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USDA Civil Rights and School Nutrition Programs

USDA Civil Rights and School Nutrition Programs. School Nutrition Program Civil Rights. Understanding Civil Rights And Civil Rights Training In 10 Easy Steps!. # 1. What is Civil Rights?. Introduction.

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USDA Civil Rights and School Nutrition Programs

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  1. USDA Civil Rights and School Nutrition Programs

  2. School Nutrition Program Civil Rights Understanding Civil RightsAnd Civil Rights TrainingIn10 Easy Steps!

  3. # 1 What is Civil Rights?

  4. Introduction Civil Rights regulations are intended to assure that benefits of School Nutrition Programs are made available to all eligible people in a non-discriminatory manner.

  5. Introduction All programs receiving Federal funds must implement Civil Rights requirements to be eligible for funds.

  6. # 2 What Is Discrimination?

  7. Discrimination …is defined as different treatment which makes a distinction of one person or a group of persons from others; either intentionally, by neglector by the actions or lack of actionsbased on the protected classes.

  8. Protected Classes • Race • Color • National origin • Age • Sex • Disability

  9. # 3 How Do You Recognize A Civil Rights Complaint?

  10. Recognizing a Civil Rights Complaint • A Complaint of unequal treatment can be: • Verbal • In Writing • Observed

  11. Civil Rights Complaint A potential Civil Rights complaint may start with a phone call, letter, email, fax or any form of communication

  12. Civil Rights Complaint Someone may feel they or someone they know, has received unequal treatment in the operation of a School Nutrition Program -food service -program administration -employment

  13. The 4 “D”s Discrimination is: • Delayed receiving benefits or services that others receive • Denied benefits or services that others receive

  14. The 4 “D”s Discrimination is: • Treated Differently than others to their disadvantage • Given Disparate treatment, something which does not seem discriminatory, but has a discriminatory impact

  15. # 4 What do you do if you receive a Civil Rights complaint?

  16. Develop a Procedure Plan Developand implement a written procedure to handle any discrimination complaint that may be received.

  17. How Long Do They Have To File a Complaint? A person may file a complaint within 180 days of the alleged discriminatory action.

  18. Where Do They Send The Complaint?Complainants may directly contact • USDA • State Agency • FNS Civil Rights Division • FNS Regional Office or • Local school system

  19. Complaint Procedure A complaint can be investigated and resolved locally, but the complaint must be reported to the State Agency immediately after it is received.

  20. Misunderstandings vs. Official Complaint When a misunderstanding, not an official complaint, can be resolved at the local level, neither Federal or State notification is necessary.

  21. How to Handle a Complaint A complaint form is included in the FNS Instruction 113-1, Appendix E. Any local forms must include all FNS Instructions 113-1 information.

  22. Civil Rights Complaint Procedure • Receipt of the complaint • Complaint is documented • Procedures are implemented • The State Agency is notified • Complaint is documentation and maintained on file.

  23. Civil Rights Complaint Form • Forms are available at all sites • Assist with completing the form • Notify the State Agency • Forms must be filed and available for USDA and State Agency

  24. # 5 What do I do with the “And Justice For All” Poster?

  25. “And Justice For All” Poster must be placed in a prominent area where participants and potential participants have ready access

  26. # 6 When do I use the Nondiscrimination Statement?

  27. Nondiscrimination Statement – Long version “The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider and employer.” http://www.gadoe.org/Finance-and-Business-Operations/School-Nutrition/Pages/USDA-Non-Discrimination-Statement.aspx

  28. Where a Non-discrimination Statement is Needed Informational Materials: • Enrollment Forms • Menus • Newsletters • Flyers • Websites • Print/broadcast ads • Brochures • Employee Handbooks • Parent/Student Handbooks

  29. Nondiscrimination Statement - Short version Can be used on documents which mention the School Nutrition Program, USDA, is a one page (front and back) or less in length. “This institution is an equal opportunity provider and employer.”

  30. # 7 Who needs to have the Civil Rights information?

  31. Complaint forms and procedure information at every site • Discrimination Information available to all School Nutrition personnel • Complaint information must be retained for 5 yearsplus the year it was created.

  32. # 8 What does GaDOE School Nutrition look for at a review?

  33. Common Review Findings • Civil Rights complaint forms not accessible to all staff at each site • Staff do not recognize a civil rights complaint when asked and/or are not able to verbalize the Civil Rights complaint procedure to reviewer

  34. Common Review Findings • And Justice for Allposter is not visible where students, parents and the general public can see and read • Non-discrimination statement is wrong or missing from documents

  35. # 9 Are there any resources for us to use?

  36. Civil Rights Resources FNS INSTRUCTION 113-1 • Establishes and conveys policy • Guidance and direction • Ensures compliance Your Area Consultant

  37. # 10 What is a summary of the steps School Nutrition must do for Civil Rights?

  38. Summary: Civil Rights“Must Do List?” • Offer any School Nutrition Program in a non-discriminatory manner • Train staff annually on Civil Rights

  39. Summary: Civil Rights“Must Do List?” • Develop & fully implement a Civil Rights complaint procedure • Make available to all staff any Civil Rights complaint forms and complaint procedure

  40. Summary: Civil Rights“Must Do List?” • Prominently display the “And Justice for All”poster • Must offer meals to all students in the school

  41. Summary: Civil Rights“Must Do List?” • Non-discrimination statement must be on all printed materials available to the public which mention USDA and/or School Nutrition Program meals and snacks

  42. Thank You

  43. The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider and employer.

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