83 FR 9447 - Hiring Flexibility Under Professional Standards

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service

Federal Register Volume 83, Issue 44 (March 6, 2018)

This proposed rule would add four flexibilities to the hiring standards for new school nutrition program directors in small local educational agencies (LEAs) and new school nutrition program State directors under the professional standards regulations for the National School Lunch and School Breakfast Programs. First, to address the hiring challenge faced by small LEAs, those with 2,499 or fewer students, this rule would require relevant food service experience rather than school nutrition program experience for new directors. Second, it would provide State agencies with discretion to consider volunteer or unpaid work as relevant food service experience for new school nutrition program directors in small LEAs. Third, to further assist LEAs with less than 500 students, this proposed rule would expand the existing regulatory flexibility which gives State agencies discretion to accept less than the required years of food service experience when an applicant for a new director position has the minimum required education. Fourth, this rule would also add flexibility to the hiring standards for State directors of school nutrition programs by considering applicants with either a bachelor's or a master's degree in specific, relevant fields. These proposed changes are expected to expand the pool of candidates qualified to serve as leaders in the school nutrition programs while continuing to ensure that school nutrition professionals are able to perform their duties effectively and efficiently.

[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Proposed Rules]
[Pages 9447-9451]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04233]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / 
Proposed Rules

[[Page 9447]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210 and 235

[FNS-2017-0039]
RIN 0584-AE60


Hiring Flexibility Under Professional Standards

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would add four flexibilities to the hiring 
standards for new school nutrition program directors in small local 
educational agencies (LEAs) and new school nutrition program State 
directors under the professional standards regulations for the National 
School Lunch and School Breakfast Programs. First, to address the 
hiring challenge faced by small LEAs, those with 2,499 or fewer 
students, this rule would require relevant food service experience 
rather than school nutrition program experience for new directors. 
Second, it would provide State agencies with discretion to consider 
volunteer or unpaid work as relevant food service experience for new 
school nutrition program directors in small LEAs. Third, to further 
assist LEAs with less than 500 students, this proposed rule would 
expand the existing regulatory flexibility which gives State agencies 
discretion to accept less than the required years of food service 
experience when an applicant for a new director position has the 
minimum required education. Fourth, this rule would also add 
flexibility to the hiring standards for State directors of school 
nutrition programs by considering applicants with either a bachelor's 
or a master's degree in specific, relevant fields. These proposed 
changes are expected to expand the pool of candidates qualified to 
serve as leaders in the school nutrition programs while continuing to 
ensure that school nutrition professionals are able to perform their 
duties effectively and efficiently.

DATES: Written comments must be received on or before May 7, 2018 to be 
assured of consideration.

ADDRESSES: The Food and Nutrition Service, USDA, invites interested 
persons to submit written comments on this proposed rule. Comments may 
be submitted in writing by one of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Send comments to School Programs Branch, Policy and 
Program Development Division, Food and Nutrition Service, 3101 Park 
Center Drive, 12th Floor, Alexandria, Virginia 22302.
    All written comments submitted in response to this proposed rule 
will be included in the record and will be made available to the 
public. Please be advised that the substance of the comments and the 
identity of the individuals or entities submitting the comments will be 
subject to public disclosure. FNS will make the written comments 
publicly available on the internet via http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Tina Namian, Chief, School Programs 
Branch, Policy and Program Development Division, Food and Nutrition 
Service, 3101 Park Center Drive, 12th Floor, Alexandria, Virginia 
22302; 703-305-2590.

