20 hours per week, employees 
hired mid-year, temporary and substitute workers, employees with 
multiple roles, and volunteers. A few commenters supported prorating 
the required training hours for employees that work less than 20 hours 
per week. However, a commenter said it is difficult to predict if 
volunteers and substitutes will work 20 hours and be subject to the 
training requirements. Two commenters suggested that USDA collect and 
share data on the numbers and/or percentages of staff averaging less 
than 20 hours of work or less per week in order to determine required 
training hours for part time staff. They suggested that if a large 
percentage of cooks/servers work this reduced number of hours, those 
employees be required to meet the requirements for full-time workers to 
ensure the healthfulness and safety of school meals.
    FNS Response: Annual, job-specific training is the best way to 
ensure that school nutrition program personnel at all levels maintain 
and upgrade their skills to meet the needs of students, and to 
effectively implement Program requirements. We understand that State 
agencies and SFAs typically hold trainings prior to the beginning of 
the school year. We anticipate that most of the training topics and 
hours for school nutrition program directors, managers, and staff will 
be completed at that time to minimize work disruptions while school is 
in session, and to ensure that all employees understand Program 
requirements to adequately perform their duties. However, employees may 
also receive training at other times during the year and apply it to 
their annual training requirement. For example, during the school year 
staff may receive training on the operation of new equipment, on new 
policies as they emerge, or when an administrative review identifies 
issues that need correction.
    In response to commenters' concerns about the feasibility of the 
training hours required at the SFA level, this final rule makes several 
important changes to the proposed rule. First, the final rule reduces 
the required annual training hours as follows:
    <bullet> School nutrition program director--12 annual training 
hours (15 hours proposed).
    <bullet> School nutrition program managers--10 annual training 
hours (12 hours proposed).
    <bullet> School nutrition program staff--6 annual training hours (8 
hours proposed).
    Second, to facilitate implementation of the requirements, this rule 
phases in the training hour requirements for directors, managers, and 
staff. In school year 2015-2016, the first year of implementation, 
program directors must complete 8 hours of training; program managers, 
6 hours of training; and program staff, 4 hours of training. Training 
received three months prior to July 1, 2015, may count toward the first 
year training requirements for all directors, managers, and staff. 
Therefore, training received on or after April 1, 2015, may count 
toward the training requirements for school year 2015-2016.
    Beginning school year 2016-2017, the second year of implementation, 
program directors must complete the 12 hours of annual training, 
program managers must complete 10 hours, and staff must complete 6 
hours. Accordingly, this final rule updates and codifies the required 
annual training hours for program directors in Sec.  210.30(b)(3), for 
program managers in Sec.  210.30(c), and for program staff in Sec.  
210.30(d).
    Third, for program staff working less than 20 hours per week, this 
final rule establishes a uniform requirement of 4 hours of annual 
training, instead of requiring that the annual training hours be 
proportional to the hours worked. Establishing a uniform number of 
training hours for this group of employees is intended to keep the 
training requirements simple and feasible for all LEAs, as requested by 
commenters. Although suggested by a commenter, FNS will not collect 
data on the number or percentage of employees

[[Page 11084]]

working less than 20 annual training hours per week as part of this 
rulemaking. If necessary, such data would be collected outside of the 
regulatory process, most likely as part of our regular program 
evaluation efforts.
    For flexibility, all employees hired January 1 or later during any 
school year are only required to complete at least half of the required 
training hours for their position--director, manager, or staff. In 
addition, this final rule gives the State agencies discretion to decide 
if acting personnel, temporary workers and volunteers must complete 
annual training. FNS strongly encourages health and safety training for 
all staff involved in food handling and for others, as applicable.
    Fourth, this final rule requires annual training for all employees 
at the SFA level, but gives the State agency discretion to assess 
compliance with the training requirements over a period of two school 
years. If allowed by the State agency statewide, program directors, 
managers, and staff may complete the required training hours over a 
two-year period, provided that some training hours are completed each 
school year. FNS is providing this flexibility because some commenters 
indicated that the ability to participate in training activities 
annually is determined by different factors, and may vary from year to 
year.
    It is important to stress that while some carryover may be allowed 
by the State agency, school nutrition employees are expected to 
complete some training each school year as required by this final rule. 
Allowing SFA employees to carry over excess training hours to another 
school year is intended for operational flexibility and to facilitate 
compliance with the professional standards. For example, a program 
manager is required to complete 10 hours of annual training. Over a 
two-year period, the manager may complete 9 hours of training through 
an annual conference, and 11 hours of online training the following 
school year. FNS will provide more guidance on this flexibility, but it 
is important that the SFA retain documentation to show during an 
administrative review how the SFA employees have complied with the 
total required training hours over the two year period.
    An SFA director or manager may count the training offered to his/
her staff toward part of his/her own annual training requirement. This 
flexibility is allowed because program directors must keep learning in 
order to communicate and help implement new policies and procedures 
through the training offered to SFA personnel. Program policies and 
procedures are expected to continue to evolve to reflect advances in 
nutrition science and to incorporate new statutory requirements 
intended to enhance Program meals, access and integrity. Therefore, 
preparing for and imparting knowledge can help an SFA director or 
manager cement his/her knowledge of the school meal programs.
    With regard to the list of training topics for SFA directors, 
section 7(g)(2) of the CNA requires training in administrative 
practices (including application, certification, verification, meal 
counting, and meal claiming procedures), nutrition, health and food 
safety standards and methodologies, and any other topics, as determined 
by FNS. These training topics must be offered to the SFA personnel, as 
applicable. State directors are not required to seek approval from FNS 
before receiving or providing training, but must keep records to 
demonstrate training completion. The training topics specified in Sec.  
210.30(b)(3), Sec.  210.30(c) and Sec.  210.30(d) of this final rule 
must be completed annually, or as needed, in order to be informed of 
the most current policies and regulatory requirements, and to refresh 
existing knowledge. Each individual employee at the SFA level must 
receive and complete training on the topics or areas applicable to his/
her job, or as required by FNS.
    The amendments made to the CNA by the HHFKA give the Secretary 
authority to require any other appropriate training topic to address 
critical issues, such as Program integrity. Therefore, the Secretary 
may require, as needed, that SFA employees complete specific training 
topic(s) or course(s) identified by FNS to address crucial Program 
needs. FNS does not anticipate that such action will take place 
annually, but may take such action in response to important Program 
issues. If a specific training topic or course is required by FNS, it 
will be available at low cost or no cost, and in a variety of formats. 
Accordingly, this final rule codifies the training requirements for 
State directors of school nutrition programs and distributing agencies 
in Sec.  235.11(g)(3); and the training requirements for school 
nutrition program directors, managers and staff in Sec.  210.30(b)(3), 
Sec.  210.30(c), and Sec.  210.30(d), respectively.
    As requested by commenters, this final rule also allows a variety 
of training formats, both online (webinars, interactive online 
sessions, etc.) and in-person (classroom training, in-service training, 
seminars, public speakers, etc.). Training from a variety of sources is 
acceptable, including the National Food Service Management Institute 
(NFSMI), in-house/SFA, State agencies, FNS Team Nutrition, the School 
Nutrition Association (SNA), professional associations/organizations, 
and reputable commercial vendors. FNS is working in partnership with 
the NFSMI to make free or low-cost training available in a variety of 
formats. More than 450 existing training resources in a variety of 
formats are already listed on the professional standards Web site 
(http://professionalstandards.nal.usda.gov). Any of these resources 
are considered appropriate to meet the requirements of this rule. 
School nutrition staff may find training that meets their learning 
needs by conducting advanced searches for specific topic areas, 
training format, training length, learning objectives, and training 
location.
    Several commenters addressed the use of school food service funds 
to pay for employee training. Annual continuing education/training is 
an allowable use of the nonprofit school food service account and of 
State Administrative Expense funds. The training costs must be 
reasonable, allocable, and necessary in accordance with the cost 
principles set forth in 2 CFR part 200, Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards.
    However, the cost of college credits incurred by an individual to 
meet the hiring standards for the positions of State director or SFA 
director is not an allowable expense. Meeting the hiring standards is 
the sole responsibility of a job applicant. Accordingly, this final 
rule codifies in Sec.  210.30(f) and in Sec.  235.6(a)(a-1) the 
prohibition regarding the payment of college credits to meet hiring 
standards. To clarify, annual continuing education/training of current 
school nutrition personnel should be encouraged and may be supported by 
the State agency and the SFA through available funds. And although 
funds may not be used to earn college credit to meet the hiring 
standards, the restriction on the use of funds does not apply to 
college courses required for annual continuing education/training 
purposes; in such cases, the State agency and the SFA may assess if the 
use of Program funds meets Federal standards.
    With regard to the training for State director of school nutrition 
programs and State director of distributing agencies, this final rule 
retains the proposed requirement that State directors complete 15 hours 
of annual training in core areas such as nutrition, operations, 
administration, communications and marketing, as well as additional 
training topics and hours

