USDA Civil Rights and Child Nutrition Programs

Child Nutrition Program Civil Rights Understanding Civil Rights And Civil Rights Training In 10 Easy Steps!

# 1 What is Civil Rights?

Introduction  Civil Rights Regulations are intended to assure that benefits of Child Nutrition Programs are made available to all eligible people in a non-discriminatory manner.  All sponsors receiving Federal $$ must implement Civil Rights requirements to be eligible for the program.

# 2 WhatIsDiscrimination?

Discrimination Is defined as different treatment which makes a distinction of one person or a group of persons from others; either intentionally, by neglect or by the actions or lack of actions based on the protected classes. Is defined as different treatment which makes a distinction of one person or a group of persons from others; either intentionally, by neglect or by the actions or lack of actions based on the protected classes.

Protected Classes  Race  Color  National origin Age Age Sex Sex Disability Disability

# 3 How Do You Recognize A Civil Rights Complaint?

Recognizing a Civil Rights Complaint  A Complaint of unequal treatment can be: –Verbal –In Writing –Observed

Civil Rights Complaint  Potential CR complaint may start with a phone call, letter, , fax or any form of communication where someone feels they, or someone they know, has received unequal treatment in any area in the operation of a Child Nutrition Program –Program Administration –Food Service –Employment

Discrimination is: Discrimination is: …when an individual or group of individuals are: …when an individual or group of individuals are:  D elayed receiving benefits or services that others receive  D enied benefits or services that others receive  Treated D ifferently than others to their disadvantage  Given D isparate Treatment something which does not seem discriminatory, but has a discriminatory impact in practice. The 4 “D”s

# 4 What do you do if you receive a Civil Rights complaint?

Develop a Procedure Plan  Sponsors are required to develop and implement a written procedure to handle any discrimination complaint that may be received.

How Long Do They Have To File a Complaint?  Any person who believes he or she has been discriminated against in the Child Nutrition Program operation based on the protected classes has a right to file a complaint within 180 days of the alleged discriminatory action.

Where Do They Send The Complaint?  Complainants may choose to directly contact USDA with their complaint, or they may notify the sponsor of their complaint. The sponsor must forward all discrimination complaints received regarding Child Nutrition to ODE within 3 working days

Complaint Procedure A complaint can be investigated locally, resolved locally and the Department of Education notified of the resolution.

How to Handle a Complaint  Use the Complaint Form  Enter the Complaint on the Log  Refer the complaint to the Civil Rights official in the school district or facility  Report the complaint to the Department of Education

Civil Rights Complaint Procedure

Civil Rights Complaint Log All discrimination complaints must be documented in the Civil Rights Complaint Log Log must be dated and kept for 3 years + current year, even if no complaints have been received

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 ODE within 3 working days of receipt by sponsor

# 5 What do I do with the “And Justice For All” Poster?

Poster must be placed in a prominent area where participants and potential participants have ready access

# 6 When do I use the Nondiscrimination Statement?

Nondiscrimination Statement – Long version  In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discrimination 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, DC or call, toll free (866) (Voice). TDD users can contact USDA through local relay or the Federal Relay at (800) (TDD) or (866) (relay voice users). USDA is an equal opportunity provider and employer.

Where a Non-discrimination Statement is Needed Informational Materials that require the Non-discrimination Statement include: Enrollment FormsEnrollment Forms MenusMenus Employee HandbooksEmployee Handbooks NewslettersNewsletters BrochuresBrochures Parent/Student HandbooksParent/Student Handbooks Print or broadcast advertisementsPrint or broadcast advertisements FlyersFlyers WebsitesWebsites

Nondiscrimination Statement - Short version  Sponsors can use the short version on documents mentioning USDA or the Child Nutrition Program if document is one page (front and back) or less in length. “This institution is an equal opportunity provider”

# 7 Who needs to have the Civil Rights information?

Civil Rights information needs to be available at every site. Civil Rights information needs to be available at every site.

Civil Rights Binder A CR Binder could look something like this: A CR Binder could look something like this:  JFA poster on Front cover  Separate sections for –1) Sponsor’s CR complaint procedure, –2) CR complaint Log, –3) Copies of CR complaint forms –4) A copy of How to Recognize a Civil Rights Complaint.  An information sheet that identifies the Civil Rights coordinator for the school.

# 8 What does ODE look for at a review?

Common Review Findings Complaint form must have both sides printed. Complaint form must have both sides printed. Civil Rights Complaint forms not accessible to all staff at each site. 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 And Justice for All poster is not visible where parents and the general public can see and read it And Justice for All poster is not visible where parents and the general public can see and read it Non-discrimination statement missing from public documents that mention or imply USDA and Child Nutrition Programs

# 9 Are there any resources for us to use?

Civil Rights Resources  ODE’s Civil Rights website:  How to Recognize a Civil Rights Complaint  CR Complaint Form  CR Complaint Log  CR Complaint Procedure  CR Training for Staff Form

Civil Rights Specialist  Winston Cornwall is the Civil Rights Specialist for ODE. You may contact him or one of the specialists in our office regarding any complaints or technical assistance required.

Civil Rights Resources Winston Cornwall ODE Civil Rights Specialist Phone: (503)

# 10 What is a summary of what a sponsor must do for Civil Rights?

Summary: Civil Rights “Must Do List?”  Offer any Child Nutrition Program in a Non- Discriminatory Manner  Train staff annually on Civil Rights and complete the training form.  Develop & fully implement sponsor’s CR Complaint Procedure  Make available to all staff CR complaint forms, CR Log and CR complaint procedure

Summary: Civil Rights “Must Do List?”  Prominently display the And Justice for All poster  Non-discrimination statement must be on all printed materials available to the public which mention USDA and/or Child Nutrition Program meals and snacks  Must offer meals to all students in the school

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