Transcript Civil Rights - Killeen Independent School District

Civil Rights Training
Presented by the Texas Department of
Agriculture
Pretest
Title Change
113-1: All previous 113 series instructions
are merged into a single instruction
– Clearer explanation of roles & responsibilities
– Removes ambiguity regarding complaints of
discrimination
No longer titled
“Policy on Nondiscrimination”
Now called “Civil Rights Compliance and
Enforcement—Nutrition Programs &
Activities”
Purpose Statement
 Race, Color, National
Origin, Age, Sex, &
Disability were
removed from the
purpose statement.
 It is now an all
encompassing phrase
 “Enforcement of the
prohibition against
discrimination in all
FNS nutrition
programs and
activities, whether
Federally funded in
whole or not”
Purpose Statement continued…
“The purpose of this Instruction is to
establish and convey policy & provide
guidance & direction to the USDA F&N
Service and its recipients and customers,
and ensure compliance with and
enforcement of the prohibition against
discrimination in all FNS nutrition
programs & activities, whether federally
funded in whole or not”
Authority
 Title VI of the Civil
Rights Act of 1964
– Prohibits
discrimination based
on race, color, and
national origin
– In programs receiving
federal funding
– & implementing
USDA regulation
 7 CFR Part 15,
Subpart A and
Subpart C
Authority
 Americans with
Disabilities Act
 Title IX of the Education
Amendments of 1972
– Sex
 Section 504 of the
Rehabilitation Act of
1973
– Disability
 Age Discrimination Act
of 1975
 PRWORA and DOJ
Memorandum, 1999
 Civil Rights Restoration
Act of 1987
 Food Stamp Act of 1977,
amended
 Enforcement of Civil
Rights of 1964, national
origin discrimination
against persons w/ limited
English proficiency
 USDA Dept Reg 4330-2
 USDA Reg 7 CFR Part
16, Equal Opp for
Religious Organizations
USDA Policy
 USDA prohibits
discrimination in all
programs & activities on
the basis of race, color,
national origin, age,
disability, and where
applicable, sex, marital
status, familial status,
parental status, religion,
sexual orientation, genetic
info, political beliefs,
reprisal, or income.
USDA Policy continued…
Sexual orientation, marital or family status,
parental status, and genetic info are not
protected in FNS programs
Question?
What are the 6
FNS nutritional
assistance
programs
protected
bases?
Answer
Age
National
Color
Origin
Race
Sex
Disability
Applicability
FNS-113-1 is applicable to all programs &
activities of a recipient (state agency, local
agency or other subrecipient of Federal
financial assistance, whether those pgrms
are federally funded in whole or not
Has not changed
Definitions
 Multiple definitions were added or reworded to
provide a clearer understanding of their meaning
& application
Responsibilities
 USDA’s office of Civil
Rights
– Development,
implementation,
coordination, &
enforcement of the dept’s
civil rights
 FNS Administrator
– Implementing civil rights
pgrm that ensures
nondiscrimination
compliance in all FNS
pgrms & activities
 Regional Administrators
– Direction, leadership, &
resources to ensure
implementation of regional
civil rights compliance
pgrm
 Regional Civil Rights
Directors
– Technical & operational
asst, direction & leadership
in implementing civil
rights. Also facilitate
complaints.
Limited English Proficiency (LEP)
 State agencies, local
agencies, or other
subreceipients that
fail to provide
services to LEP
persons, applicants, or
participants, or deny
access may be
discriminating on the
basis of national
origin
LEP continued…
Primary Factors To Consider
# of proportion of LEP persons in the
eligible service population
– The greater the #, the higher the need
Frequency of contact in the pgrms
– Can do outreach
Importance of the service provided by the
pgrm
Resources available to the recipient/costs
LEP & School Districts
 Must make materials
available in the
appropriate language
– www.squaremeals.org
– www.fns.usda.gov/cnd
Equal Opportunity for
Religious Organizations
USDA identifies these organizations as
partners in providing nutrition assistance to
needy individuals
Prohibits discrimination based on
– Religion, religious beliefs, or religious
character
Districts & Religious Organizations
Districts are
encouraged to
include them in
the public release
and applicable
civil right
requirements.
Public Notification
Public Notification
 Purpose
– Inform applicants, participants, and potential
eligibles of :
Program
Availability
Complaint
Information
Nondiscrimination
Statement
Public Notification continued…
 Program Availability
– Texas requires the public announcement to be sent to
the media each school year
 Complaint Information
– Applicants & participants must be advised at the
service delivery point of their right to file a complaint,
how to file a complaint, and the complaint procedures
• Public Announcement
• Complaint Procedure
 Nondiscrimination Statement
– All information materials & sources (websites), used
by state agencies, local agencies, or subrecipients to
inform the public about the programs must contain a
nondiscrimination statement.
Nondiscrimination Statement
 “In accordance with Federal law and the U.S.
Department of Agriculture policy, this institution
does not discriminate 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, D.C.
20250-9410 or call (800) 795-3272 or (202) 7206382 (TTY). USDA is an equal opportunity
provider and employer.