[[Page 11085]]

specified by FNS annually, as necessary. Only three commenters 
addressed this provision and they mostly agreed with the proposed 
requirement. FNS wishes to clarify that we will only require State 
directors to complete additional training topics and hours if necessary 
to address critical Program issues, such as Program integrity. In 
addition, when an individual performs both State agency functions, the 
annual training requirement remains 15 hours because the core areas of 
training are the same. Accordingly, the annual training requirement for 
State directors is codified in Sec.  235.11(g)(3) of the final rule.

Definitions

    Public Comments: Ten commenters addressed the proposed definitions 
for ``School nutrition program directors,'' ``School nutrition program 
managers,'' and ``School nutrition program staff'' set forth in Sec.  
210.2. Some asked FNS to provide more specific definitions. Others 
stated that in small and rural SFAs, an individual often performs more 
than one job. A commenter asked FNS to provide a definition for ``State 
director of distributing agencies.''
    FNS response: FNS recognizes that there are varying structures 
within each SFA; therefore, the proposed definitions for directors, 
managers, and staff are intended to be general and describe the 
function/role in broad terms to be applicable to most SFAs. They also 
provide some distinction between the three levels to help districts 
determine which category employees or groups of employees would fall 
under each definition. The definition of ``School nutrition program 
directors'' refers to the local individuals directly responsible for 
the management of the day-to-day operations of the school nutrition 
programs for all participating schools under the jurisdiction of the 
SFA. The definition of ``School nutrition program managers'' refers to 
those individuals directly responsible for the day-to-day operations of 
the school nutrition programs for a participating school(s). ``School 
nutrition program staff'' refers those local individuals without 
managerial responsibilities who are involved in routine operations of 
the school nutrition programs for a participating school(s). Program 
staff may include, for example, those individuals who prepare and serve 
meals, process transactions at point of service, and review the free/
reduced price applications. These definitions apply whether or not an 
SFA is operated by a food service management company. If a new employee 
will work in more than one position, only the higher level position 
requirements apply. Accordingly, this final rule codifies the proposed 
definitions in Sec.  210.2.
    This final rule does not define ``State director of school 
nutrition program'' and ``State director of distributing agencies.'' 
Due to varying staffing protocols, vacancies or for other reasons, an 
individual performing director duties may have a different title, or 
sometimes performs both roles fully or partially. In light of these 
different scenarios, FNS believes, in this case, it is not practical to 
set definitions that cannot fully describe the broad array of diverse 
situations. It is more important to specify the responsibility for 
administration of the school nutrition and USDA Foods programs as a 
reference for who is subject to the requirements, regardless of the job 
title they may hold in a particular State.
    We wish to clarify that the standards apply to those responsible 
for the administration of the NSLP, SBP, and the distribution of USDA 
Foods at the State level. Although we recognize that sometimes the 
individual responsible for the distribution of USDA Foods might not 
have a position equivalent to that of the State director of school 
nutrition programs, proper administration of the distribution of USDA 
Foods is critical to the effective and efficient operations of the 
school meal programs, and requires the education and training proposed. 
Accordingly, the final rule adds a clarification in the description of 
a State director as the person responsible for the administration of 
the NSLP, SBP, and/or the distribution of USDA donated foods at the 
State level in the opening statements of Sec.  235.11(g)(1) and Sec.  
235.11(g)(2).

Recordkeeping Requirements

    Public Comments: Twenty-three commenters discussed the proposed 
recordkeeping requirements in Sec.  210.15(b)(8), Sec.  210.20(b)(15), 
and Sec.  235.11(g)(5). Commenters asked FNS to clarify the 
recordkeeping period to demonstrate compliance with the professional 
standards. Several of these commenters said the recordkeeping burden is 
underestimated because, in their view, documenting that each employee 
receives annual training will result in additional paperwork for SFAs. 
Some commenters also asked FNS to clarify who is responsible for 
tracking the hours of training completed by the school nutrition 
program director, manager and staff, and what documentation is 
acceptable. Several suggested that FNS develop a tracking mechanism to 
assist the SFAs.
    FNS Response: It appears there was misunderstanding regarding the 
proposed recordkeeping requirements. FNS estimated a one-time 
recordkeeping activity of 15 minutes per respondent (State agencies, 
SFAs/LEAs, and schools) to document compliance with annual training at 
the State and local levels. FNS understands that most State agencies 
and SFAs conduct annual training on a variety of topics prior to the 
beginning of the school year. In addition, training is sometimes 
offered on-the-job during the school year, or may be undertaken by an 
individual employee. We envision minimum recordkeeping associated with 
these types of training activities. FNS is developing an optional 
downloadable tool to help the school nutrition program director keep 
track of the training activities at the SFA level. With this tool, an 
SFA may generate annual records for verification of training completed. 
Documentation such as copies of the training agenda, sign-up sheets, 
and other paper documents would also be acceptable. Each SFA decides 
how to maintain the records to document training completion.
    The school nutrition program director is ultimately responsible for 
demonstrating, during the administrative review, that the SFA is in 
compliance with the professional standards. Professional standards 
records must be retained for a period of three years, consistent with 
other recordkeeping requirements in 7 CFR part 210. Accordingly, this 
final rule codifies the recordkeeping requirements in Sec.  
210.15(b)(8), Sec.  210.20(b)(15), and Sec.  235.11(g)(5).

SFA Oversight

    Public Comments: Twenty-seven commenters addressed the requirement 
in Sec.  210.30(g) of the proposed rule, which stipulates that the SFAs 
must document compliance with the applicable professional standard 
requirements annually. The provision specifies that documentation must 
be sufficient to demonstrate during an administrative review that the 
program director meets the hiring and training standards, and that each 
employee has completed the applicable required training no later than 
the end of each school year. Many of the commenters asked how to 
document compliance with the training requirements and handle cases of 
non-compliance.
    FNS Response: SFAs must encourage and facilitate compliance with 
the professional standards. As such, SFAs must monitor and document an 
employee's continuing education/training progress periodically

[[Page 11086]]

throughout the year to ensure that each employee is or will be in 
compliance with the training requirements by the end of each school 
year, and that the program directors meet the training and hiring 
requirements. FNS will issue guidance and disseminate best practices to 
encourage compliance with the professional standards. We are also 
developing a training tracking tool that can be used by individual 
employees or by managers or directors for their entire staff. 
Accordingly, this final rule codifies the SFA oversight requirement in 
Sec.  210.30(g).

