Civil Rights in Alaska Child Nutrition Programs

Civil Rights in Alaska Child Nutrition Programs

USDA Civil Rights Requirements and Child Nutrition Programs. This training presentation is developed and provided by the Alaska Department of Education & Early Development

This session is a review of the USDA Civil Rights requirements for the Alaska Child Nutrition Programs which includes the National School Lunch Program, Summer Food Service Program, Child and Adult Care Food Program and the Emergency Food Assistance program. All Child Nutrition Programs must comply with the Federal Civil Rights as part of their permanent agreement with the Alaska Department of Education & Early Development. 1Benefits of Child Nutrition Programs are made available to all eligible participants in a non-discriminatory manner.All sponsors must implement Civil Rights requirements

USDA Civil Rights

Civil Rights Requirements are intended to ensure benefits of Child Nutrition Programs are made available to all eligible participants in an non-discriminatory manner.

All sponsors receiving Federal monies must implement the Civil Rights requirements to be eligible for the program.

2Discrimination is defined as different treatment which makes a distinction of one person or a group of persons from others; either intentionally, by neglect, or by the actions or lack of actions based on.

What is Discrimination?

3 when an individual or group of individuals are:Delayed benefits or services Denied benefits or services Treated Differently than others to their disadvantageGiven Disparate TreatmentDiscrimination Occurs:The 4 Ds

Discrimination can be easily remembered by thinking of The 4 Ds. Discrimination is when an individual or group of individuals are:Delayed receiving benefits or services that others receiveDenied benefits or services that others receiveTreated Differently than others to their disadvantage, or Given Disparate Treatment something which does not seem discriminatory, but has a discriminatory impact in practice.4RaceColorSexAgeNational OriginDisability

Protected Classes

USDA has the established the following protected classes for Child Nutrition Programs: Race, Color, National Origin, Age, Sex, and Disability5A complaint of unequal treatment may be submitted:VerballyIn Writing

Or it may be observed

Recognizing a Complaint

Any participant or potential participant may lodge a civil rights complaint at any time. A complaint of unequal treatment may be submitted verbally, in writing or may be observed.

6Schools/RCCIs: must have a procedure on file. It may be as simple as referring all complaints to the superintendent who meets with the complainant to resolve issues.CACFP/Summer Food: may have a procedure on file, can also follow the directions on and Justice for All poster.The presence of a procedure will be confirmed during review.

Complaint Procedure

All Sponsors must develop a written Civil Rights Complaint Procedure and implement this procedure. Schools and RCCIs must have a procedure on file. The procedure may be as simple as referring all complaints to the superintendent who meets with the complainant to resolve issues.

Sponsors of the Child and Adult Care Food Program & Summer Food Service Program may have a procedure on file, but they can also follow the directions on and Justice for All poster.

Child Nutrition Programs will verify the presence of a procedure during the administrative review process.

7File a complaint within 180 days of the alleged discriminatory action.

Filing Timeline

A civil rights complaint must be filed within 180 days of the alleged discriminatory action.8Persons making complaint should contact USDA directly

Programs must forward all discrimination complaints received within 3 working days

Complaints

Persons lodging a civil rights complaint should contact USDA directly by mail, email or phone.

If program sponsors receive a complaint, it must be forwarded to USDA within 3 working days

9All CNP programs must train frontline staff who interact with applicants or participants

Frontline Staff must:be able to identify a civil rights complaintunderstand the basic right of the individual to file a complaintunderstand and follow proceduresTraining

All Child Nutrition Programs must train their frontline staff who interact with applicants or participants to ensure that they are able

to identify a civil rights complaintTo understand the basic right of the individual to file a complaintTo Understand and follow civil rights complaint procedures

1011Public NotificationAll FNS assistance programs must include a public notification system.

The purpose of this system is to inform applicants, participants, and potentially eligible persons of:

Program availabilityProgram rights and responsibilities The policy of nondiscrimination The procedure for filing a complaint

The elements of public notification include Complaint Information which advise applicants and participants at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures, and the Nondiscrimination Statement which is present on information materials and sources, including Web sites, used by FNS, State agencies, local agencies, or other sub-recipients to inform the public about FNS programs must contain a nondiscrimination statement. The statement is not required to be included on every page of the program Web site. At a minimum the nondiscrimination statement or a link to it must be included on the home page of the program information.

1112Nondiscrimination StatementThe 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 individuals 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 Avenue, 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.

The nondiscrimination statement reads as follows: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 individuals 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 Avenue, 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.12 This institution is an equal opportunity provider.

Must be in font size no smaller than the text in the document.May substitute the word institution for the name of the agency/school.

Too Long?

