Civil Rights Training for Child Nutrition Programs

1. Civil Rights Training for Child Nutrition Programs

2. Why Civil Rights Regulations? Civil Rights Regulations are intended to assure that benefits of Child Nutrition Programs are made available to all eligible people in a non-discriminatory manner.

3. What is Discrimination? Intentionally treating a person or group of persons differently. Different treatment which makes a distinction of one person or a group of persons in protected classes. This may be caused by: Intentional actions. Lack of actions.

4. What is Discrimination? FNS protected classes – race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity

5. What is Required? Collection of Data Public Notification Complaint Procedures Compliance Review Resolution of Non-compliance Accommodation of People with Disabilities Language Assistance Conflict Resolution Customer Service Annual Training

6. 1. Collection of Data Racial and ethnic identities must be collected annually. Self-identification preferred.

7. 1. Collection of Data Why do we collect this? Data is used to determine if the program is reaching potentially eligible, low-income households.

8. 2. Public Notification Systems Inform applicants, participants, and potentially eligible persons of the program availability, program rights and responsibilities, the policy of nondiscrimination, and the procedure for filing a complaint.

9. Public Notification Systems – Nondiscrimination Statement The FULL USDA nondiscrimination statement must be included on (pick one or more): Letters Notice of Eligibility or Denied Eligibility Menus Special Holiday promotion flyers Brochures Each page of a web page All statements should be in print size.

10. Public Notification Systems – Civil Rights Statement True or False? The USDA Nondiscrimination Statement never changes. Once you’ve got it you never need to check it again.

11. Public Notification Systems – Civil Rights Statement True or False? The USDA Nondiscrimination Statement never changes. Once you’ve got it you never need to check it again. FALSE!

12. Public Notification Systems – Civil Rights Statement In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

13. Public Notification Systems – Civil Rights Statement The short statement: For limited use if the long statement changes the nature of the document. Example: menus “This institution is an equal opportunity provider.”

14. Public Notification Systems “And Justice for All” poster must be posted anywhere program benefits are available.

15. 3. Complaint Procedures A Civil Rights complaint is a complaint alleging that discrimination has occurred in violation of one of the protected classes.

16. Complaint Procedures – Managing Complaints You are required to have a civil rights complaint procedure. All employees should be aware of the procedure and understand how to handle any civil rights complaints.

17. Complaint Procedures – Managing Complaints Include verbiage that you have a procedure and where parents can go to find it. Examples: student handbook, on your website, etc. Manage your complaint log- even if there aren’t any complaints for that year!

18. Complaint Procedures – Managing Complaints A person can allege that discrimination has occurred and file a discrimination complaint because they feel that they were… Delayedin receiving benefits or services that others receive. Denied benefits or services that others receive. TreatedDifferentlythan others to their disadvantage. Given DisparateTreatment, something which does not seem discriminatory, but has a discriminatory impact in practice.

19. Complaint Procedures – Managing Complaints Verbal Complaints If you are on the phone with someone who does not wish to put allegations in writing, you are responsible for writing the complaint. Every effort should be made to have the complainant provide sufficient information to assist in resolving the complaint

20. Complaint Procedures – Managing Complaints Scenario: A man was on the news complaining about a Summer Food Service Program site. His children attend the park site and want to take the meals off-site and were told they cannot do so. He is quoted as saying he is being discriminated against because he is overweight. Is this a civil rights complaint?

21. Complaint Procedures – Managing Complaints Scenario: A man was on the news complaining about a Summer Food Service Program site. His children attend the park site and want to take the meals off-site and were told they cannot do so. He is quoted as saying he is being discriminated against because he is overweight. The meal site is enforcing program rules. NO

22. Complaint Procedures – Managing Complaints 180 Right to File a Complaint Any person alleging discrimination has a right to file a complaint within DAYS of the date of the alleged discriminatory action. Under special circumstances this time limit may be extended by the Office of Civil Rights (OCR).

23. Complaint Procedures – Managing Complaints http://k12.wa.us/ChildNutrition/Programs/NSLBP/ProgramApp.aspx Find the Complaint Form on the OSPI CNS Website!

