USDA Civil Rights and School Nutrition Programs

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USDA Civil Rights and School Nutrition Programs
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School Nutrition Program Civil Rights

• Understanding Civil RightsAnd Civil Rights
  TrainingIn10 Easy Steps!

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• What is Civil Rights?

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Introduction

• Civil Rights regulations are intended to assure
  that benefits of School Nutrition Programs are
  made available to all eligible people in a
  non-discriminatory manner.

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Introduction

• All programs receiving Federal funds must
  implement Civil Rights requirements to be
  eligible for funds.

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• What
• Is
• Discrimination?

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Discrimination

• is defined as different treatment 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.

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Protected Classes

• Race
• Color
• National origin

• Age
• Sex
• Disability

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• How Do You
• Recognize A
• Civil Rights Complaint?

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Recognizing a Civil Rights Complaint

• A Complaint of unequal treatment can be
• Verbal
• In Writing
• Observed

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Civil Rights Complaint

• A potential Civil Rights complaint may start
  with a phone call, letter, email, fax or any form
  of communication

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Civil Rights Complaint

• Someone may feel they or someone they know, has
  received unequal treatment in the operation of a
  School Nutrition Program -food service
  -program administration -employment

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Discrimination is
The 4 Ds

• Delayed receiving benefits or services that
  others receive
• Denied benefits or services that others receive

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Discrimination is
The 4 Ds

• Treated Differently than others to their
  disadvantage
• Given Disparate treatment, something which does
  not seem discriminatory, but has a discriminatory
  impact

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• What do you do if you receive a
• Civil Rights complaint?

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Develop a Procedure Plan

• Develop and implement a written procedure to
  handle any discrimination complaint that may be
  received.

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How Long Do They Have To File a Complaint?

• A person may file a complaint within 180 days of
  the alleged discriminatory action.

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Where Do They Send The Complaint? Complainants
may directly contact

• USDA
• State Agency
• FNS Civil Rights Division

• FNS Regional Office or
• Local school system

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Complaint Procedure

• A complaint can be investigated and resolved
  locally, but the complaint must be reported to
  the State Agency immediately after it is received.

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Misunderstandings vs. Official Complaint

• When a misunderstanding, not an official
  complaint, can be resolved at the local level,
  neither Federal or State notification is
  necessary.

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How to Handle a Complaint

• A complaint form is included in the FNS
  Instruction 113-1, Appendix E.
• Any local forms must include all FNS
  Instructions 113-1 information.

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Civil Rights Complaint Procedure

• Receipt of the complaint
• Complaint is documented
• Procedures are implemented
• The State Agency is notified
• Complaint is documentation and maintained on
  file.

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Civil Rights Complaint Form

• Forms are available at all sites
• Assist with completing the form
• Notify the State Agency
• Forms must be filed and available for USDA and
  State Agency

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• What do I do with the
• And Justice For All
• Poster?

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And Justice For All

• Poster must be placed in a prominent area where
  participants and potential participants have
  ready access

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• When do I use the
• Nondiscrimination
• Statement?

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Nondiscrimination Statement Long version

• 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.
• To file a complaint of discrimination write
• USDA, Director, Office of Adjudication, 1400
  Independence Avenue, S. W., Washington, D.C.
  20250-9410 or call toll free [phone]
  (Voice). Individuals who are hearing impaired or
  have speech disabilities may contact USDA through
  the Federal Relay Service at [phone] or
  [phone] (Spanish).

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Where a Non-discrimination Statement is Needed

• Informational Materials

• Enrollment Forms
• Menus
• Employee Handbooks
• Newsletters

• Parent/Student Handbooks
• Print/broadcast ads
• Flyers
• Websites
• Brochures

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Nondiscrimination Statement - Short version

• Can be used on documents which mention the
  School Nutrition Program, USDA, is a one page
  (front and back) or less in length.
• This institution is an
• equal opportunity provider.

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• Who needs to have the Civil Rights information?

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• Complaint forms and procedure information at
  every site
• Discrimination Information available to all
  School Nutrition personnel
• Complaint information must be retained for 5
  years plus the year it was created.

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• What does GaDOE School Nutrition look for at a
  review?

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Common Review Findings

• Civil Rights complaint forms not accessible to
  all staff at each site
• Staff do not recognize a civil rights complaint
  when asked and/or are not able to verbalize the
  Civil Rights complaint procedure to reviewer

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Common Review Findings

• And Justice for All poster is not visible where
  students, parents and the general public can see
  and read
• Non-discrimination statement is wrong or missing
  from documents

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• Are there any resources for us to use?

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Civil Rights Resources

• FNS INSTRUCTION 113-1
• Establishes and conveys policy
• Guidance and direction
• Ensures compliance
• Your Area Consultant

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• What is a summary of what School Nutrition must
  do for Civil Rights?

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Summary Civil RightsMust Do List?

• Offer any School Nutrition Program in a
  non-discriminatory manner
• Train staff annually on Civil Rights

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Summary Civil RightsMust Do List?

• Develop fully implement a Civil Rights
  complaint procedure
• Make available to all staff any Civil Rights
  complaint forms and complaint procedure

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Summary Civil RightsMust Do List?

• Prominently display the
• And Justice for All poster
• Must offer meals to all students in the school

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Summary Civil RightsMust Do List?

• Non-discrimination statement must be on all
  printed materials available to the public which
  mention USDA and/or School Nutrition Program
  meals and snacks

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Thank You