Transcript FNS Instruction 113-1

Civil Rights in School
Nutrition Programs
Training for Your Local Staff
Members
Civil Rights Compliance and
Enforcement


USDA 7 CFR Parts 210, 215, 220, 225 and 226.
FNS 113-1
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Iowa Code sections 216.7 and 216.9.
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Purpose and Authority

Purpose
 Ensures
compliance with and enforcement of
the prohibition against discrimination in all
nutrition programs
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Requirements
1.
2.
3.
Provide public notification
Collect & report racial & ethnic data
Provide reasonable accommodations
Limited English Persons
2. Disabilities
1.
4.
5.
6.
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Handle civil rights complaints according
to prescribed procedures
Conduct annual civil rights training
Conduct compliance reviews, as
applicable
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Policy

USDA (Federal) Protected Classes for
Child Nutrition Programs
Race
 Color
 National Origin
 Age
 Sex
 Disability

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Iowa Protected Classes
Adds protections for persons with regard
to issues related to creed, sexual
orientation, gender identity, or religion.
 Adopts all other Federal protected classes
except for age discrimination.
 All Federal Child Nutrition Programs
operating in the state of Iowa must adopt
both Federal and State protected classes.

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PUBLIC NOTIFICATION

Inform applicants, participants,
and potentially eligible
persons of:
Program availability
2. Program rights and responsibilities
3. Procedure for filing a complaint
4. Policy of nondiscrimination
1.
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PUBLIC NOTIFICATION

All informational materials and sources
to inform the public about CNPs, must
use the following nondiscrimination
statement. This includes:
all materials for public information, education
or distribution (handbooks, letters)
 Web sites
 Not required on items such as pens or
buttons which identify the program when size
makes it impractical

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PUBLIC NOTIFICATION
“In accordance with Federal law and U.S. Department of
Agriculture policy, this institution is prohibited from
discriminating on the basis of race, color, national
origin, sex, age or disability.
To file a complaint of discrimination, write USDA,
Director, Office of Adjudication,1400 Independence
Avenue, SW, Washington, D.C. 20250-9410 or call toll
free (866) 632-9992 (Voice). Individuals who are
hearing impaired 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.”
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Iowa Notification Statement

“It is the policy of (name of CNP provider) not to
discriminate on the basis of race, creed, color, sex,
sexual orientation, gender identity, national origin,
disability, or religion in its programs, activities, or
employment practices as required by the Iowa Code
section 216.7 and 216.9. If you have questions or
grievances related to compliance with this policy by
(name of CNP Provider), please contact the Iowa Civil
Rights Commission, Grimes State Office Building, 400 E.
14th Street, Des Moines, IA 50319-1004; phone number
515-281-4121, 800-457-4416; web site:
http://www.state.ia.us/government/crc/index.html.”
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PUBLIC NOTIFICATION

If the material is too small to permit the full
statement to be included, the material will
at a minimum include
 “This
institution is an equal opportunity
provider.”


Also allowed for Internet, radio and TV public
service announcements.
Print size for either statement shall be no
smaller than the text in the material.
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PUBLIC NOTIFICATION

Methods of Public Notification
 Must
prominently display the “And Justice for
All” poster or an FNS approved substitute.
 Provide appropriate information in alternative
formats for persons with disabilities.
 Convey the message of equal opportunity in all
photos and other graphics that are used to
provide program or program-related information.
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PUBLIC NOTIFICATION

Inform applicants, potentially eligible
persons, participants and grassroots
organizations of program or changes in the
program.
 Includes
information pertaining to:
Eligibility
 Benefits
 Services
 Location of local facilities or service delivery points
 Hours of service

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PUBLIC NOTIFICATION

Communicate using methods such as:
 Internet
and computer based applications
 Newspaper
 Radio/television
 Letters/leaflets/brochures
 Bulletins
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Poster source
http://www.fns.usda.
gov/cr/justice.htm
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CIVIL RIGHTS TRAINING
 LEAs
are responsible for
annually training their front
line staff and supervisors
who interact with applicants
or participants.
 Training must be
documented.
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CIVIL RIGHTS TRAINING
Specific subject matter required to be
included in training, but not limited to:
 Collection and use of data;
 Effective public notification systems,
 Complaint procedures,
 Compliance review techniques,
 Resolution of noncompliance,
 Requirements for reasonable accommodation
of persons with disabilities,
 Requirements for language assistance,
 Conflict resolution, and
 Customer service.
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Collecting and Reporting
Participant Data
 Self-identification
or self-reporting is the
preferred method of obtaining data.
Program applicants may not be required to furnish
ethnicity and race.
 Iowa Eligibility Application requests information

 Visual
observation shall be used when the
applicant does not self-identify.
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The applicant should be informed that a visual
identification of his/her ethnicity and race will be made
and recorded.
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Collecting and Reporting
Participant Data
Two Question Format must be used for
Ethnic and Racial Categories
 Ethnicity: is to be asked first
 Hispanic or Latino
 Not Hispanic or Latino
 Race (Instructions should specify “mark one or more”)
 American Indian or Alaskan Native
 Asian
 Black or African American
 Native Hawaiian or Other Pacific Islander
 White
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Collecting and Reporting
Participation Data
 Self-identification
or self-reporting is the
preferred method of obtaining data.
 Visual observation shall be used when the
applicant does not self-identify
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Data collector may not second guess or change or
challenge a self declaration unless such declarations
are patently false.
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Collecting and Reporting
Participant Data

