USDA Civil Rights Requirements Idaho State Department of Education Child Nutrition Programs Child and Adult Care Food Program 2011
Introduction • Civil Rights Regulations are intended to assure that benefits of CACFP are made available to all eligible persons in a non-discriminatory manner • All sponsors receiving Federal $$ must implement Civil Rights requirements to be eligible for all Child Nutrition Programs • Food and Nutrition Service (FNS) instruction 113 is the federal regulation governing Civil Rights in the Child Nutrition Programs
The 3 “D”s Discrimination is: …when an individual or group of individuals are: • Denied benefits or services that others receive • Delayed receiving benefits or services that others receive, or • TreatedDifferentlythan others to their disadvantage
Protected Classes • Race • Color • National origin • Age • Sex • Disability
Collection of Racial and Ethnic Data Ethnic and Racial Data from Your Service Area(Potential Applicants) SDE provides census data by county to you to meet this requirement. This will need to be updated with the 2010 census numbers when they are available. Report as a PERCENTAGE.
Collection of Racial and Ethnic Data Collect Annually: Ethnic and Racial Data about the Actual Participants Sponsor collects data from Free and Reduced Applications, or staff may make a visual identification of participants’ category. Report ACTUAL number – by October 31 each year in CNP 2000
2 Ethnic Categories • Hispanic or Latino persons of Cuban, Mexican, Puerto Rican, South or Central American or other Spanish culture or origin regardless of race. • Not Hispanic or Latino
5 Racial Categories • Black or African American (persons having origins in any of the black racial groups of Africa) • Asian (includes the Far East, Southeast Asia, or the Indian subcontinent including Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam) • American Indian (North, Central and South American Indians) & Alaska Native • White (persons having origins in any of the original peoples of Europe, the Middle East, or North Africa) • Native Hawaiian or Other Pacific Islander (Native Hawaiians, Guamanians, Samoans, Carolinian, Fijian, Kosraean, Melanesian, Micronesian, Northern Mariana Islander, Palauan, Papua New Guinean, Ponapean (Pohnpelan) Polynesian, Solomon Islander, Tahitian, Tarawa Islander, Tokelauan, Tongan, Trukese (Chuukese) and Yapese)
Public Release • News Media Notification—Annually submit a public release to the local news media describing your specific program. • Minority and Grass Roots Organizations—All CACFP institutions are required to contact minority and grassroots organizations to recruit potential participants.
Procedures • Upon request, make available to the public, participants and potential participants, information about • Program eligibility • Benefits and services • Procedures for filing a complaint, in English and/or in the appropriate translation to non-English speaking persons. • If needed use alternative means of communication (Braille, large print, audiotape, etc.).
Procedures for Filing a Complaint 1. Right To File A Complaint Any person alleging discrimination based on race, color, national origin, sex, age, or disability has a right to file a complaint within 180 days of the alleged discriminatory action. Under special circumstances this time limit may be extended by the Office of Civil Rights (OCR).
Procedures for Filing a Complaint 2. Acceptance All civil rights complaints, written or verbal, shall be accepted and forwarded to the state agency to be forwarded to the Civil Rights Division at WRO. It is necessary that the information be sufficient to determine the identity of the agency or individual towards which the complaint is directed, and to indicate the possibility of a violation. Anonymous complaints should be handled as any other complaints.
Procedures for Filing a Complaint 3. Verbal Complaints In the event a complainant makes the allegations verbally or through a telephone conversation and refuses or is not inclined to place such allegations in writing, the person to whom the allegations are made shall write up the elements of the complaint for the complainant. Every effort should be made to have the complainant provide the following information.
Components of Verbal Complaints • Contact information for the complainant. • The specific location and name of the entity delivering the service or benefit. • The nature of the incident or action that led the complainant to feel discrimination was a factor. • The basis on which the complainant feels discrimination exists (race, color, national origin, sex,age, or disability). • The names, titles, and business addresses of persons who may have knowledge of the discriminatory action. • The date(s) during which the alleged discriminatory actions occurred or, if continuing, the duration of such actions.
Sample Civil Rights Complaint Procedure Exhibit 10 in Center Manual • If a complainant returns a complaint form or provides a verbal complaint the sponsor must forward the complaint to the State Agency within three working days.
Civil Rights (CR) Complaint Form • CR Complaint Form must be readily available at all sites • Sponsor must make every attempt to help complainant complete CR Complaint Form • If complainant returns CR Complaint Form to sponsor, it must be forwarded to SDE with in 3 working days of receipt by sponsor
Civil Rights Complaint Log All discrimination complaints must be documented in the Civil Rights complaint log Log must be dated with Year and kept for 3 years + current FY, even if no complaints have been received
Civil Rights Training • All staff involved in CACFP must receive annual training on Civil Rights requirements. Topics to cover: • What is discrimination? • Collecting and recording racial and ethnic data • Where to display “And Justice for All” posters • What is a Civil Rights complaint? • How to handle a Civil Rights complaint
“And Justice For All” Poster must be placed in a prominent area where participants and potential participants have ready access
Nondiscrimination Statement – Long version • Non-Discrimination Statement: This explains what to do if you believe you have been treated unfairly. “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.”
Statement Usage Information • The full statement is the preferred statement on all documents anytime the USDA food programs are referred to in brochures, bulletins, leaflets, letters, etc. • The full statement must be used in documents that are more than 1 ½ pages • All statements should be in print size no smaller than the text of thedocument
When a Non-discrimination Statement is Needed Informational Materials that require the Non-discrimination Statement include: • Parent Handbooks • Print or broadcast advertisements • Flyers • Websites • Employee Handbooks • Enrollment Forms • Menus • Newsletters • Brochures
Nondiscrimination Statement - Short version • Sponsors may use the short version on documents mentioning USDA or the CACFP if document is 1 ½ pages or less in length. This institution is an equal opportunity provider.
Sample Civil Rights (CR) Binder Sample CR Binder could look something like this: Separate sections for: • Sponsor’s written CR complaint procedure, • CR complaint Log (dated), • Copies of CR complaint forms (minimum of English and Spanish available)
Common Review Findings • Civil Rights Complaint forms not accessible to all staff at each site • Most current complaint form not available • Staff do not recognize a civil rights complaint when asked and /or are not able to verbalize the civil rights complaint procedure to reviewer
Common Review Findings • Non-discrimination statement missing from public documents that mention or imply USDA and CACFP **(most common finding) • Civil Rights complaint log is not dated annually and kept on file for 3 years plus the current year
Civil Rights Resources • SDE website: www.sde.idaho.gov/site/cnp/
Summary: Civil Rights“Whatcha Gotta Do?” • Offer CACFP in a Non-Discriminatory Manner • Train staff annually on Civil Rights • Develop & fully implement institution’s CR Complaint Procedure • Make available to all staff CR complaint forms, CR log and CR complaint procedure • Non-discrimination statement must be on all printed materials available to the public which mention USDA and/or CACFP meals and snacks
Summary: Civil Rights“Whatcha Gotta Do?” • Prominently display the And Justice for All poster • Collect and report “actual” racial/ethnic data during renewal process annually • Report racial / ethnic data for service area during renewal process annually • Must offer meals to all infants in care