11

Civil Rights Civil Rights and and

Child Nutrition Programs Child Nutrition Programs

by by Hawaii Hawaii

Child Nutrition ProgramsChild Nutrition Programs

22

What are What are

Civil Rights?Civil Rights?

33

PurposePurpose

To ensure benefits of CNPs are To ensure benefits of CNPs are available to all eligible people in a available to all eligible people in a nondiscriminatory manner.nondiscriminatory manner.

All SFAs participating in NSLP and All SFAs participating in NSLP and receiving federal $$ must implement receiving federal $$ must implement civil rights requirements.civil rights requirements.

44

Civil Rights LawsCivil Rights Laws

Title VITitle VI of Civil Rights Act of 1964- of Civil Rights Act of 1964- Race, Color, National OriginRace, Color, National Origin

Title IXTitle IX of Education Amendment of of Education Amendment of 1972-1972-SexSex

Section 504Section 504 of Rehabilitation Act of of Rehabilitation Act of 1973- 1973- DisabilityDisability

Age Discrimination Act of 1975- Age Discrimination Act of 1975- AgeAge

Civil Rights Restoration Act of 1987Civil Rights Restoration Act of 1987

55

Heart of Title VIHeart of Title VI

No person in the United States shallNo person in the United States shall,, on ground of race, color or national on ground of race, color or national originorigin,, be excluded from participation be excluded from participation in, be denied the benefits of, or be in, be denied the benefits of, or be subjected to discrimination under subjected to discrimination under any program receiving Federal any program receiving Federal financial assistance. financial assistance.

66

Areas of ComplianceAreas of Compliance

Training (Annually)Training (Annually) AssurancesAssurances Public Notification SystemPublic Notification System Data CollectionData Collection Limited English ProficiencyLimited English Proficiency Reasonable Accommodation Reasonable Accommodation

of Persons with Disabilitiesof Persons with Disabilities

77

Areas of ComplianceAreas of Compliance ((continued)continued)

Customer ServiceCustomer Service Conflict ResolutionConflict Resolution Complaint ProcedureComplaint Procedure Compliance ReviewCompliance Review Resolution of NoncomplianceResolution of Noncompliance

88

Civil Rights TrainingCivil Rights Training

All staff should:All staff should:

Receive training on compliance Receive training on compliance annuallyannually

Identify complaintsIdentify complaints

Handle complaints in accordance with Handle complaints in accordance with proceduresprocedures

Understand basic right of individual to Understand basic right of individual to file complaintfile complaint

99

What What

is is

Discrimination?Discrimination?

1010

DiscriminationDiscrimination

Different treatment that makes a Different treatment that makes a distinction of one person or a distinction of one person or a group of persons from others; group of persons from others; either intentionally, by neglect or either intentionally, by neglect or by actions or lack of actions, by actions or lack of actions, based on based on “protected classes.”“protected classes.”

1111

CNPs have six CNPs have six ““protectedprotected classes”classes”

RaceRaceColorColorSexSexAgeAgeNational OriginNational OriginDisabilityDisability

1212

DiscriminationDiscrimination

DDelayed elayed receiving benefits or services receiving benefits or services others receiveothers receive

DDenied enied benefits or services others receive benefits or services others receive

TreatedTreated DDifferentlyifferently than others to their than others to their disadvantagedisadvantage

Given Given DDisparateisparate treatment for something treatment for something which does not seem discriminatory, but has a which does not seem discriminatory, but has a discriminatory impact.discriminatory impact.

The 4 The 4

““D”sD”s When an individual or group of individuals are:

1313

NondiscriminationNondiscrimination

Is NSLP application distributed and processed in a Is NSLP application distributed and processed in a nondiscriminatory manner?nondiscriminatory manner?

Is application accessible to all?Is application accessible to all?

Is distribution done in a way that is fair and does Is distribution done in a way that is fair and does not discriminate within the six protectednot discriminate within the six protected classes?classes?

Does meal service allow equal participation Does meal service allow equal participation regardless of race, color, sex, age, national origin, regardless of race, color, sex, age, national origin, or disability?or disability?

1414

AssurancesAssurances

To qualify for Federal assistanceTo qualify for Federal assistance, , entity must provide written assurance entity must provide written assurance that CNP will operate in compliance with that CNP will operate in compliance with all nondiscrimination laws, regulations, all nondiscrimination laws, regulations, instructions, policies, and guidelines. instructions, policies, and guidelines.

