Civil Rights Compliance and Enforcement

1. Civil RightsCompliance and Enforcement Child Nutrition Programs Oklahoma State Department of Education Patricia Beutler Director of Training July 2018

2. Authority • Title VI, Civil Rights Act of 1964 – Race, Color, National Origin. • Americans with Disabilities. • Education Act of 1972 – Sex Discrimination. • Rehabilitation Act of 1973, Section 504 – Disability. • Civil Rights Restoration Act of 1984 – Clarified scope of laws to all recipients of federal funds • Age – 1975. • Departmental Regulation (DR) 4300-003. NEW

3. United States Department of Agriculture (USDA) and Foods Nutrition Services (FNS) prohibits discrimination based on: • Race • Color • National Origin • Age • Sex • Disability

4. “Disabilities” Clarification – Schools • ADA Amendment Act of 2008 • Most physical and mental impairments constitute “disability” • “State Licensed Healthcare Professional” • Authorized to write scripts • Ensure parents and children fully aware of procedures

5. “Person with a disability…” • “Any person who has a physical or mental impairment which substantially limits one or more ‘major life activities,’ or has a record of such impairment, or is regarded as having such impairment.” • Examples • Need not be life threatening • Determined on case-by-case basis

6. Medical Statements • Required when asked to make modifications • Outside Program patterns, meals not reimbursable without Statement • If accomplishable within Program patterns, may choose to accommodate without Statement • If unclear, may request/require appropriate clarifications

7. Assessing Requests for Substitutions/Modifications • Reasonable modification to accommodate disability • Requested brand name not required • Rarely: substitutions that alter nature of the program • Emphasis on working with parents/guardian

8. Further Information • Exclusion in any way prohibited • Reimbursement for modified meals remain at appropriate rate • Any other needs/services at no cost to the parent/guardian • Facilities must be made accessible • Must provide feeding equipment and aides if needed • Acceptable use of Child Nutrition Funds

9. Definitions • Discrimination – Different treatment that makes distinction of one person/group from others • Applicant – A person who applies for participation in an FNS program. • Assurance – A contractual agreement to administer services and benefits. • Civil Rights – Nonpolitical rights of a citizen under 13th and 14th Amendments. • Complainant – Person or group alleging discrimination.

10. Definitions • Corrective Action Plan – Plan taken to resolve noncompliance. • Limited English Proficiency (LEP) Persons – Persons who do not speak English as their primary language. • Office of Civil Rights (OCR) – Units with authority to assure equal opportunity and nondiscrimination of all persons.

11. Limited English Proficiency (LEP) • Proportion of persons served/encountered. • Greater number of LEP persons. • Prior experience. • Frequency of LEP to the program. • Nature or importance of program. • Resources available to recipient and costs.

12. Regulation – July 2004 • Eliminate barriers to participation of Faith-Based Organizations (FBO) and Community-Based Organizations (CBO). • Ensure level playing field.

13. Elements of Public Notification • Availability of program. • Complaint information. • Nondiscrimination statement.

14. Requirements of Posting • Posted in full. • On all materials. • Public information/education. • Public distribution. • Cannot be modified.

15. NEW Authorized 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. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. This institution is an equal opportunity provider.

16. If Material Too Small? Must appear: “This institution is an equal opportunity provider.”

17. Methods of Public Notification • Poster: “And Justice for All” except in Family Day Care Home (FDCH – Child Care) providers. • Inform of programs and/or changes. • Provide information in alternate formats for disabled.

18. Methods of Public Notification • Provide nondiscrimination statement on all information to public. • Convey equal opportunity message on all graphics.

19. Civil Rights Training • Required for compliance. • State Agency must train agency staff. • State Agency must train local agencies. • Local agencies train frontline staff.

20. Training Must Include • Collection and reporting of data. • Systems of notification. • Complaint procedures. • Review techniques. • Resolution of noncompliance.

21. Data Collection and Use of Data • Obtain from all applicants. • Always use dignity and respect. • Obtain data by ethnicity and race. • Document and maintain for three years.

22. Schools

23. CACFP

24. Data Collection – Cont’d • Participant not required to furnish. • Self identification preferred. • May not “second guess.”

25. Data: Ethnicity and Race • Two-question format. • Ethnicity appears first on data collection. • Race: “Mark one or more” must be response option.

