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Child Nutrition Advisory Council Bylaws

The bylaws of the Child Nutrition Advisory Council.

Officers | Meetings | Committees | Procedures

Article I. Child Nutrition Advisory Council

Section I. Status

The Child Nutrition Advisory Council exists under the authority of Education Code, Title 2, Division 4, Part 27, Chapter 9, Article 10, Section 49533.

Section 2. Membership

The members of the council shall be appointed by the State Board of Education and shall include one member of the Department of Education; one school administrator; one school board member; one school food service director; one school food service supervisor or manager; one classroom teacher; one curriculum coordinator; one nutrition education specialist; one layperson; one child care food program sponsor; one secondary high school student; one qualified consultant specializing in nutrition, education, or health and welfare; and one representative from a locally recognized parent-teacher organization.

Section 3. Tenure

Council members are appointed for a three-year term with the exception of the student member, who serves a one-year term. Council members shall be reimbursed for authorized travel costs according to established Department of Education Procedures.

The Council secretary will notify the president of the State Board of Education of anticipated vacancies four months before the vacancies are to occur. When an unexpected vacancy occurs, such as resignation or removal, the Council secretary will make prompt notification of the vacancy and related circumstances.

Section 4. Charge

Education Code. As provided by Education Code Section 49533, the Child Nutrition Advisory Council shall recommend plans and guidelines for child nutrition and nutrition education programs.
In fulfilling its responsibility to inform and advise the State Board of Education, the Council will be concerned with but not limited to the following:

  1. Effective food service management techniques and practices which will ensure the quality of child nutrition programs, including:
    1. Food production
    2. Nutrition expertise
    3. Communication systems
    4. Policies
    5. Human resources
    6. Computers
    7. Facilities
  2. Effective nutrition education programs, including:
    1. Curriculum
    2. Framework and guidelines
    3. Policies
    4. Techniques and practices
    5. Assessment and evaluation
  3. Effective communication with the State Board of Education, including:
    1. Annual report
    2. Minutes of meetings
    3. Special reports as appropriate

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Article II. Officers

Section 1. Chairperson

At the last regular meeting in each calendar year, the members of the Council shall elect a chairperson from the membership who shall serve one year for the coming calendar year or until a successor is elected. The chairperson shall preside over the meetings, determine the agenda with appropriate consultation with the Department of Education’s representative, and shall perform such other functions as are necessary and proper for the conduct of the Council’s business.

Section 2. Vice-Chairperson

At the last regular meeting in each calendar year, the members of the Council shall elect a vice-chairperson who shall serve one year for the coming calendar year or until a successor is elected. The vice-chairperson shall perform the duties of the chairperson in his or her absence.

Section 3. Council Secretary

The Superintendent of Public Instruction is executive secretary to the Council. The Department of Education representative shall serve as the Superintendent’s representative and secretary to the Council. The secretary shall prepare and process agendas, process communications to the Council, keep the minutes of the proceedings of the Council and other appropriate records, make arrangements for the meetings, and provide Council members minutes, guidance, and other appropriate information so that the council may function effectively.

Section 4. Executive Committee

The chairperson, vice-chairperson, and secretary shall serve as an executive committee. This body may be authorized by the Council to perform specified functions between regular meetings when the assembly of the full Council is neither reasonable nor necessary. Powers of this group shall be limited to those authorized by the Council.

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Article III. Meetings

Section 1. Open Meetings

All regular and special meetings of the Council and all committees of the Council shall be open to the public in accordance with provisions of Government Code Section 1120, et seq.

Section 2. Regular Meeting Dates

The Council shall set a regular schedule of meetings at times and places to be determined by the chairperson on consultation with the secretary.

Section 3. Special Meetings

Special meetings may be called by the chairperson and shall be called on the request of the executive committee.

Section 4. Quorum

A majority of the voting members of the Council shall constitute a quorum. A Council member cannot be represented by an alternate for the purpose of constituting a quorum, nor can an alternate cast a vote for another member of a commission. Action of the Council shall be decided by a majority vote of the membership.

Section 5. Notice of Meetings

A notice of meeting with the agenda shall be sent to each Council member, State Board of Education member, and to others who request such notices ten days in advance of the meeting.

Article IV. Committees

Section 1. Appointment to Committees

The chairperson of the Council shall appoint members of the Council to any committee formed. The chairperson and vice-chairperson shall be ex-officio members of all committees.

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Article V. Procedures

Section 1. Parliamentary Procedures

In matters of parliamentary procedures not covered by these bylaws, the provisions of the newest revision of Robert’s Rules of Order shall prevail.

Section 2. Amendments to Bylaws

Recommendations to amend these bylaws may be made at any regular meeting of the Council by a majority of the entire voting membership, provided a written notice of such amendment, including the proposed text of the amendment, has been submitted in writing at least two weeks in advance. Amendments are not in effect until approved by the State Board of Education.

Adopted by the State Board of Education, November 1989.
Amendments adopted by the State Board of Education, May 1995.
Amendments adopted by the State Board of Education, July 2005.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Wednesday, March 8, 2017
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