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11
Civil Rights Civil Rights and and
Child Nutrition Programs Child Nutrition Programs
by by Hawaii Hawaii
Child Nutrition ProgramsChild Nutrition Programs
22
What are What are
Civil Rights?Civil Rights?
33
PurposePurpose
To ensure benefits of CNPs are To ensure benefits of CNPs are available to all eligible people in a available to all eligible people in a nondiscriminatory manner.nondiscriminatory manner.
All Institutions participating in CACFP All Institutions participating in CACFP and receiving federal $$ must and receiving federal $$ must implement civil rights requirements.implement civil rights requirements.
44
Civil Rights LawsCivil Rights Laws
Title VITitle VI of Civil Rights Act of 1964- of Civil Rights Act of 1964- Race, Color, National OriginRace, Color, National Origin
Title IXTitle IX of Education Amendment of of Education Amendment of 1972-1972-SexSex
Section 504Section 504 of Rehabilitation Act of of Rehabilitation Act of 1973- 1973- DisabilityDisability
Age Discrimination Act of 1975- Age Discrimination Act of 1975- AgeAge
Civil Rights Restoration Act of 1987Civil Rights Restoration Act of 1987
55
Heart of Title VIHeart of Title VI
No person in the United States shallNo person in the United States shall,, on ground of race, color or national on ground of race, color or national originorigin,, be excluded from participation be excluded from participation in, be denied the benefits of, or be in, be denied the benefits of, or be subjected to discrimination under subjected to discrimination under any program receiving Federal any program receiving Federal financial assistance. financial assistance.
66
Areas of ComplianceAreas of Compliance
Training (Annually)Training (Annually) AssurancesAssurances Public Notification SystemPublic Notification System Data CollectionData Collection Limited English ProficiencyLimited English Proficiency Reasonable Accommodation Reasonable Accommodation
of Persons with Disabilitiesof Persons with Disabilities
77
Areas of ComplianceAreas of Compliance ((continued)continued)
Customer ServiceCustomer Service Conflict ResolutionConflict Resolution Complaint ProcedureComplaint Procedure Compliance ReviewCompliance Review Resolution of NoncomplianceResolution of Noncompliance
88
Civil Rights TrainingCivil Rights Training
All staff should:All staff should:
Receive training on compliance Receive training on compliance annuallyannually
Identify complaintsIdentify complaints
Handle complaints in accordance with Handle complaints in accordance with proceduresprocedures
Understand basic right of individual to Understand basic right of individual to file complaintfile complaint
99
What What
is is
Discrimination?Discrimination?
1010
DiscriminationDiscrimination
Different treatment that makes a Different treatment that makes a distinction of one person or a distinction of one person or a group of persons from others; group of persons from others; either intentionally, by neglect or either intentionally, by neglect or by actions or lack of actions, by actions or lack of actions, based on based on “protected classes.”“protected classes.”
1111
CNPs have six CNPs have six ““protectedprotected classes”classes”
RaceRaceColorColorSexSexAgeAgeNational OriginNational OriginDisabilityDisability
1212
DiscriminationDiscrimination
DDelayed elayed receiving benefits or services receiving benefits or services others receiveothers receive
DDenied enied benefits or services others receive benefits or services others receive
TreatedTreated DDifferentlyifferently than others to their than others to their disadvantagedisadvantage
Given Given DDisparateisparate treatment for something treatment for something which does not seem discriminatory, but has a which does not seem discriminatory, but has a discriminatory impact.discriminatory impact.
The 4 The 4
““D”sD”s When an individual or group of individuals are:
1313
NondiscriminationNondiscrimination
Is CACFP meal benefit forms (MBF) distributed Is CACFP meal benefit forms (MBF) distributed and processed in a nondiscriminatory manner?and processed in a nondiscriminatory manner?
Is the MBF accessible to all?Is the MBF accessible to all?
Is distribution done in a way that is fair and does Is distribution done in a way that is fair and does not discriminate within the six protectednot discriminate within the six protected classes?classes?
Does meal service allow equal participation Does meal service allow equal participation regardless of race, color, sex, age, national origin, regardless of race, color, sex, age, national origin, or disability?or disability?
1414
AssurancesAssurances
To qualify for Federal assistanceTo qualify for Federal assistance, , entity must provide written assurance entity must provide written assurance that CNP will operate in compliance with that CNP will operate in compliance with all nondiscrimination laws, regulations, all nondiscrimination laws, regulations, instructions, policies, and guidelines. instructions, policies, and guidelines.
