FNS INSTRUCTION 113-1 Civil Rights Compliance and Enforcement-

FNS INSTRUCTION 113-1

Civil Rights Compliance and Enforcement-

FNS Instruction 113-1 prohibits discrimination based on:

• 1. race• 2. color• 3. national origin• 4. age• 5. sex, and• 6. disability

Any other complaints filed are not Civil Rights complaints.

They may be valid and important, but they are not covered by the rules for Civil Rights complaints.

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Is this a Civil Rights Complaint?Is this a Civil Rights Complaint?

Is this a Civil Rights Is this a Civil Rights Complaint?Complaint?

• An autistic middle school student forgets her lunch money An autistic middle school student forgets her lunch money for the fourth time. The paraprofessional tells the cashier for the fourth time. The paraprofessional tells the cashier to give the child two packages of saltine crackers and tells to give the child two packages of saltine crackers and tells the child that “This will teach you not have your lunch the child that “This will teach you not have your lunch money again”. The child’s mother writes a letter to the money again”. The child’s mother writes a letter to the Secretary of Agriculture alleging discrimination based on Secretary of Agriculture alleging discrimination based on the child’s autism. Is this a civil rights complaint and the child’s autism. Is this a civil rights complaint and should it be reported?should it be reported?

• Yes. It should be considered a complaint even if it appears Yes. It should be considered a complaint even if it appears

to be a program related issue. to be a program related issue.

• The results of the investigation determined that it was a The results of the investigation determined that it was a program complaint. Improper application of the SFA program complaint. Improper application of the SFA charge policy and a potential violation of the FNS charge policy and a potential violation of the FNS Instruction 791.1 Instruction 791.1 Prohibition Against Denying Meals and Milk to Children as a Disciplinary Act

Is this a Civil Rights Is this a Civil Rights Complaint?Complaint?

• A parent contacts the School Food Service A parent contacts the School Food Service Director and says their child is being denied their Director and says their child is being denied their religious right to be able to eat only vegetarian religious right to be able to eat only vegetarian meals. meals.

• Is this a civil rights complaint and should it be Is this a civil rights complaint and should it be reported?reported?

• No. Religion is not a protected class in Child No. Religion is not a protected class in Child Nutrition Programs under FNS Instruction 113-1 Nutrition Programs under FNS Instruction 113-1 Civil Rights Compliance and Enforcement – Civil Rights Compliance and Enforcement – Nutrition Programs and Activities . Nutrition Programs and Activities .

• It would be suggested that the SFA try to work It would be suggested that the SFA try to work with the complainant and try to accommodate with the complainant and try to accommodate there religious needs.there religious needs.

Is this a Civil Rights Is this a Civil Rights Complaint?Complaint?

• A minority high school football player approaches the A minority high school football player approaches the cafeteria manager and says he isn’t getting enough food cafeteria manager and says he isn’t getting enough food when he selects a reimbursable meal and would like larger when he selects a reimbursable meal and would like larger servings. servings.

• Is this a civil rights complaint and should it be reported? Is this a civil rights complaint and should it be reported?

• No. Just because the student is a minority student does No. Just because the student is a minority student does not mean he automatically is considered to be alleging not mean he automatically is considered to be alleging discrimination. He did not state that he was not getting discrimination. He did not state that he was not getting adequate servings because of his minority status. He only adequate servings because of his minority status. He only wants a larger serving. wants a larger serving.

• If he had said that he was not getting a large enough If he had said that he was not getting a large enough serving because of his racial/ethnic background, then, Yes, serving because of his racial/ethnic background, then, Yes, it would be a complaint and you would need to report it.it would be a complaint and you would need to report it.

USDA Requires Annual Training

• 1. Collection and use of data• 2. Effective public notification systems• 3. Complaint procedures• 4. Compliance review techniques• 5. Resolution of noncompliance• 6. Requirements for reasonable

accommodation of persons with disabilities • 7. Requirement for language assistance• 8. Conflict resolution• 9. Customer service

1. Collection and Use of Ethnicity and Race Data

• At this time SFAs are not required to collect or report ethnicity and race data.

• Data collection is done by the local education agency (LEA) at the time students enroll and the LEA reports this information to the State DOE through appropriate reporting mechanisms.

