U.S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff NIFA-EOS NERAOC May 23-26, 2011 Anchorage, Alaska 1 December

U.S. Department of AgricultureNational Institute of Food And Agriculture

Equal Opportunity Staff

NIFA-EOS NERAOC May 23-26, 2011 Anchorage, Alaska

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December 8, 2010--President Barack ObamaDecember 8, 2010--President Barack Obama

“Today I have signed into law H.R. 4783, the ‘Claims Resolution Act of 2010.’ This Act, among other things, provides funding and statutory authorities for the settlement agreements reached in the Cobell lawsuit brought by Native Americans; the Pigford II lawsuit brought by African American farmers”.




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2011 National Extension and Research2011 National Extension and ResearchAdministrative Officer’s ConferenceAdministrative Officer’s Conference

May 23, 2011May 23, 2011

“ Measuring Success: Program Civil Rights Data Collection”

Norman E. Pruitt Dallas L. Holmes National Program Compliance Review Leader Associate Professor

Nancy Corley Extension and Continuing EducationEqual Opportunity Specialist Utah State UniversityU.S. Department of Agriculture National Institute of Food and Agriculture




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CODE OF FEDERAL REGULATIONS (CFR)

7 CFR part 15 —Nondiscrimination on the basis of race, color, or national origin

CFR part 5, Subpart A“Nondiscrimination in Federally-Assisted Programs of the USDA—

Effectuation of Title VI of the Civil Rights Act of 1964” 7 CFR part 15a.1 —“The purpose of this part is to effectuate Title IX of the

Education Amendments of 1972, Discrimination on the basis of Sex in any education program or activity receiving federal financial assistance…”

7 CFR part 15b—Nondiscrimination on the basis of HANDICAP in program or activities receiving federal financial assistance

7 CFR 15B.1 “The purpose of this part is to implement section 504 of the Rehabilitation Act of 1973…. {Also American Disability Act of 2008}

45 CFR PART 90– Nondiscrimination on the basis of AGE in programs or activities receiving federal financial assistance (Health and Human

Services)




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Memorandum dated April 21, 2009-Secretary Memorandum dated April 21, 2009-Secretary Thomas J. VilsackThomas J. Vilsack

“The Assistant Secretary for Civil Rights will…fully implement automated corporate race, ethnicity, sex, national origin, disability, and age data collection for FSA, NRCS, and RD at the field office level by October 1, 2009, after which we will develop a corporate proposal for data collection across USDA”.

Dallas L. Holmes, EdDDallas L. Holmes, EdDUtah State UniversityUtah State UniversityAssociate Professor Extension and Continuing Associate Professor Extension and Continuing EducationEducation

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All Extension faculty report in Digital Measures the University-wide

accountability system.

Female White Male whiteFemale Black Male BlackFemale Hispanic Male HispanicFemale Asian/PacificFemale Am Indian

Male Asian/PacificMale American Indian

LEP (limited English proficiency)

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If instructor prepares special materials or provides interpreters for program accommodation

LEP individuals may already be reported by race and ethnicity in the face-to-face contact table

LEP report field captures numbers of persons served who receive program accommodation due to limited English proficiency

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“Contact" refers to the interaction of two or more individuals face-to face in an educational experience or Extension-related business

Contacts occur in conferences, consultations,

workshops, seminars, meetings, field days, and demonstrations

More than one contact with the same individual during a single day should be reported (counted) if the contacts occur in different program emphasis areas

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Capturing Face-to-Face Contacts for input into Digital Measures

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Total Total one race

White Black American IndianAlaska Native

Asian Native Hawaiian/Pacific Islander

Some Other Race

Two or more Races

Hispanic/Latino

(any race)

516,514 502,528 461,775 2,799 3,074 7,032 3,905 23,943 14,036 55,793

100% 91.9% .06% .06% 1.4% .07% 4.8% 2.7% (11.1%)

Hispanic % is notation only as Latino is reported as ethnicity for any race recorded

SAMPLE COUNTY

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Ethnicity with Highest Population in Utah

Utah White Population = 29.3%

Extension Contacts 20102,379,560 = 29.3% 698,031

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1. Review contacts made with each race/ethnicity

2. Compare contact data with the current US Census for Utah

3. Consider percentage served for each race/ethnicity

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4.Use the race/ethnicity with the highest percentage contacted (prior year)as the goal for all other groups

5. Equity in contacts =parity goal of 29.3% for all races/ethnicities in the state, and all counties

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BOX ELDER COUNTY

Race/Ethnicity Number of contacts

% to total

WHITE M/F 25,337 96%

BLACK M/F 35 0%

HISPANIC M/F 742 3%

ASIAN M/F 163 1%

AMIND M/F 16 0%

TOTAL 26,293 100%

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Box Elder County

Race/Ethnicity

County % Reached

State Parity Goal

% to Total Census

% to TotalReached

WHITE M/F25,377/45,861

55.3% 29% 92% 96%

BLACK M/F35/172

20.3% 29% --- ---

HISPANIC M/F742/4152

17.8% 29% 8.3% 3%

ASIAN M/F163/443

36.8% 29% .08% 1%

AMIND M/F16/412

3.9% 29% .08% ---

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Trend and demographic data underpin “where we are” and help us chart “where we should be.”

Knowledge of “where we are” helps establish targeted marketing approaches to underserved groups.

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Comparisons from year to year give faculty trends to guide planning.

With seven years of data – trend lines become apparent to county faculty (clarity of direction).

