Case Study

1. Case Study • Kids Cook is cooking in a 3rd grade classroom today, there are three parent volunteers. One volunteer speaks only Spanish. The Nutrition Educator does not speak Spanish. The only person who can translate is the child. The educator has plenty of English speaking volunteers and does not assign the Spanish Speaking Parent with any Kids Cook! volunteer tasks and tells the child to have the parent sit and watch. The parent volunteer is upset and leaves. • What is/are the issue(s)? • How would you handle this? • How could you have prevented this from happening?

2. Civil Rights In the Workplace: Kids Cook Program Making Nondiscrimination a Reality

3. Civil Rights In the Workplace: Outline • Civil Rights Compliance • Purpose • Objectives • Laws and Regulations • Nondiscrimination Policy • USDA/Food and Nutrition Service (FNS) • Kids Cook Program • Confidentiality

4. Outline continued • Components Mandated by FNS Administration • Annual Training Requirement • Notification Requirements • USDA Nondiscrimination Poster • Public Information/ Outreach • Compliance Monitoring Activity • Clinic Reviews

5. Outline continued • Data Collection • Racial and Ethnic Data • Civil Rights Complaint Procedure • Client Rights • Filing a Complaint • Complaint Handling • Complaint Forms • Written Complaints not on forms • Verbal Complaints • Preliminary Inquiry • Fair Hearing Procedures

6. Outline continued • Case Studies • Evaluation

7. Civil Rights Compliance Purpose The purpose of this training is to provide information guarding against discrimination and to provide guidance in the fair administration of SNAP-Ed Funding

8. Civil Rights Compliance Objectives • Provide information to identify and prevent discrimination • Outline complaint handling process • Provide an understanding of public notification requirements including voter registration. • Give staff an opportunity to discuss case studies • Explain the importance of data collection on ethnicity and race • Address confidentiality of client information

9. Civil Rights Laws and Regulations • Title VI of the Civil Rights Act of 1964 • Title IX of the Education Amendments of 1972 • Section 504 of the Rehabilitation Act of 1973

10. Laws and Regulations continued • Age Discrimination Act of 1967 & 1975 • Americans with Disabilities Act of 1990 • Civil Rights Restoration Act of 1987

11. Nondiscrimination Policy • USDA Food Nutrition Service Policy • The USDA, FNS and the Kids Cook! are committed to assuring that program delivery is made available to all eligible persons without discrimination based on: • race • color • national origin • age • sex • disability

12. The Kids Cook! Program complies with Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act, and all regulations issued thereunder. No individual will be: • Denied service, or other benefits provided under the program • Provided any service, or benefits in a different manner from that provided to others under the program • Subjected to segregation or separate treatment in any matter related to receipt of services under the program • Restricted in the enjoyment of any advantage or privileges enjoyed by others receiving services under the program • Treated differently from others in the determination of enrollment, admission, or eligibility for any services or other benefits under the program

13. Confidentiality Kids Cook! does not handle individual participant information. All staffing information is confidential is protected by federal regulations.

14. USDA/FNS Requirements • FNS mandates that Civil Rights training be conducted annually Notification Requirements USDA Nondiscrimination Poster Classrooms when Kids cook! is in session Kids Cook! office

15. Notification requirements continued Outreach • Information sheets/Outreach materials • brochures • publications • posters • All material must contain the statement: • “In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color national origin, sex, age or disability”

16. Notification Requirements continued PSA’s • Newspaper • Television • Radio Public Service Announcements • MUST contain the abbreviated nondiscrimination statement: • “Kids Cook!” is an Equal Opportunity Provider”

17. Notification Requirements continued Job Ads and Postings • Job Ads and Postings must also include the nondiscrimination policy statement: • “The Kids Cook! is an Equal Opportunity Employer”

18. Compliance and Monitoring Activity • Kids cook!is reviewed annually by HSD • FNS ME Reviews occurs every three years.

19. Clinic Reviews • Services are available to all persons regardless of race, color, age, sex, disability or national origin. • Racial and ethnic data collection on applicants and participants whether certified or denied. • The “And Justice for All” poster is displayed in clear view of the public.

