Civil Rights Compliance for Child Nutrition Programs Course
- Slides: 45
Civil Rights Compliance for Child Nutrition Programs Course CIVIL RIGHTS COMPLIANCE FOR CHILD NUTRITION PROGRAMS THIS INSTITUTION IS AN EQUAL OPPORTUNITY PROVIDER.
What Are Civil Rights? Fair and Equitable Treatment
What is Discrimination? Discrimination is treatment which makes a distinction of one person, or a group of persons, from others It may occur intentionally or by lack of actions based on a protected class Protected classes in nutrition programs include: Race, color, national origin, age, sex and disability
What are the Laws? Title VI – Civil Rights Act of 1964 Title IX of the Education Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Americans with Disabilities Act Age Discrimination Act of 1975 Civil Rights Restoration Act of 1987 FNS Instruction 113 -1
What are the Laws? 7 CFR Parts 15, 15 a, 15 b and 15 c FNS 113 -1 and its Appendices Executive Order 12250 (Disability) Executive Order 13166 - (LEP) 28 CFR 41 (Government-wide 504 Regulation) USDA Departmental Regulation 4330 -2 And many more… https: //www. fns. usda. gov/cr/civil-rights-laws-regulations
What do the Laws Require? Equal treatment for everyone Equal access to all programs and activities Elimination of barriers that prevent or deter people from receiving benefits Dignity and respect for all Ensure that discrimination, prejudice and stereotyping do not exist Knowledge of both rights and responsibilities
How does it Work? Like Well Oiled Gears Policy Communication Enforcement
Policy Civil Rights Policy
How does it Work? Who is Responsible for Civil Rights Compliance? USDA State Agency Local Agencies Frontline Staff
Compliance Reviews There are 3 types of compliance reviews: 1 • Pre-Award Compliance Review 2 • Routine (Post-Award) Compliance Review 3 • Special Compliance Review
Compliance Reviews • USDA is responsible for reviewing all State Agencies, local agencies, or other sub recipients to ensure they are administering FNS programs in compliance with Civil Rights requirements USDA/State Agency Sub Recipients Local Sites • Any significant findings must be provided in writing to the reviewed entity and to the USDA.
Pre-Award Compliance Reviews • State agencies, sub recipient agencies, and local sites must be in compliance with Civil Rights requirements prior to approval for Federal financial assistance.
Routine (Post-Award) Compliance Review • State and local agencies and sub recipients that administer or participate in an FNS program must conduct routine, or post-award, compliance reviews • These reviews ensure compliance with Civil Rights law, regulations, policies, instructions and guidance.
Special Compliance Reviews • Special Compliance reviews are conducted by the USDA when significant Civil Rights concerns are identified. • To learn more about Special Compliance reviews, please review FNS Instruction 113 -1
Resolution of Noncompliance • Routine or special reviews, or an investigation, may result in a finding of noncompliance. • Noncompliance is a factual finding that any Civil Rights requirement, as provided by law, regulation, policy, instruction, or guidelines, is not being adhered to by a State agency, local agency, or other sub recipient.
Resolution of Noncompliance • Steps must be immediately taken to obtain voluntary compliance. • The effective date of the finding is the date of notice to the State agency, local agency, or other sub recipient. • FNS Instruction 113 -1 NOTICE
Civil Rights Communication
Communication – Publications Eligibility Communication Program Changes Benefits and Services Communication is mandated in several areas: A public release is required to inform of CNP participation Communications should be available in alternate forms Nondiscrimination Policy Program Availability Filing Complaint Procedures Rights and Responsibilities Include the nondiscrimination statement on Child Nutrition Program materials
Communication- Nondiscrimination Statement
Communication- Nondiscrimination Statement • All informational materials and sources, including web sites, used by USDA, State Agencies, Local Agencies, or other Sub Recipients must contain the nondiscrimination statement • It is not required to be on every page • At minimum, the nondiscrimination statement, or a link to it, must be included on the homepage • Include it in full on materials that are produced for public information, public education, or public distribution • Cannot be modified
Communication- Nondiscrimination Statement If material is too small for full NDS statement, the short version may be used : “This institution is an equal opportunity provider. ” Note: the nondiscrimination statement does not have to be present on materials when the size or configuration make it impossible Contact your State Agency if you have questions on which version of the Nondiscrimination Statement to use
Communication – Posters “And Justice for All” posters should be prominently displayed in offices, schools, and other sites that administer USDA assisted programs, with an exception of family day care homes. The poster includes the USDA statement on non-discrimination and contains contact information for filing a complaint with the USDA.