Imprinted on items such as cups, buttons, pens, etc. It must be read in its entirety when used in public service announcements on the radio, T.V., etc., stating that the specific program is an equal opportunity provider is sufficient.

A nondiscrimination statement is not required to be imprinted on items such as cups, buttons, magnets, and pens that identify the program, when the size or configuration makes it impractical. In addition, recognizing that Internet, radio, and television public service announcements are generally short in duration, the nondiscrimination statement does not have to be read in its entirety. Rather, a statement such as The [program name] is an equal opportunity provider is sufficient to meet the nondiscrimination requirement.

If the material is too small to permit the full statement to be included, the material will at a minimum include the statement, in print size no smaller than the text that This institution is an equal opportunity provider and employer. This includes web pages.

13Where Does It Go?Enrollment FormsMenusEmployee HandbooksNewslettersBrochuresParent HandbooksPrint or broadcast advertisementsFlyersWebsites

All sponsors must have the capability of providing informational materials in the appropriate translation

14And Justice For AllThe Non-discrimination poster must be placed where participants and potential participants have ready access (office and feeding areas).

15Schools/RCCIs: This data is reported by districts/RCCIs to EED through other reporting methods.CACFP/SFSP: Must collect Racial and Ethnic Data annually, however it is optional for participants to provide this information on the Confidential Income Statement (CACFP) or Free and Reduced-Price Application (SFSP)Sponsor must collect and maintain data annuallyReport on CNP database for CACFP centers & SFSP Sponsors of family day care homes collect by site for annual reportingCNP will check Racial and Ethnic data during Administrative Reviews

Racial/Ethnic Data Collection

Sponsors must collect and record Racial and Ethnic Data for all participants at all sites on an annual basis. An important point to make is that it is optional for participants to provide you with racial and ethnic information, however, it is a requirement for sponsors to collect and maintain Racial and Ethnic data on an annual basis.

This data is reported by districts/RCCIs to EED through other reporting methods and is not submitted directly to Child Nutrition Programs.

Child and Adult Care Food Program sponsors and Summer Food Service Program sponsors must collect Racial and Ethnic Data annually, however it is optional for participants to provide this information on the Confidential Income Statement (CACFP) or Free and Reduced-Price Application (SFSP). Sponsor must collect and maintain data annually and report this data on CNP database. Sponsors of family day care homes collect by site for annual reporting, CNP will check Racial and Ethnic data during Administrative Reviews

The Emergency Food Assistance Program (TEFAP) does not collect racial/ethnic data.

1617

Data Collection &Reporting The purpose is to:

Determine how effectively FNS programs are reaching potential eligible persons and beneficiaries,

State and local agencies should compare their participant data with potential eligible persons within their service areas.

If disparities or areas of underrepresentation occur, it will be necessary to investigate the causes for it. Provide additional outreach as needed,

Assist in the selection of locations for compliance reviews, and

Complete reports, as required.

The purpose is to of data collection is to determine how effectively FNS programs are reaching potential eligible persons and beneficiaries. Child Nutrition Programs compares sponsors participant data with potential eligible persons within their service areas, if disparities or areas of underrepresentation occur, it will be necessary to investigate the causes for it.

This data also may assist in the selection of locations for compliance reviews and for reporting purposes.17Two-Step Format: - separate categories will be used when collecting and reporting Race and Ethnicity.

Ethnicity will be collected first

Racial designations second

Racial/Ethnic Data Collection

Racial and Ethnic Data Collection is a two step process. Separate categories will be used when collecting and reporting Race and Ethnicity of participants. You may collect this information either from enrollment records or actual attendance. It is recorded from a specific point in time; for instance one day or one month, depending on what information you have available to you.

Ethnicity will be determined first; racial designations second. 18Ethnicity: Hispanic or Latino Not Hispanic or LatinoRacial Designation: American Indian or Alaskan Native Asian Black or African American Native Hawaiian or Other Pacific Islander White Other

Racial and Ethnic data may be collected on application or can be collected using a visual identification.Racial/Ethnic Data Collection

Step One Ethnic information will be determined. For each participant, determine if they are Hispanic or Latino. Or Not Hispanic or Latino.

The second step is this two step format is to determine one or more racial designations. Participants may be considered in one or more of these categories.

Racial and Ethnic data may be collected on sponsor intake forms, Confidential Income Statements or can be collected using a visual identification method. When using visual method, review the category definitions, and make the determination to the best of your ability.

1920Limited English Proficiency (LEP)Definition:Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English.

20Recipients of Federal financial assistance have a responsibility to take reasonable steps to ensure meaningful access to their programs and activities by persons with limited English proficiency.We have responsibility to take reasonable steps to ensure meaningful access to federal programs.