20. Clinic Reviews continued • Program information is provided to applicants, participants, grassroots and other community organizations and agencies utilizing targeted outreach efforts. • Outreach materials must include an acceptable nondiscrimination statement. This nondiscrimination statement is included on all printed materials such as pamphlets, forms, or any other material distributed to the public discussing program benefits

21. Clinic Reviews continued • Newspaper, Radio and TV PSA’s must include the nondiscrimination statement • The local agency is aware of the procedure for filing and handling a Civil Rights complaint • Building is accessible for disabled clients and disabled parents/guardians of clients or acceptable alternative arrangements are made • The posting of clinic hours

22. Clinic Reviews continued • The incidence of discrimination complaints received during the past 12 months • Staff must be aware of procedures for obtaining translation services for applicants or participants • Clients are informed of their Rights and Responsibilities

23. Data Collection and Reporting • Racial and Ethnic Data • USDA mandates the Kids Cook! Program to collect and report racial and ethnic participation data annually and is collected through the EARS reporting

24. Civil Rights ComplaintProcedure • All clients have the right to file a complaint alleging discrimination based on race, color, national origin, sex, age or disability within 180 days of the alleged discriminatory action • Complaints may be submitted in writing or may be taken over the phone Client Rights

25. Client Rights continued • Matters of alleged discrimination are very serious and may subject the State Agency to legal actions. • Therefore, it is CRITICAL that the Complaints Handling Process be followed closely to assure compliance

26. Filing a Complaint • Any complaint alleging discrimination on the basis of race, color, national origin, sex, age or disability must be immediately forwarded to the USDA Civil Right Complaint Coordinator and to the State Office • The “And Justice for All” includes an address for filing a complaint of discrimination

27. Filing a complaint continued • The client can report their complaint directly to USDA for investigation. • For clients wishing to file a discrimination complaint directly with USDA should be directed to the following address: • USDA, Director, • Office of Adjudication • 1400 Independence Avenue SW • Washington, D.C. 20250-9410 • Phone number is (866)632-9992 (voice) or • Federal Relay service at (800) 877-8339

28. Filing a complaint continued • Any complaint, written, by telephone or verbally in person, received in the school must be immediately forwarded to the Kids Cook! Office at the following address: • Kids Cook! Program • Director, Mary Meyer • 7900 Lorraine Ct. Ne Suite E • Albuquerque, NM 87113 • (505) 821-5552 fax 505-821-5977

29. Complaint Handling • The person filing the complaint can remain anonymous if desired

30. Complaint Handling continued • The Kids Cook! staff person should encourage the person to allow the use of their name, when possible • A client’s complaint is NOT required to be written out. If it is a verbal complaint. Kids Cook! staff will complete the form with the information provided by the person submitting the complaint.

31. Complaint Form The complaint form should include: • Name, complete address and telephone number of the complainant or other means of contacting the complainant • The specific location and name of the entity delivering the service or benefit • Date the complaint is made including the date(s) during which the alleged discriminatory actions occurred, or if continuing, the duration of such actions

32. Complaint Form continued • Complete details of the nature of the incident or action that led the complainant to feel discrimination was a factor or an example of the method of administration which is alleged to have a discriminatory effect on the public or potential and actual participants • The basis on which the complainant feels discrimination exists (race, color, national origin, age, sex or disability) • The names, titles and business addresses of persons who may have knowledge of the discriminatory action

33. Complaint Form continued • A copy of the Civil Rights complaint must be kept in the Complaint File at the Kids cook! office.

34. Preliminary Inquiry • The purpose of the inquiry is to collect and document information, analyze and to ensure that all laws and regulations have been properly implemented • All written and verbal complaints will be processed and handled within 90 days upon receipt

35. Fair Hearing Procedures • Opportunity for a fair hearing shall be granted when a request for a hearing is made within 60 calendar days after adverse action is taken by the Kids cook! Program. The fair hearing process is not the forum for investigating or resolving civil rights complaints • A request for a hearing may be made either orally or in writing to the state HSD office