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Civil Rights Compliance in Child Nutrition Programs

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Title: Civil Rights Compliance in Child Nutrition Programs


1
Civil Rights Compliance in Child Nutrition
Programs
  • Information compiled by
  • Angela Barnes, Civil Rights Liaison
  • IN Dept. of Ed, Office of School and Community
    Nutrition

2
Sponsors receiving USDA funds must follow civil
rights regulations and policy
  • Food and Nutrition Service (FNS) 113 regulations
    cover the following Child Nutrition Programs
  • National School Lunch, Breakfast and Special Milk
    Programs
  • Summer Food Program
  • Food Distribution Program
  • Child and Adult Care Food Program

3
What is Discrimination?
  • The act of distinguishing one person or
  • group of persons from other, either
  • intentionally, by neglect, or by the effect of
  • actions or lack of actions based on their
  • protected classes.

4
Discrimination Three Ds
The 3 Ds
  • an individual or group is
  • Denied benefits or services that
  • others receive
  • Delayed receiving benefits or services that
    others receive, or
  • Treated Differently than others to their
    disadvantage

5
Examples of Discrimination
  • Refuse a childs enrollment based on disability
  • Failure to provide reasonable accommodations
  • to disabled individuals
  • Serving meals at a time, place, or manner
  • that is discriminatory
  • Selectively distributing applications
  • Failure to provide the same eligibility criteria
  • to all participants
  • Failure to provide foreign language materials
    regarding Child Nutrition Programs

6
GOALS OF CIVIL RIGHTS
  • Equal treatment for all applicants and
    beneficiaries
  • Knowledge of rights and responsibilities
  • Elimination of illegal barriers that prevent or
    deter people from receiving benefits
  • Dignity and respect for all

7
WHAT IS A PROTECTED CLASS?
  • Any person or group of people who have
  • characteristics for which discrimination
  • is prohibited based on a law, regulation, or
  • executive order. The protected classes are
  • race, color, national origin, age,
  • sex, and disability.

8
2004 Equal Opportunity for Religious
Organizations Laws Protect Faith-Based
Organizations
  • Faith-based organizations (FBO) and community-
    based organizations (CBO) have equal footing
  • Prohibits discrimination against an organization
    on the basis of religion, religious belief or
    character in the distribution of funds
  • Clarifies that FBOs can use space in their
    facilities without removing religious art or
    symbols

9
Components of Civil Rights Compliance
  • Assurances
  • Public Notification System
  • Outreach and Education
  • Data Collection
  • Language Assistance
  • Civil Rights Complaint Procedures
  • Technical Assistance and Training

10
Assurances
  • Assurances are contractual agreements in which a
    state agency, local agency, or the sub-recipient
    legally agrees to administer FNS programs in
    accordance with all laws, regulations,
    instructions, policies, and guidance related to
    nondiscrimination.
  • Compliance is verified through compiling data,
    maintaining records, and submitting required
    reports.

11
Public Notification System
  • All sponsors participating in Child Nutrition
    Programs must display the non-discrimination
    poster in a prominent area where participants and
    potential participants have access.
  • And Justice For All,

12
Public Notification System
  • All organizations participating in Child
  • Nutrition Programs must provide
  • informational materials in the appropriate
    translation concerning the availability and
    nutritional benefits of the meal programs
  • (NSLP, SBP, SMP, ASP, CACFP).

13
NON-DISCRIMINATION STATEMENT
  • Long form the official USDA non-discrimination
    statement for Indiana
  • Short form if material is one page or less and
    is too small to include full statement
  • Dont forget web sites!!!
  • Both non-discrimination statements can be found
    on our website www.doe.in.gov/food

14
When a Non-Discrimination Statement is Needed?
  • Employee Handbooks
  • Enrollment Forms
  • Menus
  • Newsletters
  • Brochures
  • Parent Handbooks
  • Flyers
  • Print or broadcast advertisements
  • Informational
  • Materials that
  • require the
  • Nondiscrimination
  • Statement include


15
Outreach and Education
  • You want to reach as many potential eligible's as
    possible.
  • You want to ensure program access
  • You need to pay attention to under-represented
    groups.
  • Include the required nondiscrimination statement
    on all appropriate FNS and agency publications,
    web sites, posters, and informational materials.
  • When using graphics, reflect diversity and
    inclusion.

16
Data Collection and Reporting
  • Sites need to establish a system to collect
    racial and
  • ethnic data
  • Sources to determine the number of potentially
    eligible children include census data or
    institution enrollment data.
  • Visual identification or personal knowledge may
    be used by sponsor official, or voluntary
    self-identification by applicant on the free and
    reduced price meal application form may be used
    for race and ethnicity data collection.
  • Self-identification preferred for example, on
    the household application.
  • Alternatively, staff can make an observation of
    ethnicity and race.
  • RATIONALE Discrimination is often based on
    perception, and
  • others would probably have a similar perception
    as the person
  • doing the coding.