In “Agreement Between the Institution and the In “Agreement Between the Institution and the Department of Education”Department of Education”
1515
““And Justice For All”And Justice For All”
Poster must be Poster must be displayed in a displayed in a prominent area prominent area where participants where participants and potential and potential participants have participants have ready accessready access
1616
Materials requiring nondiscrimination Materials requiring nondiscrimination statement include:statement include:
Meal Benefit FormsMeal Benefit Forms MenusMenus Employee HandbookEmployee Handbook NewslettersNewsletters FlyersFlyers WebsitesWebsites Brochures Brochures AdvertisementAdvertisement
1717
Nondiscrimination Statement Nondiscrimination Statement VersionsVersions
““In accordance with Federal Law and U.S. Department of In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992 (Voice). Individuals who are or call toll free (866) 632-9992 (Voice). Individuals who are hearing impaired or have speech disabilities may contact hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.”provider and employer.”
““This institution is an equal opportunity provider.This institution is an equal opportunity provider.” ” This, at the very least, must be on all documents pertaining This, at the very least, must be on all documents pertaining to school meals programs.to school meals programs.
1818
Public NotificationPublic Notification
All sites must provide materials in All sites must provide materials in appropriate translations concerning appropriate translations concerning availability and nutritional benefits of availability and nutritional benefits of meals in CNPs.meals in CNPs.
USDA NSLP translations web site: USDA NSLP translations web site: http://www.fns.usda.gov/cnd/frp/frp.process.htm
All CNPs must display 11x17 “And Justice All CNPs must display 11x17 “And Justice For All” nondiscrimination poster in a For All” nondiscrimination poster in a prominent place.prominent place.
1919
Public Notification Public Notification (continued) (continued)
CNPs must make program information CNPs must make program information available to public upon request. available to public upon request. – Free & Reduced Price Press ReleaseFree & Reduced Price Press Release
Upon initial visit, parents must be given Upon initial visit, parents must be given specific program information pertinent to specific program information pertinent to receipt of benefits through CNPs. receipt of benefits through CNPs. – Meal Benefit FormMeal Benefit Form
Nondiscrimination statement and a Nondiscrimination statement and a procedure for filing a complaint must be procedure for filing a complaint must be readily available to households readily available to households participating in program.participating in program.
2020
Data Collection and MaintenanceData Collection and Maintenance
Ensure that racial/ethnic data are collected Ensure that racial/ethnic data are collected annually and maintained on file for 6 years + annually and maintained on file for 6 years + current year for each sitecurrent year for each site
Two Categories shall be used when collecting Two Categories shall be used when collecting and reporting race and ethnicityand reporting race and ethnicity
1.)1.)EthnicityEthnicity- Hispanic or Latino- Hispanic or Latino2.)2.)RaceRace- American Indian or Alaskan Native- American Indian or Alaskan Native
Black or African AmericanBlack or African American Native Hawaiian or Other Pacific IslanderNative Hawaiian or Other Pacific Islander WhiteWhite
Asian Asian
2121
Data Collection and MaintenanceData Collection and Maintenance(continued)(continued)
Complete Civil Rights Ethnic Data Report Complete Civil Rights Ethnic Data Report annually by October 31.annually by October 31.
Parents are asked to voluntarily identify Parents are asked to voluntarily identify racial/ethnic group of children on MBF.racial/ethnic group of children on MBF.
Visual identification may be used by Visual identification may be used by Institution to determine a child’s Institution to determine a child’s racial/ethnic category. racial/ethnic category. (for At-Risk and (for At-Risk and Emergency Shelters)Emergency Shelters)
2222
Limited English ProficiencyLimited English Proficiency
If a significant number or proportion If a significant number or proportion of eligible population needs service of eligible population needs service or information in a language other or information in a language other than English to be informed of or to than English to be informed of or to participate, the institution shall take participate, the institution shall take reasonable steps to provide reasonable steps to provide appropriate language translations to appropriate language translations to such persons.such persons.
