USDA Civil Rights Requirements

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USDA Civil Rights Requirements

• Idaho State Department of Education
• Child Nutrition Programs
• Child and Adult Care Food Program
• Spring 2009

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Introduction

• Civil Rights Regulations are intended to assure
  that benefits of CACFP 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 Service (FNS) instruction 113
  is the federal regulation governing Civil Rights
  in the Child Nutrition Programs

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Discrimination is
The 3 Ds

• when an individual or group of
  individuals are
• Denied benefits or services that others receive
• Delayed receiving benefits or services that
  others receive, or
• Treated Differently than others to their
  disadvantage

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Protected Classes

• Race
• Color
• National origin

• Age
• Sex
• Disability

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Collection of Racial and Ethnic Data

• Ethnic and Racial Data
• from Your Service
• Area (Potential Applicants)

SDE provides census data by county to you to meet
this requirement. This will need to be updated
with the 2010 census numbers when they are
available. Report as a PERCENTAGE.
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Collection of Racial and Ethnic Data

• Collect Annually
• Ethnic and Racial Data
• about the Actual Participants

Sponsor collects data from Free and Reduced
Applications, or staff may make a visual
identification of participants category. Report
ACTUAL number by October 31 each year in CNP
2000
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2 Ethnic Categories

• 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

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5 Racial Categories

• Black or African American (persons having origins
  in any of the black racial groups of Africa)
• Asian (includes the Far East, Southeast Asia, or
  the Indian subcontinent including Cambodia,
  China, India, Japan, Korea, Malaysia, Pakistan,
  the Philippine Islands, Thailand, and Vietnam)
• American Indian (North, Central and South
  American Indians) Alaska Native
• White (persons having origins in any of the
  original peoples of Europe, the Middle East, or
  North Africa)
• Native Hawaiian or Other Pacific Islander (Native
  Hawaiians, Guamanians, Samoans, Carolinian,
  Fijian, Kosraean, Melanesian, Micronesian,
  Northern Mariana Islander, Palauan, Papua New
  Guinean, Ponapean (Pohnpelan) Polynesian, Solomon
  Islander, Tahitian, Tarawa Islander, Tokelauan,
  Tongan, Trukese (Chuukese) and Yapese)

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Public Release

• News Media NotificationAnnually submit a public
  release to the local news media describing your
  specific program.
• Minority and Grass Roots OrganizationsAll CACFP
  institutions are required to contact minority and
  grassroots organizations to recruit potential
  participants.

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Procedures

• Upon request, make available to the public,
  participants and potential participants,
  information about
• Program eligibility
• Benefits and services
• Procedures for filing a complaint, in English
  and/or in the appropriate translation to
  non-English speaking persons.
• If needed use alternative means of communication
  (Braille, large print, audiotape, etc.).

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Procedures for Filing a Complaint
1. Right To File A Complaint Any person
alleging discrimination 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. Under special
circumstances this time limit may be extended by
the Office of Civil Rights (OCR).
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Procedures for Filing a Complaint
2. Acceptance All civil rights complaints,
written or verbal, shall be accepted and
forwarded to the state agency to be forwarded to
the Civil Rights Division at WRO. It is
necessary that the information be sufficient to
determine the identity of the agency or
individual towards which the complaint is
directed, and to indicate the possibility of a
violation. Anonymous complaints should be
handled as any other complaints.
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Procedures for Filing a Complaint
3. Verbal Complaints In the event a
complainant makes the allegations verbally or
through a telephone conversation and refuses or
is not inclined to place such allegations in
writing, the person to whom the allegations are
made shall write up the elements of the complaint
for the complainant. Every effort should be made
to have the complainant provide the following
information.
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Components of Verbal Complaints

• Contact information for the complainant.
• The specific location and name of the entity
  delivering the service or benefit.
• The nature of the incident or action that led the
  complainant to feel discrimination was a factor.
• 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.

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Sample Civil Rights Complaint Procedure Exhibit
10 in Center Manual

• If a complainant returns a complaint form or
  provides a verbal complaint the sponsor must
  forward the complaint to the State Agency within
  three working days.

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Civil Rights (CR) Complaint Form

• CR Complaint Form must be readily available at
  all sites
• Sponsor must make every attempt to help
  complainant complete CR Complaint Form
• If complainant returns CR Complaint Form to
  sponsor, it must be forwarded to SDE with in 3
  working days of receipt by sponsor

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Civil Rights Complaint Log

• All discrimination complaints must be documented
  in the Civil Rights complaint log
• Log must be dated with Year and kept for 3 years
  current FY, even if no complaints have been
  received

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Civil Rights Training

• All staff involved in CACFP must receive annual
  training on Civil Rights requirements.
• Topics to cover
• What is discrimination?
• Collecting and recording racial and ethnic data
• Where to display And Justice for All posters
• What is a Civil Rights complaint?
• How to handle a Civil Rights complaint

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And Justice For All

• Poster must be placed in a prominent area where
  participants and potential participants have
  ready access

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Nondiscrimination Statement Long version

• In accordance with Federal law and U.S.
  Department of Agriculture (USDA) policy, this
  institution is prohibited from discriminating on
  the basis of race, color, national origin, sex,
  age, or disability.
• To file a complaint of discrimination, write
  USDA, Director, Office of Civil Rights, 1400
  Independence Avenue, SW, Washington, DC
  20250-9410 or call [phone] or
  [phone] (TTY). USDA is an equal opportunity
  provider and employer.

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Statement Usage Information

• The full statement is the preferred statement on
  all documents anytime the USDA food programs are
  referred to in brochures, bulletins, leaflets,
  letters, etc.
• The full statement must be used in documents that
  are more than 1 ½ pages
• All statements should be in print size no smaller
  than the text of the document

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When a Non-discrimination Statement is Needed

• Informational Materials that require the
  Non-discrimination Statement include

• Parent Handbooks
• Print or broadcast advertisements
• Flyers
• Websites

• Employee Handbooks
• Enrollment Forms
• Menus
• Newsletters
• Brochures

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Nondiscrimination Statement - Short version

• Sponsors may use the short version on documents
  mentioning USDA or the CACFP if document is 1 ½
  page or less in length.
• This institution is an
• equal opportunity provider.

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Sample Civil Rights Binder

• Sample CR Binder could look something like this
• Separate sections for
• Sponsors written CR complaint procedure,
• CR complaint Log,
• Copies of CR complaint forms (minimum of English
  and Spanish available)

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Common Review Findings

• Civil Rights Complaint forms not accessible to
  all staff at each site
• Only front page of complaint form is available
• Staff do not recognize a civil rights complaint
  when asked and /or are not able to verbalize the
  civil rights complaint procedure to reviewer

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Common Review Findings

• And Justice for All poster is not visible where
  parents and the general public can see and read
  it
• Non-discrimination statement missing from public
  documents that mention or imply USDA and CACFP
  (most common finding)

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Civil Rights Resources

• SDE website www.sde.idaho.gov/site/cnp/

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Summary Civil RightsWhatcha Gotta Do?

• Offer CACFP in a Non-Discriminatory Manner
• Train staff annually on Civil Rights
• Develop fully implement institutions CR
  Complaint Procedure
• Make available to all staff CR complaint forms,
  CR log and CR complaint procedure
• Non-discrimination statement must be on all
  printed materials available to the public which
  mention USDA and/or CACFP meals and snacks

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Summary Civil RightsWhatcha Gotta Do?

• Prominently display the And Justice for All
  poster
• Collect and report actual racial/ethnic data
  during renewal process annually
• Report racial / ethnic data for service area
  during renewal process annually
• Must offer meals to all infants in care

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Questions ????
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