1. Civil Rights Training for the National School Lunch Program
Prospective Sponsor Training

2. Purpose
To convey policy and provide guidance to ensure compliance with prohibition against discrimination in the National School Lunch Program (NSLP).
The following training material is derived from:
Code of Federal Regulations Parts 210 and 245
USDA’s Food and Nutrition Service Instruction 113-1
The purpose of this presentation is to convey the importance of complying with the Federal Regulations on Civil Rights. The content came from the Federal Regulations and Instruction developed by the USDA’s Food and Nutrition Services.
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3. What is Discrimination?
The act of distinguishing one person or group of persons from others, either intentionally, by neglect or by the effect of actions or lack of actions based on their protected bases.
The six protected bases are:
Discrimination is the act of distinguishing a person or group of people from others based on race, color, sex, age, national origin, or disability.
Race
Age
Color
National Origin
Sex
Disability
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4. Civil Rights Compliance
Six Areas of
Civil Rights Compliance
Public Notification System
Data Collection
Training
Compliance Reviews
Civil Rights Complaints
Assurances
We will discuss the 6 areas of civil rights compliance during this presentation.
They are:
Public Notification System
Data Collection
Training
Compliance Reviews
Civil Rights Complaints
Assurances
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5. Public Notification System
A sponsor must have a public notification system to inform the community of:
the program’s availability, rights and responsibilities
the policy of nondiscrimination
the procedure for filing a complaint
The first area of civil rights, the public notification.
To operate the NSLP, a sponsor must have a public notification system.
The purpose of this system is to inform applicants, participants, and potentially eligible persons of the program availability, program rights and responsibilities, the policy of nondiscrimination, and the procedure for filing a complaint.
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6. Public Notification System
The basic elements of the Public Notification System are:
Program Availability
Nondiscrimination Statement
A prototype media release is available for use that covers the requirements in full.
The basic elements of the Public Notification System are:
Program Availability
Nondiscrimination Statement
A prototype media release, in multiple languages, is available for use that covers the requirements in full. This will be discussed later in training.
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7. Public Notification System
Program Availability
The sponsor must make public the information pertaining to eligibility, benefits and services of the NSLP.
Can be done via news release, radio and television announcements and letters or bulletins.
The “And Justice for All” poster must be displayed in a prominent place.
The sponsor must make public the information pertaining to eligibility, benefits, and services of the NSLP. This information can be communicated via news release, radio and television announcements, and letters or bulletins.
More information about making a Public Announcement will be covered in subsequent training sessions.
The “And Justice for All” poster must be displayed in a prominent place.
These posters are made available to all schools once they are approved to operate the NSLP.
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8. Public Notification System
Limited English Proficiency
Title VI of the Civil Rights Act of 1964 prohibits discriminating against individuals on the basis of race, color or national origin.
If information and services are not provided to Limited English Proficiency (LEP) individuals, sponsors may be discriminating on the basis of national origin.
Sponsors must take reasonable steps to assure access to the information and services they provide for LEP persons.
Title 6 of the Civil Rights Act prohibits recipients of Federal funds, like NSLP Sponsors, from discriminating against individuals on the basis of race, color, or national origin.
Failing to provide services to Limited English Proficiency potentially eligible persons, applicants, and participants, or denying them access to the NSLP, may be discriminating on the basis of national origin.
NSLP sponsors must take reasonable steps to assure access to the information and services they provide for LEP persons.
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9. Public Notification System
Limited English Proficiency continued
Some factors to be considered are the:
Number of LEP persons within the school’s attendance area
Frequency with which LEP persons come in contact with the school
Nature and importance of the program and service provided to people’s lives
Resources available to the NSLP sponsor and costs
What constitutes reasonable steps to assure access is contingent on a number of factors. Among the factors to be considered are:
Number of LEP persons encountered in the school’s attendance area (If the schools sponsored under the NSLP program are located in areas where LEP persons are known to live, language services may be needed.)
Frequency with which LEP persons come in contact with the school (The greater the number or proportion of LEP persons both in the attendance area of the school and currently enrolled in the school, the more likely language services are needed.)
Nature and importance of the program and service provided to people’s lives (Also, if the school’s attendance area has a greater proportion of LEP persons and is also a low-income area, the more likely language services are needed.)
Resources available to the NSLP sponsor and costs (Smaller sponsors with more limited budgets are not expected to provide the same level of language services as larger sponsors with larger budgets. Resource and cost issues can often be reduced by training bilingual staff at act as interpreters or translators or utilizing the USDAs translations of documents associated with the NSLP.)
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10. Public Notification System
Limited English Proficiency continued
Foreign Language translations are provided through the USDA’s Food and Nutrition Service website:
For Applications to Determine Program Eligibility
For “And Justice for All” posters
Foreign Language translations for both program eligibility and the justice for all posters are provided in a number of languages through the USDA’s Food and Nutrition Services website.
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11. Public Notification System
Nondiscrimination Statement
All information materials must contain the nondiscrimination statement as written below:
“The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at or at any USDA office, or call (866) to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C , by fax (202) or at
Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) ; or (800) (in Spanish).
USDA is an equal opportunity provider and employer.”
If the sponsor decides to make a flyer promoting the NSLP coming to the school, or send a copy of the menu home with the student, then the nondiscrimination statement must be included. If the entire statement cannot fit on the promotion, then the last sentence may be used alone.
If the material is too small to permit the use of the full statement, the material shall include the following statement, in print no smaller than text:
 “USDA is an equal opportunity provider and employer.”
