Presented by the Texas Department of Agriculture Civil Rights Training Presented by the Texas Department of Agriculture

Pretest Civil Rights training is required so that individuals who administer programs that receive federal financial assistance understand civil rights related laws, regulations, procedures and directives? TRUE The protected areas of the Child Nutrition Programs administered by TDA, Food & Nutrition Division are race, color, national origin, age, sex and disability. TRUE Civil Rights complaints can only be submitted in writing to the appropriate state agency or the Food & Nutrition Service (FNS) headquarters? FALSE School districts do not have the responsibility to take reasonable steps to ensure access to their Child Nutrition Programs for individuals who have Limited English Proficiency (LEP)? FALSE Disability is a physical or mental impairment that limits one or more of an individual’s major life activities? TRUE Through public notifications, school districts must inform applicants, participants and potentially eligible individuals of their rights to receive meal benefits? TRUE.

“Policy on Nondiscrimination” Title Change 113-1: All previous 113 series instructions are merged into a single instruction Clearer explanation of roles & responsibilities Removes ambiguity regarding complaints of discrimination No longer titled “Policy on Nondiscrimination” Now called “Civil Rights Compliance and Enforcement—Nutrition Programs & Activities” Last revision was in the mid 1980’s. This revision is a result of a partnering process over the past three years and reflects legislative changes.

Purpose Statement Race, Color, National Origin, Age, Sex, & Disability were removed from the purpose statement. It is now an all encompassing phrase “Enforcement of the prohibition against discrimination in all FNS nutrition programs and activities, whether Federally funded in whole or not”

Purpose Statement continued… “The purpose of this Instruction is to establish and convey policy & provide guidance & direction to the USDA F&N Service and its recipients and customers, and ensure compliance with and enforcement of the prohibition against discrimination in all FNS nutrition programs & activities, whether federally funded in whole or not” This is the purpose statement in its entirety for FNS-113-1.

Authority Title VI of the Civil Rights Act of 1964 Prohibits discrimination based on race, color, and national origin In programs receiving federal funding & implementing USDA regulation 7 CFR Part 15, Subpart A and Subpart C Authority basically means citations to FNS 113-1.

Authority Americans with Disabilities Act Title IX of the Education Amendments of 1972 Sex Section 504 of the Rehabilitation Act of 1973 Disability Age Discrimination Act of 1975 PRWORA and DOJ Memorandum, 1999 Civil Rights Restoration Act of 1987 Food Stamp Act of 1977, amended Enforcement of Civil Rights of 1964, national origin discrimination against persons w/ limited English proficiency USDA Dept Reg 4330-2 USDA Reg 7 CFR Part 16, Equal Opp for Religious Organizations PRWORA & DOJ mean: personal responsibility and work opportunity reconciliation act of 1996. Department of Justice.

USDA Policy USDA prohibits discrimination in all programs & activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic info, political beliefs, reprisal, or income. Updated to reflect current legislation and several protected classes. This is USDA’s policy statement, no Child Nutrition Programs.

USDA Policy continued… Sexual orientation, marital or family status, parental status, and genetic info are not protected in FNS programs

Question? What are the 6 FNS nutritional assistance programs protected bases? Mind Map activity for visualization Ask audience to name them in ABC order

Answer Age Color Disability National Origin Race Sex

Applicability FNS-113-1 is applicable to all programs & activities of a recipient (state agency, local agency or other subrecipient of Federal financial assistance, whether those pgrms are federally funded in whole or not Has not changed This applies to everything we do in Child Nutrition.

Definitions Multiple definitions were added or reworded to provide a clearer understanding of their meaning & application Some examples are below: Alternative Dispute Resolution (ADR). The use of a neutral third party to resolve informally a complaint of discrimination, through the use of various techniques (e.g., fact finding, mediation, facilitating, ombudsman, or conciliation). A common element in most ADR techniques is the presence of a person who acts as the facilitator. This facilitator is a neutral person who works with the parties to help them develop an agreeable resolution to their problems. Corrective Action Plan. A plan describing the actions to be taken to resolve noncompliance with civil rights regulations, instructions, policies, and guidelines. Local Agency or Other Subrecipient. Any agency, organization, or corporation that receives Federal financial assistance either directly or indirectly from FNS. Examples of local agencies include, but are not limited to, school food authorities, food banks, and county health departments. Potentially Eligible Persons. Individuals or households that may be eligible to receive FNS program assistance, benefits, or services, but have not applied. Service Delivery Point. A place in which FNS assisted program services or benefits are administered to the public. Examples of service delivery points are homes for elderly citizens, day care centers, clinic sites, and FSP certification centers.

