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CNAC Meeting Minutes for April 23, 2012


Child Nutrition Advisory Council

An Advisory Body to the State Board Of Education
Meeting Minutes

April 23, 2012
10:00 a.m. - 3:30 p.m.

California Department of Education
1430 N Street, Room 1801
Sacramento, CA 95814

Members Present

Carol Chase, Caroline Danielson, Nori Grossman, Lawrence Herrera, Clell Hoffman, Lucy McProud, Soo Park, Barbara Rohrer, Trish Vance, and Colleen You

State Board of Education Liason


Member(s) Absent

Marni Posey

Also Present—California Department of Education Staff Members:

Stephanie Enright, Mike Danzik, Beth Rice, June Preston, Chris Kavooras, Sandip Kaur, Donna Reedy, and Shelly Asbury

Call to order

The meeting was called to order at 10:03 a.m. by Interim Chair, Lucy McProud, who thanked the Food Distribution Unit for the U.S. Department of Agriculture Foods made available.

The Pledge of Allegiance was given.


The members introduced themselves.

Approval of Agenda:

Colleen You moved to approve the agenda, and Barbara Rohrer seconded the motion. The Child Nutrition Advisory Council (CNAC) voted to approve the agenda.

Approval of Minutes:

Two corrections were made: on page 3 fresh fruits and vegetables should be fresh fruit and vegetables On page 1, Marni Grossman should be Nori Grossmann. Barbara Rohrer moved that the minutes be accepted as corrected. Colleen You seconded the motion. The Council voted to approve the minutes as corrected.

Public Comment

No public comment was provided.

  • Issue Paper #1: School Breakfast and Lunch: Transitioning to the New Meal Patterns, Increased Costs to Districts and Additional Staff Training Required
  • Issue Paper #2: Improper Use of Non-Profit School Food Service Cafeteria Funds
  • Issue Paper #3: Food Service Management Company Contracts
  • Issue Paper #4: Competitive Foods and Beverages
  • Issue Paper #5: Access to Free Water in Schools
  • Issue Paper#6: School Food Safety Inspections
  • Letter to Vivian Lees, Chief, Subject: Comments National School Lunch Program: Direct Certification Continuous Improvement Plans
  • Management bulletin in regards to proper use of cafeteria funds
  • Technical Assistance workshops for the new meal pattern
Item 1

Lucy McProud introduced the nomination of officers—Chair and Vice Chair.

Clell Hoffman nominated Lawrence Herrera for the position as chair. Barbara Rohrer seconded the motion. The Council voted to appoint Lawrence Herrera as Council Chair.

Duties of the Chair:

  • Preside at meetings
  • Work with the Nutrition Services Division (NSD) to create an agenda for each meeting

Soo Park nominated herself as Vice Chair, and Lawrence Herrera seconded the motion. The Council voted to appoint Soo Park as Vice Chair.

Duties of the Vice-Chair:

  • Preside at meetings in the absence of the Chair
  • Work with the NSD to create an agenda for each meeting in the absence of the chair

Shelly Asbury, NSD staff to the CNAC, gave a brief summary of the meeting process:

  1. The Council will provide input for the next agenda at the end of each meeting.
  2. About one month before the meeting, Shelly and Carol Chase will propose an agenda using the input of the CNAC members from the previous meeting.
  3. The Chair/Vice-Chair will make suggestions and approve the final agenda.
  4. The agenda will be posted on the State Board of Education (SBE) Web site at least 10 days prior to the meeting.
  5. Shelly will provide talking points and a more detailed agenda to the Chair.
  6. The minutes are reviewed by Carol and the Chair prior to the meeting. After approval by the Council, the minutes will be posted on the SBE Web site.
Item 2

Beth Rice, SBE Staff, presented the Roles and Responsibilities of the Council, the State Superintendent of Public Instruction (SSPI), and the SBE.