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Web-based tool to assess understanding with online “help”

Seven years of quantitative data: Guides qualitative training:

◦Diversity Discussion Kits◦Heads-up Newsletter Topics◦Extension Diversity Website resources◦Training focus at Civil Rights reviews

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Faculty and staff role statements include a civil rights component and expectation

Annual Plan of Work Reporting on significant civil rights program applications

Annual Faculty Reviews – personal contact data reviewed.

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Contact data available to tenure and promotion committees

Best practices in civil rights/diversity applications identified from annual reports

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NIFA CIVIL RIGHTS REVIEW AREAS OF CIVIL RIGHTS CONCERN/INTERESTS

Quantity and quality in the collection and reporting of programmatic race/ethnicity and gender data to measure the overall status of

compliance . Identifying potential audiences, program planning, and data collection. Applicability of Civil Rights Laws to all recipients of federal financial

assistance (7CFR 15) supported by Research. Accessibility to the disabled and public notification for accommodation. Racial/ethnic and gender composition of committees/boards. Limited English Proficiency (LEP) procedures and process and National Origin discrimination.




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May 23, 2011May 23, 2011

“ Above and Beyond the Letter of the Law”National Origin-Limited English Proficiency

Norman E. Pruitt Nancy Corley National Program Compliance Review Leader Equal Opportunity Specialist

U.S. Department of Agriculture U.S. Department of Agriculture National Institute of Food and Agriculture National Institute of Food and Agriculture




Above and Beyond the Letter of the Law

An Interactive Case Study in Teams

Craft a Startup Limited English Proficiency (LEP) Pilot Project

Takeaway: LEP Tool Kit

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Title VI National Origin

Prohibits discrimination on the basis of “race, color, or national origin…under any program or activity receiving Federal financial assistance.”

42 U.S.C. Section 2000d-4a(4)42 U.S.C. Section 2000d-4a(4)

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Executive Order 13166

Specifies the provision of language assistance to limited English proficient individuals so that

• They may understand and exercise important rights

• Comply with responsibilities• Access and understand information provided by

federally funded activities and programs

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The Four LEP Factors




Language Assistance Measures

• Applications/notification in translation

• Telephone relay interpretation

• Web pages in translation

• Program interpretation

• Low-literacy or mixed-literacy materials

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Case Instructions

• Read individually (3 minutes)• Develop answer(s) with team (10 minutes)• TAKE NOTES IN YOUR HANDOUTS!

(If you should finish early have fun with the BONUS BRAIN WORKOUT p. 8)

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Considerations

• How long have they been in U.S.?• How many are foreign-born?• How many in labor force?• What age on arrival?• How many are

bilingual?

A large population of Latinos does not mean you

need a proportionately

large LEP program.

A large population of Latino residents does not, in itself, mean you need a proportionately large LEP program.

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Health and Safety Subject Matter is Generally of High Importance in an LEP Plan

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New Populations Have Greater Needs

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Use Startup Projects to Build Capacity

• All program areas are important• Use startup projects to learn and collect data• Use data and early successes to attract funding for next

steps• Be sure your plan has contingencies for serving even

one or two people with LEP needs

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CODE OF FEDERAL REGULATIONS (CFR)

7 CFR part 15 —Nondiscrimination on the basis of race, color, or national origin

CFR part 5, Subpart A“Nondiscrimination in Federally-Assisted Programs of the USDA—Effectuation of Title VI of the Civil Rights Act of 1964




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May 25, 2011May 25, 2011

“ Accommodation: It’s Not Just Curb Cuts Anymore!”Services and Accommodation for the Disabled

Norman E. Pruitt Nancy Corley National Program Compliance Review Leader Equal Opportunity Specialist

U.S. Department of Agriculture U.S. Department of Agriculture National Institute of Food and Agriculture National Institute of Food and Agriculture



NIFA EOS NERAOC –May 23, 2010 Anchorage, Alaska

Restores intent and protections of the ADA of 1990defines hearing, seeing, speaking, reading, concentrating, thinking, and communicating as major life activities specifies auxiliary aids and services for hearing and visual impairments

ADA Amendments Act of 2008

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Federal Rehabilitation ActSection 508

• Requires public colleges to show their technology is accessible under state laws

• Many universities have web pages that are inaccessible to people using text-to-speech readers (can’t access course management software, online courses, and library catalogs)

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People with disabilities have been excluded from educational programs, segregated or taught alone.

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Sensory Disability

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Case Instructions

• Read individually (3 minutes)• Develop answer(s) with team (8 minutes)• FILL IN YOUR BLANK QUESTION SHEET!

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Program Access

• Public notices that are accessible

• Marketing that reaches this demographic

• An understanding of how people with “sensory disabilities” regard themselves

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Public Notification

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Assessment and Target Plan

• Start with the self-assessment: what questions would be useful for your organization to ask itself about reaching out to people with sensory disabilities?

• Bounce ideas around with your team and sketch out notes for a Target Program Plan for your organization or work unit

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CODE OF FEDERAL REGULATIONS (CFR) 7 CFR part 15b—Nondiscrimination on the basis of

HANDICAP in program or activities receiving federal financial assistance

7 CFR 15B.1 “The purpose of this part is to implement section 504 of the Rehabilitation Act of 1973…. {Also American Disability Act of 2008}

Documents

U.S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff NIFA-EOS NERAOC May 23-26, 2011 Anchorage, Alaska 1 December