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FNS Instruction 113-1. Civil Rights Training for Food Stamp Programs and Activities. Establish and conveys policy. Ensures compliance with and enforcement of the prohibition against discrimination in all FNS programs and activities, whether federally funded in whole or not. Purpose.

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fns instruction 113 1

FNS Instruction 113-1

Civil Rights Training for Food Stamp Programs and Activities

ODJFS - BCR July 2008

Establish and conveys policy

Ensures compliance with and enforcement of the prohibition against discrimination in all FNS programs and activities, whether federally funded in whole or not


ODJFS - BCR July 2008

fns 113 1 changes
FNS 113-1 Changes
  • Certain procedures related to recent regulatory changes
  • Updates Data Collection Procedures
  • Adds Equal Opportunity for Religious Organizations
  • Revises Complaint Handling Procedures
  • Makes the FNS-113-1 a Single Reference for Civil Rights Compliance and Enforcement

ODJFS - BCR July 2008

3 new sections in fns113 1
3 New Sections in FNS113-1
  • Limited English Proficiency (LEP)
  • Equal Opportunity for Religious Organizations
  • Appendices

ODJFS - BCR July 2008

Title VI of the Civil Rights Act 1964

American with Disability Act

Title IX of the Education Amendments of 1972

Section 504 of the Rehabilitation Act of 1973

Age Discrimination Act of 1975

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996

Food Stamp Act of 1977

Executive Order 13166

USDA Departmental Regulation 4330-2

7CFR Part 16, Equal Opportunity for Religious Organizations


ODJFS - BCR July 2008

protected classes for fns programs
Protected Classes for FNS Programs
  • Race
  • Color
  • National Origin
  • Sex
  • Age
  • Disability
  • Religious Creed and
  • Political Beliefs

ODJFS - BCR July 2008

food stamp program responsibilities fns 113 1
Collection and use of racial/ethnic data

The development of an effective public notification system

A plan for equal access

Reasonable accommodation of persons with disabilities.

Requirements for language assistance

Plan for conflict resolution which includes the development of a complaint procedure

Food Stamp ProgramResponsibilities FNS 113-1

ODJFS - BCR July 2008

7 categories
7 Categories
  • Training
  • LEP
  • Religious Organizations
  • Public Notification and Assurances
  • Data collection
  • Complaints
  • Compliance reviews and Resolution of Non-Compliance

ODJFS - BCR July 2008

civil rights training
Civil Rights Training

ODJFS - BCR July 2008

limited english proficiency lep
Limited English Proficiency (LEP)
  • An LEP individual is a person who is unable to speak, read, write or understand the English language at a level that permits him or her to interact effectively with health and social services agencies and providers.

ODJFS - BCR July 2008

equal opportunity for religious organizations
Equal Opportunity for Religious Organizations
  • Ensures a level playing field for the participation of faith based organizations and other community organizations in USDA programs.

ODJFS - BCR July 2008

public notification
Public Notification
  • Program rights and responsibilities
  • Nondiscrimination policy
  • Procedures for filing a complaint

ODJFS - BCR July 2008

methods of public notification
Methods of Public Notification
  • Prominently display the “And Justice for All” poster.
  • Inform potentially eligibly person, applicants, participants and grassroots organizations of programs or changes in programs.
  • Provide appropriate information in alternative formats for person with disabilities.
  • Include the required nondiscrimination statement on all appropriate FNS and agency publications, websites posters and information materials.
  • Convey the message of equal opportunity in all photos and other graphics that are used to provide or program-related information.

ODJFS - BCR July 2008

nondiscrimination statement
Nondiscrimination 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.

To file a complaint or discrimination write USDA, Director, Office of Civil Rights 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY) and USDA is an equal opportunity provider and employer

ODJFS - BCR July 2008

data collection and reporting
Data Collection and Reporting
  • State agencies, local agencies, and other sub-recipients are required to obtain data by race and ethnic category on potentially eligible populations, applicants and participants in their program service area.

ODJFS - BCR July 2008

collection of data
Collection of Data
  • ODJFS collects racial and ethnic participation for statistical reasons.
  • USDA mandates the collection of racial and ethnic participation data.
  • Racial/ethnic data is required for each applicant/participant at the time of application/certification

ODJFS - BCR July 2008

race ethnic categories two question format
Race & Ethnic Categories Two Question Format


  • Hispanic or Latino
  • Not Hispanic or Latino


  • American Indian or Alaskan Native
  • Asian
  • Black or African American
  • Native Hawaiian or Other Pacific Islander
  • White

ODJFS - BCR July 2008

racial ethnic categories
Racial/Ethnic Categories
  • American Indian or Alaskan Native
  • Asian
  • Black or African American
  • Native Hawaiian or Other Pacific Islander
  • Hispanic or Latino
  • White

ODJFS - BCR July 2008

complaint procedures
Complaint Procedures
  • Rights and Responsibilities
  • Bureau of Civil Rights
  • ODJFS Complaint Processing System

ODJFS - BCR July 2008

compliance reviews resolution of non compliance
Compliance Reviews & Resolution of Non-Compliance
  • USDA FNS Region review state agencies
  • State agencies review local/county agencies
  • Local agencies review their sub-recipients
  • State agency must report significant findings to the reviewed entity and FNS

ODJFS - BCR July 2008

  • A factual finding that any civil rights requirement, as provided by law, regulation policy, instruction, or guidelines is not being adhered to by a State agency, local agency or other sub-recipient are reported.

ODJFS - BCR July 2008


ODJFS - BCR July 2008


ODJFS - BCR July 2008