1 / 40

Civil Rights in School Nutrition Programs Training for Your Local Staff Members

Civil Rights in School Nutrition Programs Training for Your Local Staff Members. Civil Rights Compliance and Enforcement. USDA 7 CFR Parts 210, 215, 220, 225 and 226. FNS 113-1 Iowa Code sections 216.7 and 216.9. Purpose

Download Presentation

Civil Rights in School Nutrition Programs Training for Your Local Staff Members

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Civil Rights in School Nutrition ProgramsTraining for Your Local Staff Members

  2. Civil Rights Compliance and Enforcement • USDA 7 CFR Parts 210, 215, 220, 225 and 226. • FNS 113-1 • Iowa Code sections 216.7 and 216.9.

  3. Purpose Ensures compliance with and enforcement of the prohibition against discrimination in all nutrition programs Purpose and Authority

  4. Requirements • Provide public notification • Collect & report racial & ethnic data • Provide reasonable accommodations • Limited English Persons • Disabilities • Handle civil rights complaints according to prescribed procedures • Conduct annual civil rights training • Conduct compliance reviews, as applicable

  5. Policy • USDA (Federal) Protected Classes for Child Nutrition Programs • Race • Color • National Origin • Age • Sex • Disability

  6. Iowa Protected Classes • Adds protections for persons with regard to issues related to creed, sexual orientation, gender identity, or religion. • Adopts all other Federal protected classes except for age discrimination. • All Federal Child Nutrition Programs operating in the state of Iowa must adopt both Federal and State protected classes.

  7. Inform applicants, participants, and potentially eligible persons of: Program availability Program rights and responsibilities Procedure for filing a complaint Policy of nondiscrimination PUBLIC NOTIFICATION

  8. PUBLIC NOTIFICATION • All informational materials and sources to inform the public about CNPs, must use the following nondiscrimination statement. This includes: • all materials for public information, education or distribution (handbooks, letters) • Web sites • Not required on items such as pens or buttons which identify the program when size makes it impractical

  9. PUBLIC NOTIFICATION “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, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992 (Voice). Individuals who are hearing impaired 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.”

  10. Iowa Notification Statement • “It is the policy of (name of CNP provider) not to discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, disability, or religion in its programs, activities, or employment practices as required by the Iowa Code section 216.7 and 216.9. If you have questions or grievances related to compliance with this policy by (name of CNP Provider), please contact the Iowa Civil Rights Commission, Grimes State Office Building, 400 E. 14th Street, Des Moines, IA 50319-1004; phone number 515-281-4121, 800-457-4416; web site: http://www.state.ia.us/government/crc/index.html.”

  11. PUBLIC NOTIFICATION • If the material is too small to permit the full statement to be included, the material will at a minimum include • “This institution is an equal opportunity provider.” • Also allowed for Internet, radio and TV public service announcements. • Print size for either statement shall be no smaller than the text in the material.

  12. PUBLIC NOTIFICATION • Methods of Public Notification • Must prominently display the “And Justice for All” poster or an FNS approved substitute. • Provide appropriate information in alternative formats for persons with disabilities. • Convey the message of equal opportunity in all photos and other graphics that are used to provide program or program-related information.

  13. PUBLIC NOTIFICATION • Inform applicants, potentially eligible persons, participants and grassroots organizations of program or changes in the program. • Includes information pertaining to: • Eligibility • Benefits • Services • Location of local facilities or service delivery points • Hours of service

  14. PUBLIC NOTIFICATION • Communicate using methods such as: • Internet and computer based applications • Newspaper • Radio/television • Letters/leaflets/brochures • Bulletins

  15. Poster source http://www.fns.usda. gov/cr/justice.htm

  16. CIVIL RIGHTS TRAINING • LEAs are responsible for annually training their front line staff and supervisors who interact with applicants or participants. • Training must be documented.

  17. CIVIL RIGHTS TRAINING Specific subject matter required to be included in training, but not limited to: • Collection and use of data; • Effective public notification systems, • Complaint procedures, • Compliance review techniques, • Resolution of noncompliance, • Requirements for reasonable accommodation of persons with disabilities, • Requirements for language assistance, • Conflict resolution, and • Customer service.

  18. Collecting and Reporting Participant Data • Self-identification or self-reporting is the preferred method of obtaining data. • Program applicants may not be required to furnish ethnicity and race. • Iowa Eligibility Application requests information • Visual observation shall be used when the applicant does not self-identify. • The applicant should be informed that a visual identification of his/her ethnicity and race will be made and recorded.

  19. Collecting and Reporting Participant Data Two Question Format must be used for Ethnic and Racial Categories • Ethnicity: is to be asked first • Hispanic or Latino • Not Hispanic or Latino • Race (Instructions should specify “mark one or more”) • American Indian or Alaskan Native • Asian • Black or African American • Native Hawaiian or Other Pacific Islander • White

  20. Collecting and Reporting Participation Data • Self-identification or self-reporting is the preferred method of obtaining data. • Visual observation shall be used when the applicant does not self-identify • Data collector may not second guess or change or challenge a self declaration unless such declarations are patently false.