SUPPLEMENTARY INFORMATION: On July 1, 2015, FNS implemented 
professional standards for school nutrition personnel who manage and 
operate the National School Lunch Program (NSLP) and School Breakfast 
Program (SBP), as required by the final rule Professional Standards for 
State and Local School Nutrition Programs Personnel as Required by the 
Healthy, Hunger-Free Kids Act of 2010 (80 FR 11077) and section 7(g) of 
the Child Nutrition Act of 1966 (42 U.S.C. 1776(g)). The professional 
standards consist of hiring and training standards as follows:
     Hiring standards for new school nutrition program 
directors of school food authorities (SFAs). These hiring standards, 
established at 7 CFR 210.30(b)(1)(i), (ii) and (iii), are based on 
student enrollment for three local educational agency (LEA) sizes: 
2,499 students or less; 2,500-9,999 students; and 10,000 or more 
students.
     Hiring standards for new State directors of school 
nutrition programs and new State directors of distributing agencies. 
These hiring standards are established at 7 CFR 235.11(g)(1) and (2), 
respectively.
     Annual training hours for all State directors of school 
nutrition programs and all State directors of distributing agencies 
(established at 7 CFR 235.11(g)(3) and (4)); and annual training hours 
for all local school nutrition program personnel--directors (at 7 CFR 
210.30(b)(3)), managers (at 7 CFR 210.30(c)), and staff (at 7 CFR 
210.30(d)).
    The professional standards are intended to ensure that school 
nutrition professionals who manage and operate the NSLP and SBP have 
adequate knowledge and training to meet program requirements. Requiring 
proper qualifications to serve in the NSLP and SBP is expected to 
improve the quality of school meals, reduce errors, and enhance program 
integrity.

School Nutrition Program Directors

    As explained earlier, at the local level, the hiring standards are 
based on the LEA size. To facilitate recruitment and hiring of new SFA 
directors in small LEAs with less than 500 students, current 
regulations at 7 CFR 210.30(b)(1)(i)(D) give State agencies discretion 
to allow the hiring of a new school nutrition program director who 
holds a high school diploma but less than the required three years of 
school nutrition program experience.
    Since implementation of the professional standards in 2015, FNS has 
received multiple inquiries from State agencies on behalf of SFAs that 
are facing challenges with the hiring standards applicable to LEAs with 
500 to 2,499 students. The majority of the inquiries and/or waiver 
requests received by FNS originated in the Mountain Plains Region, 
which includes States with small LEAs such as those in rural and/or in 
Tribal communities. These small LEAs often have difficulty recruiting 
new school nutrition program directors with previous school nutrition 
program experience, as currently required by the professional standards 
regulations.
    The current regulations at 7 CFR 210.30(b)(1)(i) require from one 
to three

[[Page 9448]]

