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Civil Rights Civil Rights and and Child Child Nutrition Nutrition Programs Programs

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Page 1: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

USDA USDA Civil Rights Civil Rights and and Child Nutrition Child Nutrition ProgramsPrograms

Page 2: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

USDA Civil RightsUSDA Civil RightsBenefits of Child Nutrition

Programs are made available to all eligible participants in a non-discriminatory manner.

All sponsors must implement Civil Rights requirements

Page 3: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Discrimination is…Discrimination is…

Different treatment Makes distinction from others

Either intentionally, by neglect or by the actions or lack of actions

Based on the protected classes.

Page 4: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Protected ClassesProtected ClassesRace Color National origin AgeAge

Sex Sex DisabilityDisability

Page 5: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Recognizing a Recognizing a Civil Rights ComplaintCivil Rights ComplaintA Complaint of unequal treatment may be submitted:◦Verbally◦In WritingOr it may be observed Observed

Page 6: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Discrimination Discrimination Occurs:Occurs:

…when an individual or group of individuals are:Delayed benefits or services

Denied benefits or services

Treated Differently than others to their disadvantage

Given Disparate Treatment

The 4 The 4

““D”sD”s

Page 7: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Complaint Procedure PlanComplaint Procedure Plan

Sponsors are required to develop and implement a written procedure to handle any discrimination complaint that may be received.

Page 8: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

How Long Does Someone Have How Long Does Someone Have To File a Complaint?To File a Complaint?

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

Page 9: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Where Do They Send The Where Do They Send The Complaint?Complaint?

Person making complaint may choose to:

Contact USDA directly or Contact ODE CNP directly, orNotify the sponsor of their complaint Sponsors must forward all

discrimination complaints received regarding Child Nutrition to ODE within 3 working days

Page 10: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

CR Complaint CR Complaint ProcedureProcedure

1. CR Complaint Received by Sponsor

2. CR Complaint Documented In CR Complaint Log

3. Sponsor gives person making complaint a CR Complaint Form and/or Sponsor Completes CR Complaint Form with Complainant Make any reasonable accommodation for any disability ( e.g. not able to read or write)

1. If the CR Complaint Form is returned to Sponsor, Sponsor Forwards Complaint Form to ODE within 3 Working Days

Page 11: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Civil Rights Complaint Civil Rights Complaint LogLog

Log must be dated and kept for 3 years + current year, even if no complaints have

been received

Page 12: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

CR Complaint FormCR Complaint Form

CR Complaint Form readily available at all sites

Sponsor must make every attempt to help complainant. Reasonable accommodation for complainant with disability

If complainant returns CR Complaint Form to sponsor, it must be forwarded to ODE within 3 working days of receipt by sponsor

Page 13: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Nondiscrimination Statement – Nondiscrimination Statement – Long versionLong version

In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discrimination 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, toll free (866) 632-9992 (Voice). TDD users can contact USDA through local relay or the Federal Relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice users). USDA is an equal opportunity provider and employer.

Page 14: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Nondiscrimination Nondiscrimination Statement - Short Statement - Short versionversion

“This institution is an equal opportunity

provider”

Page 15: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

The Non-discrimination The Non-discrimination Statement is Needed on Public Statement is Needed on Public Information Materials Information Materials Mentioning the CACFPMentioning the CACFP

• Enrollment Forms

• Menus

• Employee Handbooks

• Newsletters

• Brochures

• Parent Handbooks

• Print or broadcast advertisements

• Flyers

• Websites

Page 16: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

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

Poster must be placed in a

prominent area where

participants and potential participants have ready

access

Page 17: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Racial and Ethnic Data CollectionRacial and Ethnic Data Collection

It is It is optionaloptional for participants to provide for participants to provide Sponsors with Racial and Ethnic Sponsors with Racial and Ethnic information.information.

However, it is a However, it is a requirementrequirement for for Sponsors to collect Racial and Ethnic Sponsors to collect Racial and Ethnic Data annuallyData annually

Page 18: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Race and Ethnic Categories Data COLLECTION:

Two-Step Format: - separate categories will be used when collecting and reporting Race and Ethnicity.

• Ethnicity will be collected first• Racial designations second

Page 19: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Racial and Ethnic Data REPORTING

• Sponsor must collect and maintain data annually.

• ODE will check Racial and Ethnic data during Administrative Reviews

•Please do not send information to ODE, unless requested!

Page 20: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Racial Ethnic Annual Data Racial Ethnic Annual Data Collection FormCollection Form

Oregon Department of Education Office of the Superintendent 255 Capitol St. NE Child Nutrition Programs Salem, OR 97310 (503) 947-5902

Racial Ethnic Annual Data Collection Form

Child and Adult Care Food Programs Sponsor Name:_______________________________________________________________ Date Form Completed:___________________________________________________________

Racial/Ethnic Data

Provide: (1) Percentage breakdown of eligible population by racial-ethnic category

for the surrounding geographical area. Available from ODE - complied census data by county or other area data.

(2) The number of participants enrolled in the CACFP.

No.

ETHNIC

Hispanic or Latino

RACIAL

Asian

Black or African

American American

Indian White

Native Hawaiian or Pacific Islander Other

1. % % % % % % %

2. # # # # # # #

Ethnic Categories

Page 21: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Ethnicity:Ethnicity:

Hispanic or Latino

Not Hispanic or Latino

Ethnic Categories:

Step One

Select One

Page 22: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

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 CIS or can be collected using a visual

identification.

Step Two

Respondents can select one or more Racial designations:

Page 23: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Summary: Civil RightsSummary: Civil Rights“Must Do List?”“Must Do List?”

Offer any Child Nutrition Program in

a Non-Discriminatory Manner Train staff annually on Civil Rights

and complete the training form. Develop & fully implement sponsor’s

CR Complaint Procedure Make available to all staff CR

complaint forms, CR Log and CR complaint procedure

Page 24: USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants

Summary: Civil RightsSummary: Civil Rights“Must Do List?”“Must Do List?”Prominently display the And

Justice for All posterNon-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 participants