Administrative Reviews

    Public Comments: Seven commenters addressed the provision in Sec.  
210.18(h)(7) of the proposed rule that requires the State agency to 
monitor an SFA's compliance with professional standards as part of the 
general areas of the administrative review. Commenters asked FNS to 
explain the enforcement strategy and the documents needed to show SFA 
compliance with the requirements.
    FNS Response: Monitoring an SFA's compliance with the professional 
standards will be addressed through an update to the Administrative 
Review Manual and related tools and forms for School Year (SY) 2015-
2016. As part of the general areas of review, the State agency is 
expected to examine records that document completion of applicable 
hiring and continuing education/training requirements. Although FNS 
does not require one specific document, college transcripts or degrees 
for new hires, food safety certifications, training certificates, 
attendance sign-in sheets, and training agendas are all examples of 
documents that an SFA may submit to demonstrate compliance with the 
professional standards.
    FNS recognizes that school year 2015-2016 may be a period of 
transition as establishing professional standards may involve 
significant changes for some SFAs. During this transition period, State 
agencies are expected to focus on providing guidance and technical 
assistance to help SFAs move toward compliance. In the first year of 
implementation, State agencies should work closely with the SFAs 
experiencing challenges to help them solve unique issues. Accordingly, 
this final rule codifies the State agency's monitoring responsibilities 
in Sec.  210.18(h)(7).

Miscellaneous Issues Addressed by Commenters

Grandfathering

    Commenters addressed grandfathering, the practice of exempting 
existing personnel from the new requirements. Many commenters asked how 
existing employees will be grandfathered and for what duration. Some 
also addressed grandfathering and work mobility. Others expressed 
concern about the ability of existing employees to advance in their 
careers.
    FNS supports grandfathering current State agency directors and 
school nutrition program directors from the hiring standards 
established by this final rule. These individuals have generally 
demonstrated their ability to capably perform their job duties. 
Therefore, current SFA directors will be able to remain in their 
positions or transfer to a similar position in another LEA of the same 
size category (student enrollment) without having to meet the new 
hiring standards. However, grandfathering does not apply to the 
continuing education/annual training standards because all personnel, 
at both the State and local levels, need annual continuing education/
training to maintain or upgrade their skills.

State and Local Control of Meal Programs

    A few commenters addressed the potential impact of the professional 
standards regulations on the State and local administration of the meal 
programs. They expressed concern that the professional standards may 
not be consistent with local hiring/training practices and procedures. 
A few mentioned a possible interference with existing union contracts.
    FNS recognizes that the State agency and the local educational 
agency have administrative control of public or private nonprofit 
educational institutions within a defined area of the State. The State 
agency and SFA have legal authority to operate the Federal school meal 
programs and bear responsibility for the proper operation of these 
programs according to Federal regulations. The professional standards 
established by this final rule preempt existing State and local 
regulations, policies, etc. that may interfere with nationwide 
implementation of these new regulations. Prior to developing the 
proposed professional standards, FNS sought input from invited 
stakeholders representing a variety of State agencies, local 
educational agencies (both large and small), professional associations 
and other constituencies concerned with the school nutrition programs. 
The information shared by these groups regarding hiring criteria for 
State agency directors, minimum education and training requirements for 
school nutrition directors, and training requirements for school 
nutrition managers and staff were considered when drafting these 
professional standards regulations. FNS also considered the public 
comments received in response to the proposed regulations.
    FNS does not expect that implementation of national professional 
standards will interfere with the State/local management of school meal 
programs. This final rule establishes minimum hiring standards and 
training requirements that are expected to increase the ability of the 
State and local operators to properly manage the meal programs. The 
regulations allow State agencies and/or SFAs to establish their own 
professional standards, as long as such standards are not inconsistent 
with the minimum professional standards established by FNS.
    Some commenters indicated that the professional standards may be in 
conflict with some labor union contract provisions. Professional 
standards requirements and the implementation timeframes provided in 
this rule are federal law and thus preempt such provisions. Should it 
be necessary, FNS will work with the State agencies to address unique 
issues as they are identified.

III. Summary of Changes to Proposal

    As explained earlier, FNS considered the commenters' concerns and 
suggestions and is updating parts of the proposal to focus more on 
school nutrition experience, and to facilitate nationwide 
implementation of the professional standards in all SFAs. The following 
is a summary of the changes and clarifications being made in this final 
rule.

Hiring Standards for SFAs

    The final rule:
    <bullet> Eases the hiring requirements for the small LEAs (2,499 or 
less students) by reducing the required school nutrition program 
experience (from five to three years) for applicants with a high school 
diploma. See Sec.  210.30(b)(1)(i)(D).
    <bullet> Allows the State agency discretion to approve (for an LEA 
with less than 500 students) the employment of a candidate that meets 
the educational standards but has less than the required school 
nutrition program experience. See Sec.  210.30(b)(1)(i)(D).
    <bullet> Establishes another hiring path for mid-size LEAs (2,500-
9,999 students) that emphasizes relevant experience

[[Page 11087]]

(two years of school nutrition program experience and a bachelor's 
degree with a non-specific academic major). See Sec.  
210.30(b)(1)(ii)(C).
    <bullet> Increases the required school nutrition experience (from 
one to two years) for applicants who have an associate's degree with an 
academic major in specific areas and are seeking to work in a mid-size 
LEA (2,500-9,999 students). See Sec.  210.30(b)(1)(ii)(D).
    <bullet> Provides another hiring path for large LEAs (10,000 or 
more students) that emphasizes relevant experience (five years of 
experience in managing school nutrition programs) and a bachelor's 
degree with a non-specific academic major. See Sec.  
210.30(b)(1)(iii)(C).
    <bullet> Removes the proposed, separate hiring standards for LEAs 
with 25,000 or more students.
    <bullet> Extends the effective period of the SFA director's food 
safety certification from three to five years, and allows the State 
agency discretion to extend the requirement to current SFA directors 
(those hired prior to July 1, 2015) and other personnel, as 
appropriate. See Sec.  210.30(b)(1)(v).
    <bullet> Allows the State agency discretion to require that acting 
school nutrition program directors that will serve for more than 30 
days to meet the established hiring standards. See Sec.  
210.30(b)(1)(iv).
    <bullet> Allows the State agencies and LEAs the flexibility to hire 
qualified candidates who meet the hiring standards in place prior to 
July 1, 2015, if the positions were advertised prior to the effective 
date of this rule.
    <bullet> Updates the summary chart to reflect the hiring standards 
for SFA directors implemented by this final rule. See Sec.  
210.30(b)(2).

Annual Training Requirements for SFAs

    The final rule:
    <bullet> Phases in the required number of annual training hours for 
all school nutrition program personnel at the SFA level in school year 
2015-2016 with a minimum of:
    [cir] 8 hours of training for school nutrition program director--
see Sec.  210.30(b)(3).
    [cir] 6 hours of training for school nutrition program manager--see 
Sec.  210.30(c).
    [cir] 4 hours of training for school nutrition program staff--see 
Sec.  210.30(d).
    <bullet> Reduces the required number of annual continuing 
education/training hours for all school nutrition program personnel at 
the SFA level. The following required annual training hours apply 
beginning school year 2016-2017:
    [cir] 12 hours of annual training for school nutrition program 
director--see Sec.  210.30(b)(3).
    [cir] 10 hours of annual training for school nutrition program 
manager--see Sec.  210.30(c).
    [cir] 6 hours of annual training for school nutrition program 
staff--see Sec.  210.30(d).
    <bullet> Establishes a uniform, minimum requirement of 4 hours of 
annual training for all school nutrition program staff that work less 
than 20 hours per week. See Sec.  210.30(d).
    <bullet> Clarifies that FNS has authority to require SFA directors, 
managers, and staff to complete specific training topics or courses, as 
needed, to promote Program integrity or to address other critical 
Program issues. See Sec.  210.30(b)(3), Sec.  210.30(c)(5) and Sec.  
210.30(d)(6), respectively.
    <bullet> Prorates the required training hours for employees hired 
mid-year. If hired January 1 or later, an employee must only complete 
half of the required training hours for that school year. See Sec.  
210.30(e).
    <bullet> Requires annual training for all SFA employees, but gives 
the State agency discretion to monitor an SFA's compliance with the 
requirements over a period of two years to allow operational 
flexibility at the local level. See Sec.  210.30(e).
    <bullet> Gives the State agency discretion to require acting and 
temporary staff, substitutes and volunteers in an SFA to complete 
training in one or more of the topics listed in Sec.  210.30(d), as 
applicable, within 30 calendar days of their start date. See Sec.  
210.30(e).
    <bullet> Clarifies that school food service funds may be used to 
pay for annual training costs that are reasonable, allocable and 
necessary, but must not be used to pay for the cost of college credits 
incurred by an individual at the SFA to meet the hiring standards 
established by this rule. See Sec.  210.30(f).
    <bullet> Specifies that the SFA director or another official with 
similar authority must document compliance with the professional 
standards established for the school nutrition program director, 
manager, and staff. See Sec.  210.30(g).

