Slide 1 USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Requirements and Child Nutrition Programs. This training presentation is developed and provided by the Oregon Department of Education. This session is a review of the USDA Civil Rights requirements for Child Nutrition Programs. All Sponsors of Child Nutrition Programs, including the Child & Adult Care Food Program, National School Lunch Program, School Breakfast Program, Summer Food Service Program, Special Milk Program, and USDA Foods must comply with the Federal Civil Rights program as part of their agreement with the Oregon Department of Education. Slide 2 USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants in a non-discriminatory manner All sponsors must implement Civil Rights requirements Civil Rights Requirements are intended to ensure benefits of Child Nutrition Programs are made available to all eligible participants in an nondiscriminatory manner. All sponsors receiving Federal monies must implement the Civil Rights requirements to be eligible for the program.
Slide 3 Discrimination is Different treatment Makes distinction from others Either intentionally, by neglect or by the actions or lack of actions Based on the protected classes Discrimination is defined as different treatment to people which makes a distinction of one person or a group of persons from others; either intentionally, by neglect or by the actions or lack of actions based on the protected classes. Slide 4 Six Protected Classes Race Sex Color Age National Origin Disability The USDA nondiscrimination statement contains numerous protected classes, which will not apply to all programs. The six protected classes relevant to Oregon Child Nutrition Programs remains limited to race, color, national origin, sex, age, and disability. Slide 5 Discrimination Occurs The 4 D s when an individual or group of individuals are: Delayed benefits or services Denied benefits or services Treated Differently than others to their disadvantage Given Disparate Treatment Discrimination can be easily remembered by thinking of The 4 D s. Discrimination is when an individual or group of individuals are: Delayed receiving benefits or services that others receive Denied benefits or services that others receive Treated Differently than others to their disadvantage, or Given Disparate Treatment something which does not seem discriminatory, but has a discriminatory impact in practice.
Slide 6 Submitting Civil Rights Complaint Verbally In Writing Observed Any participant or potential participant may submit a civil rights complaint of unequal treatment verbally, in writing or may be observed. Slide 7 Where are Complaints Sent? USDA directly; or ODE CNP directly; or Notify the sponsor of their complaint If a Sponsor receives a discrimination complaint regarding Child Nutrition Program must forward to ODE CNP within 3 working days Complainants may choose to directly contact USDA with their complaint, contact Oregon Department of Education Child Nutrition Program with their complaint, or they may notify the sponsor of their complaint. The sponsor must forward all discrimination complaints received regarding Child Nutrition Programs to the Oregon Department of Education Child Nutrition Programs office within 3 working days Slide 8 How Long to File a Complaint? File a complaint within 180 days of the alleged discriminatory action A complaint can be filed within 180 days of the alleged discriminatory action.
Slide 9 Complaint Procedure Plan Sponsors are required to Develop and Implement a written procedure to handle any discrimination complaint that may be received All Sponsors must develop a written Civil Rights Complaint Procedure and implement this procedure. Sponsors may adopt Oregon Department of Education s prototype procedure, located on the Oregon Department of Education Child Nutrition website. If sponsors choose this option, be sure to put your sponsor s name at the top of the procedure, and then train all staff on this procedure. Slide 10 Civil Rights Complaint Procedure 1. Civil Rights Complaint Received by Sponsor 2. Civil Rights Complaint Documented in Civil Rights Complaint Log 3. Civil Rights Complaint form completed If the Civil Rights complaint form is returned to Sponsor, Sponsor forwards complaint form to ODE CNP within 3 working days The Civil Rights Complaint Procedure is as follows: a civil rights Complaint is received by the Sponsor, either Verbally or in writing. Next, the sponsor logs the complaint in the Civil Rights Complaint Log. Additionally, the Sponsor gives Complainant the Civil Rights Complaint Form OR the Sponsor assists the Complainant to complete the Civil Rights Complaint Form, if needed. If the complainant returns the Civil Rights complaint form to Sponsor, the Sponsor must forward the Civil Rights complaint form to Oregon Department of Education Child Nutrition Program within 3 working days.