years of prior school nutrition program experience, depending on the 
level of education attained by the new director. Applicants with an 
associate's degree, or the equivalent, in a relevant field are required 
to have at least one year of relevant school nutrition program 
experience. Applicants with a high school diploma, or the equivalent, 
are required to have at least three years of relevant school nutrition 
program experience. School nutrition program experience is not required 
for new directors with: (1) 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; or (2) a bachelor's degree with any 
academic major or area of concentration and a State-recognized 
certificate for school nutrition directors.
    Informal input received by FNS at State agency meetings and through 
other State agency contacts reveals that SFAs operating in small LEAs, 
particularly those in rural or less populated areas, often struggle to 
find applicants with school nutrition program experience. In the school 
meal programs, there are approximately 6,500 LEAs with an enrollment 
between 500-2,499 students, which represents about 36 percent of the 
LEA population nationwide. These small LEAs are found in States across 
the nation, including California, Colorado, Iowa, Montana, New Mexico, 
South Dakota, and Wisconsin. For example, within the last two years, 
six SFAs in one State agency were diligent in advertising director 
vacancies but were not able to hire new directors with the required 
school nutrition program experience due to the limited pool of 
applicants in the local labor market. Most applicants in these small 
LEAs have acquired relevant food service experience by working as 
managers or chefs at local restaurants and healthcare facilities. If a 
SFA hires a new director without the required education or school 
nutrition program experience, in violation of program requirements, the 
SFA is not permitted to use funds from the non-profit school food 
service account, which includes NSLP and SBP reimbursements, to pay the 
salary of the director at issue. This fiscal impact could jeopardize a 
SFA's financial viability and ability to participate in the NSLP and 
SBP.
    To assist these SFAs with this challenge and provide more local 
control over hiring decisions that reflect their unique labor markets, 
FNS proposes the following changes to the hiring standards at 7 CFR 
210.30(b)(1)(i) for LEAs with 2,499 students or less:
     Remove the school nutrition program experience requirement 
for new directors, and instead require relevant food service experience 
for this LEA size only;
     Provide State agencies the discretion to consider 
applicants' volunteer or unpaid food service experience on a case-by-
case basis. This optional flexibility is expected to be particularly 
useful for small LEAs, such as charter and Tribal schools; and
     In small LEAs with less than 500 students, provide the 
State agency discretion to approve the hire of a director who has less 
than the required years of food service experience, provided that the 
applicant has the minimum education specified in the hiring standards 
for LEAs with 2,499 students or less.
    These proposed flexibilities are intended to provide LEAs with 
2,499 students or less increased access to a larger pool of applicants 
with relevant food service experience gained inside or outside the 
NSLP/SBP and applicable to the director's position. This food service 
experience could be either in a paid food service position (e.g., 
restaurant manager or cook) or could be gained in an unpaid food 
service position (e.g., an unpaid apprenticeship/internship program or 
as a volunteer food service work in a community organization, such as a 
homeless shelter). The flexibility to consider unpaid experience, which 
is available at the discretion of the State agency on a case-by-case 
basis, acknowledges that in small communities there are few employment 
opportunities in food service but residents often volunteer to manage 
food service activities for civic and community organizations. Upon 
implementation of this proposed rule, an applicant with paid and/or 
unpaid experience managing the food service at a healthcare facility, 
restaurant, civic/community organization, or other type of 
establishment could be considered for a director's position, provided 
that the applicant also has the required education.
    To provide additional assistance to small LEAs with less than 500 
students, this proposed rule would modify the current optional 
flexibility at 7 CFR 210.30(b)(1)(i)(D), which provides State agencies 
discretion to allow an SFA to hire a new school nutrition program 
director with a high school diploma and less than the required years of 
experience. This proposed rule would allow the State agency to apply 
this optional flexibility to address hiring issues in LEAs with less 
than 500 students if an applicant has either a high school diploma, an 
associate's degree, or a bachelor's degree but less than the required 
years of food service experience. Ideally, a new program director in 
this situation would have some paid or unpaid food service experience. 
By expanding the existing optional flexibility at Sec.  
210.30(b)(1)(i)(D) to include other educational levels, FNS affirms its 
commitment to provide small LEAs with less than 500 students more local 
control to address their unique hiring challenges.
    Based on the inquiries, waiver requests, and anecdotal input from 
State agencies, FNS understands that these proposed flexibilities would 
be helpful for LEAs with 2,499 students or less, such as rural and 
Tribal schools, residential child care institutions, and charter 
schools. It is important to stress that these proposed flexibilities 
only address the specialized experience requirement at 7 CFR 
210.30(b)(1)(i) and would not affect the number of years of experience 
required, which ranges from one to three years based on the level of 
education of the new director, except in specific situations where the 
State agency may use its discretion to assist an LEA with less than 500 
students (as explained earlier).
    Also, although this proposed rule would remove the specialized 
experience requirement for new SFA directors in LEAs with 2,499 
students or less, hiring a new school nutrition program director with 
school nutrition program experience is a best practice. Minimizing the 
learning curve helps contribute to a smooth transition during a 
personnel change, especially at this level of program administration. 
Otherwise, significant State agency support and guidance would be 
essential during the first year to ensure that the new director is able 
to manage the SFA's meal service as required by program regulations. 
Additionally, the Orientation to School Nutrition Management Seminar 
and other training resources from the Institute of Child Nutrition are 
available to help a new director who has little or no program 
experience conduct the day-to-day operations of the NSLP and SBP 
successfully.
    This proposed rule would not amend the school nutrition program 
experience requirement for new directors in larger LEAs, those with 
2,500 students or more. Operational experience since implementation of 
the professional standards in 2015 has not revealed issues with the 
experience requirement for larger LEAs, which are often located in 
large towns or cities in urban areas. FNS understands that such LEAs, 
which have a more complex school food service operation, generally have 
access

[[Page 9449]]

to a more robust pool of applicants. Therefore, specific school 
nutrition program experience would remain in place for new directors in 
LEAs with 2,500 students or more, as required under 7 CFR 
210.30(b)(1)(ii) and (iii).