  21. Collecting and Reporting Participant Data • Systems must ensure that data collected/retained are: • Collected and retained by the service delivery point for each program • Based on documented records and maintained for 3 years • Maintained under safeguards that restrict access to only authorized personnel • Submitted, as requested, to the FNS Regional or Headquarters Offices.

  22. Examines activities to determine adherence with civil rights requirements COMPLIANCE REVIEWS

  23. RESOLUTION OF NONCOMPLIANCE Definition of “Noncompliance” A factual finding that any civil rights requirement, as provided by law, regulation, policy, instruction, or guidelines, is not being adhered to.

  24. RESOLUTION OF NONCOMPLIANCE • What are some examples of noncompliance? • Denying an individual or household the opportunity to apply for FNS program benefits or services on the basis of a protected class. • Providing FNS program services or benefits in a dissimilar manner on the basis of a protected class (except as a disability accommodation). • Selecting FNS program sites or facilities in a manner that denies an individual access to FNS program benefits, assistance, or services on the basis of a protected class.

  25. RESOLUTION OF NONCOMPLIANCE • If non-compliance is indicated, corrective action must be taken immediately to achieve voluntary compliance within 60 days. • If voluntary compliance is not achieved, the Regional Office will be involved.

  26. COMPLAINTS OF DISCRIMINATION Recognizing a Civil Rights Complaint • Allegation may be based on Race, Color, National Origin, Age, Sex, or Disability under USDA rules. • Allegations in Iowa may also be based on Creed, Religion, Sexual Orientation, or Gender Identification.

  27. COMPLAINTS OF DISCRIMINATION • Complaint must be filed within 180 days (timeframes must be adhered to) • Complaints may be written or verbal as well as anonymous; • Make effort to obtain: • Name, address, and phone number of complainant • Location and name of the LEA delivering the service • Nature of the incident or action • Basis on which the complainant believes discrimination exists (which protected class) (continued on next slide)

  28. COMPLAINTS OF DISCRIMINATION • Names, phone numbers, titles and business or personal addresses of persons who may have knowledge of the action. • Date during which the alleged actions occurred or duration of occurrences. Forward complaint to the State Agency. Complaint forms are available as links in the civil rights training manual.

  29. Sections Added To Civil Rights (November 2005) • Limited English Proficiency (LEP) • Reasonable steps must be taken to ensure meaningful access to the information and services provided for persons with limited English proficiency. • LEP is defined as: Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English.

  30. Sections Added To Civil Rights (November 2005) • Reasonable Steps are contingent on: • Number or proportion of LEP persons served or encountered in the eligible population • Frequency with which LEP individuals come in contact with the program • Nature and importance of the program, activity or service provided by the program • Resources available to the recipient and costs

  31. Sections Added To Civil Rights Resource factors to consider in serving LEP: • Accessibility of a translator • Availability of materials in various languages • Language line phone service may be available for a subscription fee through your local telephone service provider • Translated applications on USDA web site

  32. Assistance For Hearing Impaired • Hearing impaired individuals can find available assistance by going to: • www.relayiowa.com/ for relay services • www.iowastaterid.org/ for sign language interpretation

  33. Sections Added To Civil Rights • Equal Opportunity for Religious Organizations • CNPs encourages the participation of religious organizations on an equal footing with other kinds of local organizations and avoids barriers that would make their participation difficult.

  34. Sections Added To Civil Rights Equal Opportunity for Religious Organizations • This is accomplished by: • Prohibiting discrimination on the basis of religion, religious belief, or religious character in the administration of Federal funds • Allowing a religious organization that participates in USDA programs to retain its independence and continue to carry out its mission.

  35. Sections Added To Civil Rights • USDA funds cannot support any inherently religious activities such as worship, religious instruction, or proselytization. • Faith-based organizations can use space in their facilities to provide USDA-funded service without removing religious art, icons, scriptures, or other religious symbols. • No organization that receives direct financial assistance from the USDA can discriminate against a program beneficiary, on the basis of religion or religious belief.

  36. Customer Service • All participants must be treated in the same manner • Each person receives the same menu items in the same amounts • All persons are included in meals, snacks, activities, and discussions • Each person receives positive comments, as well as constructive education regarding meal time, nutrition, manners, etc. • Standards of behavior are not based on membership in a protected class

  37. FOOD FOR THOUGHT • In order to reduce the risk of a civil rights discrimination complaint, ask yourself the following questions each time an applicant and/or participant comes to your program for services: • Am I treating this person in the same manner I treat others? • Have I informed this person exactly what information I need to make a determination on the application? • Have I given this person the opportunity to ask questions? • Have I provided the person with the information he or she needs to make necessary decisions?

  38. Questions???

  39. Contacts • Patti Harding, 515-281-4754, patti.harding@iowa.gov • Assigned NSLP consultants

More Related