2323
Limited English Proficiency Limited English Proficiency (continued)(continued)
Consider ….Consider …. Number of Number of Limited English Limited English
ProficiencyProficiency individuals participating individuals participating in CNPin CNP
Frequency of contact Frequency of contact
Nature and importance of ProgramNature and importance of Program
Resources availableResources available
2424
Reasonable Accommodation ofReasonable Accommodation ofPersons with DisabilitiesPersons with Disabilities
DisabilityDisability: physical or mental impairment which : physical or mental impairment which substantially limits one or more of an individual’s substantially limits one or more of an individual’s major life activities, has a record of such an major life activities, has a record of such an impairment, or is regarded as having such an impairment, or is regarded as having such an impairmentimpairment
Disabilities are defined based on Section 504 of Disabilities are defined based on Section 504 of the Rehabilitation Act/Americans with Disabilities the Rehabilitation Act/Americans with Disabilities Act and Part B of Individuals with Disabilities Act and Part B of Individuals with Disabilities Education Act (IDEA)Education Act (IDEA)– Examples: Orthopedic, visual, speech, hearing Examples: Orthopedic, visual, speech, hearing
impairments; cerebral palsy; epilepsy; muscular impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; dystrophy; multiple sclerosis; cancer; heart disease; food anaphylaxis (severe food allergy); metabolic food anaphylaxis (severe food allergy); metabolic diseases (such as diabetes) diseases (such as diabetes)
2525
What is the school’s responsibility What is the school’s responsibility to children with disabilities?to children with disabilities?
Provide facilities for participants with disabilitiesProvide facilities for participants with disabilities– Examples: accessible parking lots, entrances and Examples: accessible parking lots, entrances and
exits, halls, elevators, restrooms, service animals, exits, halls, elevators, restrooms, service animals, alternative arrangements for servicealternative arrangements for service
Provide appropriate information in alternative Provide appropriate information in alternative formats for persons with disabilitiesformats for persons with disabilities– Example: Braille program materials, sign language Example: Braille program materials, sign language
interpretersinterpreters
Provide food substitutions for students with Provide food substitutions for students with disabilities when documented in writing by a disabilities when documented in writing by a licensed physicianlicensed physician
2626
Customer ServiceCustomer Service All students must be allowed equal All students must be allowed equal
opportunities to participate in CN opportunities to participate in CN programs regardless of race, color, programs regardless of race, color, national origin, sex, age, disabilitynational origin, sex, age, disability
All participants must be treated in the All participants must be treated in the same manner same manner (i.e. seating arrangements, serving lines, (i.e. seating arrangements, serving lines, services and facilities, assignment of services and facilities, assignment of eating periods, methods of selection for eating periods, methods of selection for meal benefit approval and verification meal benefit approval and verification processes)processes)
2727
Conflict ResolutionConflict Resolution
USDA recommends using an USDA recommends using an Alternative Dispute Resolution (ADR) Alternative Dispute Resolution (ADR) programprogram
– ADR: use of a neutral third party ADR: use of a neutral third party (usually a person acting as a facilitator) (usually a person acting as a facilitator) to resolve informally a complaint of to resolve informally a complaint of discrimination through use of various discrimination through use of various techniques techniques
2828
RecognizingRecognizing aa
Civil Rights Civil Rights ComplaintComplaint
2929
Complaints of unequal Complaints of unequal treatment can be:treatment can be:
–VerbalVerbal–In writingIn writing–ObservedObserved
3030
Handling a ComplaintHandling a Complaint
CACFP Civil Rights Official enters CACFP Civil Rights Official enters complaint on log.complaint on log.
Complete Complete Civil Rights Complaint FormCivil Rights Complaint Form in in the Civil Rights Procedures Logthe Civil Rights Procedures Log
Resolve at the site level. Resolve at the site level. Submit complaint report to OHCNP within Submit complaint report to OHCNP within
5 working days.5 working days.
3131
How soon does How soon does a complaint need to be filed?a complaint need to be filed?
Complainant has up to 180 days from Complainant has up to 180 days from alleged incident to file a complaint.alleged incident to file a complaint.
3232
Civil Rights Complaint Procedure
.
Civil Rights complaint received by Institution(verbal or written)
Civil Rights complaint documentedin Civil Rights Complaint Log
Institution gives complainant Civil Rights Complaint Form or
Institution assists complainant to complete Form.
If complainant returns Civil Rights Complaint Form to Institution,
Institution forwards Civil Rights Complaint Form to HCNP within 5 working days
3333
Civil Rights Complaint LogCivil Rights Complaint Log
MMust be datedust be dated
Keep for current + 6 years, Keep for current + 6 years, even if no complaints have even if no complaints have been receivedbeen received
3434
JFA poster on front coverJFA poster on front cover Sections for Sections for
1) Institution CR complaint procedure1) Institution CR complaint procedure
2) CR complaint forms and log (make copies)2) CR complaint forms and log (make copies)..
4) FNS Instructions 113-14) FNS Instructions 113-1
5) Training forms – Sign-in sheet, agenda, etc. 5) Training forms – Sign-in sheet, agenda, etc. Civil Rights Coordinating Official must sign Civil Rights Coordinating Official must sign
complaint log.complaint log.
