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CNAC Meeting Minutes for April 14, 2014


 

Child Nutrition Advisory Council

An Advisory Body to the State Board Of Education

Meeting Minutes

April 14, 2014

Members Present

Nori Grossmann, Clell Hoffman, Trish Vance, Lawrence Herrera,
Soo Zee Park, Barbara Rohrer, Carol Chase Huegli, and Colleen You

State Board of Education Member Liaison

Niki Sandoval

Representative for the State Board of Education

Beth Rice

Members Absent

Caroline Danielson, Lucy McProud, and Marni Posey

Also Present—California Department of Education

Michael Danzik, Kimberly Frinzell, Heather Reed, Carol Bingham,
Whitney Staniford, Mandeep Punia, Christine Swenson, and Lilly Ko

The Pledge of Allegiance was recited. Members and other attendees introduced themselves.

Approval of Agenda

Carol Chase Huegli made the following changes to the Child Nutrition Advisory Council (CNAC) agenda: change Sandip Kaur to Michael Danzik for Item 1 to discuss the new definition of “sold”. Colleen You then moved to approve the agenda for April 14, 2014, and Clell Hoffman seconded the motion. The CNAC voted to approve the April 14, 2014, agenda.

Approval of Minutes to the February 10, 2014, CNAC Meeting

Nori Grossmann made one edit to Item 2, page 5. Carol Chase Huegli then moved to approve the minutes and Nori Grossmann seconded the motion. The CNAC voted to approve the minutes of the February 10, 2014, meeting.

There was no public comment.

Agenda Items

Item 1

Niki Sandoval was connected to the meeting via conference call.

From the Nutrition Services Division (NSD), Carol Chase Huegli, Associate Director, and Michael Danzik, Nutrition Education Consultant (NEC), provided the Director Updates and Whitney Staniford, Legislative Representative, provided the Government Affairs Division Updates.

Subject: Nutrition Services Division Director’s Update
General Updates

Mr. Danzik informed the CNAC about the new definition of “sold” that was changed in Assembly Bill (AB) 626 (Skinner), effective January 1, 2014, relating to competitive foods and beverages. Found under California Education Code (EC), Section 49430(f), the updated definition of sold reads:

Sold’ means the exchange of food or beverages for money, coupons, vouchers, or order forms, when any part of the exchange occurs on a school campus.

Mr. Danzik shared that the California Department of Education (CDE), NSD, originally enforced and interpreted the definition of sold as any time an exchange of money for coupons or vouchers occurred, or any time an order form was provided to a student during the school day on the school campus. Therefore, the competitive food or beverage exchanged for the coupon, voucher, or order form must be compliant, regardless of when the food or beverage was ultimately given to the student. The NSD has conducted a number of trainings to share this information and interpretation. However, the NSD recently received guidance that the definition of sold, as written in EC 49430(f), must be implemented by public, noncharter school districts and schools as follows:

A competitive food or beverage is sold only when there is an actual exchange of foods and/or beverages.

An exchange of money for coupons or vouchers, or providing an order form to a student does not constitute a sale and, therefore, the competitive food and beverage rules do not apply to these types of exchanges. The definition of sold does apply during the school day on the school campus at the time a student buys foods and/or beverages for money, redeems a purchased coupon or voucher for foods and/or beverages, or when the student receives foods and/or beverages from an order form. If the foods and/or beverages are noncompliant, according to EC sections 49430, 49431, 49431.2, and 49431.5, the student must collect the foods and/or beverages off school campus or one-half hour after the end of the school day if on school campus. Ms. Chase Huegli shared that this definition allows more flexibility than what the NSD intended.  The CNAC shared their input of leaving this definition more flexible for the local educational agencies. The local agency has the authority to create a stricter definition through their district Local School Wellness Policy (LSWP). The CNAC also raised some concerns including:

  • It may be difficult to the monitor this definition at the local level (e.g., no documentation or data for it)
  • The definition still promotes unhealthy eating by allowing students to pick up noncompliant items off school campus or one-half hour after the end of the school day if on school campus
  • Foods or beverages allowed for fundraisers may be too restrictive with very few solutions being offered or recommended

The CNAC suggested solutions including having more nutrition education, moving more toward other options and alternatives rather than unhealthy food fundraising, and providing more clarity on regulation content and intent.