Systems must ensure that data
collected/retained are:
 Collected
and retained by the service delivery
point for each program
 Based on documented records and maintained
for 3 years
 Maintained under safeguards that restrict
access to only authorized personnel
 Submitted, as requested, to the FNS Regional
or Headquarters Offices.
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COMPLIANCE REVIEWS

Examines activities to determine adherence
with civil rights requirements
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RESOLUTION OF
NONCOMPLIANCE
Definition of “Noncompliance”
A factual finding that any civil rights
requirement, as provided by law, regulation,
policy, instruction, or guidelines, is not being
adhered to.
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RESOLUTION OF
NONCOMPLIANCE
 What
are some examples of
noncompliance?
Denying an individual or household the opportunity to
apply for FNS program benefits or services on the
basis of a protected class.
 Providing FNS program services or benefits in a
dissimilar manner on the basis of a protected class
(except as a disability accommodation).
 Selecting FNS program sites or facilities in a manner
that denies an individual access to FNS program
benefits, assistance, or services on the basis of a
protected class.

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RESOLUTION OF NONCOMPLIANCE
If non-compliance is indicated, 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.

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COMPLAINTS OF
DISCRIMINATION
Recognizing a Civil Rights Complaint
 Allegation may be based on Race, Color,
National Origin, Age, Sex, or Disability
under USDA rules.
 Allegations in Iowa may also be based on
Creed, Religion, Sexual Orientation, or
Gender Identification.
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COMPLAINTS OF DISCRIMINATION

Complaint must be filed within 180 days
(timeframes must be adhered to)

Complaints may be written or verbal as well
as anonymous;
 Make
effort to obtain:
Name, address, and phone number of complainant
 Location and name of the LEA delivering the service
 Nature of the incident or action
 Basis on which the complainant believes discrimination
exists (which protected class)
(continued on next slide)
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COMPLAINTS OF DISCRIMINATION
 Names,
phone numbers, titles and business
or personal addresses of persons who may
have knowledge of the action.
 Date during which the alleged actions
occurred or duration of occurrences.
Forward complaint to the State Agency.
Complaint forms are available as links in
the civil rights training manual.
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Sections Added To Civil Rights
(November 2005)

Limited English Proficiency (LEP)
 Reasonable
steps must be taken to ensure
meaningful access to the information and
services provided for persons with limited
English proficiency.
 LEP is defined as: Individuals who do not
speak English as their primary language and
who have a limited ability to read, speak, write,
or understand English.
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Sections Added To Civil Rights
(November 2005)

Reasonable Steps are contingent on:
 Number
or proportion of LEP persons served or
encountered in the eligible population
 Frequency with which LEP individuals come in
contact with the program
 Nature and importance of the program, activity
or service provided by the program
 Resources available to the recipient and costs
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Sections Added To Civil Rights
Resource factors to consider in
serving LEP:
 Accessibility
of a translator
 Availability of materials in various
languages
Language line phone service may be available for a
subscription fee through your local telephone service
provider
 Translated applications on USDA web site

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Assistance For Hearing Impaired

Hearing impaired individuals can find
available assistance by going to:
 www.relayiowa.com/
for relay services
 www.iowastaterid.org/ for sign language
interpretation
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Sections Added To Civil Rights

Equal Opportunity for Religious
Organizations
 CNPs
encourages the participation of
religious organizations on an equal footing
with other kinds of local organizations and
avoids barriers that would make their
participation difficult.
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Sections Added To Civil Rights
Equal Opportunity for Religious Organizations

This is accomplished by:
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Prohibiting discrimination on the basis of religion,
religious belief, or religious character in the
administration of Federal funds

Allowing a religious organization that participates in
USDA programs to retain its independence and
continue to carry out its mission.
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Sections Added To Civil Rights

USDA funds cannot support any inherently religious
activities such as worship, religious instruction, or
proselytization.

Faith-based organizations can use space in their
facilities to provide USDA-funded service without
removing religious art, icons, scriptures, or other religious
symbols.

No organization that receives direct financial assistance
from the USDA can discriminate against a program
beneficiary, on the basis of religion or religious belief.
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Customer Service

All participants must be treated in the same
manner
 Each
person receives the same menu items in
the same amounts
 All persons are included in meals, snacks,
activities, and discussions
 Each person receives positive comments, as
well as constructive education regarding meal
time, nutrition, manners, etc.
 Standards of behavior are not based on
membership in a protected class
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FOOD FOR THOUGHT

In order to reduce the risk of a civil rights discrimination
complaint, ask yourself the following questions each time an
applicant and/or participant comes to your program for
services:

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?
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Have I given this person the opportunity to ask questions?

Have I provided the person with the information he or she
needs to make necessary decisions?
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Questions???
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Contacts
Patti Harding, 515-281-4754,
[email protected]
 Assigned NSLP consultants
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