Responsibilities USDA’s office of Civil Rights FNS Administrator Development, implementation, coordination, & enforcement of the dept’s civil rights FNS Administrator Implementing civil rights pgrm that ensures nondiscrimination compliance in all FNS pgrms & activities Regional Administrators Direction, leadership, & resources to ensure implementation of regional civil rights compliance pgrm Regional Civil Rights Directors Technical & operational asst, direction & leadership in implementing civil rights. Also facilitate complaints. The FNS Administrator also delegates responsibilities to the Regional CN Director. All complaints are facilitated in accordance with guidance from Food & Nutritional Services Head Quarters Division.

Limited English Proficiency (LEP) State agencies, local agencies, or other subreceipients that fail to provide services to LEP persons, applicants, or participants, or deny access may be discriminating on the basis of national origin

LEP continued… Primary Factors To Consider # of proportion of LEP persons in the eligible service population The greater the #, the higher the need Frequency of contact in the pgrms Can do outreach Importance of the service provided by the pgrm Resources available to the recipient/costs State agencies, local agencies, and subrecipients must take reasonable steps to assure access to information and services. The factors are above. #1: language, census data, community organizations. The most Hispanic individuals in a district, the greater the need. #2: interpreters for applications #3: Need to ask will denial of service cause a serious life threatening implication? Disability and doctor’s notes. #4: Share resources to save money. Use a Spanish speaker from another department. Train bilingual staff to be interpreters.

LEP & School Districts Must make materials available in the appropriate language www.squaremeals.org www.fns.usda.gov/cnd English & Spanish on square meals. UDSA website has all other languages.

Equal Opportunity for Religious Organizations USDA identifies these organizations as partners in providing nutrition assistance to needy individuals Prohibits discrimination based on Religion, religious beliefs, or religious character Faith based organizations have a long history of involvement in Federal nutrition assistance programs. They also have a tradition of supporting low-income people by providing a wide range of social services.

Districts & Religious Organizations Districts are encouraged to include them in the public release and applicable civil right requirements.

Public Notification

Public Notification Purpose Inform applicants, participants, and potential eligibles of :

Public Notification continued… Program Availability Texas requires the public announcement to be sent to the media each school year Complaint Information Applicants & participants must be advised at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures Public Announcement Complaint Procedure Nondiscrimination Statement All information materials & sources (websites), used by state agencies, local agencies, or subrecipients to inform the public about the programs must contain a nondiscrimination statement. If the district website mentions program availability the non-discrimination statement must be on the website somewhere.

Nondiscrimination Statement “In accordance with Federal law and the U.S. Department of Agriculture policy, this institution does not discriminate on the basis of race, color, national origin, sex, age, or disability. To file a complaint of 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). USDA is an equal opportunity provider and employer. The changes for school year 06-07 was the address & phone number.

Nondiscrimination Statement Not required, but recommended on menus Nor required to be printed on items such as cups, buttons, magnets, and pens When the size is impractical State, local, subrecipients must post the nondiscrimination stmt in their offices and be included in full on all materials produced for the public Page 13 of FNS-113-1 Nondiscrimination statement must be posted where applications are processes or where program availability takes place. Usually the Child Nutrition office.

USDA poster/And Justice For All Districts must prominently display It is currently unknown when the new And Justice For All Posters will be distributed by USDA. Prominently display in the cafeteria and Child Nutrition Office. And Justice For All poster updated in ARM on www.squaremeals.org with September 2006 footer.

And Justice For All Poster Pass out copy of poster

Assurance Districts will operate in compliance with all regulations, laws, guidelines, policies, and instructions. Texas includes the Assurance in the original application agreement signed by each District. To qualify for federal funds and application must be accompanied by written assurance that the district receiving financial assistance will do the above. In Texas application agreement it is on page 16-19. All districts sign when they originally come onto the Child Nutrition Programs.

Civil Rights Training USDA, to State Agency, to Educational Service Centers, to Districts (directors), to frontline staff. The purpose of training is that all levels understand civil rights laws, directives, procedures, and directives. All Child Nutrition personnel must be trained, if they are involved in the programs.

Civil Rights Training continued… To be done annually Topics: Collection & use of data Effective public notification systems Complaint procedures Compliance review techniques Resolution of noncompliance Requirements for reasonable accommodations of persons w/ disabilities Conflict resolution Customer service How is TDA going to ensure civil rights training took place annually? Documented records, attendance sheets, and agenda’s. Next school year 07-08 it will be a CRE question. This school year TDA will ask, but not be a finding.

Data Collection & Reporting State & local agencies, and other subrecipients are required to obtain data by race & ethnic category on potential eligibles, applicants, and participants in the programs. Districts are responsible for this data, not Child Nutrition. PEIMS data for actual students. Potential eligibles can use census data. Not asked for on CRE at this time.