  • SBE members are appointed by the Governor. There are currently three vacant SBE positions. A Board Liaison to the CNAC will be appointed after the Governor fills the vacant SBE positions. In the interim, Beth Rice will act as Board Liaison.
  • The Board will not fill the vacant CNAC positions of Classroom Teacher and Student at this time.
  • Susan Burr, Executive Director the SBE, is the Board liaison to the Governor.
  • If the CNAC wishes to advise the Board and/or the Governor on an issue, a letter should be sent to the SSPI and the SBE. The Council does not send items directly to the Legislature or the Governor. The SBE appreciates information and perspective from the advisory councils.
  • A quorum for action items is based on thirteen members.
  • Council members are required to submit a Form 700 Conflict of Interest annually and take the on-line ethics training every two years.
  • Education Code CFR 49351 gives the SBE the responsibility to provide rules and regulations for the School Lunch and School Breakfast programs.
  • The relationship between the SBE and SSPI
    • The SBE is the lead agency for federal programs.
    • Items to the SBE almost always come from the CDE.
    • The SBE can waive Education Code requirements under defined circumstances.
    • Normally the Board Liaison would be the communicator between the CNAC and the SBE. Currently, in the absence of a Liaison, communication should be in the form of a letter to the SBE and the SSPI.

Carol Chase, representing the SSPI, shared this perspective.


  • Is valuable in providing feedback for the public comment phase of proposed Federal and State Regulations
  • Assists with Federal and State programs coordination
  • Acts as advisors of the Team California for Healthy Kids, an initiative of the SSPI
  • Assists with providing guidance on all child nutrition programs—Preschool, School, After School, and Summer sites

The Council took a ten minute break.

Item 3

The NSD staff reviewed the six topics that were discussed at the last meeting. At this meeting, the Council provided information, input, and recommendations for action.

Topic #1—New Meal Pattern Transition

  • Schools will receive an additional six cents per meal if they are following the new meal pattern regulations. However, information regarding how the standards will be certified for the six cents has not arrived yet. We will inform Council members as soon as it is sent to the NSD.
  • The training plan for the new meal pattern was reviewed. At least 22 different types of trainings are available. Many of these are multiple presentations with technical assistance, and over 400 people have been trained to date. The NSD is emphasizing that a Food Service Representative from the district should accompany the Food Management Company representative.
  • Recurring feedback includes:
    • There is too much information; it needs to be presented more clearly.
    • There is a need for more information on menu planning.
    • The new meal pattern requirements will have a significant influence over budgets for the new school year. Some changes will go into effect immediately; others will be transitioned. The USDA requests that states make a good faith effort to comply with regulations.
    • The monitoring process for certifying the six cents may be part of the triennial Coordinated Review Effort; the NSD will send the federal package to Council members when it becomes available.

The Council took a one hour lunch break.

Topic #6—Food Safety Inspections

  • The USDA requires schools to have two safety inspections per year.
  • Some counties do not have enough health inspectors to meet this requirement. The CDE is working with the California Department of Public Health (CDPH) to find a remedy for this.
  • More cooperation between the CDE and the CDPH is needed.
  • Some schools are charged fees from the county, which is in conflict with the statute that does not allow a government entity to pay for services from another government entity.
  • There are differing regulations governing jurisdiction of the inspections.
  • Health safety for School Gardens is a concern that needs to be addressed.
  • Data regarding which districts are compliant and noncompliant is needed.
  • Schools can charge the inspection expense to the cafeteria fund.
  • A joint letter from the CDE and the CDPH to county health departments may help resolve this issue.

Issue #5—Access to water

  • State and Federal laws are in place, but the USDA needs to provide more detail regarding funding and locations.
  • The regulations on this issue are being released with the competitive food and beverages regulations, which are expected soon.
  • The CNAC could write a letter to the SBE and the SSPI to provide input for the response to the federal government regarding this issue.
  • The Council suggested that the NSD could provide a place on-line to share best practices.
  • The Council also voiced that this is an unfunded mandate and the burden should not rest on the food service program when it is really a district issue. The School Facilities Division of the CDE should also be involved.

Issue #4 Competitive Food and Beverages

  • The USDA is working on national standards to regulate food sold on campus during school hours. The NSD anticipates California and Federal standards to be similar. Vendors have requested one set of rules to make compliance easier.
  • The USDA has developed an on-line program where California sponsors will be able to access a list of approved food items. The USDA is currently working with vendors to upload the list.
  • Assembly Bill 1746 (Williams) would restrict the sale of electrolyte replacement beverages. The bill is currently on hold.

