Civil Rights Training Oklahoma Department of Education Child Nutrition Programs USDA Food and Nutrition Service December 15, 2014.

Civil Rights Training Oklahoma Department of Education

Child Nutrition Programs

USDA Food and Nutrition ServiceDecember 15, 2014

Civil Rights Program Authorities• Title VI of the Civil Rights of 1964

Race, color, and national origin

• Sections 504 & 508 of the Rehabilitation Act of 1973, and

• Americans with Disabilities Act (ADA) Disability

• Title IX of the Education Amendments of 1972 Sex

• Age Discrimination Act of 1975 Age

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Civil Rights Program Authorities

• 7 CFR Parts 15, 15a & 15b

• 7 CFR Part 225 (SFSP)

• 28 CFR Part 42: Nondiscrimination in Federally-assisted Programs

• FNS Instruction 113-1 and Appendix B (SFSP)

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Civil Rights Program Authorities• Executive Order 13166

Prohibits discrimination against LEP persons

• 7 CFR Part 16, “Equal Opportunity for Religious Organizations” Religion

• Civil Rights Restoration Act of 1987 Clarifies the scope of the Civil Rights Act of 1964

• USDA Departmental Regulation 4330-2 Prohibits discrimination in programs and activities

receiving Federal financial assistance from USDA.4

What is discrimination?

DEFINITION:Different treatment which makes a distinction of

one person or a group of persons from others; either intentionally, by neglect, or by the actions or lack of actions based on…

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Six Protected Bases for SFSP

For CNP, different treatment is based on one or more of the six protected bases:

1) Race2) Color3) National Origin4) Age5) Sex6) Disability

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Assurances• “To qualify for Federal financial assistance, the

program application must be accompanied by a written assurance that the program or facility will be operated in compliance with the Civil Rights laws and implementing nondiscrimination regulations.”

• A Civil Rights assurance statement must be incorporated in all agreements between Federal & State agencies, State & participants/sponsors, and Participants/sponsors & their sub recipients.

(FNS Instruction 113-1, Appendix B, Part F)

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Public Notification

All FNS programs must include a public notification system

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Elements of Public Notification

• Program Availability Inform applicants / participants / potentially eligible

persons of program rights/responsibilities and steps for participation.

• Complaint Information Advise applicants/participants at service delivery

point, right to file complaint, how to file, and complaint procedures

• Nondiscrimination Statement All information materials and sources, including

websites used by FNS, State agencies, sponsors, or other sub recipients to inform public about programs, must contain nondiscrimination statement. Statement not required to be included on every page of program website. At minimum, statement or a link must be included on home page of program information. 9

Methods of Public NotificationState agencies and/or Participants must:

• Make program information available to public upon request;

• Prominently display “And Justice for All” poster;

• Inform potentially eligible persons, applicants, participants and grassroots organizations of programs/changes in programs;

• Convey message of equal opportunity in all photos and other graphics used to provide program or program-related information;

• Provide appropriate information in alternative formats for persons with disabilities and in appropriate language(s) for LEP persons.

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Nondiscrimination StatementThe 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.)If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination 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 the 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] who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer. 11

“And Justice For All…” Poster

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All sites must display poster in prominent location for all to view.

Form AD-475C

Racial/Ethnic Data Collection

• As a means of monitoring civil rights compliance, State agencies shall establish a system for collection of racial/ethnic data of each person applying for/receiving benefits

• Applicants shall be assured information is required and used for statistical purposes only, has no effect on eligibility criteria

• Data should be collected at point of application and retained at service delivery area

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Racial/Ethnic Data Collection• State agencies and sponsors/participants should

compare participant data with potentially eligible persons within service areas

If disparities or areas of underrepresentation occur, necessary to investigate the causes

Provide additional outreach as needed

Assist with selection of compliance reviews

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Race and Ethnic Categories Two Question Format

1. Ethnicity (must select one of the following)• Hispanic or Latino• Not Hispanic or Latino

2. Race (one or more of the following)• American Indian or Alaskan Native• Asian• Black or African American• Native Hawaiian or Other Pacific Islander• White

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LEP/Bilingual Requirements

• Title VI, Executive Order 13166, and their implementing regulations require State agencies, local agencies, or other sub recipients to take reasonable steps to assure “meaningful” access to their programs and activities by persons with Limited English Proficiency (LEP).

(FNS Instruction 113-1, Section VII)

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LEP/Bilingual Requirements

Factors to consider in addressing LEP:• Number or proportion of LEP persons served or

encountered in eligible population

• Frequency with which LEP individuals in contact with program

• Nature and importance of program, activity, or service provided by program

• Resources available and costs

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LEP/Bilingual RequirementsPopulation data sources:

• US Census Data http://www.census.gov/2010census/data/

• American Community Survey http://www.census.gov/acs/

• Migration Policy Institute’s National Center on Immigrant Integration Policy http://www.migrationpolicy.org/

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Disability DiscriminationDefinition of “disability”:• A person with a physical or mental impairment which

substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

• “Major life activity” - functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

*functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, and reproductive

functions. (ADA Amendments Act of 2008)19

Disability Discrimination• Sections 504 and 508 of the Rehabilitation Act of 1973

prohibit discrimination based on disability in programs or activities receiving Federal financial assistance.