Hiring Requirements for State Agencies

    The final rule codifies the proposed hiring requirements for State 
directors of school nutrition programs in Sec.  235.11(g)(1) and the 
proposed hiring requirements for State directors of distributing 
agencies in Sec.  235.11(g)(2). There are no changes to these specific 
proposed provisions.

Annual Training Requirements for State Agencies

    The final rule:
    <bullet> Clarifies that State agency funds may be used to pay for 
annual training costs for the State director, but must not be used to 
pay for the cost of college credits incurred by an individual to meet 
the hiring standards established by this rule. See Sec.  235.6(a)(a-1).
    <bullet> Clarifies that FNS has authority to require State 
directors to complete additional training topics and/or hours specified 
by FNS, as needed, to promote Program integrity or to address other 
critical Program issues. See Sec.  235.11(g)(3).
    <bullet> Clarifies that the State agency must ensure that State 
agency staff receives annual training. See Sec.  235.11(g)(4).
    <bullet> Clarifies that the State director of school nutrition 
programs must offer the SFAs 18 hours of training in specific topics, 
including topics identified by FNS as needed, to promote Program 
integrity or to address other critical Program issues. See Sec.  
235.11(g)(4)(i).
    <bullet> Clarifies that the State director of distributing agencies 
must provide the staff, or ensure staff receives, training in specific 
topics, including topics identified by FNS, as needed, to promote 
Program integrity or to address other critical Program issues. See 
Sec.  235.11(g)(4(ii).

Recordkeeping Requirements for SFAs and State Agencies

    There are no changes to the proposed recordkeeping requirements. 
The final rule requires recordkeeping for a period of three years, 
which is consistent with other recordkeeping requirements established 
in Part 210. See Sec.  210.15(b)(8), Sec.  210.20(b)(15) and Sec.  
235.11(g)(5).

Definitions

    There are no changes to the proposed definitions. The final rule 
codifies proposed definitions for ``School nutrition program 
directors,'' ``School nutrition program managers,'' and ``School 
nutrition program staff'' in Sec.  210.2.

IV. Professional Standards Requirements: Summary Charts

    This final rule establishes the following hiring standards for new 
State agency directors:

[[Page 11088]]



       Summary of Hiring Standards for New State Agency Directors
------------------------------------------------------------------------
                                State director of     State director of
                                school nutrition        distributing
                                     program              agencies
------------------------------------------------------------------------
Minimum Education Standards   A bachelor's degree   A bachelor's degree
 (required) (new directors     with an academic      with any academic
 only).                        major in areas        major.
                               including food and
                               nutrition, food
                               service management,
                               dietetics, family
                               and consumer
                               sciences, nutrition
                               education, culinary
                               arts, business, or
                               a related field.
                             -------------------------------------------
Knowledge & Experience......  Extensive relevant knowledge and
                               experience in areas such as institutional
                               food service operations, management,
                               business, and/or nutrition education.
Skills & Abilities..........  Additional abilities and skills needed to
                               lead, manage, and supervise people to
                               support the mission of Child Nutrition
                               Programs.
------------------------------------------------------------------------

    This final rule establishes the following annual continuing 
education/training standards for all State agency directors:

      Summary of Training Standards for All State Agency Directors
------------------------------------------------------------------------
 State director of school nutrition     State director of distributing
              programs                             agencies
------------------------------------------------------------------------
<bullet> Each school year, must      <bullet> Each school year, must
 complete at least 15 hours of        complete at least 15 hours of
 annual continuing education/         annual continuing education/
 training in core areas, such as      training in core areas, such as
 nutrition, operations,               nutrition, operations,
 administration, communications,      administration, communications,
 and marketing Additional hours and   and marketing Additional hours and
 topics may be specified by FNS       topics may be specified by FNS
 annually, as necessary.              annually, as necessary.
<bullet> Must also provide or        <bullet> Must also provide or
 ensure that State agency staff       ensure that State agency staff
 receives annual continuing           receives annual continuing
 education/training.                  education/training in topics such
<bullet> Must provide the SFAs at     as the efficient and effective use
 least 18 hours annually of           of USDA donated foods; inventory
 training in topics such as           rotation and control; health and
 administrative practices (training   food safety standards; and any
 in application, certification,       other appropriate topics, as
 verification, meal counting and      determined by FNS, to ensure
 meal claiming procedures); the       program compliance and integrity.
 accuracy of approvals for free and
 reduced price meals; the
 identification of reimbursable
 meals at the point of service;
 nutrition; health and food safety
 standards; the efficient and
 effective use of USDA foods; and
 any other appropriate topics, as
 determined by FNS, to ensure
 program compliance and integrity.
------------------------------------------------------------------------

    This final rule establishes the following hiring standards for new 
school nutrition program directors:

      Summary of School Nutrition Program Director Professional Standards by Local Educational Agency Size
----------------------------------------------------------------------------------------------------------------
                                          Student enrollment       Student enrollment       Student enrollment
  Minimum requirements for directors        2,499 or less             2,500-9,999             10,000 or more
----------------------------------------------------------------------------------------------------------------
Minimum Education Standards            Bachelor's degree, or    Bachelor's degree, or    Bachelor's degree, or
 (required) (new directors only).       equivalent educational   equivalent educational   equivalent educational
                                        experience, with         experience, with         experience, with
                                        academic major or        academic major or        academic major or
                                        concentration in food    concentration in food    concentration in food
                                        and nutrition, food      and nutrition, 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,     nutrition education,     nutrition education,
                                        culinary arts,           culinary arts,           culinary arts,
                                        business, or a related   business, or a related   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   academic major or area   academic major or area
                                        of concentration, and    of concentration, and    of concentration, and
                                        a State-recognized       a State-recognized       a State-recognized
                                        certificate for school   certificate for school   certificate for school
                                        nutrition directors;     nutrition directors;     nutrition directors;
                                       OR                       OR                       OR

[[Page 11089]]

 
                                       Associate's degree, or   Bachelor's degree in     Bachelor's degree in
                                        equivalent educational   any academic major and   any major and at least
                                        experience, with         at least 2 years of      5 years experience in
                                        academic major or        relevant school          management of school
                                        concentration in food    nutrition programs       nutrition programs.
                                        and nutrition, food      experience
                                        service management,     OR.....................
                                        dietetics, family and   Associate's degree, or
                                        consumer sciences,       equivalent educational
                                        nutrition education,     experience, with
                                        culinary arts,           academic major or
                                        business, or a related   concentration in food
                                        field; and at least      and nutrition, food
                                        one year of relevant     service management,
                                        school nutrition         dietetics, family and
                                        programs experience;     consumer sciences,
                                       OR.....................   nutrition education,
                                       High school diploma (or   culinary arts,
                                        GED) and 3 years of      business, or a related
                                        relevant experience in   field; and at least 2
                                        school nutrition         years of relevant
                                        programs.                school nutrition
                                                                 programs experience.
----------------------------------------------------------------------------------------------------------------
Minimum Education Standards            Directors hired without  Directors hired without  Master's degree, or
 (preferred) (new directors only).      an associate's degree    a bachelor's degree      willingness to work
                                        are strongly             strongly encouraged to   toward master's
                                        encouraged to work       work toward attaining    degree, preferred. At
                                        toward attaining         bachelor's degree upon   least one year of
                                        associate's degree       hiring.                  management experience,
                                        upon hiring.                                      preferably in school
                                                                                          nutrition, strongly
                                                                                          recommended.
                                                                                         At least 3 credit hours
                                                                                          at the university
                                                                                          level in food service
                                                                                          management plus at
                                                                                          least 3 credit hours
                                                                                          in nutritional
                                                                                          sciences at time of
                                                                                          hiring strongly
                                                                                          preferred.
----------------------------------------------------------------------------------------------------------------
Minimum Prior Training Standards       At least 8 hours of food safety training is required either not more than
 (required) (new directors only).       5 years prior to their starting date or completed within 30 calendar
                                        days of employee's start date.
----------------------------------------------------------------------------------------------------------------