In “Agreement Between School Food Authority In “Agreement Between School Food Authority and the Department of Education”and the Department of Education”

1515

““And Justice For All”And Justice For All”

Poster must be Poster must be displayed in a displayed in a prominent area prominent area where participants where participants and potential and potential participants have participants have ready accessready access

1616

Materials requiring nondiscrimination Materials requiring nondiscrimination statement include:statement include:

F/R ApplicationsF/R Applications MenusMenus Employee HandbookEmployee Handbook NewslettersNewsletters FlyersFlyers WebsitesWebsites Brochures Brochures AdvertisementAdvertisement

1717

Nondiscrimination Statement Nondiscrimination Statement VersionsVersions

The 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 Ave., S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov.  Individuals 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.

““This institution is an equal opportunity provider.This institution is an equal opportunity provider.” This, at the very least, must be on all documents ” This, at the very least, must be on all documents pertaining to school meals programs.pertaining to school meals programs.

1818

Public NotificationPublic Notification

All sites must provide materials in All sites must provide materials in appropriate translations concerning appropriate translations concerning availability and nutritional benefits of availability and nutritional benefits of meals in CNPs.meals in CNPs.

USDA NSLP translations web site: USDA NSLP translations web site: http://www.fns.usda.gov/cnd/frp/frp.process.htm

All CNPs must display 11x17 “And Justice All CNPs must display 11x17 “And Justice For All” nondiscrimination poster in a For All” nondiscrimination poster in a prominent place.prominent place.

1919

Public Notification Public Notification (continued) (continued)

CNPs must make program information CNPs must make program information available to public upon request. available to public upon request. – Free & Reduced Application, Press ReleaseFree & Reduced Application, Press Release

Upon initial visit, parents must be given Upon initial visit, parents must be given specific program information pertinent to specific program information pertinent to receipt of benefits through CNPs. receipt of benefits through CNPs. – Free & Reduced ApplicationFree & Reduced Application

Nondiscrimination statement and a Nondiscrimination statement and a procedure for filing a complaint must be procedure for filing a complaint must be readily available to households readily available to households participating in program.participating in program.

2020

Data Collection and MaintenanceData Collection and Maintenance

Ensure that racial/ethnic data are collected Ensure that racial/ethnic data are collected annually and maintained on file for 6 years + annually and maintained on file for 6 years + current year for each sitecurrent year for each site

Two Categories shall be used when collecting Two Categories shall be used when collecting and reporting race and ethnicityand reporting race and ethnicity

1.)1.)EthnicityEthnicity- Hispanic or Latino- Hispanic or Latino2.)2.)RaceRace- American Indian or Alaskan Native- American Indian or Alaskan Native

Black or African AmericanBlack or African American Native Hawaiian or Other Pacific IslanderNative Hawaiian or Other Pacific Islander WhiteWhite

Asian Asian

2121

Data Collection and MaintenanceData Collection and Maintenance(continued)(continued)

Complete Civil Rights Ethnic Data Report Complete Civil Rights Ethnic Data Report (Form O-4c) annually by October 31.(Form O-4c) annually by October 31.

Parents are asked to voluntarily identify Parents are asked to voluntarily identify racial/ethnic group of children.racial/ethnic group of children.

Visual identification may be used by SFA Visual identification may be used by SFA to determine a child’s racial/ethnic to determine a child’s racial/ethnic category category – (Residential Child Care Institution)(Residential Child Care Institution)

2222

Limited English ProficiencyLimited English Proficiency

If a significant number or proportion If a significant number or proportion of eligible population needs service of eligible population needs service or information in a language other or information in a language other than English to be informed of or to than English to be informed of or to participate, SFA shall take participate, SFA shall take reasonable steps to provide reasonable steps to provide appropriate language translations to appropriate language translations to such persons.such persons.

2323

Limited English Proficiency Limited English Proficiency (continued)(continued)

Consider ….Consider …. Number of Number of Limited English Limited English

ProficiencyProficiency individuals participating individuals participating in CNPin CNP

Frequency of contact Frequency of contact

Nature and importance of ProgramNature and importance of Program

Resources availableResources available

2424

Reasonable Accommodation ofReasonable Accommodation ofPersons with DisabilitiesPersons with Disabilities

DisabilityDisability: physical or mental impairment which : physical or mental impairment which substantially limits one or more of an individual’s substantially limits one or more of an individual’s major life activities, has a record of such an major life activities, has a record of such an impairment, or is regarded as having such an impairment, or is regarded as having such an impairmentimpairment

