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 Four Ds
The 4 Ds

• an individual or group is
• Denied benefits or services that others
• receive
• Delayed receiving benefits or services
• that others receive
• Treated Differently than others to their
• disadvantage
• Given Disparate treatment something
• which does not seem discriminatory, but
• has a discriminatory impact in practice

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

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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

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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

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Components of Civil Rights Compliance

• Assurances
• Public Notification System
• Outreach and Education
• Data Collection
• Reasonable Accommodations
• 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.

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Equal Access

• All children who attend a center and/or school
  must be provided equal access to the benefits of
  Child Nutrition Programs. Therefore, infants
  must be offered infant formula and food at the
  center/school and parents cannot be asked or
  required to supply these items. To withhold the
  program from any eligible age group is age
  discrimination.

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Equal Access Example

• Situation A child care center does not provide
  infant foods and/or formula to infants in their
  care and requires parents to supply these items.
  Is this a civil rights issue?
• Yes. All children who attend a center must be
  provided equal access to the benefits of the
  CACFP. Therefore, infant formula and food must
  be offered to infants at the center and parents
  cannot be asked or required to supply these
  items. To withhold the program from any eligible
  age group is age discrimination.

13
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,

14
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).

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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

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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

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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.

18
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.

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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

20
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

21
Reasonable Accommodations

• Sponsors must make reasonable accommodations for
• persons with disabilities.
• All sponsors participating in Child Nutrition
  Programs are required to provide FOOD
  SUBSTITUTIONS or MODIFICATIONS if
• A physicians statement is on file that
  describes the participants disability (a
  disability as defined in federal regulations)
  that prevents the participant from eating the
  regularly offered foods, and
• 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 center
• and/or school.

22
Reasonable Accommodations Example

• Situation A parent complains about the choices
  provided during breakfast and demands that gluten
  free products be provided for their child. What
  must the Sponsor do, and how does this relate to
  civil rights?
• The Sponsor is required to provide the gluten
  free products if
• a physician has determined that the participant
  is disabled according to federal definitions and
  
• the physician has prescribed gluten free products
  on the Special Diet Statement. This situation
  only becomes a civil rights issue if the child
  has a recognized disability and the sponsor has
  not accommodated the childs special dietary
  needs.
• If the participant is not disabled, the sponsor
  may make food substitutions at their
• discretion.

23
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.

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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!!!

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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

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Handling Civil Rights Complaints

• Sponsors are required to develop and implement a
  written procedure to handle any discrimination
  complaint that my be received.
• 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 may choose to directly contact the
  USDA with their complaint or they may notify the
  sponsor of their complaint. The sponsor must
  forward all discrimination complaints received
  regarding Child Nutrition to the IDOE, School and
  Community Nutrition within 3 working days of
  receiving a complaint.

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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

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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

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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.

30
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.

31
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.

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• Summary of what a sponsor must do for Civil
  Rights Requirements?

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Summary Civil RightsMust Do List?

• Offer any Child Nutrition Programs in a
  Non-Discriminatory Manner
• Train staff annually on Civil Rights and
  complete the training form.
• Develop fully implement sponsors CR Complaint
  Procedure
• Make available to all staff CR complaint
  forms, CR Log and CR complaint procedure

34
Summary Civil RightsMust Do List?

• Prominently display the And Justice for All
  poster
• Non-discrimination statement must be on all
  printed materials available to the public which
  mention USDA and/or Child Nutrition Program meals
  and snacks
• Must offer meals to all students in the school
  and/or child care facilities

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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

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CONTACT INFORMATION

• Angela Barnes, Civil Rights Liaison
• Department of Education
• School Community Nutrition
• 151 West Ohio Street
• Indianapolis, IN 46204
• Phone [phone]
• E-mail abarnes_at_doe.in.gov
• Web Site www.doe.in.gov/food