    This final rule establishes the following annual continuing 
education/training requirements for all school nutrition program 
directors, managers, and staff:

   Summary of Required Minimum Continuing Education/Training Standards for All Local Educational Agency Sizes
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
New and Current Directors......................  Each year, at least 12 hours of annual continuing education/
                                                  training.
                                                 Includes topics such as:
                                                 <bullet> Administrative practices (including training in
                                                  application, certification, verification, meal counting, and
                                                  meal claiming procedures), and
                                                 <bullet> Any specific topics required by FNS, as needed, to
                                                  address Program integrity or other critical issues.
                                                 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 10 hours of annual continuing education/
                                                  training.
                                                 Includes topics such as:
                                                 <bullet> Administrative practices (including training in
                                                  application, certification, verification, meal counting, and
                                                  meal claiming procedures),
                                                 <bullet> The identification of reimbursable meals at the point
                                                  of service.
                                                 <bullet> Nutrition, health and safety standards, and
                                                 <bullet> Any specific topics required by FNS, as needed, to
                                                  address Program integrity or other critical issues.
New and Current Staff (other than the director   Each year, at least 6 hours of annual continuing education/
 and managers) that work an average of at least   training.
 20 hours per week.                              Includes topics such as:
                                                 <bullet> Free and reduced price eligibility,
                                                 <bullet> Application, certification, and verification
                                                  procedures,
                                                 <bullet> The identification of reimbursable meals at the point
                                                  of service.
                                                 <bullet> Nutrition, health and safety standards, and
                                                 <bullet> Any specific topics required by FNS, as needed, to
                                                  address Program integrity or other critical issues.
New and Current Part-Time Staff (working less    Each year, at least 4 hours of annual continuing education/
 than 20 hours per week).                         training (regardless of number of part-time hours).
----------------------------------------------------------------------------------------------------------------


[[Page 11090]]

V. Implementation Resources

    To assist with implementation of the professional standards, USDA 
has established a Web site (http://professionalstandards.nal.usda.gov) 
that provides an extensive database of training opportunities and 
resources covering the four core training areas: Nutrition, operations, 
administration, and communications/marketing. Information on specific 
training objectives and training topics in each area will be available 
on the Web site as well. School nutrition program personnel may conduct 
advanced searches within the database to identify free or low-cost 
training opportunities and resources in a variety of formats. On-line 
and in-person trainings are included in the database. Sources of 
training include NFSMI, State agencies, universities/colleges, 
associations, and other groups. In addition, FNS is developing a 
certificate system to help SFAs recognize various levels of training 
achievement. Details about the certificate system will be provided 
separately.
    To assist individuals in tracking their training, a downloadable 
tool will be available for tracking the training individuals have 
completed. It can be used by individual employees or by managers or 
directors for their entire staff. State agencies will find the tool 
helpful when they complete the administrative reviews.
    A Professional Standards Guide will contain all the essential 
information needed to understand the professional standards 
requirements for school nutrition employees at all levels. It will be 
available in hard copy as well as on the internet. Additional materials 
for informing school officials about the new standards are being 
developed as well.
    In addition, USDA will award competitive grants to State agencies 
to assist with implementation of the professional standards 
requirements. Up to $150,000 may be requested per State agency for the 
anticipated funding period of October 1, 2015-September 31, 2017.

VI. Procedural Matters

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    This final rule has been determined to be not significant and was 
not reviewed by the Office of Management and Budget (OMB) in 
conformance with Executive Order 12866.

Regulatory Impact Analysis

    This rule has been designated as not significant by the Office of 
Management and Budget; therefore, a Regulatory Impact Analysis is not 
required.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires Agencies 
to analyze the impact of rulemaking on small entities and consider 
alternatives that would minimize any significant impacts on a 
substantial number of small entities. Pursuant to that review, it has 
been determined that this final rule will not have a significant impact 
on a substantial number of small entities. The final rule will 
establish hiring standards for local educational agencies of various 
sizes (2,499 or less students, 2,500-9,999 students, and 10,000 or more 
students). The hiring standards were developed with stakeholders' 
input, and resemble the current educational level attained by most 
school nutrition program directors nationwide. The standards, based on 
minimum educational levels ranging from high school to bachelor's 
degree, will apply to new employees only; current program directors 
will be exempt from the standards. The final rule simplifies 
implementation of the hiring standards in small local educational 
agencies by reducing the required years of experience for individuals 
with a high school diploma. The final rule also reduces and phases in 
the required annual training hours for all employees to minimize the 
impact on the local educational agencies.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
Department generally must prepare a written statement, including a cost 
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures by State, local or tribal 
governments, in the aggregate, or the private sector, of $100 million 
or more in any one year. When such a statement is needed for a rule, 
Section 205 of the UMRA generally requires the Department to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the most cost effective or least burdensome alternative that achieves 
the objectives of the rule.
    This final rule does not contain Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for State, local and 
tribal governments or the private sector of $100 million or more in any 
one year. Thus, the rule is not subject to the requirements of sections 
202 and 205 of the UMRA.

Executive Order 12372

    The NSLP and State Administrative Expense Funds are listed in the 
Catalog of Federal Domestic Assistance Programs under 10.555 and 
10.560, respectively. For the reasons set forth in the final rule in 7 
CFR part 3015, subpart V, and related Notice (48 FR 29115, June 24, 
1983), this program is included in the scope of Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials.

Federalism Summary Impact Statement

    Executive Order 13132 requires Federal agencies to consider the 
impact of their regulatory actions on State and local governments. 
Where such actions have federalism implications, agencies are directed 
to provide a statement for inclusion in the preamble to the regulations 
describing the agency's considerations in terms of the three categories 
called for under Section (6)(b)(2)(B) of Executive Order 13121.

Prior Consultation With State Officials

    FNS headquarters and regional offices have ongoing, formal and 
informal discussions with State agency officials regarding the Child 
Nutrition Programs and policy issues. Prior to this rulemaking, FNS 
held several conference calls and meetings with State agencies to 
discuss the statutory requirements that are the foundation for this 
rule. FNS also discussed the professional standards statutory 
requirements with program operators at their State conferences. In 
addition, FNS received 2,204 public comments in response to the 
proposed rule (79 FR 6488). These various forms of consultation 
produced valuable input that has been considered in drafting this final 
rule.

Nature of Concerns and the Need To Issue This Rule

    The key concern raised by State agencies and local educational 
agencies was the feasibility of the hiring standards for local 
educational agencies, especially those with than 500 students.

[[Page 11091]]

Stakeholders also requested clarification of the annual training 
topics, and expressed concern about the required number of annual 
training hours and the possible training costs. These concerns are 
discussed in the preamble.

Extent to Which We Meet Those Concerns

    FNS has considered the impact of this final rule on State and local 
operators, and has developed a rule that will implement the 
professional standards requirements in the most effective and least 
burdensome manner. The final rule includes several changes to 
facilitate implementation at all local educational agencies. For 
example, the final rule modifies some of the hiring standards to be 
more accepting of relevant work experience, reduces the required annual 
training hours for all local educational agencies, and phases in the 
annual training requirements. The rule also clarifies that program 
funds may be used to pay for employee training that is reasonable, 
allocable and necessary.

