Transcript USDA Civil Rights Requirements

USDA CIVIL RIGHTS AND
CHILD NUTRITION
PROGRAMS
Jennie Lusk
[email protected]
With thanks to
[email protected]
Brustein & Manasevit, PLLC
INTRODUCTION
Civil Rights Regulations are intended to assure that benefits of Child
Nutrition Programs are made available to all eligible people in a
non-discriminatory manner.
All sponsors receiving Federal $$ must implement Civil Rights
requirements to be eligible for the program.
Civil Rights regulations prohibit discrimination, defined as different
treatment which makes a distinction of one person or a group of
persons from others; either intentionally, by neglect or by the
actions or lack of actions based on the protected classes.
CIVIL RIGHTS LEGISLATION
• Title VI of Civil Rights Act of 1964
• Americans with Disabilities Act (ADA)
• Section 504 of the Rehabilitation Act of 1973
• Title IX of Education Amendments of 1972
• Age Discrimination Act of 1975
• USDA Regulation 7 CFR Part 16 (religious access)
• FNS Instruction 113-1
PROTECTED CLASSES
Race
Color
National origin
Age
Sex
Disability
NSLP REQUIREMENTS FOR SFAS FOR
PURPOSES OF CIVIL RIGHTS
7 CFR§210.15 Reporting and recordkeeping.
Reporting summary. . . . (6) Information on civil rights complaints, if any, and their
resolution FNS INSTRUCTION 113-1
COLLECTING AND REPORTING
PARTICIPATION DATA
SFAs are required to keep records that include civil rights complaints. 7
CFR§210.15: Reporting and recordkeeping.--Reporting summary. . . .
(6) Information on civil rights complaints, if any, and their resolution
•
Also, they must maintain a data system that collects racial and ethnic
makeup data
• Potentially eligible persons
• Program applicants
• Participants (number of students, by racial / ethnic categories, that
have been approved OR denied)
•
Collect data each year
•
Maintain on file for five years
RACE AND ETHNIC CATEGORIES
TWO QUESTION FORMAT
Ethnicity:
 Hispanic or Latino
 Not Hispanic or Latino
Race: (Select one or more)
- American Indian or Alaskan Native
- Asian
- Black or African American
- Native Hawaiian or Other Pacific Islander
- White
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PUBLIC NOTIFICATION
All FNS assistance programs must include a public
notification system.
The purpose of this system is to inform applicants,
participants, and potentially eligible persons of:
 Program availability,
 Program rights and responsibilities,
 Policy of nondiscrimination, and
 Procedure for filing a complaint.
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THIS MEANS YOU MUST
(1) Let students know their rights
(2) Let students know how to file a discrimination
complaint
(3) Post the nondiscrimination statement and the
“And Justice for All” poster
Keep these in your serving area so students & staff can
see them
NONDISCRIMINATION STATEMENT
Post the full nondiscrimination statement below:
“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, religion, political beliefs, or
disability.
To file a complaint of discrimination, write USDA, Director, Office of
Civil Rights, 1400 Independence Avenue, S. W., Washington, D. C.
20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382
(TTY).
USDA is an equal opportunity provider and employer.”
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NONDISCRIMINATION STATEMENT (CON’T)
If material is too small to permit full statement, the
material will at a minimum include the statement, in
print size no smaller than the text, that:
“This institution is an equal opportunity provider.”
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“AND JUSTICE FOR ALL”
Poster must be placed in
a prominent area such
as a visible, high-traffic
area
COMPLAINT PROCEDURES
Any person alleging discrimination based on race,
color, national origin, sex, age or disability has a
right to file a complaint within 180 days of the
alleged discriminatory action.
Verbal
In Writing
Observed
COMPLAINT PROCEDURES
Sponsors are required to develop and implement a written
procedure to handle any discrimination complaint that may be
received.
• Right to file
• How to file
• Investigation
• Decision
WHERE ARE COMPLAINTS FILED?
Complainants may choose to directly contact USDA with
their complaint, or they may notify the sponsor of their
complaint. The sponsor must promptly forward all
discrimination complaints received regarding Child
Nutrition to New Mexico Student Nutrition Bureau.
INVESTIGATION PROCESS
(1) Contact with the complainant or authorized
representative to review his/her case file;
(2) Review of a representative sample of case files
of similarly situated program
participants/applicants;
(3) Contact with the state or local agency for a
response to the allegations set forth in the
complaint.
HOW TO HANDLE A COMPLAINT
• Use the Complaint Form
• Enter the Complaint on the Log
• Refer the complaint to the Civil Rights
official in the school district or facility
• Report the complaint to the Student
Nutrition Bureau-c/o Mike Chavez
ACCOMMODATION OF PERSONS WITH
DISABILITIES
‘Child with a disability’ defined as having a physical or mental
impairment that substantially limits one or more major life
activities. Also includes children recognized as having a
disability under IDEA.
Substitutions for children with disabilities must be supported
by written statement from a physician attesting to the need
for substitution and recommending alternate foods.
Assistance with feeding is LEA responsibility (not food service
department).
SUBSTITUTIONS FOR MEDICAL OR SPECIAL
DIETARY REASONS
Case-by-case basis.
Supported by a statement signed by a recognized medical
authority:
• Doctors, osteopathic doctors, physician assistants, nurse
practitioners, registered dietitians, licensed nutritionists
LIMITED ENGLISH PROFICIENCY ACCESS
Must take “reasonable steps” to ensure meaningful access to their
programs and activities by persons with Limited English Proficiency
•
Number and proportion of LEP persons served or encountered in eligible
population
 The greater the number, the higher the need
•
Frequency with which LEP individuals come in contact with program
•
Nature and importance of program, activity, or service
 Will denial of service cause a serious or life-threatening implication
for potential participants?
•
Resources available to the recipient and costs
 Accessibility of a translator for applications, etc.
 Availability of materials in various languages
COMPLIANCE REVIEWS
• A Civil Rights compliance worksheet should be completed every
year for each school in the LEA. Please retain in your files; do not
forward a copy to the SNB.
• An LEA’s compliance with Civil Rights regulations and other
program regulations will be verified during on-site administrative
monitoring reviews.
• Staff must be trained annually on Civil Rights.
CUSTOMER SERVICE
There must not be any discrimination against children receiving free or reduced
price meal benefits.
•
The names of children must not be published, posted or announced in any
manner.
•
The children must not be required to work for their meals.
•
The children must not be required to use a separate dining room, separate
serving line, entrance or separate serving time.
•
The children must not be offered a different meal.
•
There must not be any overt identification of any of the children by use of
special tokens or tickets. The LEA must use the collection procedure(s)
approved as part of the free and reduced price meal policy statement.
•
There must not be any discrimination on the basis of race, color, national
origin, age, sex, or disability in the application approval process or in the
selection of applications for verification.
QUESTIONS?
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This presentation is intended solely to provide general information and does not
constitute legal advice or a legal service. This presentation does not create a
client-lawyer relationship with the Public Education Department, or with Brustein
& Manasevit. You should not take any action based upon any information in this
presentation without first consulting legal counsel familiar with your particular
circumstances.
Contact information:
Jennie Lusk, Asst.General Counsel, PED
300 Don Gaspar, Santa Fe NM 87501
[email protected]