Administrative Review Updates

Ms. Chase Huegli informed the CNAC of the Administrative Review (AR) Updates. She shared that the new AR process is more workload and takes 66 percent longer than the past Coordinated Review Effort (CRE) process. However, this longer process might also be in part due to a huge learning curve in the beginning. Soo Zee Park commented on her review which occurred during this first year of the AR process. Ms. Park shared that the off-site tool did not work well and was not very helpful to reduce the on-site time. She said the on-site time took longer due to more observations (e.g., watching them cook/prepare the meals) and the reviewers had to pull all their information back together, even though Ms. Park’s school sent this information in prior to the review. However, Ms. Park did say the reviewers were very kind, positive, and supportive in their review and making corrections. Ms. Chase Huegli said the NSD will be looking into the process for making improvements in the future. She shared that the past CRE process looked at everything on-site and the off-site tool is now a resource to help the reviewers look for at-risk areas before the review happens, cutting down the on-site time for the review. However, many reviewers are still verifying everything, even though this is not the intent of the new AR process and managing the information flow, which is creating less efficiency. Ms. Chase Huegli also shared that the length of the AR depends on the size of the school district and number of sites. This impacts the amount of time it takes for the review to be completed on-site and off-site. For example, there will be more applications reviewed for smaller schools and less applications reviewed for larger schools. Ms. Chase Huegli stated that the CDE is looking into more efficient ways to improve this process such as being able to submit applications and eligibility forms electronically in a secure way to review all of them off-site prior to the review.

Government Affairs Division Updates

Ms. Staniford provided the CNAC with a brief overview of legislative updates. She provided the handout of the 2014 SSPI Legislative Priorities during the meeting and talked through the handout. The legislative two year bill session is in its second year. Please refer to the 2014 SSPI Legislative Priorities handout for the most up to date highlights of the legislative updates. One of the legislative update highlights that was not included in the 2014 SSPI Legislative Priorities handout in the meeting included:

  • AB 1902 (Bonta): repeals the family fee for part-day California school preschool programs. A preschool fee can be a barrier for some families. This bill is sponsored by the SSPI.

Not a lot of positions are being taken on these yet and it is still early in the bill session. Ms. Staniford also shared that the CDE is still in the process of reviewing bills. Please refer to the CNAC 4-14-14 Meeting—Legislative Update handout for the highlights of these legislative updates/bills.

The legislative bills listed in the second handout were not provided in a handout at the CNAC meeting. The second handout will be e-mailed to the CNAC after the meeting on April 14, 2014. Beth Rice also asked about the status of Senate Bill (SB) 302 and Ms. Staniford answered that this is now a dead bill. As the legislative session continues, Ms. Staniford offered to provide more legislative updates at upcoming CNAC meetings, including the upcoming June 9, 2014, meeting.

Item 2

From the CNAC, Larry Herrera, Chairperson of the CNAC, provided information about the CNAC Membership Election Nominations.

Subject: CNAC Membership Election Nominations
Reappointments and CNAC Chairperson

Beth Rice informed the CNAC that Larry Herrera, Barbara Rohrer, Trish Vance, and Lucy McProud have been reappointed for another three years by the State Board of Education (SBE) at the State Board meeting on January 16, 2014. Ms. Rice shared that even though there are no term limits, she does not know if the oath must be administered to existing, reappointed CNAC members. Ms. Rice will follow-up on this for the next CNAC meeting. Ms. Rice also suggested to nominate and elect a Vice Chairperson for the next CNAC meeting. Lastly, Ms. Rice reminded the CNAC that their Form 700s are past due (were due April 1, 2014) and they need to be turned in to her as soon as possible, as well as completing the ethics training, if need be (needs to be completed every two years).

Nominations for the CNAC Chairperson were called by Larry Herrera and voting occurred. The CNAC elected Larry Herrera to continue as the Chairperson for the CNAC.

CNAC Recommendations: Approve Larry Herrera continue as the Chairperson for the CNAC.

ACTION: Member Barbara Rohrer nominated Larry Herrera and moved to approve the CNAC recommendations.

Member Colleen You seconded the motion.

Yes votes: Nori Grossmann, Soo Zee Park, Clell Hoffman, Carol Chase Huegli, Larry Herrera, and Trish Vance.

No votes: None.

Members Absent: Caroline Danielson, Marni Posey, and Lucy McProud.

Abstentions: None.

The motion passed with six votes.

Item 3

From the NSD, Kim Frinzell, Nutrition Education Administrator, provided updates about the Professional Standards for State and Local School Nutrition Programs (SNP) Personnel as Required by the Healthy, Hunger Free Kids Act of 2010 (HHFKA).