Issue #3 Food Service Management (FSM) Contracts

Some FSM companies are not returning funds from benefits and credits to the school districts. When this practice came to light it was apparent that there needs to be some type of oversight. The NSD does not have enough staff to provide the oversight, but has requested authorization for positions for that purpose. AB 1917, which would define the relationships between FSMs and school districts, is currently in the legislature.

Issue #2—Improper use of Cafeteria Funds

  • Several school districts have used cafeteria funds to pay for other, non-allowable expenses. The average re-payment to the schools’ cafeteria funds has been more than $165,000 per school district. Most of the districts that have been found non-compliant have agreed to a repayment plan or have reimbursed their cafeteria funds.
  • There is no room for negotiating using funds for the cafeteria.
  • Auditors are aware of the requirements but may not have all the information. The NSD is working with the Audits and Investigations Unit to communicate the information.
  • Training on this topic has been extensive in conferences and chapter meetings for the California School Nutrition Association, as well as the financial management classes sponsored by the NSD.
  • There is now increased awareness of the regulation, and school and district administrators as well as school nutrition managers are asking questions and seeking technical assistance.
  • A Management Bulletin on this topic is almost ready to be released. Council members received a draft. The NSD requested that the members of the council e-mail Shelly Asbury with their feedback by Friday, April 27, 2012.
  • Council members shared these suggestions:
    • Information for school districts could be posted on the CDE Web site along with information on USDA indirect costs.
    • Information about paid lunch equity and non-program food revenue (including adult meals) would be appreciated.
Item 4

NSD staff reviewed the Summer Waiver Process. Regulations mandate that schools serve one nutritious meal to each needy student sometime during the school day. Schools may request a waiver from that requirement for Summer School under one of these three conditions:

  1. The school is near a Summer Food Service Program site that the students can access for lunch.
  2. The school would lose money if they provided lunch. The NSD would like to see as many schools provide lunch as possible, so we give districts technical assistance to help them provide lunch.
  3. The summer school session is two hours or less per day.

When the waivers are analyzed, the NSD recommends approval or denial to the SBE. Due to NSD’s diligent work, the waiver requests have decreased significantly in the last eight years. The districts that request waivers are mainly in rural areas.

AB 2555, which is currently being considered by the legislature, changes the due date for districts to submit waivers, giving the NSD adequate time to meet the SBE deadlines. The Council is invited to make suggestions for improvements of this process.

Item 5

Council shared their requests for the agenda for the June 19 meeting.

  1. The Council was interested in pursuing Nutrition Education for students, teachers and parents, especially with the need to encourage a positive response to the New Meal Pattern.
    • The goal of Nutrition Education is to encourage healthy food choices.
    • Teachers need data on the relationship between nutrition and achievement, so they would be more motivated to support good nutrition in the schools. Teachers should be educated about nutrition; there is a disconnect between words and behavior. How can this be done at a low cost?
    • The CDE should tap resources available from non-profit organizations, foundations, and businesses to market the new meal pattern to districts, teachers, and parents.
    • Nutrition Education and Wellness should be embedded into the Curriculum Framework so that it is perceived by students to be a natural part of life. Can the CNAC be an influence? The upcoming frameworks and common core standards may provide an opportunity for change.
    • Gardens are a critical component of learning, and funding is needed. Children will eat what they grow.
    • A Web site for school food directors to share best practices for integrating nutrition education into all areas of curriculum would be helpful.
    • In some areas there is a gap between lunch and school dismissal. Can the National School Lunch Program bridge this gap?
    • The CNAC supports discussion of eating habits—after school and early childhood—with parents. Team California could be a vehicle for these ideas.
  2. Next meeting:
    • Include Jason Spencer, an aide to the Superintendent, and representatives from Team California in the June meeting to discuss the above recommendations
    • Provide updates for the new school meal pattern and for water access legislation at the August meeting

The meeting was adjourned at 3:05 p.m.

Questions:   Nutrition Services Division | 800-952-5609
Last Reviewed: Tuesday, October 3, 2017
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