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CNAC Meeting Minutes for September 16, 2013


 

Child Nutrition Advisory Council

An Advisory Body to the State Board Of Education

Meeting Minutes

September 16, 2013

Members Present

Carol Chase Huegli, Caroline Danielson, Lucy McProud, Nori Grossmann, Colleen You,
Barbara Rohrer, Lawrence Herrera, and Soo Zee Park

State Board of Education Member Liaison

Niki Sandoval

Representative for the State Board of Education

Beth Rice

Members Absent

Clell Hoffman, Trish Vance, and Marni Posey

Also Present—California Department of Education

Michael Danzik, Sean Hardin, Andrea Tayo, Sandip Kaur, Tracey Smith, Rae Vant, Sonja Fussi, Karen King,
Janice Hunt, Lisa Melhouse, Karen Bertram, Louise Casias, and Timothy De Herrera

Call to Order

Lawrence (Larry) Herrera, Chair, called the meeting to order at 10:04 a.m.

The Pledge of Allegiance was recited.

Approval of Agenda

Lucy McProud moved to approve the agenda for September 16, 2013, and Colleen You seconded the motion. The Child Nutrition Advisory Council (CNAC) voted to approve the September 16, 2013, agenda.

Approval of Minutes

Colleen You had one edit to make on the CNAC minutes on Page 4, Item 4. Lucy McProud then moved to approve the minutes of the June 3, 2013, meeting. Colleen You seconded the motion. The CNAC voted to approve the minutes of the June 3, 2013, meeting.

There was no public comment.

Agenda Items

Item 1

From the Nutrition Services Division (NSD), Sandip Kaur, Director, and Carol Chase Huegli, Associate Director, provided the Director Updates.

Subject: NSD Director's Update
Legislative Updates and Assembly Bill 110

Ms. Kaur informed the CNAC about Assembly Bill (AB) 110. Ms. Kaur explained that the report required by AB 110 is due to the Legislature by October 1, 2013, and is undergoing internal approvals. The NSD completed the required assessment of resource needs for the new Administrative Review (AR) process by June 30, 2013, and 30 additional reviews by June 30, 2013. AB 110 also requires the California State Auditors to audit the California Department of Education (CDE) and 15 school districts. The final report for this audit is due to the Legislature in March 2014.

Cafeteria Funds

Ms. Kaur informed the CNAC about AB 626. The three parts of this bill are: 1. clarifying the education code with competitive foods and beverages, 2. cafeteria funds (removing from the education code), and 3. the definition of supper versus snacks for afterschool programs under the U.S. Department of Agriculture (USDA) meal pattern. This bill is currently on the Governor’s desk for signature.

Ms. Kaur also informed CNAC of the status of Senate Bill 302. This bill is currently on hold and will not move forward. Part of the language was incorporated into AB 110.

New Federal Regulations

Ms. Chase Huegli provided the following federal regulation updates:         

  • Competitive Foods

The USDA issued the interim final rule for competitive foods on June 28, 2013. The rule is effective starting July 1, 2014. A public comment period is open from June 28, 2013, through October 28, 2013.

  • Fresh Fruits and Vegetables

The USDA is due to issue the final rule for the Fresh Fruits and Vegetables Program anytime. This program provides fresh fruit and vegetable snacks between school meals for free and reduced-price students above 50 percent. Currently, the NSD is only able to fund schools that have 86 percent and higher free and reduced-price qualified students.

  • Local School Wellness Policies

The Healthy, Hunger-Free Kids Act (HHFKA) 2010 increased the requirements for Local School Wellness Policies (LSWP). The USDA plans to issue proposed regulations during the winter of this year.

  • Child and Adult Care Food Program Meal Pattern

The regulations for the Child and Adult Care Food Program Meal Pattern are still under federal review. The USDA has continued to delay their release because of the higher priority of school based regulations. There is no news of when this regulatory package will be out.

  • Professional Standards for Child Nutrition Personnel
The USDA plans to issue the proposed regulations for the Professional Standards for Child Nutrition Personnel during the winter of this year. This package will set requirements for competencies of the food service staff at different levels.
Item 2

From the NSD, Karen King, Child Nutrition Supervisor (CNS) I, and Janice Hunt, CNS I, provided information about the new AR process.