Executive Order 12988, Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is intended to have preemptive effect 
with respect to any State or local laws, regulations or policies which 
conflict with its provisions or which would otherwise impede its full 
and timely implementation. However, FNS does not expect significant 
inconsistencies between this final rule and existing State or local 
hiring regulations. The hiring standards were developed with input from 
State agencies. This rule is not intended to have retroactive effect. 
Prior to any judicial challenge to the provisions of the final rule, 
all applicable administrative procedures under Sec.  210.18(q) or Sec.  
235.11(f) must be exhausted.

Civil Rights Impact Analysis

    FNS has reviewed this final rule in accordance with the Department 
Regulation 4300-4, ``Civil Rights Impact Analysis'', and 1512-1, 
``Regulatory Decision Making Requirements,'' to identify and address 
any major civil rights impacts the final rule might have on minorities, 
women, and persons with disabilities. After a careful review of the 
proposed rule's intent and provisions, FNS has determined that this 
final rule is not intended to limit or reduce in any way the ability of 
protected classes of individuals to receive benefits on the basis of 
their race, color, national origin, sex, age or disability, nor is it 
intended to have a differential impact on minority owned or operated 
business establishments, and women-owned or operated business 
establishments that participate in the Child Nutrition Programs. The 
final rule establishes minimum educational requirements for new hires, 
ranging from a high school diploma/GED to a bachelor's degree, and 
annual training requirements for all employees. Current school 
nutrition program employees are exempt from the new hiring standards. 
The professional standards established by this rule are intended to 
help all employees gain knowledge and skills to perform their duties 
effectively, and are not expected to be a hiring obstacle for the 
protected classes.

Executive Order 13175

    Executive Order 13175 requires Federal agencies to consult and 
coordinate with Tribes on a government-to-government basis on policies 
that have Tribal implications, including regulations, legislative 
comments or proposed legislation, and other policy statements or 
actions that have substantial direct effects on one or more Indian 
Tribes, on the relationship between the Federal Government and Indian 
Tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes.
    FNS provides regularly scheduled quarterly consultation sessions as 
a venue for collaborative conversations with Tribal officials or their 
designees. The most recent quarterly consultation sessions were held on 
February 19, 2014; May 21, 2014; August 20, 2014; and November 19, 
2014. At the February 2014 consultation, FNS advised the Tribal 
officials that the proposed rule on professional standards had been 
published and encouraged participants to submit public comments. There 
was only one question from a participant seeking to clarify who was 
covered by the proposed rule. No questions related to professional 
standards arose at subsequent Tribal consultations. FNS will respond in 
a timely and meaningful manner to any Tribal government request for 
consultation concerning the professional standards. We are unaware of 
any current Tribal laws that could be in conflict with this final rule.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR 
part 1320) requires that the Office of Management and Budget (OMB) 
approve all collections of information by a Federal agency from the 
public before they can be implemented. Respondents are not required to 
respond to any collection of information unless it displays a current, 
valid OMB control number. This is a new collection. The provisions in 
this rule create new burden which will be merged into a currently 
approved information collection titled ``National School Lunch 
Program'' (NSLP), OMB Number 0584-0006, which expires on February 29, 
2016.
    In accordance with the Paperwork Reduction Act of 1995, the 
information collection requirements included in this final rule, which 
were filed under 0584-0588, have been submitted for approval to OMB. 
When OMB notifies us of its decision, we will publish a document in the 
Federal Register providing notice of the action.

E-Government Act Compliance

    The Department is committed to complying with the E-Government Act, 
to promote the use of the Internet and other information technologies 
to provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

List of Subjects

7 CFR Part 210

    Children, Commodity School Program, Food assistance programs, Grant 
programs-health, Grant programs- education, School breakfast and lunch 
programs, Nutrition, Reporting and recordkeeping requirements.

7 CFR Part 235

    Administrative practice and procedure, Food assistance programs, 
Grant programs-health, Grant programs- education, School breakfast and 
lunch programs, Nutrition, Reporting and recordkeeping requirements.

    Accordingly, 7 CFR parts 210 and 235 are amended as follows:

PART 210--NATIONAL SCHOOL LUNCH PROGRAM

0
1. The authority citation for part 210 continues to read as follows:

    Authority: 42 U.S.C. 1751-1760, 1779.


0
2. In Sec.  210.2, add definitions of School nutrition program 
directors, School nutrition program managers, and School nutrition 
program staff in alphabetical order.
    The additions read as follows:


Sec.  210.2  Definitions.

* * * * *
    School nutrition program directors are those individuals directly 
responsible for the management of the day-to-day operations of school 
food service for all

[[Page 11092]]

participating schools under the jurisdiction of the school food 
authority.
    School nutrition program managers are those individuals directly 
responsible for the management of the day-to-day operations of school 
food service for a participating school(s).
    School nutrition program staff are those individuals, without 
managerial responsibilities, involved in day-to-day operations of 
school food service for a participating school(s).
* * * * *

0
3. Amend Sec.  210.15 as follows:
0
a. In paragraph (b)(6), remove the word ``and'' at the end;
0
b. In paragraph (b)(7), remove the period and add ``; and'' in its 
place; and
0
c. Add paragraph (b)(8).
    The addition reads as follows:


Sec.  210.15  Reporting and recordkeeping

* * * * *
    (b) * * *
    (8) Records for a three year period to demonstrate the school food 
authority's compliance with the professional standards for school 
nutrition program directors, managers and personnel established in 
Sec.  210.30.

0
4. Amend Sec.  210.18 by adding new paragraph (h)(7) to read as 
follows:


Sec.  210.18  Administrative reviews.

* * * * *
    (h) * * *
    (7) Professional standards. The State agency shall ensure the 
school food authority complies with the professional standards for 
school nutrition program directors, managers and personnel established 
in Sec.  210.30.
* * * * *

0
5. Amend Sec.  210.20 as follows:
0
a. In paragraph (b)(13), remove the word ``and'' at the end;
0
b. In paragraph (b)(14), remove the period and add ``; and'' in its 
place; and
0
c. Add paragraph (b)(15).
    The addition reads as follows:


Sec.  210.20  Reporting and recordkeeping.

* * * * *
    (b) * * *
    (15) Records for a three year period to demonstrate compliance with 
the professional standards for State directors of school nutrition 
programs established in Sec.  235.11(g) of this chapter.


Sec. Sec.  210.30 and 210.31  [Redesignated as Sec. Sec.  210.31 and 
210.32]

0
6. Redesignate Sec.  210.30 and Sec.  210.31 as Sec.  210.31 and Sec.  
210.32, respectively.
0
7. Add a new Sec.  210.30 to read as follows:


Sec.  210.30  School nutrition program professional standards.