CNP Civil Rights Procedure Manual
3535
Civil Rights Complaint FormCivil Rights Complaint Form
CR Complaint FormCR Complaint Form must be readily must be readily available at all sites for all staff.available at all sites for all staff.
Make every attempt to help Make every attempt to help complainant complete complainant complete CR CR Complaint Form. Complaint Form.
If household cannot fill out If household cannot fill out complaint form, the is responsible complaint form, the is responsible to document complaint.to document complaint.
3636
Compliance Review Compliance Review PurposePurpose
To ensure that CNPs are in compliance To ensure that CNPs are in compliance with Civil Rights Requirementswith Civil Rights Requirements
3737
NoncomplianceNoncompliance
There are NO “minor” or “major” There are NO “minor” or “major” categories of noncompliance. All categories of noncompliance. All instances of non-compliance are instances of non-compliance are considered equally.considered equally.
No matter the level or severity of No matter the level or severity of noncompliance, it must be noncompliance, it must be reported and it must be reported and it must be corrected.corrected.
3838
Examples of NoncomplianceExamples of Noncompliance
Denying an individual or household the Denying an individual or household the opportunity to apply for FNS program benefits opportunity to apply for FNS program benefits or services on the basis of race, color, sex, or services on the basis of race, color, sex, age, national origin, or disabilityage, national origin, or disability
Providing FNS program services or benefits in Providing FNS program services or benefits in a dissimilar manner on the basis of race, a dissimilar manner on the basis of race, color, sex, age, national origin, or disabilitycolor, sex, age, national origin, or disability
– Example: Serving lunch to an African Example: Serving lunch to an African American child but serving a snack/modified American child but serving a snack/modified meal to an Asian American childmeal to an Asian American child
3939
Examples of NoncomplianceExamples of Noncompliance
Selecting FNS program sites or facilities in a Selecting FNS program sites or facilities in a manner that denies an individual access to manner that denies an individual access to FNS program benefits, assistance, or services FNS program benefits, assistance, or services on the basis of the six protected classes on the basis of the six protected classes (race, color, national origin, etc.)(race, color, national origin, etc.)
– Example: Serving breakfast in some sites but Example: Serving breakfast in some sites but not at sites located in areas with a high not at sites located in areas with a high proportion of children with disabilities or a high proportion of children with disabilities or a high proportion of minority studentsproportion of minority students
4040
Resolution of NoncomplianceResolution of Noncompliance
If noncompliance is indicated, a corrective If noncompliance is indicated, a corrective action plan must be implemented action plan must be implemented immediately to achieve voluntary immediately to achieve voluntary compliance within 60 dayscompliance within 60 days
Corrective Action PlanCorrective Action Plan: a plan : a plan describing the agency’s actions to be describing the agency’s actions to be taken to resolve noncompliance with civil taken to resolve noncompliance with civil rights requirementsrights requirements
4141
Common Review FindingsCommon Review Findings
And Justice for AllAnd Justice for All poster is not visible poster is not visible where parents and the general public where parents and the general public can read itcan read it
Nondiscrimination statement is Nondiscrimination statement is missing from CNP documentsmissing from CNP documents
Civil Rights FileCivil Rights File is not complete is not complete Log, complaint process, training sign-in sheetLog, complaint process, training sign-in sheet
4242
Civil Rights “Must Do List”Civil Rights “Must Do List”
Offer all CNPs in a nondiscriminatory Offer all CNPs in a nondiscriminatory
manner so that all students have equal manner so that all students have equal access to CACFP meals.access to CACFP meals.
Complete Civil Rights Ethnic Data Complete Civil Rights Ethnic Data Report annually by Oct 31.Report annually by Oct 31.
Train staff annually on Civil Rights Train staff annually on Civil Rights compliance. compliance.
Implement Complaint Procedure.Implement Complaint Procedure.
4343
Civil Rights “Must Do List”Civil Rights “Must Do List” (continued)(continued)
Make available CNP Civil Rights Make available CNP Civil Rights procedures and forms.procedures and forms.
Prominently display the “Prominently display the “And Justice And Justice for All”for All” poster. poster.
Place nondiscrimination statement Place nondiscrimination statement on all printed CNP materials available on all printed CNP materials available to public including web site.to public including web site.
4444
Thank You
4545
““In accordance with Federal Law and U.S. In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992 (Voice). Individuals who are (866) 632-9992 (Voice). Individuals who are hearing impaired or have speech disabilities may hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and USDA is an equal opportunity provider and employer.”employer.”