1. Civil Rights Topics in the School Nutrition Program
For classroom teachers and school staff involved in Breakfast in the Classroom or in similar roles
Schools operating the School Breakfast Program and National School Lunch Program must ensure they protect the civil rights of students participating in school meals. Because you will have students eating breakfast in the classroom, we will review civil rights topics that are specific to the School Meal Programs. We will review how to identify and handle a civil rights complaint related to school meals, and what to do if you receive a request for special meals for a student with special dietary needs.
11/9/2018

2. Discrimination Based on Protected Class
The Food and Nutrition Service (FNS) prohibits discrimination based on:
Race
Color
National Origin
Sex
Disability
Age
For the School Nutrition Programs, which are overseen by the Food and Nutrition Service at USDA, students are protected from discrimination based on protected class. The protected classes include race, color, national origin, sex, disability, and age. This means that a person cannot be treated differently from other persons or groups of persons either intentionally, by neglect, or by actions or inactions, based on their protected class.
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3. Three D’s of Discrimination
Denied benefits/services that others receive
Delayed receiving benefits/services that others receive
Treated differently from others to their disadvantage
An easy way to remember what constitutes discrimination is thinking of the “three D’s.” Discrimination occurs when an individual is denied benefits or services that others receive or is delayed in receiving those benefits or services. Discrimination can also mean that a person is treated differently from others to their disadvantage.
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4. Examples of Prohibited Discrimination
Students whose first language is Spanish are required to sit at a “Spanish-speaking” table for meals.
Girls are given more time than boys to eat their meals.
A child with a documented food allergy is not offered a modified meal to allow him/her to eat the school breakfast.
It is helpful to know what discrimination based on protected class might look like in school meals so that it can be identified and resolved, and ideally prevented from happening in the first place. For example, requiring students whose first language is Spanish to sit at a “Spanish-speaking” table for meals is an example of discrimination based on national origin. Allowing girls more time to eat their meals than boys is an example of discrimination based on sex. And failing to offer a modified meal to a student with a documented food allergy is an example of discrimination based on disability.
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5. Procedure for Civil Rights Complaints
Inform complainant of federal civil rights for protected classes.
Provide information to file a complaint:
Electronic link:
On the And Justice for All poster in cafeteria
Although the goal is to avoid civil rights discrimination from occurring in the first place, schools may receive complaints of discrimination in school meals. If you receive a civil rights complaint regarding the School Meal Program (for example, from a parent), you must follow the procedure prescribed by the Food and Nutrition Service at USDA. First, the school must inform the person making the complaint about the federal civil rights rules and regulations that have been established for protected classes. (Again, the protected classes include race, color, national origin, age, sex, and disability.)
Next, you must provide the complainant with the information needed to file a federal civil rights complaint. A civil rights complaint can be filed online at the link shown. In addition to online, complaints may be filed by mail, fax, or . Information about filing a claim, including mailing address, online link, phone number, and address, is listed on the And Justice for All poster found in the cafeteria. It is also included in a slide at the end of this presentation.
It is important to note that civil rights complaints must be filed within 180 days of the alleged action, and that strict confidentiality must be maintained at all times during the process.
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6. Procedure for Civil Rights Complaints (cont.)
If the matter can be resolved quickly, schools are encouraged to resolve it at the school district level.
Schools must:
Document the complaint and actions taken in the designated civil rights complaint log; and
Notify the Pennsylvania Department of Education (PDE), Division of Food and Nutrition (DFN) of the discussion/resolution.
After providing information on how to file a civil rights complaint directly at the federal level, schools are encouraged to resolve the issue if it’s a matter that can be resolved quickly, such as an issue arising from a miscommunication.
If the matter is resolved at the school level, the complaint and actions taken must be documented in the designated civil rights complaint log. The Pennsylvania Department of Education, Division of Food and Nutrition must then be notified of the discussion and resolution. A designated civil rights log is necessary due to confidentiality and privacy laws. (Presenter should indicate the individual at the school who is responsible for maintaining the designated civil rights log.)
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7. Procedure for Civil Rights Complaints (cont.)
Even if a resolution is reached, the complainant may still wish to file a federal complaint.