Subject: New Administrative Review

Ms. King and Ms. Hunt explained some of the major changes that have occurred to the AR process. The USDA will be issuing proposed changes to the Title 7, Code of Federal Regulations, Part 210 and 220, at which time, the CDE will provide comments. The USDA required a waiver from states to follow the new process. The NSD did submit a waiver and is approved for school year (SY) 2013–14. Overall, the new process is a more streamlined and focused review.

Site Selection

Ms. King and Ms. Hunt informed the CNAC of the highlights of the AR. Ms. King presented the data from SY 2012–13, which included: 1. Postponement of 295 National School Lunch Program reviews, 2. Certification denial of 11 School Food Authorities (SFA), 3. Failure to complete validation by 2 SFAs. There were also 185 SFAs that failed to apply for certification by the June 30, 2013, deadline.

Notification

Ms. King informed the CNAC about the type of notification the SFAs will receive prior to their review. The CDE will notify the SFA by letter, providing both names and contact information of the reviewers and the review dates. The NSD will offer pre-review trainings for those SFAs receiving ARs this school year. The NSD is exploring how to offer other AR trainings and Webinars to all SFAs wanting to attend.   

Highlights

Ms. King and Ms. Hunt informed the CNAC of the major changes of the new AR process including a reduced on-site time with the SFA and a greater focus on technical assistance. The new AR also eliminates the threshold for follow-up reviews, encourages greater collaboration between the state agency and the SFA, allows more time off-site for a more thorough review, and provides more definition to the scope of the on-site review. New tools include: the off-site assessment tool (83 questions total), the meal compliance risk assessment tool, the dietary specifications assessment tool, and the resource management risk indicator tool.

Ms. King and Ms. Hunt informed the CNAC of the timeline. The new AR is now a three year review cycle, whereas before it was five years. Other highlights included the AR expectations for offer versus serve; signage; resource management; outreach for school breakfast and summer; LSWPs; and other Child Nutrition Programs.

Resource Management

Ms. King and Ms. Hunt informed the CNAC of the new resource management component. With the new AR, state agencies must complete a resource management assessment off-site and four weeks prior to the review. The CDE will use the Resource Management Risk Indicator Tool to determine if a comprehensive review is required. This area of review includes: maintenance of nonprofit food service accounts, paid lunch equity, revenue from non-program foods, indirect costs, and USDA Foods.

Ms. King informed the CNAC of the USDA AR Guidance External link opens in new window or tab. Web page for more information.

Training Plan

Ms. King and Ms. Hunt informed the CNAC of the training plan including Webinars and a three hour face-to-face training at the California School Nutrition Association (CSNA) State Day in Palm Springs on November 14, 2013. The NSD will also provide pre-review trainings by the Child Nutrition Consultants in November 2013, and additional Webinars on specific areas of the new AR process that need clarification.

Overview/Summary and Key Changes

Ms. King and Ms. Hunt provided a brief summary. The key changes are as follows:

off-site and on-site review, using the risk assessment tools, doing outreach, and “other” program reviews. The new AR process also includes breakfast, signage, a three-year cycle (versus a five-year cycle), financial health, and LSWPs.

CNAC Recommendations: No recommendations, only discussion/information sharing.

ACTION: None

The CNAC adjourned for lunch at 12:10 p.m.

The meeting was reconvened at 1:10 p.m. after lunch.

Item 3

From the NSD, Sean Hardin, Associate Governmental Program Analyst (AGPA), Tracey Smith, AGPA, and Andrea Tayo, AGPA, provided information about the Cafeteria Fund Management.

Subject: Cafeteria Fund Management
Updates

Mr. Hardin informed the CNAC of the activities of the NSD since the Food Fight Report had been published.

  • Creation of the Cafeteria Fund Web Page on the CDE Web site, which includes hyperlinks to the following resources:

    • CDE Management Bulletins
    • Federal Regulations
    • The California Education Code
    • The California School Accounting Manual
    • The CDE approved tri-fold handout, provided at this meeting
    • Frequently Asked Questions
    • The cafeteria fund e-mail address (snpcafefundquestions@cde.ca.gov)

  • Publication of three additional Management Bulletins

  • The CDE’s new monitoring efforts

    • New three-year AR process
    • Three-year reactive and proactive spending plans