Disabilities are defined based on Section 504 of Disabilities are defined based on Section 504 of the Rehabilitation Act/Americans with Disabilities the Rehabilitation Act/Americans with Disabilities Act and Part B of Individuals with Disabilities Act and Part B of Individuals with Disabilities Education Act (IDEA)Education Act (IDEA)– Examples: Orthopedic, visual, speech, hearing Examples: Orthopedic, visual, speech, hearing

impairments; cerebral palsy; epilepsy; muscular impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; dystrophy; multiple sclerosis; cancer; heart disease; food anaphylaxis (severe food allergy); metabolic food anaphylaxis (severe food allergy); metabolic diseases (such as diabetes) diseases (such as diabetes)

2525

What is the school’s responsibility What is the school’s responsibility to children with disabilities?to children with disabilities?

Provide facilities for participants with disabilitiesProvide facilities for participants with disabilities– Examples: accessible parking lots, entrances and Examples: accessible parking lots, entrances and

exits, halls, elevators, restrooms, service animals, exits, halls, elevators, restrooms, service animals, alternative arrangements for servicealternative arrangements for service

Provide appropriate information in alternative Provide appropriate information in alternative formats for persons with disabilitiesformats for persons with disabilities– Example: Braille program materials, sign language Example: Braille program materials, sign language

interpretersinterpreters

Provide food substitutions for students with Provide food substitutions for students with disabilities when documented in writing by a disabilities when documented in writing by a licensed physicianlicensed physician

2626

Customer ServiceCustomer Service All students must be allowed equal All students must be allowed equal

opportunities to participate in CN opportunities to participate in CN programs regardless of race, color, programs regardless of race, color, national origin, sex, age, disabilitynational origin, sex, age, disability

All participants must be treated in the All participants must be treated in the same manner same manner (i.e. seating arrangements, serving lines, (i.e. seating arrangements, serving lines, services and facilities, assignment of services and facilities, assignment of eating periods, methods of selection for eating periods, methods of selection for application approval and verification application approval and verification processes)processes)

2727

Conflict ResolutionConflict Resolution

USDA recommends using an USDA recommends using an Alternative Dispute Resolution (ADR) Alternative Dispute Resolution (ADR) programprogram

– ADR: use of a neutral third party ADR: use of a neutral third party (usually a person acting as a facilitator) (usually a person acting as a facilitator) to resolve informally a complaint of to resolve informally a complaint of discrimination through use of various discrimination through use of various techniques techniques

2828

RecognizingRecognizing aa

Civil Rights Civil Rights ComplaintComplaint

2929

Complaints of unequal Complaints of unequal treatment can be:treatment can be:

–VerbalVerbal–In writingIn writing–ObservedObserved

3030

Handling a ComplaintHandling a Complaint

SFA Civil Rights Official enters complaint SFA Civil Rights Official enters complaint on log on log (Form O-4b)(Form O-4b)

Complete Complete Civil Rights Complaint Form, Civil Rights Complaint Form, Form O-4aForm O-4a in the Civil Rights Procedures in the Civil Rights Procedures LogLog

Resolve at SFA level. Resolve at SFA level. Submit complaint report to OHCNP within Submit complaint report to OHCNP within

5 working days.5 working days.

3131

How soon does How soon does a complaint need to be filed?a complaint need to be filed?

Complainant has up to 180 days from Complainant has up to 180 days from alleged incident to file a complaint.alleged incident to file a complaint.

3232

Civil Rights Complaint Procedure

.

Civil Rights complaint received by SFA(verbal or written)

Civil Rights complaint documentedin Civil Rights Complaint Log (Form O-4b)

SFA/School gives complainant Civil Rights Complaint Form (Form O-4a) or

SFA assists complainant to complete Form O-4a

If complainant returns Civil Rights Complaint Form to SFA,

SFA forwards Civil Rights Complaint Form to HCNP within 5 working days

3333

Civil Rights Complaint LogCivil Rights Complaint Log

MMust be datedust be dated

Keep for current + 6 years, Keep for current + 6 years, even if no complaints have even if no complaints have been receivedbeen received

3434

JFA poster on front coverJFA poster on front cover Sections for Sections for

1) SFA CR complaint procedure1) SFA CR complaint procedure

2) CR complaint forms and log (make copies)2) CR complaint forms and log (make copies)

3) Nondiscrimination procedures from 3) Nondiscrimination procedures from Free and Free and Reduced Policy (Form O-4).Reduced Policy (Form O-4).

4) FNS Instructions 113-14) FNS Instructions 113-1

5) Training forms – Sign-in sheet, agenda, etc. 5) Training forms – Sign-in sheet, agenda, etc. SFA Civil Rights Coordinating Official must SFA Civil Rights Coordinating Official must

sign complaint log.sign complaint log.

