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Civil Rights Training

Civil Rights Training. Presented by the Nevada Department of Education. Title VI of the Civil Rights Act of 1964 Prohibits discrimination based on race, color, and national origin In programs receiving federal funding & implementing USDA regulation. 7 CFR Part 15, Subpart A and Subpart C.

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Civil Rights Training

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  1. Civil Rights Training • Presented by the Nevada Department of Education

  2. Title VI of the Civil Rights Act of 1964 Prohibits discrimination based on race, color, and national origin In programs receiving federal funding & implementing USDA regulation 7 CFR Part 15, Subpart A and Subpart C Authority

  3. Americans with Disabilities Act Title IX of the Education Amendments of 1972 Sex Section 504 of the Rehabilitation Act of 1973 Disability Age Discrimination Act of 1975 PRWORA and DOJ Memorandum, 1999 Civil Rights Restoration Act of 1987 Food Stamp Act of 1977, amended Enforcement of Civil Rights of 1964, national origin discrimination against persons w/ limited English proficiency USDA Dept Reg 4330-2 USDA Reg 7 CFR Part 16, Equal Opp for Religious Organizations Authority

  4. USDA Policy • USDA prohibits discrimination in all programs & activities on the basis of race, color, national origin, age, disability, and, sex.

  5. USDA Policy continued… • Sexual orientation, marital or family status, parental status, and genetic info are not protected in FNS programs

  6. Question? • What are the 6 FNS nutritional assistance programs protected bases?

  7. Age Color Disability National Origin Race Sex Answer

  8. Applicability • FNS-113-1 is applicable to all programs & activities of a recipient (state agency, local agency or other subrecipient of Federal financial assistance, whether those programs are federally funded in whole or not • Has not changed

  9. Limited English Proficiency (LEP) • State agencies, local agencies, or other subreceipients that fail to provide services to LEP persons, applicants, or participants, or deny access may be discriminating on the basis of national origin

  10. LEP continued…Primary Factors To Consider • # of proportion of LEP persons in the eligible service population • The greater the #, the higher the need • Frequency of contact in the programs • Can do outreach • Importance of the service provided by the program • Resources available to the recipient/costs

  11. LEP & School Districts • Must make materials available in the appropriate language • www.fns.usda.gov/cnd

  12. Public Notification

  13. Public Notification • Purpose • Inform applicants, participants, and potential eligibles of :

  14. Public Notification continued… • Program Availability • Nevada requires the public announcement to be sent to the media each school year • Complaint Information • Applicants & participants must be advised at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures • Public Announcement • Complaint Procedure • Nondiscrimination Statement • All information materials & sources (websites), used by state agencies, local agencies, or subrecipients to inform the public about the programs must contain a nondiscrimination statement.

  15. Nondiscrimination Statement • “In accordance with Federal law and the U.S. Department of Agriculture policy, this institution does not discriminate 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, D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.

  16. Nondiscrimination Statement • Not required, but recommended on menus • Nor required to be printed on items such as cups, buttons, magnets, and pens • When the size is impractical • State, local, subrecipients must post the nondiscrimination statement in their offices and be included in full on all materials produced for the public • Page 13 of FNS-113-1

  17. USDA poster/And Justice For All • Districts must prominently display • It is currently unknown when the new And Justice For All Posters will be distributed by USDA.

  18. Civil Rights Training

  19. To be done annually Topics: Data Collection & Reporting Effective public notification systems Complaint procedures Compliance review techniques Resolution of noncompliance Requirements for reasonable accommodations of persons w/ disabilities Conflict resolution Customer service Civil Rights Training continued…

  20. Data Collection & Reporting • State & local agencies, and other subrecipients are required to obtain data by race & ethnic category on potential eligibles, applicants, and participants in the programs.

  21. Systems must ensure data is: Collected & retained by the service delivery point for each program Based on document records & maintained for three years Access restricted to authorized personnel Submitted as requested to FNS Regional or Headquarters Offices Data Collecting & Reporting continued…

  22. Compliance Reviews • Civil Rights findings during the CRE require a corrective action plan that ensures compliance with this Instruction

  23. Resolution of Noncompliance • Districts must submit an acceptable corrective action plan • Failure to respond or correct the finding may result in suspension or termination of financial assistance.

  24. Right To File Any person alleging discrimination has the right to file a complaint within 180 days of the alleged action Acceptance Nevada, written or verbal forward to USDA Forms District may develop their own Verbal Complaints The elements of the complaint should be written up by the complainant or the person allegations are made against Complaints of Discrimination

  25. Forms • FNS 113-1 Sample Complaint Form

  26. District/CRE Information • NDE will ask: • Have you ever received any written or verbal complaints alleging discrimination? • If YES, have these complaints been reported to the State Agency? • What is your policy to handle a complaint of discrimination?

  27. Public Release Letter to parents, application form, income guidelines Copy on file Foreign language translations are available USDA poster displayed in prominent place Correct nondiscrimination stmt on pgrm materials Admission procedures do not restrict enrollment by minority persons Incorrectly denied F/R applications are not disproportionately composed of minority applications Disabled students are provided pgrm benefits District/CRE Information continued…

  28. District/CRE Information continued… • No separation based by race, color, sex, handicap, age or national origin in: • Eating periods • Seating arrangements • Serving lines • Eating areas

  29. Questions

  30. In The End… Memories of our lives, of our works and our deeds will continue in others, who believe and act for fairness and justice Rosa Parks 1913-2005

  31. “In accordance with Federal law and the U.S. Department of Agriculture policy, this institution does not discriminate 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, D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.

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