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Civil Rights

Civil Rights. Your Rights and Responsibilities In the School Nutrition Programs. Civil Rights for School Nutrition Program Sponsors. Annual Civil Rights training required by USDA

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Civil Rights

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  1. Civil Rights Your Rights and Responsibilities In the School Nutrition Programs

  2. Civil Rights for School Nutrition Program Sponsors • Annual Civil Rights training required by USDA • All “frontline” staff who work with program participants or applicants as well as those who supervise “frontline” staff • To ensure that people involved in all levels of program administration understand Civil Rights related laws, procedures and directives.

  3. Goals of Civil Rights • To eliminate barriers that prevent or deter people from receiving benefits of a government sponsored/funded program. • To provide equal treatment in the delivery of programs and services to all applicants, participants and beneficiaries of a federal program. • To ensure that all applicants and participants understand their rights and responsibilities. • To show respect and dignity to all.

  4. Definitions • Civil Rights: “personal liberty” or fair and equitable treatment of all customers and employees by the US Constitution and Acts of Congress. • Discrimination: occurs when the civil rights of an individual are interfered with because of their membership in a particular group or class.

  5. Civil Rights Act of 1964: Non-discrimination on the basis of race, color or national origin. Title VI: Prevents discrimination in federally funded programs. Title VII: Prevents employment discrimination where the employer is involved in interstate commerce. Title IX: Non-discrimination on the basis of sex. The American with Disabilities Act of 1990: Non-discrimination on the basis of disability. Age Discrimination in Employment Act: Non-discrimination on the basis of age. Civil Rights Legislation

  6. Protected Classes What is a protected class? • A protected class refers to any person or group of people who have characteristics for which discrimination is prohibited based on law, regulation or an executive order. • Protected Classes in the School Nutrition Programs: Race Sex Color Age National origin Disability

  7. A Sponsor’s Responsibility • Outreach and Education • Ensuring Equal Access to the Program • Collection of Racial and Ethnic Data • Reasonable Accommodations • Language Assistance • Complaint Resolution

  8. Outreach and Education • Program Availability: sponsors must take specific actions to inform the public of their program rights and responsibilities and the steps necessary for participation. • Complaint Information: applicants and participants must be advised of their right to file a discrimination complaint, how to file a complaint and the complaint procedures. • Nondiscrimination Statement: all informational materials and sources, including Web sites used by sponsors to inform the public about School Nutrition Programs, must contain the appropriate USDA nondiscrimination statement.

  9. Outreach and Education • Non-discrimination statement must be included on all materials referencing USDA programs • i.e. flyers, menus, posters, etc. • And Justice For All Poster: Display in the food service area so that it is visible to participants • Posters are available free of charge from NYSED

  10. Nondiscrimination Statement • Per FNS Instruction 113-1, the full statement, as applicable, is required to be used in its entirety: The U.S. Department of Agriculture 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 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 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 a 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 (Spanish). USDA is an equal opportunity provider and employer. • If the material is too small to permit the full statement to be included, the material will, at minimum, include the statement, in print no smaller than text, that “This institution is an equal opportunity provider and employer.”

  11. Equal Access for All • Schools must administer programs so that they are accessible to all participants regardless of race, color, national origin, sex, age, or disability.

  12. Racial and Ethnic Data • This information is collected by most schools as part of the No Child Left Behind Act. If your school does not already collect this data, the Civil Rights Compliance Report must be completed. • Data collected must include all potential eligible participants by race and ethnic category • This must be accessible for review with regard to participation in the Child Nutrition Programs

  13. Importance of Data Collection • Racial and ethnic data is important in ensuring your program is reaching all potentially eligible children • This data must be kept for three years plus the current year in a secure and confidential manner

  14. Reasonable Accommodations • Food substitutions and modifications must be made for students with disabilities if: • A physician’s statement is on file that describes the participant’s disability and the physician has indicated the substitutions or modifications that the participant needs • Reference the USDA’s “Accommodating Children with Special Dietary Needs in the School Nutrition Programs” for more information. (available on the Child Nutrition Knowledge Center website)

  15. Reasonable Accomodations • Disability: “Any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.”

  16. Language Assistance • Schools must try to accommodate people with limited English proficiency. • Free and Reduced-Price School Meal Applications may be found in 26 languages at the USDA/FNS Web site http://www.fns.usda.gov/cnd/FRP/frp.process.htm

  17. Complaint Resolution • In the case of a complaint of discrimination, contact the Child Nutrition Program Administration Office at (518) 473-8781

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