MODULE FOUR

1. MODULE FOUR Civil Rights School and Community Nutrition 2013

2. CivilRights http://www.fns.usda.gov/cr/Documents/113-1.pdf • CFR 225.7(g) • FNS Instruction 113-1 • Administrative Guidance for Sponsors • Admin. Guide p. 76

3. Current Nondiscrimination Statement-IMPORTANT! 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.

4. What is Discrimination? The act of distinguishing one person or group of persons from others, either intentionally, by neglect, or by the effect of actions or lack of actions based on their protected classes.

5. 6 Protected Classes • Race • Color • Sex • Age • National Origin • Disability

6. 6 Areas of Civil Rights Compliance • Public Notification System • Civil Rights Complaints • Data Collection • Training • Compliance Reviews • Assurances

7. Public Notification System • Display in a prominent place the “And Justice For All” poster. • At the site – this should be where the children can view it. • It must also be displayed in the sponsor’s office. • Posters must be actual size.

8. Public Notification System All sponsors must have the capability of providing informational materials in the appropriate translation concerning the availability and nutritional benefits of the SFSP. http://www.fns.usda.gov/cnd/summer/library/outreach.html

9. Public Notification System The non-discrimination statement should be included, in full, on all materials regarding the SFSP that are produced for public notification (i.e., news release). (866) 632-9992 (Voice) (800) 877-8339 (Federal Relay Service) (800) 845-6136 (Spanish)

10. Public Notification System At a minimum, the nondiscrimination statement, or a link to it, must be included on the home page of program information.

11. Public Notification System Participants must be advised of their rights and the complaint procedures including how to file a complaint.

12. Complaints may be written or verbal. Contact information of the complainant. Sponsor & site information. Nature of incident or action that led the complainant to feel discrimination was a factor. Handling Complaints

13. If you receive a Civil Rights complaint, contact SCN immediately. A complainant has 180 days from the time of the incident to submit a complaint. 90 days is the maximum time to process a complaint. Handling Complaints

14. Complaints • SFA’s have a civil rights grievance procedure approved in their Free and Reduced Price Policy Statement for NSLP. This must be utilized in the SFSP as well. • All other sponsors should use the prototype SCN grievance form to take complaints. • The grievance form should be available at all sites during the program operations.

15. Ethnic/Racial Data All sponsors must provide information on the participants in their programs. • In the Sponsor Application • Formal observation during site visit or review utilizing the USDA Ethnic/Racial form

16. Data Collection and Maintenance Ethnic and Racial Data Form - Each sponsor is required to collect ethnic and racial data for each site. The sponsor must maintain this documentation. Remember – this is a two part question. First, collect info by ethnicity, and then (second), collect info by race. Form can be found in the Administrative Guide – Attachment 21

17. Ethnic/Racial Form The USDA Ethnic/Racial form is used to demonstrate that sponsors are providing access to all in their meal services • Must be completed on all sites that operate • Must be filled out completely in order to meet the requirement • Must be kept on file for 3 years

18. Ethnicity The ethnicity of the children participating in the meal service must be categorized as either a) Hispanic or Latino or b) Not Hispanic or Latino The total number of these 2 categories should equal the number of children served meals that day. # Hispanic/Latino + # Not Hispanic or Latino = total # of children

19. Race The race (as best as can be determined through casual observation) must be determined for all children who participate in the meal service. Racial categories include: a) American Indian or Alaskan Native; b) White c) Black or African American; d) Asian Individuals may be identified as having more than one race. As a result the total number for this section should be at least equal to the number of children participating in the meal service but may be higher than that total (Never Less). # in Race Data = or > total # of children

20. Civil Rights Training All staff should receive training on all aspects of civil rights compliance on an annual basis. • Collection and use of data • Effective public notification systems • Complaint procedures • Compliance review techniques • Resolutions of noncompliance • Requirements for reasonable accommodation of persons with disabilities • Requirements for language assistance • Conflict resolution • Customer service

21. Compliance Reviews • Pre-award Compliance Reviews • Desk reviews – completed when submitting the SFSP Sponsor application • Routine Compliance Reviews • Site Reviews/Admin Reviews – completed when SCN staff review sites and/or conduct administrative reviews • Special Compliance Reviews • “For Cause” – conducted by Office of Civil Rights

22. Questions?