State Directors

    At the State agency level, the professional standards consist of 
hiring standards for new State directors of school nutrition programs, 
hiring standards for new directors of distributing agencies, and annual 
training standards for new and current State directors. These 
requirements are established at 7 CFR 235.11(g).
    FNS is proposing to allow flexibility in the hiring standards for 
new State directors of school nutrition programs to attract a larger 
number of professionals qualified to lead and manage the school 
nutrition programs statewide. For a new State director of school 
nutrition programs, the current regulations at 7 CFR 235.11(g)(1)(i) 
require a bachelor's degree with an academic major in food and 
nutrition, food service management, dietetics, family and consumer 
sciences, nutrition education, culinary arts, business, or a related 
field. A master's degree in one of the specified fields is strongly 
preferred.
    To accommodate applicants who have a master's degree in one of the 
specified fields but a bachelor's degree in a non-related field, FNS 
proposes to add a master's degree in a relevant field to the basic 
qualifications listed in 7 CFR 235.11(g)(1)(i). This is intended to 
help ensure that highly educated individuals are not unintentionally 
prevented from serving as State director of school nutrition programs. 
Adding a master's degree in a relevant field to the basic 
qualifications acknowledges that many professionals change careers and 
gain relevant experience through advanced education in areas relevant 
to school nutrition. For example, a State agency supervisor who has a 
bachelor's degree in political science and a master's degree in 
nutrition education or public administration could be considered to 
serve as a State director of school nutrition programs.
    Accordingly, this proposed rule would add more flexibility to the 
hiring standards in 7 CFR 210.30(b)(1)(i) for new LEA-level school 
nutrition program directors, and in 7 CFR 235.11(g)(1)(i) for new 
statewide school nutrition program directors to expand the pool of 
candidates qualified to serve in the school nutrition programs. FNS 
invites public comments on the specific flexibilities addressed in this 
proposed rule. Public comments will be extremely helpful in the 
development of the final rule.

Procedural Matters

Executive Order 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 proposed rule promotes flexibility in the hiring 
standards for State and local school nutrition personnel but has no 
measurable costs or benefits. This 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, no Regulatory Impact Analysis is 
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 certified that this rule would not have a significant impact on a 
substantial number of small entities. This proposed rule would not have 
an adverse impact on small entities in the National School Lunch 
Program and School Breakfast Program rather it would ease program 
operations by adding flexibility in the hiring standards for new 
directors in small local educational agencies and new directors of 
State agencies.
    Impact: The provisions of this proposed rule would apply to LEAs 
with 2,499 students or less, and to State agencies operating the 
National School Lunch Program and School Breakfast Program. These 
entities meet the definitions of ``small governmental jurisdiction'' 
and ``small entity'' in the Regulatory Flexibility Act. These entities 
would be able to quickly benefit from the hiring flexibilities proposed 
in this rule.

Executive Order 13771

    This proposed rule is an E.O. 13771 deregulatory action that seeks 
to ease the professional standards regulations for State directors of 
school nutrition programs and for school nutrition program directors in 
small LEAs with 2,499 students or less, which are often found in rural 
communities facing labor market challenges. This rule addresses hiring 
challenges identified by the State agencies that administer the Child 
Nutrition Programs. It would add flexibility to hiring standards by 
expanding the range of allowable education for new State directors, and 
the range of allowable food service experience for new local directors 
in small LEAs.

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 proposed 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 National School Lunch Program and School Breakfast Program are 
listed in the Catalog of Federal Domestic Assistance under Number 
10.555 and Number 10.553, respectively, and are subject to Executive 
Order 12372, which requires intergovernmental consultation with State 
and local officials. (See 2 CFR chapter IV.) Since the Child Nutrition 
Programs are State-administered, USDA's Food and Nutrition Service 
(FNS) Regional Offices have formal and informal discussions with State 
and local officials, including representatives of Indian Tribal 
Organizations, on an

[[Page 9450]]

ongoing basis regarding program requirements and operation. Discussions 
also take place in response to technical assistance requests submitted 
by the State agencies to the FNS Regional Offices. This regular 
interaction with State and local operators provides FNS valuable input 
that informs rulemaking. Based on the inquiries and waiver requests 
from the State agencies disclosing challenges with the professional 
standards regulations, FNS is proposing specific flexibilities to 
address the requirement issues in a manner that promotes program 
efficiency and effectiveness.

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.
    The Department has considered the impact of this rule on State and 
local governments and has determined that this rule does not have 
federalism implications. Therefore, under section 6(b) of the Executive 
Order, a federalism summary is not required.

