Civil Rights in School Nutrition Programs

Civil Rights Compliance and Enforcement Training for Administrators

Civil Rights in School Nutrition Programs

July 2013

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Content Covered

Civil Rights in School Nutrition Programs Public Notification Systems Non-discrimination Statement Complaint Information Ethnic and Race Data Collection Reasonable Accommodations Managing Complaints Compliance during a Review

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Civil Rights Regulations direct sponsors on the proper procedures to follow so that benefits of Child Nutrition Programs are made available to all eligible persons in a non-discriminatory manner

All sponsors receiving Federal $$ must implement Civil Rights requirements to be eligible for all Child Nutrition Programs

Food and Nutrition Services (FNS) Instruction 113 is the federal regulation governing Civil Rights in the Child Nutrition Programs

Civil Rights Regulations in SNPs

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What are Civil Rights?

Civil Rights are: “The nonpolitical rights of a citizen; the rights of personal liberty guaranteed to U.S. citizens by the 13th and 14th Amendments to the U.S. Constitution and the acts of Congress.”

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Title VI – Civil Rights Act of 1964Prohibits discrimination based on race, color, and national origin –

including persons with Limited English Proficiency Title IX of the Education Amendments of 1972

Prohibits discrimination based on sex under any education program or activity that is receiving federal financial assistance

Section 504 of the Rehabilitation Act of 1973Prohibits discrimination based on disability

Civil Rights Laws

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Americans With Disabilities Act of 1990Prohibits discrimination based on disability in all services,

programs, and activities provided to the public by State and local governments, except public transportation services

Age Discrimination Act of 1975Prohibits discrimination based on age in programs or activities

receiving Federal financial assistance Civil Rights Restoration Act of 1987

Prohibits discrimination based on race, color, and national origin

Civil Rights Laws

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Discrimination the act of distinction of one person or a group of persons from others; either intentionally, by neglect, or by actions or lack of actions based on their protected classes

Protected classes: RaceColorNational Origin SexAge Disability

What is Discrimination?

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Giving one group or type of participants larger or extra helpings of food while not providing the same to other groups or types of participants Serving boys larger portions than girls

Separating gendersPutting the girls separate from the boys

Examples of Unlawful Discrimination

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Failing to provide program information to all potential program participantsNot distributing program information in all language specific to the

population of the service area such as Spanish

Failing to provide children with special needs accommodating meals

Examples of Unlawful Discrimination

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Program Availability

• Take specific action to inform applicants, participants, and potentially eligible persons of their program rights and responsibilities and the steps necessary for participation

Complaint Information

• Applicants and participants must be advised of their right to file a complaint, how to file a complaint, and the complaint procedures

Nondiscrimination Statement

• All information materials and sources used to inform the public about FNS programs must contain a nondiscrimination statement

Public Notification System

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Inform of programs or changes in programs (eligibility, benefits, and

services, the location of local facilities or service delivery points, and hours of

service). Can be communicated by methods such

as internet, newspaper articles, radio and television announcements, letters,

leaflets, brochures, computer applications, and bulletins.

Methods of Public Notification

Must include a non-discrimination statement

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Prominently Display the “And Justice for All” USDA

nondiscrimination poster

Methods of Public Notification

http://www.fns.usda.gov/cr/justice.htm

In each school In a location that is easily visible to

the students and the public in the food service area

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Non-discrimination Statement“In accordance with Federal law and U.S. Department of

Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin,

sex, age, or disability.Complaint Statement

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW,

Washington, D.C. 20250-9410 or call 800-795-3272 or 202-720-6382 (TTY). USDA is an equal opportunity provider and

employer.”

Non-discrimination Statement & Complaint Information

Not Current

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The U.S. Department of Agriculture prohibits discrimination against its customers, employees, and applicants for

employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and

where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an

individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the

Department. (Not all prohibited bases will apply to all programs and/or employment activities.)

Non-discrimination Statement

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If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Complaint Form,

found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of information requested in the

form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of

Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at

[email protected].

Complaint Information

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If the material is too small to permit the full statement to be included, the material will, at a minimum, include the following statement in print size no smaller than the text:

“This institution is an equal opportunity provider.”

Non-discrimination Statement for Small Materials

Not Current

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If the material is too small to permit the full statement to be included, the material will, at a minimum, include the following statement in print size no smaller than the text:

“USDA is an equal opportunity provider and employer.”

Non-discrimination Statement for Small Materials

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Must be included in informational materials Convey the message of equal opportunity in all photographic

and other graphics used to provide program or program-related information

Not required to be imprinted on small items where deemed impractical (cups, buttons, magnets, pens, etc.)