  • The NSD’s participation in conferences, trainings, and presentations

  • The NSD’s creation of a series of four Webinars
Cafeteria Fund Principles

Mr. Hardin explained that the Cafeteria Fund principles follow sound business practice and fiduciary principles. By understanding these principles, we can learn to understand the “why” of the regulations for Cafeteria Funds. Mr. Hardin explained that the cafeteria should be run like a business. This includes using both the sound business practice principles and the fiduciary responsibility principles—these two principles can overlap. Mr. Hardin went through some practical examples that helped clear up some of the confusion of what would be an allowable expense of the cafeteria funds and what would not be an allowable expense. For example, holding a bicycle raffle with a prize being used with bonus points from a food service vendor would not be an allowable charge to the cafeteria fund. Such activities of this type can be paid by the District’s General Fund or through outside groups (i.e., the Parent Teacher Association). Another example is installing water fountains. This is an allowable expense if the water fountain is attached to existing plumbing in the cafeteria or where meals are served. In summary, the sound business practice and fiduciary responsibility principles are two underlying principles of the cafeteria fund principles that can overlap, but are essential to understand the “why” of the regulations put in place with the Cafeteria Funds and the allowable expenses for those funds.

CNAC Recommendations: No recommendations, only discussion/information sharing.   

ACTION: None

Item 4

From the NSD, Lisa Melhouse, Nutrition Education Assistant, provided information about the Outreach Toolkit to Promote California School Meals.

Subject: California School Meals Outreach Toolkit
Background and Outreach Toolkit Web Page

Ms. Melhouse explained the driving forces that led to the development of the online California School Meals Outreach Toolkit. The first driving force was from the Training and Educational Needs Assessment (TENA) Advisory Committee and the second was from the release of the HHFKA and the implementation of the new meal pattern. The Toolkit will assist districts in their effort to increase student and community awareness regarding improvements in the school meal program. The NSD convened an Advisory Group to help with the development of the Toolkit. Representation included small, medium, and large school districts, the CSNA, the TENA Advisory Committee, the California Food Policy Advocates, The California Endowment, and NSD staff.

Ms. Melhouse then walked through the Outreach Toolkit Web page. Some of the key areas included: The Home page; steps to Developing YOUR Outreach Plan; target audiences with simple tips that could be used at their schools; staff training and motivating tips for food service staff; tips for media outreach (especially utilizing social media, such as Twitter and Facebook); menu ideas; sharing and collaborating with others from different school districts; cafeteria promotions; best practices corner; and links to Web resources from different states and partners.

Promoting Toolkit and Plans to Expand

Ms. Melhouse explained that, in the past year, the toolkit was promoted at five CSNA Chapter meetings. The meeting presentations included an overview of the Toolkit and an activity utilizing the kit. This way, the groups could see how they could utilize the Toolkit for their own district and put it into action. The NSD has marketed the Toolkit through print materials, at different conferences, and through a Management Bulletin. Ms. Melhouse explained the next steps in the promotion of the Outreach Toolkit including two sessions at the CSNA Annual conference in November 2013 and development of a Webinar to promote the Toolkit and to share tips for its use. The NSD will reconvene the Advisory Group to assess the effectiveness of the Toolkit and make revisions or additions needed to make it more effective. As per CNAC recommendation, the NSD will add a section on the use of salad bars as a marketing strategy. The CNAC said that the Web page looked very colorful, user friendly and helpful, and they could see districts utilizing these tools. 

CNAC Recommendations: No recommendations, only discussion/information sharing.

ACTION: None

Item 5

From the NSD, School Food Service Contracts Unit (SFSCU), Rae Vant, Staff Services Manager I, Sonja Fussi, AGPA, and Timothy De Herrera, AGPA, provided information about the Food Service Management Company Contracts.

Subject: Food Service Management Company Contracts
Procedures

Ms. Vant explained that since presenting to the CNAC in April 2012, her unit has educated, guided, and assisted SFAs with procuring Food Service Management services, and helped schools come into compliance. She informed the CNAC of the pre-approval process that SFAs must follow. She also explained that SFAs need to monitor the contract, such as tracking rebates, discounts, and credits, and ensure allowable cafeteria fund costs.

Ms. Vant shared that it is currently taking the NSD 90 days to review and approve all of the proposed procurement documents (i.e., Request for Proposal [RFP] and contract). Because the NSD received numerous contracts at the same time (i.e., 160 contracts to review per year with five staff), the NSD is under a tight deadline to complete the review. This underscores the importance of SFAs sending in the documents at least 90 days in advance of the posting date. Ms. Vant informed the CNAC that the NSD is considering whether staggering the due dates may be a possible solution to timely review and delays in approval.