If the complainant wishes to file a federal complaint, the school must:
Document the complaint and actions taken in the designated civil rights complaint log; and
Forward the information within five days of receipt of the complaint to PDE, DFN.
Strict confidentiality must be maintained.
Even if a resolution is reached at the school level, the complainant may still wish to file a federal complaint. In this case, the school must document as much detail as possible in the civil rights complaint log, including: the complainant’s name, address, and contact information; the date and description of the alleged discrimination; and any actions taken. The school must forward the information to the Pennsylvania Department of Education, Division of Food and Nutrition within five days. PDE will then notify the Food and Nutrition Service at USDA so they can investigate the complaint. Again, remember that strict confidentiality is extremely important.
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8. Disability Discrimination
Students with disabilities that affect the diet must be offered a reasonable accommodation so that they can participate in school meals.
Accommodations are made on a case-by-case basis.
In most cases, a medical note from a licensed medical provider is required.
Now that we have reviewed the procedure for civil rights complaints and the six protected classes, we want to highlight one protected class in particular, because it is a common situation encountered in school meals: Students with disabilities that affect their ability to eat the regular school meal. Students who have a mental or physical impairment that affects the diet must be offered a reasonable accommodation so they can eat the school meal if they desire. Substitutions and modifications to meals are made on a case-by-case basis. In most cases, a medical note from the child’s licensed medical provider is required in order for menu changes to be made.
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9. Accommodating Disabilities
Do not delay communication.
Follow the school’s procedure for addressing requests for accommodations.
Follow food safety and sanitation procedures to protect children with food allergies.
Note: Special meal requests not related to a disability are optional for schools to make.
If a parent or student comes to you with a special meal request, or if you become aware of a disability situation such as a new student who has a life-threatening food allergy, it’s important that there is no delay in communication at school. This is to protect the child’s safety and avoid any delay in making a reasonable accommodation.
Always follow the school’s procedure for addressing special meal requests. (**Presenter should review the school’s local procedure, including notifying designated staff person(s) who are responsible for managing all special dietary needs, and reviewing where parents can obtain meal accommodation information such as the Medical Plan of Care form [e.g., from the district website, school nutrition department, etc.]).
Always follow food safety and sanitation procedures in the classroom to protect the safety of students with food allergies. It is best to work in partnership with parents, the student, school food service, classroom aides, and administrators to ensure procedures are in place and are being followed every day by trained staff.
Although reasonable meal substitutions and modifications are required for disabilities, you should be aware that requests related to general health concerns, personal preferences, and moral or religious convictions are not disabilities and are therefore optional for schools to make.
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10. Denial of School Meals
USDA policy prohibits the denial of meals as a disciplinary action.
Act 55 (2017) amended Pennsylvania School Code:
A student requesting a school program meal must be provided with one regardless of whether the student has money to pay for it.
Before we wrap up, there are a couple of important points you need to know about denying meals to students.
USDA policy prohibits the denial of meals as a disciplinary action against any student who is enrolled in a school that participates in the federal School Nutrition Programs. This prohibition includes requiring a child to work for his or her meals or disciplinary actions that directly result in loss or denial of meals. Examples include:
Directly taking a child’s meal away, or
Sending a child out of the classroom during breakfast so they are unable to eat the meal.
Act 55 of 2017 is legislation that amended Pennsylvania School Code. The amendments require that a student who requests a school food program meal must be provided with one, regardless of whether the student has the money to pay for the meal on hand or in their meal account. The only time a school may deny a student a school food program meal is when a student’s parent or guardian has provided a written directive to withhold a meal.
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11. USDA Nondiscrimination Statement
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) Additionally, program information may be made available in languages other than English.
To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C ;
(2) fax: (202) ; or
(3)
This institution is an equal opportunity provider.
This is a copy of the information from the And Justice for All Poster that includes the information about how to file a civil rights complaint to the USDA.

12. Questions?
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13. Contact/Mission
For more information on the Child Nutrition Programs please visit PDE’s website at
The mission of the department is to academically prepare children and adults to succeed as productive citizens. The department seeks to ensure that the technical support, resources and opportunities are in place for all students, whether children or adults, to receive a high quality education.
11/9/2018