WSR 20-01-168
[Filed December 18, 2019, 10:43 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-18-094.
Title of Rule and Other Identifying Information: WAC 392-157-125 Time for school meals.
Hearing Location(s): On April 3, 2020, at 1:30 - 3:30 p[.m.], at the Olympia School District Office, 111 Bethel Street N.E., Olympia, WA 98506; on April 10, 2020 at 1:30 - 3:30 p[.m.], ESD 112, 2500 N.E. 65th Avenue, Vancouver, WA 98661; on April 16, 2020, at 1:30 - 3:30 p[.m.], Spokane School District Office, 200 North Bernard Street, Spokane, WA 99201; and on April 17, 2020, 1:30 - 3:30 p[.m.], ESD 105, 33 South 2nd Avenue, Yakima, WA 98902.
Date of Intended Adoption: April 30 2020.
Submit Written Comments to: Leanne Eko, Office of Superintendent of Public Instruction (OSPI), Child Nutrition, P.O. Box 47200, Olympia, WA 98504, email, by April 17, 2020.
Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-754-4201, TTY 360-664-3631, email, by March 27, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: OSPI is proposing to amend rules related to school meal times and clarify the requirements regarding student lunch durations. These proposed changes would (1) require a minimum seated lunchtime of twenty minutes for all students, and (2) require recess be scheduled before lunch in elementary schools.
Reasons Supporting Proposal: The proposed changes would align with national best practices, research conclusions, and recommendations from the office of the state auditor's performance audit commissioned by OSPI in 2018.
Statutory Authority for Adoption: RCW 28A.235.100.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Leanne Eko, OSPI, 600 Washington Street S.E., Olympia, 360-725-6200.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.030.
Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).
December 17, 2019
Chris P. S. Reykdal
State Superintendent
of Public Instruction
AMENDATORY SECTION(Amending WSR 94-04-097, filed 2/1/94, effective 3/4/94)
WAC 392-157-125Time for meals.
((The))(1) School meal periods.
(a) School breakfast and school lunch periods ((shall))must allow a reasonable amount of time for each child to take care of personal hygiene and enjoy a complete meal.
(b) Beginning in the 2023-24 school year, each school must provide a lunch period that allows all students a minimum of twenty minutes to eat lunch once the students have received their meal.
(2) Recess before lunch. Beginning in the 2023-24 school year, elementary schools must schedule school lunch periods after recess periods.