Data Collecting & Reporting continued… Systems must ensure data is: Collected & retained by the service delivery point for each pgrm Based on document records & maintained for three years Access restricted to authorized personnel Submitted as requested to FNS Regional or Headquarters Offices Texas retains records for 5 years.

Race & Ethnic Categories, Two Question Format 1. Ethnicity: collected first Hispanic or Latino. Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Not Hispanic or Latino 2. Race: Mark one or more American Indian or Alaskan Native. Origins of North/South America (including Central America & who maintain tribal affiliation)

Race & Ethnic Categories, continued… Asian. Origins of the Far East, Southeast Asia, or Indian subcontinent. Black or African American. Origins of Africa, Haitian or Negro. Native Hawaiian or Other Pacific Islander. Origins of Hawaii, Guam, Samoa, or other Pacific Island. White. Origins of Europe, Middle East, or North Africa.

Race & Ethnic Categories continued… Program applicants may not be required to furnish race or ethnicity Identification must be voluntary Visual observation will be used when the applicant does not self-identify

Compliance Reviews TDA conducts review Civil Rights findings during the CRE require a corrective action plan that ensures compliance with this Instruction

Resolution of Noncompliance Districts must submit an acceptable corrective action plan Failure to respond or correct the finding may result in suspension or termination of financial assistance.

Complaints of Discrimination Right To File Any person alleging discrimination has the right to file a complaint within 180 days of the alleged action Acceptance In Texas, written or verbal forward to TDA F&N Forms Complaint form in ARM District may develop their own Verbal Complaints The elements of the complaint should be written up by the complainant or the person allegations are made against All complaints based on the 6 protected categories, either written or verbal must be processed within the required timeframes. The complainant must be advised of confidentiality and the Privacy Act. The complainant and entity are encouraged to solve this at the lowest possible level and as quickly as possible.

Forms Pass out FNS 113-1 Sample Complaint Form Pass out ARM Complaint Form ARM page 19.4 District Child Nutrition must know their complaint policy. Forward to TDA. 113-1 is on pages 64-71 of FNS 113-1.

District/CRE Information TDA will ask: Have you ever received any written or verbal complaints alleging discrimination? If YES, have these complaints been reported to the State Agency? What is your policy to handle a complaint of discrimination?

District/CRE Information continued… Public Release Letter to parents, application form, income guidelines Copy on file Foreign language translations are available USDA poster displayed in prominent place Correct nondiscrimination stmt on pgrm materials Admission procedures do not restrict enrollment by minority persons Incorrectly denied F/R applications are not disproportionately composed of minority applications Disabled students are provided pgrm benefits

District/CRE Information continued… No separation based by race, color, sex, handicap, age or national origin in: Eating periods Seating arrangements Serving lines Eating areas Separation based on gender was a top 5 finding for school year 05-06. Must inform all parties involved: from superintendent down to cafeteria monitor.

Exercise I need 6 volunteers Exercise: ask for 6 volunteers. Write down 3 races (example black, white, Hispanic). Then repeat so you have 6 pieces of paper. Choose the participants randomly. Line them up black, white, Hispanic, black, white, Hispanic. Ask the audience if this is acceptable? Why not? It is separation based on race. Then do the same thing with boy, girl. USDA views separation based on gender as seriously as the 6 protected classes!

District/CRE Information All discrimination complaints written or verbal must be reported to TDA F&N division

Procedures for Processing Civil Rights Complaints State Agency will Accept & acknowledge the compliant Gather facts to support or refute complaint’s allegation (s) Ensure all relevant sources of info are investigated Review & evaluate the facts Implement corrective action plan, if necessary In addition the State will write a decision letter informing the complainant of closure of follow-up action. They have a right to appeal to the Secretary of Agriculture.

Procedures for Processing & Resolving Complaints All complaints alleging age discrimination must be referred to the Federal Mediation & Conciliation Service within 5 working days after receipt All complaints alleging discrimination in general must be processed within 90 days of receipt Contact FNS Regional Office Refer to timeline handout in FNS 113-1, page 76.

Post-test The Non-Discrimination Statement indicates we can not discriminate based on: Age Color Disability National Origin Race Sex Separating Boy/Girl in seating arrangements is okay because it creates good social behavior? FALSE Complaints must be written? No, can also be verbal

Questions

In The End… Memories of our lives, of our works and our deeds will continue in others, who believe and act for fairness and justice Rosa Parks 1913-2005

“In accordance with Federal law and the U. S “In accordance with Federal law and the U.S. Department of Agriculture policy, this institution does not discriminate on the basis of race, color, national origin, sex, age, or disability. To file a complaint of 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). USDA is an equal opportunity provider and employer.