17
Data Collection and Reporting (continued)
  • Collect ethnicity data first, then race data
  • Ethnicity categories
  • - Hispanic or Latino
  • - Non-Hispanic or Latino
  • Race Categories
  • - American Indian or Alaskan Native
  • - Asian
  • - Black or African American
  • - Native Hawaiian or other Pacific Islander
  • - White

18
Data Collection and Retention
  • Each sponsor agrees to collect racial/ethnic data
    and retain the data on file for 3 years plus the
    current program year
  • Data must be collected on an annual basis
  • Data concerning the number of potentially
    eligible children, along with identification of
    all sources of the information, shall be updated
    annually and retained on file for 3 years plus
    the current program year

19
Limited English Proficiency(LEP)
  • Definition
  • Individuals who do not speak English as their
    primary language and have limited ability to
    read, speak, write, or understand English.
  • Recipients of Federal financial assistance have a
    responsibility to take reasonable steps to ensure
    meaningful access to their programs and
    activities by persons with LEP.

20
Limited English Proficiency(LEP) (Continued)
  • Primary factors to consider when
  • determining reasonable steps
  • Number proportion of LEP persons served or
    encountered in eligible population
  • Frequency of LEP persons contact with program
  • Nature importance of program, activity, or
    service and
  • Resources available to the recipient/costs .
  • SHORTAGE OF RESOURCES DOES NOT ELIMINATE
    REQUIREMENT!!!

21
Limited English Proficiency(LEP) (continued)
  • Children should not be used as interpreters.
  • Volunteers may be used, but make sure they
    understand interpreter ethics particularly
    confidentiality!
  • Household applications in other languages can be
    found at
  • - NSLP www.fns.usda.gov/cnd/FRP/frp.process.htm
  • - CACFP www.fns.usda.gov/cnd/Care/Translations/M
    eal_Benefit_Form_Translations.htm
  • See www.lep.gov for more information and
    resources

22
Handling Civil Rights Complaints
  • Right to file a complaint Any person who
    believes he or she has been discriminated against
    based on race, color, national origin, sex, age,
    or disability has a right to file a complaint
    within 180 days of the alleged discriminatory
    action.
  • Complainants must forward completed verbal or
    written complaints to the Indiana Department of
    Education, or USDA within three days of receiving
    a complaint.

23
Handling Civil Rights Complaints
  • Acceptance All civil rights complaints, written
    or verbal, shall be accepted and forwarded to the
    Civil Rights Division of the USDA Food and
    Nutrition Service

24
COMPLAINTS INVESTIGATION
  • To file a complaint, complainants may write to
    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).  In the Midwest Region they may
    also write to Regional Director, Civil
    Rights/EEO, 77 W. Jackson Blvd., FL 20, Chicago,
    IL 60604-3591 or call (312) 353-3353.

25
Handling Civil Rights Complaint
  • Complaints can be written or verbal
  • Anonymous complaints should be handled as any
    other complaint
  • Sponsors must give complainants a Civil Rights
    Complaint Form to complete
  • Document all potential complaints in a Civil
    Rights Complaint Log
  • Have a central location where the Civil Rights
    Complaint Forms and Civil Rights Complaint Log
    will be kept
  • A sample civil rights complaint form and log can
    be found on our website www.doe.in.gov/food

26
The following information should be included in a
Civil Rights Complaint
  • Name, address, phone number of complainant, if
    provided (not required)
  • Specific name and location of entity delivering
    the benefit or service
  • The nature of the incident, action, or method of
    administration that led the complainant to feel
    discriminated against

27
The following information should be included in a
Civil Rights ComplaintContinued
  • The basis on which the complainant feels
    discrimination exists (race, color, national
    origin, sex, age, or disability)
  • The names, titles, and business addresses of
    persons who may have knowledge of the
    discriminatory action.
  • The date(s) during which the alleged
    discriminatory actions occurred, or if
    continuing, the duration of such actions.

28
Civil Rights Training for Sponsors/Staff
  • All staff who work with Child Nutrition Programs
    must receive training on all aspects of civil
    rights compliance annually.
  • Topics -What is Discrimination?
  • -Collecting/recording racial/ethnic data
  • -Where to display posters
  • -What is a Civil Rights complaint
  • -How to handle a Civil Rights complaint
  • Retain training records of the people who
    received civil rights training.

29
Civil Rights Training for Sponsors/Staff
  • Develop fully implement sponsors civil rights
    complaint procedure.
  • Explain to all staff what to do if they receive a
    complaint.
  • Make available to all staff civil rights
    complaint forms, logs, and complaint procedures.
  • Explain to all staff that it is the basic right
    of the individual to file a complaint.

30
Food for Thought
  • How far you go in life depends on your being
    tender with the young, compassionate with the
    aged, sympathetic with the striving, and tolerant
    of the weak and strong. Because someday in life
    you will have been all of these.
  • George Washington Carver

31
CONTACT INFORMATION
  • Angela Barnes, Civil Rights Liaison
  • Department of Education
  • Office of School Community Nutrition
  • 151 West Ohio Street
  • Indianapolis, IN 46204
  • Phone 800-537-1142
  • E-mail abarnes_at_doe.in.gov
  • Web Site www.doe.in.gov/food
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