USDA Civil Rights and Child Nutrition Programs

1. USDA Civil Rights and Child Nutrition Programs

2. Understanding Civil Rights And Civil Rights Requirements In 10 Easy Steps!

3. # 1 What is Civil Rights?

4. USDA Civil Rights • Benefits of Child Nutrition Programs are made available to all eligible people in a non-discriminatory manner. • All sponsors must implement Civil Rights requirements

5. # 2 What Is Discrimination?

6. Discrimination is… • Different treatment • Makes distinction from others • either intentionally, by neglect or by the actions or lack of actions • based on the protected classes.

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

8. # 3 How To Recognize A Civil Rights Complaint

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

10. Civil Rights Complaint • Potential CR Complaints may start with any form of communication • Areas of Operation include: • Program Administration • Food Service • Employment

11. The 4 “D”s Discrimination is: …when an individual or group of individuals are: • Delayed benefits or services • Denied benefits or services • TreatedDifferentlythan others to their disadvantage • Given Disparate Treatment

12. # 4 The Civil Rights Complaint Procedure

13. Complaint Procedure Plan • Sponsors are required to develop and implement a written procedure to handle any discrimination complaint that may be received.

14. How Long Does Someone Have To File a Complaint? • file a complaint within 180 days of the alleged discriminatory action.

15. Where Do They Send The Complaint? Complainants may choose to: • Contact USDA directly or • Contact ODE CNP directly, or • Notify the sponsor of their complaint Sponsors must forward all discrimination complaints received regarding Child Nutrition to ODE within 3 working days

16. How to Handle a Complaint • Use the Complaint Form • Enter the Complaint on the Log • Refer the complaint to the sponsor’s CACFP primary contact person • Report the complaint to ODE w/in 3 working days.

17. CR Complaint Procedure • CR Complaint Received by Sponsor • CR Complaint Documented In CR Complaint Log • Sponsor gives Complainant CR Complaint Form and/or Sponsor Completes CR Complaint Form with Complainant • If Complainant Returns CR Complaint Form to Sponsor, Sponsor Forwards Complaint Form to ODE within 3 Working Days

18. Civil Rights Complaint Log Log must be dated and kept for 3 years + current year, even if no complaints have been received

19. CR Complaint Form • CR Complaint Form readily available at all sites • Sponsor must make every attempt to help complainant • If complainant returns CR Complaint Form to sponsor, it must be forwarded to ODE within 3 working days of receipt by sponsor

20. # 5 The Non-discrimination statement and the “And Justice For All” Poster

21. Nondiscrimination Statement – Long version In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discrimination on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call, toll free (866) 632-9992 (Voice). TDD users can contact USDA through local relay or the Federal Relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice users). USDA is an equal opportunity provider and employer.

22. Nondiscrimination Statement - Short version “This institution is an equal opportunity provider”

23. Where a Non-discrimination Statement is Needed • Enrollment Forms • Menus • Employee Handbooks • Newsletters • Brochures • Parent Handbooks • Print or broadcast advertisements • Flyers • Websites

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

25. # 6 Racial and Ethnic Data Collection

26. Racial and Ethnic Data Collection It is optional for participants to provide Sponsors with Racial and Ethnic information. However, it is a requirement for Sponsors to collect Racial and Ethnic Data annually

27. Race and Ethnic Categories • Data COLLECTION: • Two-Step Format: - separate categories will be used when collecting and reporting Race and Ethnicity. • Ethnicity will be collected first • Racial designations second

28. Racial and Ethnic Data REPORTING • Sponsor must collect and maintain data annually. • ODE will check Racial and Ethnic data during Administrative Reviews • Please do not send information to ODE, unless requested!

29. Racial Ethnic Annual Data Collection Form

30. Ethnic Categories: • Ethnicity: • Hispanic or Latino • Not Hispanic or Latino Select One Step One

31. Respondents can select one or more Racial designations: • American Indian or Alaskan Native • Asian • Black or African American • Native Hawaiian or Other Pacific Islander • White • Other • Racial and Ethnic data may be collected on CIS or can be collected using a visual identification. Step Two

32. # 7 Who needs to have the Civil Rights information?

33. Civil Rights information needs to be available at every site.

34. Civil Rights Binder A Each sponsor should keep a Civil Rights Binder with: • JFA poster on front cover • Sections for: • Sponsor’s Complaint Procedure • CR Complaint Log • CR Complaint Forms • English and Spanish • Other Translations, as needed • organization or site.

35. # 8 Common Findings on Administrative Reviews

36. Common Review Findings • Complaint form must have both sides printed. • 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.

37. Common Review Findings • And Justice for All poster is not visible where parents and the general public can see and read it • Non-discrimination statement missing from public documents that mention USDA and Child Nutrition Programs

38. # 9 Resources Available

39. Civil Rights Resources • ODE’s Civil Rights website: • How to Recognize a Civil Rights Complaint • CR Complaint Form • CR Complaint Log • CR Complaint Procedure • CR Training for Staff Form • “And Justice for all Poster” • www.ode.state.or.us/services/nutrition/civil_rights

40. Civil Rights Specialist • Winston Cornwall is the Civil Rights Specialist for ODE. You may contact him or one of the specialists in our office regarding any complaints or technical assistance required. Phone: (503)-947-5675 Email: winston.cornwall@state.or.us

41. # 10 A Summary of what a sponsor must do to meet Civil Rights Requirements

42. Summary: Civil Rights“Must Do List?” • Offer any Child Nutrition Program in a Non-Discriminatory Manner • Train staff annually on Civil Rights and complete the training form. • Develop & fully implement sponsor’s CR Complaint Procedure • Make available to all staff CR complaint forms, CR Log and CR complaint procedure

43. Summary: Civil Rights“Must Do List?” • Prominently display the And Justice for All poster • Non-discrimination statement must be on all printed materials available to the public which mention USDA and/or Child Nutrition Program meals and snacks • Must offer meals to all participants

44. What is Civil Rights? What is Discrimination? How to recognize a CR complaint The CR Complaint Procedure The CR non-discrimination Stmt and the “And Justice for All” poster Racial & Ethnic Data Collection Who needs to have the CR information? Common Findings on Admin. Reviews Resources Available Summary of what a sponsor must do to comply w/ USDA CR Summary of 10 Steps to understand & comply w/ USDA Civil Rights