Subject: Federal Regulation Updates
Professional Standards for State and Local School Nutrition Programs Personnel as Required by the Healthy, Hunger Free Kids Act of 2010 Proposed Rule

Ms. Frinzell provided the CNAC with an update of the Professional Standards for State and Local SNP Personnel as Required by the HHFKA proposed rule in the Federal Register, Volume 79, Number 23. After working with many of CDE’s partners, Ms. Frinzell shared that the CDE submitted their final comments on this proposed rule to the U.S. Department of Agriculture (USDA), Food and Nutrition Service (FNS) on the due date, April 7, 2014. Ms. Frinzell provided the letter with comments of this proposed rule during the meeting and talked through the highlights of the letter, which included five strong recommendations to the USDA, FNS:

  • The CDE is in support of the hiring of directors/existing directors.

    • Recommendation: After July 1, 2015, make the exemption transferable when a previously exempt director competes for a new director’s position in a school food authority (SFA) in their current or lower local educational agency (LEA) student enrollment group. After July 1, 2015, allow seven years of relevant SNP work experience in a management position to qualify as an equivalent to a bachelor’s degree when a previously exempt director competes for a new director’s position within a larger LEA student enrollment group.

  • The CDE is in support of the minimum hiring standards for LEA SNP directors.

    • Recommendation: Maintain the proposed pathways for hiring and include additional pathways for individuals with an associate’s degree with any academic major as well as allow at least seven years of relevant SNP work experience in a management position to qualify as equivalent to a bachelor’s degree for hiring purposes.

  • The CDE wants to clarify the definitions for SNP directors and managers (especially in smaller school districts).

    • Recommendation: The CDE recommends that the USDA provide guidance for applying the definitions in specific situations, through a Questions and Answers document.

  • The CDE wants to clarify the continuing education/training requirement for SNP staff (e.g., pro-rating could cause confusion).

    • Recommendation: The CDE considers training important for all staff and recommends a set requirement of at least four hours of annual continuing education/training for those who work less than 20 hours per week (with 12 hours of training for managers and 15 hours of training for directors).

  • The CDE is in support of the minimum hiring standards for state directors.

    • Recommendation: Make the minimum educational requirement for hiring the state director for distributing agencies the same as for the state director of the SNPs. Also add an option that allows at least seven years of relevant SNP work experience in a management position as an allowable equivalent to a bachelor’s degree for hiring purposes. This recommendation is consistent with our previous recommendations and acknowledges the importance of relevant work experience and a proven track record. The CDE recognizes that an applicant with a bachelor’s degree without any relevant work experience does not guarantee a better-prepared SNP director.

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

ACTION: None.

The CNAC adjourned for lunch at 11:45 a.m.

The meeting was reconvened at 12:45 p.m. after lunch.

Item 4

Ms. Sandoval was connected to the meeting via conference call.

From the NSD, Heather Reed, NEC, provided information about the LSWP proposed rule.

Subject: Federal Regulation Updates
Local School Wellness Policy Proposed Rule

Ms. Reed provided the CNAC with an overview of the LSWP proposed rule in the Federal Register, Volume 79, Number 38. Ms. Reed provided handouts of the proposed rule and a summary during the meeting and talked through the handouts. Ms. Reed shared that the proposed rule specifics are covered under the Summary and Background in the Federal Register, Volume 79, Number 38. The CDE’s public comments focused on the last two pages 10705–10706, which was based on the workload issues, and is not finalized yet.

Ms. Reed shared some of the new requirements for LSWP addressed in the proposed rule:

  • Promote public involvement and participation at the school site level as well as the district level (e.g., establishing wellness policy leadership and permitting participation)
  • Provide documentation of the LEA garnering the support of the parents, communities, and districts
  • Include in the LSWP at a minimum:

    • Specific goals for nutrition, nutrition education, physical education (e.g., through newsletters and posters), and other school-based activities that promote student wellness

    • Nutrition guidelines for all foods and beverages (e.g., fundraising)

    • Policies for food and beverage marketing (e.g., the proposed rule’s “food and beverage marketing” definition requires less marketing through logos for educational purposes, page 10698)
  • Provide LSWP annual progress reports for each school under the LEA’s jurisdiction
  • Conduct an assessment of the wellness policy every three years, at a minimum (e.g., triennial assessments) for each school under the LEA’s jurisdiction

For more information on the LSWP proposed rule, please visit the USDA FNS School Meals External link opens in new window or tab. Web page.