• Americans with Disabilities Act (ADA), 28 CFR Part 35, Title II, Subtitle Aprohibits discrimination on the basis of disability in all

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

• These Civil Rights laws protect persons with disabilities who apply for or participate in all FNS-funded programs.

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Equal Opportunity for Religious Organizations

7 CFR Part 16 notes:

• Ensures a level playing field for the participation of faith-based organizations and other community organizations in USDA programs.

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Verification of Citizenship or Immigration Status

This issue should never give rise to discrimination.

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Compliance Reviews

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• Examine the activities of State agencies, SFSP sponsors, and sub recipients to determine Civil Rights compliance;

• FNS Civil Rights and Program staff review State agencies.

FNS staff and State agencies review SFSP sponsors. SFSP sponsors review their sub recipients.

• Significant findings must be provided in writing to the reviewed entity and to FNS.

Compliance Reviews

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• There are three types of compliance reviews:

Pre-Award Compliance Reviews

Routine (Post-Award) Compliance Reviews

Special Compliance Reviews

Pre-Award/Pre-Approval Compliance Reviews

• State agencies, sponsors, or other sub-recipients must be in compliance with Civil Rights requirements prior to approval for Federal financial assistance.

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Post-Award/Routine Compliance Reviews• Areas of review:

Assurances Public Notification Racial and Ethnic Data Collection and Reporting Civil Rights Complaints Compliance Reviews Resolution of Noncompliance Civil Rights Training Disability Compliance Limited English Proficiency Verification of Citizenship or Immigration Status

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Special Compliance Reviews• May be scheduled or unscheduled

• To follow-up on previous findings of noncompliance

• To investigate reports of noncompliance by other agencies, media, or grassroots organizations

• May be specific to an incident or policy

• History of statistical underrepresentation of particular group(s)

• Pattern of complaints of discrimination

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Resolution of Noncompliance

A finding that any civil rights requirement, as provided by law, regulation, policy, instruction, or guidelines, not being adhered to by State agency, local agency, or other sub-recipient.

• Steps must be taken immediately to obtain voluntary compliance

• A finding’s effective date is date of notice to reviewed entity

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Achieving Voluntary Compliance:•Provide written notice indicating areas of noncompliance and action required to correct

•Negotiate to achieve compliance

•Submit to ROCR Report of Findings on Noncompliance on all cases where CA has not been completed within 60 days

•Include the following: Copies of compliance reviews Statement of allegations that can be supported Statement of all action taken to achieve compliance

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Resolution of Noncompliance, Cont.

• List of witnesses, addresses, titles and brief statement about which they will testify

• Relevant contracts, assurances, and agreements

• List of names, titles addresses and phone numbers of parties involved, including chief local agency and State official responsible for the program

• Report of amount of assistance provided in last 3 fiscal years

• Letters from SA advising of failure to comply

• Statement of defenses expected to be raised

• Recommendation for proceeding or for permission to pursue voluntary compliance efforts

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Resolution of Noncompliance, Cont.

• Regional CR officer prepares letter to include: Area of noncompliance Citations violated Sixty day notice to resolve and agree on CA Warning matter may be subject to legal action

• If CA cannot be achieved in 60 days, ROCR must submit Report of Findings of Noncompliance Appropriated documentation• Copies of compliance reviews• Statements of allegations that can be supported

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When Voluntary Efforts Are Exhausted

• Statement of steps taken to achieve compliance

• List of witnesses, contact info, titles, statement as to what they can testify

• Relevant contracts/assurances/agreements with agency

• Names, titles, contact info for parties involved

• Report specific assistance provided in prior three fiscal years and authorities which assistance is extended

• Letters from SA advising of failure to comply

• Statement of defenses agency may be expected to raise

• Recommendation for enforcement proceeding32

Voluntary Efforts Are Exhausted, Cont.

Complaints of Discrimination• Complaints shall be accepted and forwarded to USDA

• Complaints must be filed within 180 days from alleged act of discrimination

• Complaints may be written, verbal, or anonymous

• State agencies or sponsors may develop own complaint forms, but use of forms cannot be pre-requisite for acceptance

• Separate Civil Rights complaint log maintained by the State and sponsor

• Confidentiality extremely important and must be maintained

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Civil Rights Complaints Process• Complaints should include:

Name, address, telephone number of complainant

Location and name of organization or officeNature of incident or action Names, titles, business addresses of persons

with knowledge of discriminatory actionDate(s) during which alleged discriminatory

actions occurred Basis for the alleged discrimination.

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• Properly discern as a Civil Rights complaint: Is it concerning a Child Nutrition Program Is it based on one of the protected classes Is it being filed within 180 days of incident

• Provide the Complaint Form• If the complainant agrees to complete the form:

Assist the complainant in completing the form (if needed).

Offer to mail the complaint form• Note: ONCE FORM IS COMPLETED IT MUST BE

MAILED TO ADDRESS PROVIDED ON THE COMPLAINT FORM.

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Customer Service

Civil Rights Training

• State agencies responsible for training sponsors on annual basis

• Sponsors responsible for training all sub-recipients, including “frontline staff”, on an annual basis

• New employees trained before participating in Program activities

• Volunteers must receive training

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Civil Rights Training• Topics required: Collection and use of data Effective public notification systems Complaint procedures Compliance review techniques Resolution of noncompliance Requirements for reasonable accommodation of

persons with disabilities Requirements for language assistance Verification of citizenship and immigration status Conflict resolution Customer service 37

Questions?

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