Slide 11 Civil Rights Complaint Form Civil Rights Complaint Form readily available at all sites Sponsor must make every attempt to help complainant. Reasonable accommodation for complainant with disability Civil Rights Complaint Forms must be readily available at all sites including the main office if it is not a serving site. The Sponsor must make every attempt to help the complainant complete the Civil Rights Complaint Form Slide 12 Civil Rights Complaint Log Log must be dated and kept for 3 years + current year, even if no complaints have been received All discrimination complaints must be documented in the Civil Rights Complaint Log The Civil Rights Complaint Log must be dated and kept for 3 years + current year, even if no complaints have been received. At the end of the fiscal year please write across the log No complaints received if no complaints were received that year. Slide 13 Nondiscrimination Statement - Short Version USDA and this institution are equal opportunity providers and employers. The short version of the nondiscrimination statement is shown here. (Click) Federal regulations allow use of a shorter nondiscrimination statement on program material mentioning USDA or Child Nutrition Programs if the material is one page or less in length (one page equals 8 ½ X 11 front and back) ; i.e. brochures, coupons, electronic benefit cards, menus, and flyers. The short statement must be in the same size print as the text of the document.
Sponsors may use the name of the sponsor instead of the words this institution in the short nondiscrimination statement. Slide 14 Nondiscrimination Statement Long Version 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 Complaint 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 the 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. This slide shows the long version of the non-discrimination statement. (click) Sponsors must use the new long nondiscrimination statement on all publications that are over one page (one page equals 8 ½ X 11 front and back) that mention USDA Child Nutrition Programs. The long statement must be in the same size print as the text of the document. The USDA nondiscrimination long statement contains numerous protected classes, which will not apply to all programs. The six protected classes relevant to Oregon Child Nutrition Programs remains limited to race, color, national origin, sex, age, and disability.
Slide 15 Examples of informational material Enrollment Forms Employee Handbooks Brochures Parent/Student Handbooks Menus Newsletters Flyers Print or Broadcast Advertisements Websites The non-discrimination statement must be included on program materials such as enrollment forms, menus, employee handbooks, newsletters brochures, parent or student handbooks, print or broadcast ads, flyers, and websites. Slide 16 Limited English Proficiency (LEP) Individuals who have a limited ability to read, speak, write, or understand English. Responsibility to take reasonable steps to ensure meaningful access to their programs and activities It is the responsibility of all sponsors to ensure program access for those with limited English proficiency (LEP). LEP is defined as individuals who have limited ability to read, speak, write or understand English. Reasonable steps must be taken to ensure meaningful access to programs and activities. Some examples of reasonable accommodations may include: - Providing documents in a variety of languages - Providing translation services to those that need help in completing applications - Or Providing verbal information for those that are unable to read the written information provided
Slide 17 LEP (continued) Primary factors to consider when determining reasonable steps: Number or proportion in the eligible service population Frequency of contact in the programs Importance of the service provided by the programs Resources available to the recipient/costs Consider these factors when determining reasonable steps to accommodating limited English proficiency. Number or proportion of people with limited English proficiency in a service population area. The greater the number, the higher the need. The frequency with which agencies or sponsors have or could expect to have contact with an individual from different language groups seeking assistance. The more frequent the contact with a particular language group, the more likely that enhanced language services in that language are needed. The importance of the service provided. Will denial of the service cause a serious, lifethreatening implication. Resources available and the costs involved. Share resources to save money. Slide 18 LEP (continued) Nutrition Civil Rights http://www.ode.state.or.us/search/results/?id=206 NSLP household application in other languages http://www.ode.state.or.us/search/page/?id=3316 CACFP household applications in other languages http://www.ode.state.or.us/search/page/?id=3280 Further information on LEP is available at www.lep.gov Here are some resources. The ODE CNP civil rights web page. The NSLP and CACFP household applications and other pertinent documents in other languages. For further information about LEP, please visit www.lep.gov