24. Complaint Procedures – Managing Complaints Complaint Log A complaint log must be maintained by each Sponsor. AND A complaint log is maintained at the State Agency

25. Complaint Procedures – Managing Complaints OSPI CNS must forward all complaints to USDA’s Civil Rights Division. The OCR will prepare and issue letters of acknowledgement to complainants.

26. Complaint Procedures – Resources http://k12.wa.us/ChildNutrition/Programs/NSLBP/ProgramApp.aspx

27. 4. Compliance Review OSPI reviews Sponsor Sponsor reviews each site

28. 5. Non-Compliance Resolution Written notice is provided. Corrective action must be completed. If unresolved within 60 days, OSPI will forward to USDA.

29. 6. Accommodation of Persons with Disabilities When a program participant has a diagnosed disability that restricts their diet, the sponsor MUSTprovide the prescribed food substitutions or modifications at no charge. Requires a Medical Note from a recognized medical authority.

30. 7. Language Assistance Failing to provide services to Limited English Proficiency (LEP) potentially eligible persons, may be discrimination. Take reasonable steps to assure meaningful access. Meaningful Access: providing reasonable, timely, appropriate and competent language services at no cost to individuals with LEP.

31. 7. Language Assistance http://k12.wa.us/ChildNutrition/Programs/NSLBP/ReferenceGuide.aspx

32. “Mapping Tools” at LEP.gov Percent of Persons who speak a Language other than English and speak English Less than “Very Well”

33. “Mapping Tools” at LEP.gov

34. Language Assistance Factors to Consider: The number or proportion of LEP persons from a particular language group encountered in the population. The frequency with which LEP individuals come in contact with the program. The nature or importance of the program to people’s lives. The resources available and costs.

35. Language Assistance Interpretation Services Offer interpreter whenever requested by parent or school staff. Do not use students or other children. http://www.k12.wa.us/Equity/CivilRights/default.aspx

36. Language Assistance Translation Services Schools must identify and translate all vital documents that are common in each school. Vital documents for CNS: Meal Application Documents required for response to verification Notice of approval or denial of benefits https://www.fns.usda.gov/school-meals/translated-applications

37. 8. Conflict Resolution Address conflict early and prevent from escalating. Treat all parties with respect and dignity. Provide timely services. Avoid casual comments involving race, color, national origin, sex, age, or disability. Bring in neutral third party when appropriate.

38. 8. Conflict Resolution Discrimination vs. poorly handled conflict Scenario: A man was on the news complaining about a Summer Food Service Program site. His children attend the park site and want to take the meals off-site and were told they cannot do so. He is quoted as saying he is being discriminated against because he is overweight. How might you respond to this parent?

39. 9. Customer Service and Civil Rights Good Customer Service decreases the likelihood of all complaints!

40. 10. Civil Rights Training Completed yearly. All Staff must attend. Document: Who is in attendance. Date of Training. Training Topics.

41. Questions? • Visit the OSPI Child Nutrition Services webpages for your Child Nutrition Program for reference sheets and other resources. • Contact OSPI Child Nutrition Services at: • 360-725-6200

42. Resources • Reference Sheets • Training Slides http://k12.wa.us/ChildNutrition/Programs/NSLBP/ProgramApp.aspx

43. Use this training! • Please use this Power Point and this linked video to supplement your training! • Just make sure to add in YOUR ORGANIZATION’S practices and discuss your Civil Rights Procedures with your team.

44. Creative Commons License Except where otherwise noted, this work by the Office of Superintendent of Public Instruction is licensed under a Creative Commons Attribution License. All logos and trademarks are property of their respective owners. This presentation may contain or reference links to websites operated by third parties. These links are provided for your convenience only and do not constitute or imply any affiliation, endorsement, sponsorship, approval, verification, or monitoring by OSPI of any product, service, or content offered on the third party websites. In no event will OSPI be responsible for the information or content in linked third party websites or for your use of or inability to use such websites. Please confirm the license status of any third-party resources and understand their terms of use before reusing them. Photos not marked are used with permission and not included in the open license.