    (a) General. School food authorities that operate the National 
School Lunch Program, or the School Breakfast Program (7 CFR part 220), 
must establish and implement professional standards for school 
nutrition program directors, managers, and staff, as defined in Sec.  
210.2.
    (b) Minimum standards for all school nutrition program directors. 
Each school food authority must ensure that all newly hired school 
nutrition program directors meet minimum hiring standards and ensure 
that all new and existing directors have completed the minimum annual 
training/education requirements for school nutrition program directors, 
as set forth below:
    (1) Hiring standards. All school nutrition program directors hired 
on or after July 1, 2015, must meet the following minimum educational 
requirements, as applicable:
    (i) School nutrition program directors with local educational 
agency enrollment of 2,499 students or fewer. Directors must meet the 
requirements in either paragraph (b)(1)(i)(A), (B), (C), or (D) of this 
section.
    (A) A bachelor's degree, or equivalent educational experience, with 
an academic major or concentration in food and nutrition, food service 
management, dietetics, family and consumer sciences, nutrition 
education, culinary arts, business, or a related field;
    (B) A bachelor's degree, or equivalent educational experience, with 
any academic major or area of concentration, and a State-recognized 
certificate for school nutrition directors;
    (C) An associate's degree, or equivalent educational experience, 
with an academic major or area of concentration in food and nutrition, 
food service management, dietetics, family and consumer sciences, 
nutrition education, culinary arts, business, or a related field and at 
least one year of relevant school nutrition program experience; or
    (D) A high school diploma or equivalency (such as the general 
educational development diploma), and at least three years of relevant 
school nutrition program experience. For a local educational agency 
with less than 500 students, the State agency has discretion to approve 
the hire of a director that meets the minimum educational requirement 
but has less than the required relevant school nutrition program 
experience. Directors hired under the criteria listed in this paragraph 
are strongly encouraged to work toward attaining an associate's degree 
in an academic major in the fields listed in this paragraph.
    (ii) School nutrition program directors with local educational 
agency enrollment of 2,500 to 9,999 students. Directors must meet the 
requirements in either paragraph (b)(1)(ii)(A), (B), (C), or (D) of 
this section.
    (A) A bachelor's degree, or equivalent educational experience, with 
an academic major or concentration in food and nutrition, food service 
management, dietetics, family and consumer sciences, nutrition 
education, culinary arts, business, or a related field;
    (B) A bachelor's degree, or equivalent educational experience, with 
any academic major or area of concentration, and a State-recognized 
certificate for school nutrition directors;
    (C) A bachelor's degree in any academic major and at least two 
years of relevant experience in school nutrition programs; or
    (D) An associate's degree, or equivalent educational experience, 
with an academic major or area of concentration in food and nutrition, 
food service management, dietetics, family and consumer sciences, 
nutrition education, culinary arts, business, or a related field and at 
least two years of relevant school nutrition program experience. 
Directors hired with an associate's degree are strongly encouraged to 
work toward attaining a bachelor's degree in an academic major in the 
fields listed in this paragraph.
    (iii) School nutrition program directors with local educational 
agency enrollment of 10,000 or more students. Directors must meet the 
requirements in either paragraph (b)(1)(iii)(A), (B), or (C) of this 
section.
    (A) A bachelor's degree, or equivalent educational experience, with 
an academic major or area of concentration in food and nutrition, food 
service management, dietetics, family and consumer sciences, nutrition 
education, culinary arts, business, or a related field;
    (B) A bachelor's degree, or equivalent educational experience, with 
any academic major or area of concentration, and a State-recognized 
certificate for school nutrition directors; or
    (C) A bachelor's degree in any major and at least five years 
experience in management of school nutrition programs.
    (D) School food authorities are strongly encouraged to seek out 
individuals who possess a master's degree or are willing to work toward 
a master's degree in the fields listed in this paragraph. At least one 
year of management experience, preferably in school nutrition, is 
strongly recommended. It is also strongly

[[Page 11093]]

recommended that directors have at least three credit hours at the 
university level in food service management and at least three credit 
hours in nutritional sciences at the time of hire.
    (iv) At the discretion of the State agency, acting school nutrition 
program directors expected to serve for more than 30 business days must 
meet the hiring standards established in Sec.  230.30(b)(1) of this 
chapter.
    (v) School nutrition program directors for all local educational 
agency sizes. All school nutrition program directors, for all local 
educational agency sizes, must have completed at least eight hours of 
food safety training within five years prior to their starting date or 
complete eight hours of food safety training within 30 calendar days of 
their starting date. At the discretion of the State agency, all school 
nutrition program directors, regardless of their starting date, may be 
required to complete eight hours of food safety training every five 
years.
    (2) Summary of school nutrition program director hiring/standards. 
The following chart summarizes the hiring standards established in this 
section:
[GRAPHIC] [TIFF OMITTED] TR02MR15.000

    (3) Continuing education/training standards for all school 
nutrition program directors. Each school year, the school food 
authority must ensure that all school nutrition program directors, 
(including acting directors, at the

[[Page 11094]]

discretion of the State agency) complete annual continuing education/
training. For the school year beginning July 1, 2015, program directors 
must complete eight hours of annual training. Beginning July 1, 2016, 
twelve hours of annual training are required. The annual training must 
cover administrative practices (including training in application, 
certification, verification, meal counting, and meal claiming 
procedures), as applicable, and any other specific topics identified by 
FNS, as needed, to address Program integrity or other critical issues. 
Continuing education/training required under this paragraph is in 
addition to the food safety training required in the first year of 
employment under paragraph (b)(1)(v) of this section.
    (c) Continuing education/training standards for all school 
nutrition program managers. Each school year, the school food authority 
must ensure that all school nutrition program managers have completed 
annual continuing education/training. For the school year beginning 
July 1, 2015, program managers must complete six hours of annual 
training. Beginning July 1, 2016, ten hours of annual training are 
required. The annual training must include, but is not limited to, the 
following topics, as applicable:
    (1) Administrative practices (including training in application, 
certification, verification, meal counting, and meal claiming 
procedures);
    (2) The identification of reimbursable meals at the point of 
service;
    (3) Nutrition;
    (4) Health and safety standards; and
    (5) Any specific topics identified by FNS, as needed, to address 
Program integrity or other critical issues.
    (d) Continuing education/training standards for all staff with 
responsibility for school nutrition programs. Each school year, the 
school food authority must ensure that all staff with responsibility 
for school nutrition programs that work an average of at least 20 hours 
per week, other than school nutrition program directors and managers, 
completes annual training in areas applicable to their job. For the 
school year beginning July 1, 2015, staff must complete four hours of 
annual training. Beginning July 1, 2016, six hours of annual training 
are required. Part-time staff working an average of less than 20 hours 
per week must complete four hours of annual training beginning July 1, 
2015. The annual training must include, but is not limited to, the 
following topics, as applicable to their position and responsibilities:
    (1) Free and reduced price eligibility;
    (2) Application, certification, and verification procedures;
    (3) The identification of reimbursable meals at the point of 
service;
    (4) Nutrition;
    (5) Health and safety standards; and
    (6) Any specific topics identified by FNS, as needed, to address 
Program integrity or other critical issues.
    (e) Summary of required minimum continued education/training 
standards and flexibilities. The annual training requirements for 
school nutrition program managers, directors, and staff summarized in 
the following chart are effective beginning July 1, 2015. Program 
managers, directors, and staff hired on or after January 1 of each 
school year must complete half of their required annual training hours 
before the end of the school year. At the discretion of the State 
agency:
    (1) Acting and temporary staff, substitutes, and volunteers must 
complete training in one or more of the topics listed in paragraph (d) 
of this section, as applicable, within 30 calendar days of their start 
date; and
    (2) School nutrition program personnel may carry over excess annual 
training hours to an immediately previous or subsequent school year and 
demonstrate compliance with the training requirements over a period of 
two school years, provided that some training hours are completed each 
school year.
[GRAPHIC] [TIFF OMITTED] TR02MR15.001


[[Page 11095]]


    (f) Use of food service funds for training costs. Costs associated 
with annual continuing education/training required under paragraphs 
(b)(3), (c) and (d) of this section are allowed provided they are 
reasonable, allocable, and necessary in accordance with the cost 
principles set forth in 2 CFR part 225, Cost Principles for State, 
Local and Indian Tribal Governments (OMB Circular A-87). However, food 
service funds must not be used to pay for the cost of college credits 
incurred by an individual to meet the hiring requirements in paragraphs 
(b)(1)(i) through (iv) and in paragraph (b)(2) of this section.
    (g) School food authority oversight. Each school year, the school 
food authority director must document compliance with the requirements 
of this section for all staff with responsibility for school nutrition 
programs, including directors, managers, and staff. Documentation must 
be adequate to establish, to the State's satisfaction during 
administrative reviews, that employees are meeting the minimum 
professional standards. The school food authority must certify that:
    (1) The school nutrition programs director meets the hiring 
standards and training requirements set forth in paragraph (b) of this 
section; and
    (2) Each employee has completed the applicable training 
requirements in paragraphs (c) and (d) of this section no later than 
the end of each school year.