Executive Order 12988, Civil Justice Reform

    This proposed 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. This rule is not intended to have 
retroactive effect. Prior to any judicial challenge to the provisions 
of this rule, all applicable administrative procedures must be 
exhausted.

Civil Rights Impact Analysis

    FNS has reviewed this proposed rule in accordance with USDA 
Regulation 4300-4, ``Civil Rights Impact Analysis,'' to identify any 
major civil rights impacts the rule might have on Program participants 
on the basis of age, race, color, national origin, sex or disability. 
After a careful review of the rule's intent and provisions, FNS has 
determined that this rule is not expected to affect the participation 
of protected individuals in the National School Lunch Program and 
School Breakfast Program, or limit the ability of protected classes of 
individuals to serve as new directors in LEAs and State agencies. The 
provisions of this proposed rule would add flexibility to the existing 
hiring standards for new directors in order to address difficulties 
faced by program operators in finding qualified applicants.

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 will notify Tribal 
leaders about this proposed rule to encourage public comments, and 
intends to brief Tribal leaders at one of the quarterly consultations 
or conference calls scheduled by the Office of Tribal Relations.
    FNS has assessed the impact of this proposed rule on Indian tribes 
and determined that this rule does not, to our knowledge, have negative 
Tribal implications that require Tribal consultation under E.O. 13175. 
If a Tribe requests consultation on this rule, FNS will work with the 
Office of Tribal Relations to ensure meaningful consultation is 
provided where changes, additions and modifications identified herein 
are not expressly mandated by Congress. We are unaware of any current 
Tribal laws that could be in conflict with the proposed provisions of 
this rule and anticipate that the proposed hiring flexibilities will 
benefit Tribal schools.
    When implemented, the flexibilities provided by this rule are 
expected to increase the pool of candidates qualified to serve as new 
directors of school nutrition programs in small LEAs. This is expected 
to benefit Tribal communities, which often experience difficulty 
attracting qualified school nutrition personnel.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR 
1320) requires the Office of Management and Budget (OMB) approve all 
collections of information by a Federal agency 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. 
The provisions of this proposed rule do not contain information 
collection requirements subject to approval by the Office of Management 
and Budget under the Paperwork Reduction Act of 1995.

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 proposed to be 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. Amend Sec.  210.30 by:
0
a. Revising paragraph (b)(1)(i) and;
0
b. In the table to paragraph (b)(2), in the column under the heading 
``Student enrollment 2,499 or less'', removing the words ``school 
nutrition program experience'' wherever they appear and adding in their 
place the words ``food service experience''.


Sec.  210.30   School nutrition program professional standards.

* * * * *
    (b) * * *
    (1) * * *
    (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,

[[Page 9451]]

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 either a State-
recognized certificate for school nutrition directors or at least one 
year of relevant food service experience. At the discretion of the 
State agency, and on a case-by-case basis, the relevant food service 
experience may be unpaid;
    (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 food service experience. At the discretion 
of the State agency, and on a case-by-case basis, the relevant food 
service experience may be unpaid; or
    (D) A high school diploma or equivalency (such as the general 
educational development diploma), and at least three years of relevant 
food service experience. At the discretion of the State agency, and on 
a case-by-case basis, the relevant food service experience may be 
unpaid. Directors hired under this criterion are strongly encouraged to 
work toward attaining an associate's degree in an academic major in the 
fields listed in paragraph (b)(1)(i).
    (E) For a local educational agency with less than 500 students, the 
State agency has discretion to approve the hire of a director who meets 
one of the educational criteria in paragraph (b)(1)(i)(A)-(D) but has 
less than the required years of relevant food service experience.
* * * * *

PART 235--STATE ADMINISTRATIVE EXPENSE FUNDS

0
3. 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).


Sec.  235.11  [Amended]

0
4. In paragraph (g)(1)(i), add at the end the words ``or a bachelor's 
degree with any academic major and 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;'' and in paragraph (g)(1)(iv)(A), 
remove the words ``Master's degree'' and add in their place the words 
``Both a bachelor's degree and a master's degree''.

    Dated: January 16, 2018.
Brandon Lipps,
Administrator, Food and Nutrition Service.
[FR Doc. 2018-04233 Filed 3-5-18; 8:45 am]
 BILLING CODE 3410-30-P