CNP Civil Rights Procedure Manual

3535

Civil Rights Complaint FormCivil Rights Complaint Form

CR Complaint FormCR Complaint Form must be readily must be readily available at all sites for all staff.available at all sites for all staff.

Make every attempt to help Make every attempt to help complainant complete complainant complete CR CR Complaint Form. Complaint Form.

If household cannot fill out If household cannot fill out complaint form, SFA is responsible complaint form, SFA is responsible to document complaint.to document complaint.

3636

Compliance Review Compliance Review PurposePurpose

To ensure that CNPs are in compliance To ensure that CNPs are in compliance with Civil Rights Requirementswith Civil Rights Requirements

3737

NoncomplianceNoncompliance

There are NO “minor” or “major” There are NO “minor” or “major” categories of noncompliance. All categories of noncompliance. All instances of non-compliance are instances of non-compliance are considered equally.considered equally.

No matter the level or severity of No matter the level or severity of noncompliance, it must be noncompliance, it must be reported and it must be reported and it must be corrected.corrected.

3838

Examples of NoncomplianceExamples of Noncompliance

Denying an individual or household the Denying an individual or household the opportunity to apply for FNS program benefits opportunity to apply for FNS program benefits or services on the basis of race, color, sex, or services on the basis of race, color, sex, age, national origin, or disabilityage, national origin, or disability

Providing FNS program services or benefits in Providing FNS program services or benefits in a dissimilar manner on the basis of race, a dissimilar manner on the basis of race, color, sex, age, national origin, or disabilitycolor, sex, age, national origin, or disability

– Example: Serving lunch to an African Example: Serving lunch to an African American child but serving a snack/modified American child but serving a snack/modified meal to an Asian American childmeal to an Asian American child

3939

Examples of NoncomplianceExamples of Noncompliance

Selecting FNS program sites or facilities in a Selecting FNS program sites or facilities in a manner that denies an individual access to manner that denies an individual access to FNS program benefits, assistance, or services FNS program benefits, assistance, or services on the basis of the six protected classes on the basis of the six protected classes (race, color, national origin, etc.)(race, color, national origin, etc.)

– Example: Serving breakfast in some schools Example: Serving breakfast in some schools but not at schools located in areas with a high but not at schools located in areas with a high proportion of children with disabilities or a high proportion of children with disabilities or a high proportion of minority studentsproportion of minority students

4040

Resolution of NoncomplianceResolution of Noncompliance

If noncompliance is indicated, a corrective If noncompliance is indicated, a corrective action plan must be implemented action plan must be implemented immediately to achieve voluntary immediately to achieve voluntary compliance within 60 dayscompliance within 60 days

Corrective Action PlanCorrective Action Plan: a plan : a plan describing the agency’s actions to be describing the agency’s actions to be taken to resolve noncompliance with civil taken to resolve noncompliance with civil rights requirementsrights requirements

4141

Common CRE Review FindingsCommon CRE Review Findings

And Justice for AllAnd Justice for All poster is not visible poster is not visible where parents and the general public where parents and the general public can read itcan read it

Nondiscrimination statement is Nondiscrimination statement is missing from CNP documentsmissing from CNP documents

Civil Rights FileCivil Rights File is not complete is not complete Log, complaint process, training sign-in sheetLog, complaint process, training sign-in sheet

4242

Civil Rights “Must Do List”Civil Rights “Must Do List”

Offer all CNPs in a nondiscriminatory Offer all CNPs in a nondiscriminatory

manner so that all students have equal manner so that all students have equal access to school meals.access to school meals.

Complete Civil Rights Ethnic Data Complete Civil Rights Ethnic Data Report (Form O-4c) annually by Oct 31.Report (Form O-4c) annually by Oct 31.

Train staff annually on Civil Rights Train staff annually on Civil Rights compliance. compliance.

Implement Complaint Procedure.Implement Complaint Procedure.

4343

Civil Rights “Must Do List”Civil Rights “Must Do List” (continued)(continued)

Make available CNP Civil Rights Make available CNP Civil Rights procedures and forms.procedures and forms.

Prominently display the “Prominently display the “And Justice And Justice for All”for All” poster. poster.

Place nondiscrimination statement Place nondiscrimination statement on all printed CNP materials available on all printed CNP materials available to public including web site.to public including web site.

4444

Thank You

4545

The 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 Ave., S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov.  Individuals 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.