Slide 19 Racial and Ethnic Data REPORTING Sponsor must collect and maintain data annually ODE will check Racial and Ethnic data during Administrative Reviews Please do not send information to ODE, unless requested Use specific reporting forms for CACFP and SFSP Sponsors are to collect racial and ethnic data annually and maintain the data on file. Oregon Department of Education Child Nutrition Program may require to see this information at any time. Additionally, Oregon Department of Education Child Nutrition Program will review the racial and ethnic data during administrative reviews. Please do not send Racial and Ethnic data to Oregon Department of Education Child Nutrition Program, unless requested. The Child and Adult Care Food Program and Summer Food Service Program have specific forms to report the information and keep in your file. The form is listed on the resource page at the end of the presentation. Slide 20 Racial and Ethnic Data COLLECTION It is optional for participants to provide Sponsors with Racial and Ethnic information However, it is a requirement for Sponsors to collect Racial and Ethnic Data annually An important point to note regarding Racial and Ethnic Data collection is that it is optional for participants to provide you with racial and ethnic information, however, it is a requirement for sponsors to collect and maintain Racial and Ethnic data on an annual basis. Sponsors may collect racial/ethnic data of the participants from information provided on Confidential Income Statements (CIS) or Meal application that the household member completes. Since the racial/ethnic section is optional for the household to complete, it may not be provided. If the racial/ethnic information is not provided by the household, or the Sponsor does not distribute CIS or Meal Applications, Sponsor s knowledge of the participant's ethnicity and race or visual identification may be used to determine a participant s racial/ethnic category. School Districts may also use
student enrollment information. Slide 21 Race and Ethnic Categories Data COLLECTION Two-Step Process Separate categories will be used when collecting and reporting Race and Ethnicity. Step 1 - Ethnicity determined Step 2 - Racial designations Racial and Ethnic Data Collection is a two step process. Separate categories will be used when collecting and reporting Race and Ethnicity of participants. You may collect this information either from enrollment records or actual attendance. The information is recorded from a specific point in time; for instance one day or one month, depending on what information you have available to you. Ethnicity is determined first; then racial designations second. Slide 22 Civil Rights Must Do List Offer any Child Nutrition Program in a Non-Discriminatory Manner Train staff annually on Civil Rights and complete the training form Develop & fully implement sponsor s Civil Rights Complaint Procedure Make available to all staff complaint forms, log and complaint procedure Summary: The Civil Rights Must Do List : Sponsors must offer any Child Nutrition Program in a Non- Discriminatory Manner. They must train staff annually on Civil Rights, document the training on the Oregon Department of Education Child Nutrition Program training form and retain the documentation on file for three years plus the current year. They must develop & fully implement the sponsor s Civil Rights complaint procedure and make available to all staff Civil Rights complaint forms, Civil
Rights Complaint Log and the Civil Rights complaint procedure. Slide 23 Civil Rights Must Do List Prominently display the And Justice for All poster Non-discrimination statement must be on all printed and electronic materials available to the public which mention USDA and/or Child Nutrition Program meals and snacks Must offer meals to all participants Collect Annual Racial/Ethnic Data Info Additionally, Sponsors must prominently display the And Justice for All poster. The non-discrimination statement must be on all printed and electronic materials available to the public which mention USDA and/or Child Nutrition Program meals and snacks. Sponsors must offer meals to all participants in a non-discriminatory manner. And, Racial and Ethnic Data must be collected annually. Slide 24 Resources ODE-CNP Website Nutrition Civil Rights CACFP Policy and Procedure Manual: www.ode.state.or.us/go/centermanual Chapter 11 Civil Rights For USDA Civil Rights Resources such as posters, complaint forms, and prototype Civil Rights procedure templates, go to Oregon Department of Education Child Nutrition Programs public website, to the Nutrition Civil Rights page. CACFP Center Sponsors may also reference the CACFP Policy and Procedure manual online, Chapter 11. Hyperlinks to both websites are available on this slide for your convenience.
Slide 25 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 Complaint 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 the 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. This slide shows USDA s nondiscrimination statement. The USDA and the State of Oregon are equal opportunity providers and employers. Slide 26 Questions Thank you for participating in this training. Please contact your assigned specialist if you have any questions.