Ms. Reed also shared the draft CDE comments. The CNAC suggested including some recommendations which might make implementation easier and promote consistency such as:

  • Have the CDE generate and provide a state approved model/example LSWP and examples of implementation work plans (e.g., minimum requirements model and gold standard model)
  • Include resources, best practices, and checklists for schools

Clell Hoffman also addressed some concerns with using cafeteria funds inappropriately for the LSWPs, specifically on labor (e.g., paying for the hours of work involved is not clear), and how the monitoring and responsibility of the use/tracking of workload hours is to be put solely on the food service director. Ms. Chase Huegli also stated that allowable costs for workload hours/labor and the food service director’s position responsibilities and purpose within each district are also concerns of the CDE. Ms. Chase Huegli also stated that there is a national desire and effort to change school environments, but there is no clear policy vehicle for it. Barbara Rohrer suggested to give incentives to the principals, teachers, superintendents, stakeholders, community members, parents, wellness committees, etc. in order to get more people involved, which might make implementation easier and more effective. Incentives might also distribute the responsibilities (e.g., ARs, monitoring and leadership of the LSWP, and tracking workload hours) across multiple persons within the wellness committee. However, Larry Herrera pointed out that it is under the school’s discretion for how they want to implement and monitor the LSWP at their school.

CNAC Recommendations: The CNAC recommended that the CDE include in their comments an afterschool representative as a district-level LSWP committee stakeholder.

ACTION: None.

Item 5

From the NSD, Carol Bingham, Senior Fiscal Policy Advisor, and Christine Swenson, Local Agency Systems Support Division Director, provided information about the Progress of the Local Control Funding Formula (LCFF) Implementation.

Subject: Progress of LCFF Implementation
Overview

Ms. Bingham and Ms. Swenson provided the CNAC with a brief overview of the LCFF and the progress of the LCFF implementation since the October 21, 2013, CNAC meeting. The highlights of the progress of the LCFF implementation since October 21, 2013, are:

  • The SBE adopted updates to Criteria and Standards for approval of LEA budgets, November 7, 2013
  • The Governor’s proposed budget was released January 10, 2014, which contains $4.5 billion for continued implementation of LCFF, which funds an estimated 28 percent of the remaining gap, and proposes trailer bill language to make some adjustments to the LCFF
  • The SBE adopted emergency regulations and commenced regular rulemaking on:
    • Expenditures of supplemental and concentration grant funds, January 16, 2014
    • Local Control and Accountability Plan template, January 16, 2014
    • Kindergarten–grade 3 (grade-span adjustment, March 12, 2014)
  • The Education Audit Appeals Panel adopted the Audit Guide revisions for 2013–14 on February 10, 2014, which includes procedures for review of Free and Reduced Price Meals eligibility documentation available at the EAAP Rulemaking Activity External link opens in new window or tab. Web page
  • The California Longitudinal Pupil Achievement Data System data collection window closed on March 21, 2014
  • Updates/revisions to Apportionment System are underway
  • Updates to Frequently Asked Questions
  • Legislative proposals to restore categorical programs (e.g., Career Technical Education and Adult Education) and/or tweak LCFF formulas (e.g., SB 837 [Steinberg]: transitional kindergarten for 4-year-olds)

Colleen You also shared that the Parent–Teacher Association (PTA) has posted a multitude of resources on their Web site including a helpful LCFF guide that addresses key areas, assesses current progress, and gives concrete ideas for success; videos in English and Spanish that help with the fundamentals and frequently asked questions which gives opportunities for parents; and, sample accountability plans including specific examples to help students be better prepared, having less headaches therefore less visits to the school nurse, and more focused students overall. Ms. You shared that this has been the PTA’s primary focus for the last five months. Ms. Bingham also answered Soo Zee Park’s question that there is no age restriction for the LCFF as long as they are enrolled in the school.

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

ACTION: None.

Item 6
CNAC 2014–15 Meeting Dates

CNAC Recommendations: Approve CNAC 2014–15 Meeting Dates as stands.

ACTION: Member Barbara Rohrer moved to approve the CNAC recommendations.

Member Trish Vance seconded the motion.

Yes votes: Nori Grossmann, Soo Zee Park, Clell Hoffman, Carol Chase Huegli, Larry Herrera, and Colleen You.

No votes: None.

Members Absent: Caroline Danielson, Marni Posey, and Lucy McProud.

Abstentions: None.

The motion passed with six votes.

Agenda for the June 9, 2014, Meeting

The following were suggested as agenda items:

  • NSD Director’s Update and Federal Regulation Updates with Sandip Kaur and Carol Chase Huegli
  • Government Affairs Division Updates and Legislative Updates with Whitney Staniford
  • CNAC Membership Election Nominations: Vice Chairperson

  • Question of Re-doing Oath
  • Meal Time Management: Student Survey Updates with Whitney Staniford and Martie Hague
  • Bringing in Garden Coordinator and Funders? (Ms. Rice to follow-up on this with Ms. Sandoval)
  • Agenda for the next meeting

Barbara Rohrer moved and Nori Grossmann seconded that the meeting be adjourned. The CNAC voted to adjourn at 2:30 p.m.

Questions:   Nutrition Services Division | 800-952-5609
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