26. Data: Ethnicity • “Hispanic or Latino” AND • “Not Hispanic or Latino”

27. Data: Race • American Indian or Alaskan Native. • Asian. • Black or African American. • Native Hawaiian or other Pacific Islander. • White.

28. Complaint Procedures • Right to file within 180 days. • Acceptance of complaint. • Forms. • Verbal complaints.

29. Civil Rights Complaint Forms • Schools – Pages C-24 - C-26, Child Nutrition Manual. • CACFP Participants – Page 97-100, Training Manual.

30. Required Data – Verbal Complaints • Contact information. • Name and location of agency. • Nature of incident. • Basis of the discrimination. • Contact information of others with knowledge of incident. • Date(s) of alleged actions.

31. Complaints: Processing Guidelines • Provide participants option to file complaint. • Accept and acknowledge complaints filed. • Inform complainant of action planned. • Request any additional information for clarification. • Refer age discrimination to USDA Regional Office.

32. State Agency:Complaints: Processing/Resolving • Maintain and operate a complaint/grievance processing system. • Completed within 90 days of receipt. • Specialist determines: referral or investigation. • Referral: Case is closed. • Investigation: Further action required.

33. State Agency:Complaints: Processing/Resolving • Investigation requires: • Request more information and review. • Conduct on-site investigation. • Prepare written report of investigation. • Findings. • Summary of interviews. • Summary of case file examinations. • Explanation if no investigation conducted.

34. State Agency:Complaints: Processing/Resolving • Written report of investigation: • Findings in relation to specific allegations. • Summary of all interviews. • Summary of case file examinations. • Decision letter to the complainant: • All information and decisions. • Appeal rights to the Secretary of Agriculture.

35. Review for Compliance • USDA • State Agency • Our Clients – YOU!

36. Contents of Review • Equal opportunity to participate. • Case records not coded by race or ethnic origin. • Proper display of USDA poster. • Statement on all materials.

37. Content of Review – Continued • Information made available to eligibles • Need for/services provided Limited English Proficient (LEP) • Collected data on file 3 years • Handling of special dietary needs participants • Procedures for handling complaints • Civil Rights training being provided

38. Special Review Circumstances • Specific group not benefiting. • Reports of alleged noncompliance. • Patterns of complaints of discrimination.

39. Noncompliance Findings Result from routine review findings when Civil Rights requirements not being adhered to whether by Regional Office, State Agency or program participant.

40. Achieving Compliance – State Agency • Written notice of areas of noncompliance and action required. • Negotiate to achieve compliance. • Submit findings to USDA Regional office within 60 days.

41. Achieving Compliance – Regional Office • Determine should further efforts be pursued. • Has State Agency exhausted all voluntary compliance efforts? • Report findings to USDA Headquarters with appropriate documentation.

42. Achieving Compliance – FNS Headquarters • Determination if further efforts should be pursued. • If so, prepare response to Regional Office, State Agency and local recipients. • Include 30-day time limit to resolve in the notification. • Warning that matter may be subject to legal actions.

43. Thirty Day Limit Unattainable? • USDA Headquarters review efforts to secure voluntary compliance. • Issue orders to post notice of hearing. • Arrange for designation of law judge.

44. Termination/Suspension of Assistance • After all administrative responsibilities have been met by FNS and USDA. • Required letter for termination of benefits sent to appropriate administrator. • Required notification when re-applying for benefits.

45. Appendix B:Child Nutrition Programs • National School Lunch Program (NSLP) • School Breakfast Program (SBP) • Special Milk Program (SMP) • Summer Food Service Program (SFSP) • Child and Adult Care Food Program (CACFP)

46. Civil Rights Agreements – New Programs • Schools: Pre-award Review/Technical Assistance Visit. • CACFP Programs: Approval Visit.

47. Civil Rights Activities – School Requirements • Compile Civil Rights data. • Complete required report by Oct. 31. • Maintain records for 3 years. • Permit authorized CNP/USDA personnel ONLY to review records.

50. Civil Rights Activities – School Requirements, Cont’d. • Allow State Agency to monitor the agreement for compliance. • Allow State Agency to review and evaluate data during required monitoring process every three years. • If violated, FNS has right to seek judicial enforcement of assurance.