Non-Discrimination Statement

o Enrollment Forms

o Menus o Employee handbooks

o Newsletters

o Brochures o Parent handbooks

o Print or broadcast ads

o Flyers

o Websites

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SNP operators need to establish a system to collect racial and ethnic dataData is used to determine how effectively your program is reaching

potentially eligible children and where outreach may be needed Data must be collected on an annual basis

For schools, this data is typically collected at the time of student enrollment or by other student data systems

Sponsor collects data from Free/Reduced Priced Applications, or staff may make a visual identification of participants’ categories (I.E. Summer Food Service Program and CACFP)

Records must be kept for 3 yrs. + current in secure manner

Racial/Ethnic Data Collection

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There are 2 Ethnic Categories. Choose 1:Hispanic or Latino: persons of Cuban, Mexican, Puerto Rican, South

or Central American, or other Spanish culture, or origin regardless of race

Not Hispanic or Latino

Ethnic Categories

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There are 5 Racial Categories. Option to Choose 1 or moreBlack or African AmericanAsianAmerican Indian & Alaska NativeWhiteNative Hawaiian or other Pacific Islander

Racial Categories

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All sponsors participating in Child Nutrition Programs are required to provide food substitutions or modifications if: 1. A physicians statement is on file that describes the participant’s

disability (a disability as defined in federal regulations) that prevents the participant from eating the regularly offered foods, and…

2. The physician has indicated the substitutions or modifications that the participant needs

The Special Diet Statement from the physician must be kept on file at the facility/school

Reasonable Accommodations - Disability

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Definition: Individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English.

Upon request, make available to the public, participants, and potential participants information about program eligibility, benefits, services, and the procedures for filing a complaint, in English and/or in the appropriate translation to non-English speaking persons

If needed, the use of alternative means of communication (Braille, large print, audiotape, etc.) are required

Reasonable Accommodations – Limited English Proficiency

(LEP)

Refer to FNS Instruction 113-1 pg. 10

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All staff who work with Child Nutrition Programs must receive training on all aspects of civil rights compliance annually.

Examples of specific subject matter: Collecting/recording racial/ethnic dataWhere to display “And Justice for All” postersWhat is and how to handle a Civil Rights complaintReasonable Accommodations for special dietary needsRequirements for language assistanceConflict resolution and customer service

Retain training records, including the agenda and sign in sheet of the people who received civil rights training

Civil Rights Training

Civil Rights Compliance During an Administrati ve ReviewWhat CDE OSN will look at

Administrative Reviews

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What is the non-discrimination statement used for appropriate Program materials (provide exact language)?

Provide a copy of the SFA’s public release

Is there a need for services for LEP households? If so, what services does the SFA provide?

What is the SFA’s procedure for receiving and processing complaints alleging discrimination within FNS Meal Programs? If procedures are written, provide a copy

Review Questions and Documents

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Has the SFA received any written or verbal complaints alleging discrimination in FNS Programs in the current or prior school year?

• Who attended these trainings? • What topics were covered by the training• Provide supporting documentation for the responses.

How are students with special dietary needs accommodated?

When was the SFA’s most recent civil rights training for staff who interact with program applicants or participants and their supervisors?

How does the SFA collect racial/ethnic data? How often is the data collected?

Review Questions and Documents

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Through your data collection procedures, you recognized that even though the community is composed of a large Hispanic population (40 percent), only 2 percent of Hispanics are eligible for meal benefits.

What outreach efforts would you take to increase Hispanic program participation?

Scenario #1

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Educational information or materials may be needed in other languages

Provide outreach to other programs in the area which serves the Hispanic population

Possible Solutions Scenario #1

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On occasion, the cafeteria will have leftovers following the last lunch period and will offer them to the boys in the group.

Is this practice discriminatory and if so on what basis?

Scenario #2

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Scenario #2

A. Yes, based on sexB. Yes, based on ageC. Yes, based on

national originD. No, boys need

more food

Yes, base

d on sex

Yes, base

d on age

Yes, base

d on national o...

No, boys n

eed more

food

25% 25%25%25%

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Prominently display the And Justi ce for All poster Non-discriminati on statement must be on all printed

materials available to the public which menti on USDA and/or Child Nutriti on meals and snacks

Collect and maintain Racial/Ethnic Data annually Make reasonable accommodati ons for persons with

disabiliti es Train staff annually on Civil Rights and document the

training Develop & fully implement the sponsor’s CR

Complaint Procedure Make available to all staff Civil Rights complaint

form and Civil Rights Log

Summary of CR