Limited English Proficiency

21Factors to consider in determining what isreasonable:

Number of LEP individualsFrequency of contact with the programsNature and importance of the programsResources available

For more information on LEP go to: www.lep.govLimited English Proficiency

2223 Elements of Effective LEP PlanAfter deciding what language assistance services are appropriate, a recipient should develop an implementation plan to address the identified needs of the LEP populations they serve

These five steps may help in plan design:Identifying LEP individuals who need language assistance. Language assistance measures. Training staffProvide notice to LEP personsMonitoring and updating the LEP Plan.

23Alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDAs TARGET Center at (202) 720-2600 (voice and TTY). Accommodating dietary needs due to a disability (with physicians statement and recommended substitutions)

Accommodations for Disabilities

Child Nutrition Programs must also make accommodations for children with disabilities. This includes alternative means for communication of program information such as Braille, large print, audiotape, etc. Program sponsors must also accommodate dietary needs due to a disability with physicians statement to include recommended substitutions

24Equal opportunities for religious organizationsEnsures a equal participation of faith-based organizations and other community organizations in the USDA programsThis is accomplished by:Prohibiting discriminationAllowing to retain independence & display religious art, icons, scriptures, or other religious symbols; andEnsuring no discrimination against a program beneficiaries on the basis of religion or religious belief.

Religious Organizations

USDA also provides equal opportunities for religious organizations in the sponsorship of child nutrition programs, this ensures a equal participation of faith-based organizations and other community organizations in the USDA programs. This is accomplished by:Prohibiting discriminationAllowing agencies to retain independence & display religious art, icons, scriptures, or other religious symbols; andEnsuring that no discrimination occurs against program beneficiaries on the basis of religion or religious belief.

25Programs will operate in compliance with all non-discrimination laws, regulations, instructions, policies and guidelines. A civil rights assurance is incorporated in the permanent agreements between State agencies and sponsors.All programs who sign with unaffiliated sites (primarily CACFP and SFSP) will also incorporate the Civil Rights assurance in their agreements.Vendors must serve all persons in compliance with CR requirements & ensure that program participants treated the same as other customers.

Assurances

Civil Rights Assurances ensure that programs will operate in compliance with all non-discrimination laws, regulations, instructions, policies and guidelines. A civil rights assurance is incorporated in the permanent agreements between State agencies and sponsors.All programs who sponsor unaffiliated sites (primarily CACFP and SFSP) must also incorporate the Civil Rights assurance in their agreements.Vendors must serve all persons in compliance with civil rights requirements & ensure that program participants treated the same as other customers. 26There are four different types of Compliance Reviews conducted by CNP

Pre-award for new programsRoutine Compliance Reviews during CNP reviewNSLP only: Review of On Site Review Summary Form submitted annually to CNP by February 15Special Compliance Reviews due to complaints

Civil Rights Reviews

There are four different types of Compliance Reviews conducted by Child Nutrition Programs,

Pre-award review for new programsRoutine Compliance Reviews during the administrative reviewFor schools and RCCIs participating in the National School Lunch Program: Review of On Site Review Summary Form submitted annually to CNP by February 15And Special Compliance Reviews which are conducted as a result of recipient or public complaints

27Civil Rights Compliance PowerPointand Justice for All Poster (11x17)FNS Instruction 113-1 FNS Accommodating Special Diet Needs in the School Nutrition ProgramsCivil Rights Site Review FormFound online at: http://www.eed.state.ak.us/tls/cnp/CRR.html

Civil Rights Toolkit

Child Nutrition Programs has a Civil Rights toolkit available for program sponsors which can be found at http://www.eed.state.ak.us/tls/cnp/CRR.html

In the tool kit are the following items:

Civil Rights Compliance PowerPointand Justice for All Poster (11x17)FNS Instruction 113-1 FNS Accommodating Special Diet Needs in the School Nutrition ProgramsCivil Rights Site Review Form

28Offer any Child Nutrition Program in a Non-Discriminatory Manner. Train staff annually on Civil Rights and document the training.Ensure CR Complaint Procedure is in compliance with federal requirementsCivil Rights Must-Do List

All Child Nutrition Program sponsors must

Offer any Child Nutrition Program in a Non-Discriminatory Manner. Train staff annually on Civil Rights and document the training.Ensure CR Complaint Procedure is in compliance with federal requirements.

29Prominently display the And Justice for All poster in the office and feeding areas.Non-discrimination statement must be on all printed materials available to the public which mention USDA and/or Child Nutrition Program meals and snacks.Civil Rights Must-Do List

Prominently display the And Justice for All poster in the office and feeding areas.Non-discrimination statement must be on all printed materials available to the public which mention USDA and/or Child Nutrition Program meals and snacks.30