2. Public Notification System

The SDE will again send the Public News Release to media outlets and grass roots organizations around the state.

There are certain things that the Director/Administer must do.

2. Effective Public Notification System

• Prominently display the “And Justice for All” poster. Prominently display the “And Justice for All” poster. • Inform potentially eligible persons, applicants, Inform potentially eligible persons, applicants,

participants and grassroots organizations of programs participants and grassroots organizations of programs or changes in programs. or changes in programs.

• Provide appropriate information in alternative formats Provide appropriate information in alternative formats for persons with disabilities. for persons with disabilities.

• Include the required nondiscrimination statement on all Include the required nondiscrimination statement on all appropriate FNS and agency publications, Web sites, appropriate FNS and agency publications, Web sites, posters and informational materials. posters and informational materials.

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

2. Effective Public Notification System

• All information materials and sources, including All information materials and sources, including Web Web sitessites, used by FNS, State agencies, local agencies, , used by FNS, State agencies, local agencies, or other subrecipients to inform the public about FNS or other subrecipients to inform the public about FNS programs must contain a nondiscrimination programs must contain a nondiscrimination statement. The statement is not required to be statement. The statement is not required to be included on every page of the program Web site. included on every page of the program Web site.

• At a minimum the nondiscrimination statement At a minimum the nondiscrimination statement or a link to it must be included on the home or a link to it must be included on the home page of the school food service program page of the school food service program information.information.

Nondiscrimination Nondiscrimination StatementStatement• ““In accordance with Federal law and U.S. In accordance with Federal law and U.S.

Department of Agriculture policy, this Department of Agriculture policy, this institution is prohibited from discriminating on institution is prohibited from discriminating on the basis of race, color, national origin, sex, the basis of race, color, national origin, sex, age or disability. age or disability.

• To file a complaint of discrimination, write To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. Independence Avenue, SW, Washington, D.C. 20250-9410 or call (800) 795-3272 or (202) 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY). USDA is an equal opportunity 720-6382 (TTY). USDA is an equal opportunity provider and employer.”provider and employer.”

Nondiscrimination Nondiscrimination StatementStatement

• If the material is too small to If the material is too small to permit the full Nondiscrimination permit the full Nondiscrimination Statement in the material, at a Statement in the material, at a minimum the following must be minimum the following must be included: “This institution is an included: “This institution is an equal opportunity provider.”equal opportunity provider.”

3. Complaint Procedures

All participants in NSLP are required to have a procedure for handling civil rights complaints.

4. Compliance Review

Civil Rights compliance will be checked as part of your CRE Review. The following items are examined:

1. Whether all eligible persons have an equal opportunity to participate.

4. Compliance Review

2. Whether the “And Justice for All”

poster is displayed.

4. Compliance Review

3. Whether the nondiscrimination statement is included on all program materials and whether pictorial materials show diversity.

4. Compliance Review

4. Whether Civil Rights complaints (if any) are handled correctly.

5. Whether Civil Rights training for staff has been conducted.

5. Resolution of Noncompliance

Provide written notice to the Director/Administrator of areas of noncompliance and corrective action required.

Work with the Director/Administrator to achieve compliance.

The goal is to achieve voluntary compliance immediately.

If Civil Rights noncompliance is found, SDE must:

5. Resolution of Noncompliance and Conflict Resolution

If corrective action is not completed within 60 days, SDE must notify USDA Regional Office.

This begins a complicated process of achieving conflict resolution.

6. Accommodations for

persons with disabilities

Persons with disabilities cannot be denied access to NSLP Programs.

6. Accommodations for

persons with disabilities

Participants are required to provide reasonable accommodation of persons with disabilities.

6. Accommodations for

persons with disabilities

Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600.

7. Limited English Proficiency (LEP) Requirement

This concerns participants who do not speak English as their primary language.

Agencies have a responsibility to

take reasonable steps to ensure access to their programs and activities.

7. Limited English Proficiency (LEP) Requirement

Some materials (forms, posters) are available in other languages.

If you need help in this area, call our office.

For more information on Limited English Proficiency, go to www.LEP.gov

8. Customer Service

All persons who come to your facility deserve to be treated with respect.

8. Customer Service

If they are, there should

never be a problem with Civil Rights.

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Questions ?