Communication – Training The purpose of training is to inform staff of their rights and responsibilities. Retain training records for 3 years plus current year.
Communication – Training Objectives: Be able to identify a civil rights complaint. Know what to do if a complaint is received. Understand the basic rights of each person. Handling a Complaint
Enforcement Civil Rights Enforcement
Enforcement – Reporting Ethnic and racial data must be reported back to USDA Data collected must include all potential eligible participants • Assess program effectiveness • Identify areas where additional outreach may be needed • Perform annual compliance review
Enforcement – Complaints Rights to file How to file Investigation Determining decisions Implementing resolutions Assurance of confidentiality and nonretaliation
Enforcement – Complaints Complaint Filed Complaint Logged by District Official Who: Contact Info of Complainant What: Description of Incident(s) When: Date of Incident Where: Location(s) of Occurrence Who Else: Possible Witnesses Complaint Investigated by USDA
Enforcement – Complaints Everyone is Responsible to: ü Treat everyone equally and with good manners ü Take issues/complaints seriously ü Report any issues ü Listen
Enforcement – Complaints Everyone is Responsible to: ü Treat everyone Your is to start the equally and responsibility with goodreporting manners process, not to determine ü Take whether the complaint is valid. issues/complaints seriously ü Report any issues ü Listen
Enforcement – Complaints Conflict Resolution • Stay Calm • Communicate clearly • Listen carefully Check to see what your site’s individuals policies are when dealing with conflicts
How Civil Rights Works in Practice
How This Works in Practice Crucial for Civil Rights Protection 1 English 2 Spanish 3 Mandarin 4 French
How This Works in Practice – Equal Access to Meal Service Students must be provided equal opportunity to participate in meal programs The last student in line should have the same choices as the first student in line Listen and make sure all stakeholders’ needs are being met
How This Works in Practice – Medically Required Food Substitu New Changes! USDA has recently updated guidance on accommodating disabilities to better align with Federal law and Program regulations This affects CACFP
How This Works in Practice – Medically Required Food Substitu New Changes! Requires Sponsors to make reasonable modifications to accommodate children with disabilities.
How This Works in Practice – Medically Required Food Substitu New Changes! This includes providing special meals, at no extra charge, to children with a disability which restricts their diet. Most physical and mental impairments now constitute a disability
How This Works in Practice – Medically Required Food Substit New Changes! Medical statement from a healthcare provider with prescriptive authority is only required if requested substitution does NOT fall within the meal pattern A medical statement is not required to make substitutions within the meal pattern
Example: Medical Statement Supporting Modification to Accommodate a Food Allergy Three essential components: 1) The food to be avoided (or the allergen) 2) Brief explanation of how exposure to the food affects the child 3) Recommended substitute(s)
How This Works in Practice – Medically Required Food Subst New Changes! Non-Disability: Requested substitutions for food preferences are not required to be offered Meal accommodations do not need to mirror the meal or meal item substituted. Name Brands are not required. Meal modifications to meet food preferences must meet the meal pattern in order to be reimbursable.
How This Works in Practice – Accommodations for Persons with Disabilities Children with a documented physical or mental disability limiting activities will be reasonably accommodated. This will vary from child to child. Accommodation may include: ü Alternate access to facilities—entrances/exits, restrooms, sign language interpreters, Braille signage, service animals, etc. ü Alternative arrangements for service times and locations ü Meal modifications
How This Works in Practice – imited English Proficiency Access Everyone entitled to program benefits should be aware of those benefits ish n a Sp e ic Not French Notice Eng l Not ish ice
How This Works in Practice – Customer Service Program Access Listening Good Customer Service Language Accommodations Food Substitutions Disability Accommodations Listen to the customer and always treat them with respect
Indiana’s Civil Rights Contact Maggie Schabel Child Nutrition Specialist Indiana Department of Education Division of School & Community Nutrition 115 West Washington Street South Tower, Suite 600 Indianapolis, IN 46204 Phone: 317 -232 -2130 Toll-Free Phone: 1 -800 -537 -1142 ext. 22130 Email: mschabel@doe. in. gov Website: http: //www. doe. in. gov/nutrition/scn-civil-rights-requirements
To Order “And Justice for All” Posters are available from the Indiana Department of Education, Office of School and Community Nutrition. All sponsors & their sites MUST display the “And Justice For All” non-discrimination poster in a prominent place, except in family day care homes. Email a request to Maggie Schabel at mschabel@doe. in. gov. Please be sure to provide the sponsor name, mailing address, and quantity of posters requested.
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