0
8. Revise newly redesignated Sec.  210.32 to read as follows:


Sec.  210.32  OMB control numbers.

    The following control numbers have been assigned to the information 
collection requirements in 7 CFR part 210 by the Office of Management 
and Budget pursuant to the Paperwork Reduction Act of 1980, Public Law 
96-511.

------------------------------------------------------------------------
  7 CFR section where  requirements
            are described                   Current OMB control No.
------------------------------------------------------------------------
210.3(b)............................  0584-0067
210.4(b)............................  0584-0002
210.5(d)............................  0584-0006; 0584-0002; 0584-0067;
                                       0584-0567 (to be merged with 0584-
                                       0006)
210.7...............................  0584-0567 (to be merged with 0584-
                                       0006)
210.8...............................  0584-0284; 0584-0006
210.9...............................  0584-0006
210.10..............................  0584-0006; 0584-0494
210.11..............................  0584-0576 (to be merged with 0584-
                                       0006)
210.13..............................  0584-0006
210.14..............................  0584-0006
210.15..............................  0584-0006
210.17..............................  0584-0075
210.18..............................  0584-0006
210.19..............................  0584-0006
210.20..............................  0584-0006; 0584-0002; 0584-0067
210.23..............................  0584-0006
------------------------------------------------------------------------

PART 235--STATE ADMINISTRATIVE EXPENSE FUNDS

0
9. The authority citation for Part 235 continues to read as follows:

    Authority: Secs. 7 and 10 of the Child Nutrition Act of 1966, 80 
Stat. 888, 889, as amended (42 U.S.C. 1776, 1779).


0
10. Amend Sec.  235.4 by revising paragraph (b)(2) to read as follows:


Sec.  235.4  Allocation of funds to States.

* * * * *
    (b) * * *
    (2) $30,000 to each State which administers the Food Distribution 
Program (part 250 of this chapter) in schools and/or institutions which 
participate in programs under parts 210, 220, and 226 of this chapter; 
provided that the State meets the training requirements set forth in 
Sec.  235.11(g).
* * * * *

0
11. Amend Sec.  235.6 by adding a sentence at the end of paragraph (a-
1) to read as follows:


Sec.  235.6  Use of funds.

* * * * *
    (a-1) * * * State agencies may also use these funds for the 
purposes of State director annual continuing education/training as 
described in Sec.  235.11(g)(3); however, costs associated with 
obtaining college credits to meet the hiring standards in Sec.  
235.11(g)(1) and (2) are not allowable.
* * * * *

0
12. Amend Sec.  235.11 as follows:
0
a. In paragraph (b)(2)(iv), remove the word ``and'' at the end;
0
b. In paragraph (b)(2)(v), remove the period and add ``; and'' in its 
place;
0
c. Add paragraph (b)(2)(vi); and
0
d. Add paragraph (g).
    The additions read as follows:


Sec.  235.11  Other provisions.

* * * * *
    (b) * * *
    (2) * * *
    (vi) Meeting the professional standards required in paragraph (g) 
of this section.
* * * * *
    (g) Professional standards. State agencies must meet the minimum 
hiring and training standards established by FNS.
    (1) Hiring standards for State directors of school nutrition 
programs. Beginning July 1, 2015, newly hired State agency directors 
with responsibility for the administration of the National School Lunch 
Program under part 210 of this chapter and the School Breakfast Program 
under part 220 of this chapter must have:
    (i) Bachelor's degree with an academic major in areas including 
food and nutrition, food service management, dietetics, family and 
consumer sciences, nutrition education, culinary arts, business, or a 
related field;
    (ii) Extensive relevant knowledge and experience in areas such as 
institutional food service operations, management, business, and/or 
nutrition education (experience in three or more of these areas highly 
recommended); and
    (iii) Additional abilities and skills needed to lead, manage and 
supervise people to support the mission of Child Nutrition programs.
    (iv) It is also strongly preferred that new hires possess:
    (A) Master's degree with an academic major in areas including food 
and nutrition, food service management, dietetics, family and consumer 
sciences, nutrition education, culinary arts, business, or a related 
field;
    (B) At least five years of experience leading people in 
successfully accomplishing major multi-faceted projects related to 
child nutrition and/or institutional foodservice management; and
    (C) Professional certification in food and nutrition, food service 
management, school business management or a related field as determined 
by FNS.
    (2) Hiring standards for State directors of distributing agencies. 
Beginning July 1, 2015, newly hired State agency directors with 
responsibility for the administration of the distribution of USDA 
donated foods under part 250 of this chapter must have:
    (i) Bachelor's degree in any academic major;
    (ii) Extensive relevant knowledge and experience in areas such as 
institutional food service operations, management, business, and/or 
nutrition education; and
    (iii) Additional abilities and skills needed to lead, manage and 
supervise people to support the mission of Child Nutrition programs.
    (iv) It is also strongly preferred that new hires possess at least 
five years of experience in institutional food service operations.

[[Page 11096]]

    (3) Continuing education/training standards for State directors of 
school nutrition programs and distributing agencies. Each school year, 
all State directors with responsibility for the National School Lunch 
Program under part 210 of this chapter and the School Breakfast Program 
under part 220 of this chapter, as well as those responsible for the 
distribution of USDA donated foods under part 250 of this chapter, must 
complete a minimum of 15 hours of training in core areas that may 
include nutrition, operations, administration, communications and 
marketing. Additional hours and topics may be specified by FNS, as 
needed, to address Program integrity and other critical issues.
    (4) Provision of annual training. At least annually, State agencies 
with responsibility for the National School Lunch Program under part 
210 of this chapter and the School Breakfast Program under part 220 of 
this chapter, as well as State agencies with responsibility for the 
distribution of USDA donated foods under part 250 of this chapter, must 
provide or ensure that State agency staff receive annual continuing 
education/training.
    (i) Each State agency with responsibility for the National School 
Lunch Program under part 210 of this chapter and the School Breakfast 
Program under part 220 of this chapter must provide a minimum of 18 
hours of continuing education/training to school food authorities. 
Topics include administrative practices (including training in 
application, certification, verification, meal counting, and meal 
claiming procedures); the accuracy of approvals for free and reduced 
price meals; the identification of reimbursable meals at the point of 
service; nutrition; health and food safety standards; the efficient and 
effective use of USDA donated foods; and any other appropriate topics, 
as determined by FNS, to ensure program compliance and integrity or to 
address other critical issues.
    (ii) Each State agency with responsibility for the distribution of 
USDA donated foods under part 250 of this chapter must provide or 
ensure receipt of continuing education/training to State distribution 
agency staff on an annual basis. Topics may include the efficient and 
effective use of USDA donated foods; inventory rotation and control; 
health and food safety standards; and any other appropriate topics, as 
determined by FNS, to ensure program compliance and integrity or to 
address other critical issues.
    (5) Records and recordkeeping. State agencies must annually retain 
records for a period of three years to adequately demonstrate 
compliance with the professional standards for State directors of 
school nutrition programs established in this paragraph.
    (6) Failure to comply. Failure to comply with the professional 
standards in this paragraph may result in sanctions as specified in 
paragraph (b) of this section.

0
13. Revise Sec.  235.12 to read as follows:


Sec.  235.12  Information collection/recordkeeping--OMB assigned 
control numbers.

------------------------------------------------------------------------
  7 CFR Section where  requirements
           are  described                   Current OMB control No.
------------------------------------------------------------------------
235.3(b)............................  0584-0067.
235.4...............................  0584-0067.
235.5(b), (d).......................  0584-0067.
235.7(a), (b).......................  0584-0067.
235.9(c), (d).......................  0584-0067.
235.11..............................  0584-0067.
210.7...............................  0584-0067.
------------------------------------------------------------------------


    Dated: February 24, 2015.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2015-04234 Filed 2-27-15; 8:45 am]
BILLING CODE 3410-30-P