Nondiscrimination Statement
Not required, but recommended on menus
Nor required to be printed on items such as
cups, buttons, magnets, and pens
– When the size is impractical
State, local, subrecipients must post the
nondiscrimination stmt in their offices and
be included in full on all materials
produced for the public
– Page 13 of FNS-113-1
USDA poster/And Justice For All
Districts must prominently display
It is currently unknown when the new And
Justice For All Posters will be distributed
by USDA.
And Justice For All Poster
Pass out copy of poster
Assurance
 Districts will operate
in compliance with all
regulations, laws,
guidelines, policies,
and instructions.
 Texas includes the
Assurance in the
original application
agreement signed by
each District.
Civil Rights Training
Civil Rights Training continued…
To be done
annually
 Topics:
– Collection & use of data
– Effective public
notification systems
– Complaint procedures
– Compliance review
techniques
– Resolution of
noncompliance
– Requirements for
reasonable
accommodations of
persons w/ disabilities
– Conflict resolution
– Customer service
Data Collection & Reporting
State & local agencies, and other
subrecipients are required to obtain data by
race & ethnic category on potential
eligibles, applicants, and participants in the
programs.
Data Collecting & Reporting
continued…
 Systems must ensure
data is:
– Collected & retained
by the service delivery
point for each pgrm
– Based on document
records & maintained
for three years
– Access restricted to
authorized personnel
 Submitted as
requested to FNS
Regional or
Headquarters Offices
Race & Ethnic Categories, Two
Question Format
1. Ethnicity: collected first
– Hispanic or Latino. Cuban, Mexican, Puerto
Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
– Not Hispanic or Latino
2. Race: Mark one or more
– American Indian or Alaskan Native. Origins
of North/South America (including Central
America & who maintain tribal affiliation)
Race & Ethnic Categories,
continued…
 Asian. Origins of the Far East, Southeast Asia, or
Indian subcontinent.
 Black or African American. Origins of Africa,
Haitian or Negro.
 Native Hawaiian or Other Pacific Islander.
Origins of Hawaii, Guam, Samoa, or other
Pacific Island.
 White. Origins of Europe, Middle East, or North
Africa.
Race & Ethnic Categories
continued…
Program applicants may not be required to
furnish race or ethnicity
– Identification must be voluntary
Visual observation will be used when the
applicant does not self-identify
Compliance Reviews
 TDA conducts
review
 Civil Rights findings
during the CRE
require a corrective
action plan that
ensures compliance
with this Instruction
Resolution of Noncompliance
Districts must submit an acceptable
corrective action plan
Failure to respond or correct the finding
may result in suspension or termination of
financial assistance.
Complaints of Discrimination
 Right To File
– Any person alleging
discrimination has the
right to file a
complaint within 180
days of the alleged
action
 Acceptance
– In Texas, written or
verbal forward to TDA
F&N
 Forms
– Complaint form in
ARM
– District may develop
their own
 Verbal Complaints
– The elements of the
complaint should be
written up by the
complainant or the
person allegations are
made against
Forms
Pass out FNS 113-1 Sample Complaint
Form
Pass out ARM Complaint Form
District/CRE Information
TDA will ask:
– Have you ever received any written or verbal
complaints alleging discrimination?
– If YES, have these complaints been reported to
the State Agency?
– What is your policy to handle a complaint of
discrimination?
District/CRE Information
continued…
 Public Release
– Letter to parents,
application form, income
guidelines
– Copy on file
 Foreign language
translations are available
 USDA poster displayed in
prominent place
 Correct nondiscrimination
stmt on pgrm materials
 Admission procedures do
not restrict enrollment by
minority persons
 Incorrectly denied F/R
applications are not
disproportionately
composed of minority
applications
 Disabled students are
provided pgrm benefits
District/CRE Information
continued…
 No separation based
by race, color, sex,
handicap, age or
national origin in:
–
–
–
–
Eating periods
Seating arrangements
Serving lines
Eating areas
Exercise
I need 6 volunteers
District/CRE Information
All
discrimination
complaints
written or verbal
must be reported
to TDA F&N
division
Procedures for Processing Civil
Rights Complaints
State Agency will
– Accept & acknowledge the compliant
– Gather facts to support or refute complaint’s
allegation (s)
– Ensure all relevant sources of info are
investigated
– Review & evaluate the facts
– Implement corrective action plan, if necessary
Procedures for Processing &
Resolving Complaints
All complaints alleging age discrimination
must be referred to the Federal Mediation
& Conciliation Service within 5 working
days after receipt
All complaints alleging discrimination in
general must be processed within 90 days
of receipt
Contact FNS Regional Office
Post-test
Questions
In The End…
Memories of our lives, of our works and
our deeds will continue in others, who
believe and act for fairness and justice
Rosa Parks
1913-2005
 “In accordance with Federal law and the U.S.
Department of Agriculture policy, this institution
does not discriminate 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, D.C.
20250-9410 or call (800) 795-3272 or (202) 7206382 (TTY). USDA is an equal opportunity
provider and employer.