DAR File No. 41790

Education, Administration

Rule R277-720

Child Nutrition Programs

Notice of Proposed Rule

(Repeal)

DAR File No.: 41790
Filed: 06/09/2017 12:37:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-720 is repealed because the standards, procedures, and programs for Child Nutrition Programs are provided for in federal and state law and unnecessary to repeat in a State Board of Education rule.

Summary of the rule or change:

This rule specifies the standards and procedures for child nutrition programs administered by the Board of Education. Standards, procedures, and programs for Child Nutrition Programs are provided for in federal and state law. Consequently, Rule R277-720 is being repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Section 53A-1-401
• Art X, Sec 3

Anticipated cost or savings to:

the state budget:

Repealing Rule R277-720 will likely not result in a cost or savings to the state budget. Provisions are provided for in federal and state law, making this rule unnecessary.

local governments:

Repealing Rule R277-720 will likely not result in a cost or savings to local government. Provisions are provided for in federal and state law, making this rule unnecessary.

small businesses:

Repealing Rule R277-720 will likely not result in a cost or savings to small businesses. Provisions are provided for in federal and state law, making this rule unnecessary.

persons other than small businesses, businesses, or local governmental entities:

Repealing Rule R277-720 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Provisions are provided for in federal and state law, making this rule unnecessary.

Compliance costs for affected persons:

Repealing Rule R277-720 will likely not result in any compliance costs for affected persons. Provisions are provided for in federal and state law, making this rule unnecessary.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that repealing this rule will not result in a fiscal impact to businesses.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

[ R277-720. Child Nutrition Programs.

R277-720-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "USOE" means the Utah State Office of Education.

 

R277-720-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, by Section 53A-1-402(1)(b) which directs the Board to make rules and minimum standards regarding access to programs, and by Section 53A-1-402(3) which authorizes the Board to administer funds made available through programs of the federal government.

B. The purpose of this rule is to specify the standards and procedures for child nutrition programs administered by the Board.

 

R277-720-3. Standards and Procedures for Child Nutrition.

A. The Board adopts the following laws and regulations found at the Utah State Office of Education Child Nutrition Section and law libraries and hereby incorporates them by reference:

(1) the Richard B. Russell National School Lunch Act, 42 USC 1751, et seq.;

(2) the Child Nutrition Act of 1966, 42 USC 1771, et seq.; and

(3) the Emergency Food Assistance Act, 7 USC, 7501, et seq.

B. The Board shall act in accordance with the following publications available from the USOE Child Nutrition Section:

(1) Administrative Manual, NSLP/NSBP/SMP, 2010;

(2) Administrative Manual, CACFP (FDCH), 2012;

(3) Administrative Manual, Centers, 2012;

(4) Code of Federal Regulations, Chapter 7;

(5) state plans and agreements which are required and submitted under applicable federal law; and

(6) guidance and instructions issued by USDA regarding laws and regulations identified in R277-720-3.

 

R277-720-4. Programs.

The Board administers the following federal child nutrition programs:

A. National School Lunch Program;

B. School Breakfast Program;

C. Special Milk Program;

D. Child and Adult Care Food Program;

E. Summer Food Service Program for Children;

F. Food Distribution Program; and

G. At Risk After School Snack Program.

 

KEY: school lunch program, nutrition

Date of Enactment or Last Substantive Amendment: May 8, 2012

Notice of Continuation: August 14, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1)(b); 53A-1-402(3) ]