Ms. Vant informed the CNAC of the challenges faced over the past few months. Prior to April of this year, the CDE was not staffed to adequately address non-compliance by SFAs with federal procurement regulations. With the new unit and tighter enforcement, SFAs may consider the CDE’s oversight too restrictive and complex.

How the CNAC Can Help

Ms. Vant informed the CNAC that the best way the CNAC can help is to spread the word to the appropriate SFA staff (i.e., Superintendents, Chief Business School Officers, Food Service Directors, and others involved in the food service operation), and that the NSD and the SFSCU are here to help guide and assist the SFAs to comply with procurement regulations, educate them about potential pitfalls in certain contract provisions, and point out the benefits of a well written RFP and contract, which will result in more favorable contract terms for the SFA.

Benefits of Procurement Planning

Ms. Vant also informed the CNAC of the benefits of procurement planning by the SFAs. Careful procurement planning is worthwhile and results in a tremendous impact on the effective use of the SFA’s resources, especially Program funds; the SFA’s ability to obtain high quality products and services at the lowest possible cost and provide higher-quality and more nutritious meals to its children; and, the SFA’s compliance with applicable procurement regulations.

CNAC Recommendations: No recommendations, only discussion/information sharing.

ACTION: None

Item 6

From the NSD, Michael Danzik, NEC, provided information about the Competitive Foods and Beverages Update.

Subject: Competitive Foods and Beverages Update

Mr. Danzik shared that the USDA released the proposed competitive food rule in February 2013 and the public comment period for the proposed rule ended on

April 9, 2013. In a previous CNAC meeting, suggestions of input were made for the proposed rule public comment period. On June 28, 2013, the USDA issued the interim final rule. The interim final rule simplifies USDA’s ability to make additional changes in the regulations than if they issued a final rule. The interim final rule includes three important dates: August 27, 2013, schools must provide access to free water for breakfast when breakfast is served in the cafeteria; October 28, 2013, the last day the USDA will accept public comments on the interim final rule; and, July 1, 2014, at which time all of the requirements go into effect. Regarding the public comment period, the NSD will submit comments and focus on those previously submitted through the proposed comment period where USDA did not respond. Due to these upcoming changes, the NSD will provide training starting in or around December. These trainings will include Webinars, face-to-face trainings, and conference sessions.

Mr. Danzik also informed the CNAC of the Competitive Foods and Beverage updates in AB 626. If AB 626 is signed by the Governor, it will go into effect January 1, 2014. Mr. Danzik shared the changes in AB 626 which will streamline current California competitive food rules. Two major changes in AB 626 are 1. the definition of “sold,” will include order forms and include when any part of the sale occurs on school campus, and 2. the NSD will be required to monitor state competitive food requirements.

CNAC Recommendations: No recommendations, only discussion/information sharing.          

ACTION: None

Item 7
Agenda for the October 21, 2013 Meeting

The following were suggested as agenda items:

  • NSD Director’s Update, Legislative Updates, Update on fund audits (Budget Change Proposals, Cafeteria Funds, etc.) with Sandip Kaur and Carol Chase Huegli
  • AR Progress Report (i.e., How is the off-site tool working?)
  • Serving Line/Point of Sale Configurations in Relation to Salad Bars with Louise Casias and Clell Hoffman (moved to October)
  • Competitive Foods and Beverages Update with Mike Danzik
  • Digging deeper into Nutrition Education, Nutrition Education Competencies (i.e., “Dig In”), Food Literacy Topic with Jackie, Common Core Math Framework Public Comment Updates with Heather Reed
  • Meal Time Management Survey (i.e., Results of survey from students) with Martie Hague
  • Local Control Funding Formula, Impact on schools for enrolling eligibility of students, Baseline of schools for eligibility (i.e., Changes? Reactions? Best practices?), Free and reduced-priced applications, Local accountability plans (per Colleen You)
  • Agenda for the next meeting

Larry Herrera moved and Lucy McProud seconded that the meeting be adjourned.

The CNAC voted to adjourn at 2:45 p.m.
Questions:   Nutrition Services Division | 800-952-5609
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