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12. Public Notification System
Nondiscrimination Statement continued
The nondiscrimination statement must also be included on any web-based informational material.
At a minimum, the statement, or a link to it, must be placed on the school’s main webpage related to food service.
The nondiscrimination statement must also be included in any online promotions.
If flyers are created and posted online as .pdf, they must contain the nondiscrimination statement.
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13. Data Collection
Sponsors are required to collect ethnic and racial data each year for employees and students.
The prototype Civil Rights Compliance Questionnaire is provided for this purpose.
This form must be submitted to the state agency and kept in the sponsor’s files for three years + the current year for all schools.
The second area of civil rights, the Data Collection.
Ethnic and racial data must be collected each year.
We provide a prototype form to use.
It must be completed and submitted to our office for approval.
Additionally, the form data must be kept on file with the sponsor for 3 years + the current year, although some State agencies or statues the may require a longer retention.
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14. Data Collection
Ethnic and racial data are reported in separate sections on the form.
Ethnicity
Each individual is reported as being either:
Hispanic or Latino
Not Hispanic or Latino
For the purposes of this collection process, the ethnic and racial data are reported in their own separate sections.
Ethnicity is collected first and each individual is reported as being either:
Hispanic or Latino
Not Hispanic or Latino
If you have a population of 100 and 40 are Hispanic, then 60 will be considered not Hispanic.
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15. Data Collection Race Each individual is reported as being:
American Indian or Alaskan Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
Individuals are not required to furnish this information to the sponsor. When this information is not provided visual observation may be used.
Race is collected next and each individual is reported as being:
American Indian or Alaskan Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
The people previously counted as Hispanic or not Hispanic, are also be counted in the Race section. If a student is considered Hispanic, then they will also be considered African American or White or American Indian, etc…
Self-identification is the preferred method of collection, however employees and students are not required to furnish this information to the sponsor.
When this information is not provided visual observation may be used.
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16. Training
Civil rights training is required for all staff on an annual basis.
Training must be documented and kept on file by the sponsor.
Topics to be covered in the sponsor’s training for staff should include:
The third area of Civil Rights, training.
Civil Rights training is required for all staff, in all aspects of Civil Rights Compliance, on an annual basis.
The topics listed here should be covered.
The training dates, agenda, and sign-in sheets should be kept on file for 3 years + the current year for all schools. Again, remember that some State agencies and local statutes may require longer retention.
Collection and use of data
Requirements for reasonable accommodation of persons with disabilities
Effective public notification systems
Compliant procedures
Compliance review techniques
Requirements for language assistance
Resolutions of noncompliance
Conflict Resolution
Customer Service
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17. Compliance Reviews
There are three compliance reviews conducted when operating the NSLP:
The Preapproval/Preaward Compliance Review
The Post-Award/Routine Compliance Review
The Special Compliance Review
The 4th areas of Civil Rights, Compliance Reviews.
Three compliance reviews are conducted.
The Preapproval/Preaward Compliance Review: This review is conducted by the state agency. We will review the Civil Rights Compliance Questionnaire completed and submitted by the sponsor. Also, during an on-site review (discussed later) we will check for Civil Rights compliance.
The Post-Award/Routine Compliance Review: This review is also conducted by the state agency. During the Administrative Review (conducted every three years), the state will review the sponsor’s Civil Rights documentation and observe the meal service to ensure Civil Rights Compliance.
The Special Compliance Review: This review is conducted by the USDA. These reviews are conducted when a significant Civil Rights concern has been identified in relation to the NSLP.
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18. Compliance Reviews The Special Compliance Review
A particular group in a specific area is not benefiting from the program
Reports of alleged noncompliance are made by the media, grassroots organizations or advocacy groups
Reports of alleged noncompliance are made by other agencies, such as Department of Education and Department of Health
Patterns of complaints of discrimination have been documented
Some examples of Special Compliance Review circumstances are:
Program participation data indicates that a particular group in a specific area is not benefiting from the program
Reports of alleged noncompliance made by the media, grassroots organizations, or advocacy groups need to be resolved
Reports of alleged noncompliance made by other agencies, such as Department of Education and Department of Health, need to be resolved
Patterns of complaints of discrimination have been documented
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19. Handling Complaints Complaints may be written or verbal.
When a complaint is received, the sponsor should collect the following information:
The complainant’s contact information
The site at which the alleged incident took place
The nature of the alleged incident
The 5th area of Civil Rights, Handling Complaints.
Complaints may be made in written form or verbally. When a complaint is received, the sponsor should collect the following information:
The contact information of the complainant
The site at which the alleged incident took place
The nature of the incident that led the complainant to feel that discrimination was a factor
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20. Handling Complaints
A prototype Complaint of Discrimination form should be used for this purpose.
A person has 180 days to file a complaint from the date of the alleged incident.
The sponsor must notify our office immediately. Our Civil Rights Coordinator is available by phone.
Our office will notify USDA within three days.
We have a prototype Complaint of Discrimination form that should be used for this purpose.
An individual has 180 days to file a complaint from the date of the alleged discriminatory incident or action.
The sponsor must notify our office immediately. The Civil Rights Coordinator is available by phone.
Our office is required to notify USDA within three days.
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21. Assurances
A Civil Rights Assurance is incorporated in all agreements between the state agency and the sponsor in order to ensure that all children have access to the programs and benefits.
The final area of Civil Rights is Assurance.
A guarantee of Civil Rights compliance is incorporated in the signed agreement between our office and the sponsor in order to ensure that all children have access to the programs and benefits.
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22. Questions Prospective Sponsor Training
Any questions regarding the Civil Rights presentation?
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