Civil Rights in USDA Child Nutrition Programs Compliance

Civil Rights in USDA Child Nutrition Programs

Compliance and Enforcement • FNS Instruction 113 -1 – National School Lunch Program – School Breakfast Program – Special Milk Program – Summer Food Service Program – Child & Adult Care Food Program

What are Civil Rights? • Non political rights • 13 th and 14 th Amendments • Child Nutrition Programs – Equal Opportunity

What is Discrimination? • Act of distinguishing one person or group of persons – Intentionally – By neglect – By the effect of actions, or lack of actions • All participants must be treated equal – Respect and dignity

Federal Protected Classes USDA Protected Classes for Child Nutrition Programs • Race • Color • National Origin • Sex • Age • Disability

Iowa Protected Classes • Adds four additional classes: – Sexual orientation – Gender identity – Religion – Creed • Iowa Child Nutrition Programs – Adopt both Federal and State

Public Notification • • • Program Availability and Information Provide translated materials as needed Program Rights and Responsibilities Policy of Nondiscrimination How to file a complaint Must display “And Justice for All” Poster

Federal Non-Discrimination Statement • • Parent Notification Letters Enrollment Forms Employee Handbooks Newsletters Brochures Print or Broadcast Ads Flyers Websites In accordance with Federal civil rights law and U. S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e. g. Braille, large print, audiotape, American Sign Language, etc. ), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877 -8339. Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http: //www. ascr. usda. gov/complaint_filing_cust. html , and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 6329992. Submit your completed form or letter to USDA by: (1) mail: U. S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D. C. 20250 -9410; (2) fax: (202) 690 -7442; or (3) email: program. intake@usda. gov. This institution is an equal opportunity provider

“This institution is an equal opportunity provider”.

Convey Equal Opportunity

Racial and Ethnic Data • Establish a system to collect data on an annual basis • Kept on file for 3 years plus the current year • How effective program is at reaching eligible children

Limited English Proficiency (LEP) • Reasonable steps to ensure meaningful access to program – Translated meal applications – Availability of an interpreter

Diet Modification • The Diet Modification form/statement signed by a medical authority • Modifications for non-disabled participants is permitted, but not required

Individuals with Physical Disabilities • Accessibility to the cafeteria and meal choices

Complaints of Discrimination • USDA Protected Classes – Race – Color – National Origin – Age – Sex, or – Disability • Iowa Protected Classes – Creed – Religion – Sexual Orientation – Gender Identification

Noncompliance • Factual finding that any civil rights requirement is not being adhered to • There are no minor or major categories

Examples of Noncompliance • Denying an individual the opportunity to apply for program benefits or services • Providing program services or benefits in a dissimilar manner • Selecting sites or facilities in a manner that denies an individual access

Procedures for Complaints 1. Complaint filed directly with USDA 2. Complaint filed with Institution or State Agency All known complaints must also be forwarded to the Iowa Department of Education/Bureau of Nutrition and Health Services.

Collect Information • Name, address, and phone number • Location and name of LEA delivering service • Nature of the incident or action • Basis on which discrimination exits • Date during which the actions occurred • Names, phone numbers of persons who may have knowledge of the action

Timeline for Federal Complaints • May be written or Must be verbal filed within • May be anonymous 180 days Collect • Use complaint form information

Resolution of Noncompliance • Corrective action must be taken immediately to achieve voluntary compliance within 60 days • If voluntary compliance is not achieved, the Regional Office will be involved 22

Customer Service • Participants must be treated in the same manner • Same menu items in the same amounts • All are included in meals, snacks, activities, etc. • Positive comments, as well as constructive education • Standards of behavior are not based on membership in a protected class

Conflict Resolution • Listen to the person • Open ended questions • Validate the person’s concern • Empower, Emphasize, and Educate

Summary • Do not deter people from receiving benefits of government programs • Provide equal treatment • To ensure all applicants understand their rights and responsibilities • To show respect and dignity for all

Questions to Consider • Am I treating this person in the same manner I treat others? • Have I informed this person exactly what information I need to make a determination on the application? • Have I given this person the opportunity to ask questions? • Have I provided the person with the information needed to make necessary decisions?

Thank you! References: • Iowa Department of Education • Kansas State Department of Education – Child Nutrition and Wellness

Federal Civil Rights Statement In accordance with Federal civil rights law and U. S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e. g. Braille, large print, audiotape, American Sign Language, etc. ), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877 -8339. Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http: //www. ascr. usda. gov/complaint_filing_cust. html , and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632 -9992. Submit your completed form or letter to USDA by: (1) mail: U. S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D. C. 20250 -9410; (2) fax: (202) 690 -7442; or (3) email: program. intake@usda. gov. This institution is an equal opportunity provider. Iowa Civil Rights Statement It is the policy of this CNP provider not to discriminate on the basis of race, creed, color, sexual orientation, gender identity, national origin, disability, age, or religion in its programs, activities, or employment practices as required by the Iowa Code section 216. 6, 216. 7, and 216. 9. If you have questions or grievances related to compliance with this policy by this CNP Provider, please contact the Iowa Civil Rights Commission, Grimes State Office building, 400 E. 14 th St. Des Moines, IA 50319 -1004; phone number 515 -281 -4121, 800 -457 -4416; website: https: //icrc. iowa. gov/