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FNS Instruction 113-1. Civil Rights Training for Food Stamp Programs and Activities. Establish and conveys policy. Ensures compliance with and enforcement of the prohibition against discrimination in all FNS programs and activities, whether federally funded in whole or not. Purpose.
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FNS Instruction 113-1 Civil Rights Training for Food Stamp Programs and Activities ODJFS - BCR July 2008
Establish and conveys policy Ensures compliance with and enforcement of the prohibition against discrimination in all FNS programs and activities, whether federally funded in whole or not Purpose ODJFS - BCR July 2008
FNS 113-1 Changes • Certain procedures related to recent regulatory changes • Updates Data Collection Procedures • Adds Equal Opportunity for Religious Organizations • Revises Complaint Handling Procedures • Makes the FNS-113-1 a Single Reference for Civil Rights Compliance and Enforcement ODJFS - BCR July 2008
3 New Sections in FNS113-1 • Limited English Proficiency (LEP) • Equal Opportunity for Religious Organizations • Appendices ODJFS - BCR July 2008
Title VI of the Civil Rights Act 1964 American with Disability Act Title IX of the Education Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Age Discrimination Act of 1975 The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Food Stamp Act of 1977 Executive Order 13166 USDA Departmental Regulation 4330-2 7CFR Part 16, Equal Opportunity for Religious Organizations Authority ODJFS - BCR July 2008
Protected Classes for FNS Programs • Race • Color • National Origin • Sex • Age • Disability • Religious Creed and • Political Beliefs ODJFS - BCR July 2008
Collection and use of racial/ethnic data The development of an effective public notification system A plan for equal access Reasonable accommodation of persons with disabilities. Requirements for language assistance Plan for conflict resolution which includes the development of a complaint procedure Food Stamp ProgramResponsibilities FNS 113-1 ODJFS - BCR July 2008
7 Categories • Training • LEP • Religious Organizations • Public Notification and Assurances • Data collection • Complaints • Compliance reviews and Resolution of Non-Compliance ODJFS - BCR July 2008
Civil Rights Training ODJFS - BCR July 2008
Limited English Proficiency (LEP) • An LEP individual is a person who is unable to speak, read, write or understand the English language at a level that permits him or her to interact effectively with health and social services agencies and providers. ODJFS - BCR July 2008
Equal Opportunity for Religious Organizations • Ensures a level playing field for the participation of faith based organizations and other community organizations in USDA programs. ODJFS - BCR July 2008
Public Notification • Program rights and responsibilities • Nondiscrimination policy • Procedures for filing a complaint ODJFS - BCR July 2008
Methods of Public Notification • Prominently display the “And Justice for All” poster. • Inform potentially eligibly person, applicants, participants and grassroots organizations of programs or changes in programs. • Provide appropriate information in alternative formats for person with disabilities. • Include the required nondiscrimination statement on all appropriate FNS and agency publications, websites posters and information materials. • Convey the message of equal opportunity in all photos and other graphics that are used to provide or program-related information. ODJFS - BCR July 2008
Nondiscrimination Statement 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 or discrimination write USDA, Director, Office of Civil Rights 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY) and USDA is an equal opportunity provider and employer ODJFS - BCR July 2008
Data Collection and Reporting • State agencies, local agencies, and other sub-recipients are required to obtain data by race and ethnic category on potentially eligible populations, applicants and participants in their program service area. ODJFS - BCR July 2008
Collection of Data • ODJFS collects racial and ethnic participation for statistical reasons. • USDA mandates the collection of racial and ethnic participation data. • Racial/ethnic data is required for each applicant/participant at the time of application/certification ODJFS - BCR July 2008
Race & Ethnic Categories Two Question Format Ethnicity: • Hispanic or Latino • Not Hispanic or Latino Race • American Indian or Alaskan Native • Asian • Black or African American • Native Hawaiian or Other Pacific Islander • White ODJFS - BCR July 2008
Racial/Ethnic Categories • American Indian or Alaskan Native • Asian • Black or African American • Native Hawaiian or Other Pacific Islander • Hispanic or Latino • White ODJFS - BCR July 2008
Complaint Procedures • Rights and Responsibilities • Bureau of Civil Rights • ODJFS Complaint Processing System ODJFS - BCR July 2008
Compliance Reviews & Resolution of Non-Compliance • USDA FNS Region review state agencies • State agencies review local/county agencies • Local agencies review their sub-recipients • State agency must report significant findings to the reviewed entity and FNS ODJFS - BCR July 2008
Noncompliance • 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 are reported. ODJFS - BCR July 2008
QUIZ ODJFS - BCR July 2008
Questions ODJFS - BCR July 2008