1. Civil Rights Training for Child Nutrition Programs
Welcome to the Civil Rights Training for Federal Child Nutrition Programs.

2. Why Civil Rights Regulations?
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.
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 child nutrition program sponsors receiving Federal dollars must implement Civil Rights requirements to be eligible for the program.

3. What is Discrimination?
Intentionally treating a person or group of persons differently.
Different treatment which makes a distinction of one person or a group of persons in protected classes. This may be caused by:
Intentional actions.
Lack of actions.
Discrimination is the 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.

4. What is Discrimination?
FNS protected classes – race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity
Let’s apply some of these classes to scenarios: National origin comes into play when we talk about ensuring access for those with limited English proficiency. Not discriminating based on sex could mean not separating menus or meal service lines based on student sex. Also, it’s important to respect students that change their sex, or even gender identity.
This doesn’t allow for the discrimination of individuals based on other characteristics, but that is where good customer service comes in. Good customer service includes treating all participants with respect and dignity

5. What is Required? Collection of Data Public Notification
Complaint Procedures
Compliance Review
Resolution of Non-compliance
Accommodation of People with Disabilities
Language Assistance
Conflict Resolution
Customer Service
Annual Training
The regulation (FNS 113-1) states specific areas that are required to be included in Civil Rights Training.
These will be the areas that we will cover today.

6. 1. Collection of Data
Racial and ethnic identities must be collected annually.
Self-identification preferred.
Collection of data:
Local agencies must have a system to collect the racial and ethnic identities of the populations that they serve. This data will be used to determine how effectively the Child Nutrition Programs are reaching potential eligible persons. Self-identification is the preferred method.
Household applications for free and reduced price meals must have an optional section for participants to record racial or ethnic data.
The Application should include the following Racial Categories:
Black or African American
Asian
American Indian & Alaska Native
White
Native Hawaiian or Other Pacific Islander
The Application should include the following Ethnic Categories
Hispanic or Latino
Not Hispanic or Latino
If racial and ethnic data is not provided by meal program participants on the free and reduced price meals application, or free and reduced price meals applications are not collected from participating children, sponsors must make their best visual determination of participating children’s racial and ethnic identity using their own judgement.

7. 1. Collection of Data Why do we collect this?
Why do we collect this? (audience participation)
(CLICK)
State agencies and sponsors are responsible for using current racial or ethnic data to determine if the program is reaching potentially eligible, low-income households.
Data is used to determine if the program is reaching potentially eligible, low-income households.

8. 2. Public Notification Systems
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.
Public Notification Systems
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.

9. Public Notification Systems – Nondiscrimination Statement
The FULL USDA nondiscrimination statement must be included on (pick one or more):
Letters
Notice of Eligibility or Denied Eligibility
Menus
Special Holiday promotion flyers
Brochures
Each page of a web page
All statements should be in print size.
Include the USDA nondiscrimination statement on any materials that share information about program benefits, including websites.
Where do you need to include the nondiscrimination statement?
The full statement must be included anytime the USDA food programs are referenced, including: Letters, Notice of Eligibility or Denied Eligibility, Brochures and the meal program main webpage.
All nondiscrimination statements should be in print size no smaller than the text of the document

10. Public Notification Systems – Civil Rights Statement
True or False?
The USDA Nondiscrimination Statement never changes. Once you’ve got it you never need to check it again.
True or false?
The USDA Nondiscrimination Statement never changes. Once you’ve got it you never need to check it again.
(click)

11. Public Notification Systems – Civil Rights Statement
True or False?
The USDA Nondiscrimination Statement never changes. Once you’ve got it you never need to check it again.
This statement is False.
The Nondiscrimination Statement was last updated in It’s important to make sure program materials include the most recent statement.
It is also important to know that there are different statements for different programs. All of our Child Nutrition Programs use the same statement.
FALSE!

12. Public Notification Systems – Civil Rights 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.
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.
The bolded classes shown here are protected by civil rights regulations.

13. Public Notification Systems – Civil Rights Statement
The short statement:
For limited use if the long statement changes the nature of the document.
Example: menus
“This institution is an equal opportunity provider.”
There is also a Short Statement, that is simply
“This institution is an equal opportunity provider”
USDA allows limited use of this short statement if you can’t realistically display the entire statement without changing the nature of the material. For example, this shorter statement could be used on meal program menus.

14. Public Notification Systems
“And Justice for All” poster must be posted anywhere program benefits are available.
The “And Justice for All” poster must be posted anywhere program benefits are available. This includes anywhere children participating in Federal Child Nutrition Programs receive their meals and eat their meals. This poster should also be posted in the administrative offices for child nutrition program sponsors and state and Federal agencies providing Child Nutrition Program oversight.
This poster should be posted where meal program participants can see it.

15. 3. Complaint Procedures
A Civil Rights complaint is a complaint alleging that discrimination has occurred in violation of one of the protected classes.
What is a Civil Rights Complaint? A Civil Rights complaint is a complaint alleging that discrimination has occurred in violation of one of the protected classes.

16. Complaint Procedures – Managing Complaints
You are required to have a civil rights complaint procedure.
All employees should be aware of the procedure and understand how to handle any civil rights complaints.
Every sponsoring organization must have a civil rights complaint procedure. If you have multiple sites, each site should have a copy of the procedure and form. If your district or organization has its own procedure, you may use that.
Most importantly all employees must be aware of and understand the procedure.
A link to the USDA complaint form is on the OSPI Child Nutrition Services webpage. Use of this form is not required for a person filing a complaint.

17. Complaint Procedures – Managing Complaints
Include verbiage that you have a procedure and where parents can go to find it.
Examples: student handbook, on your website, etc.
Manage your complaint log- even if there aren’t any complaints for that year!
Make sure to include language about your procedure where parents might need to find it such as: student handbooks, on your school meals webpages, and anywhere where a parent can find the information.
Always make sure to manage your log, even if it is a blank tab on an excel spreadsheet, or a piece of paper.

18. Complaint Procedures – Managing Complaints
A person can allege that discrimination has occurred and file a discrimination complaint because they feel that they were…
Delayed in receiving benefits or services that others receive.
Denied benefits or services that others receive.
Treated Differently than others to their disadvantage.
Given Disparate Treatment, something which does not seem discriminatory, but has a discriminatory impact in practice.
A person can allege that discrimination has occurred and file a discrimination complaint because they feel that they were… (CLICK)
Delayed in receiving benefits or services that others receive (CLICK)
Denied benefits or services that others receive(CLICK)
Treated Differently than others to their disadvantage (CLICK)
Given Disparate Treatment, something which does not seem discriminatory, but has a discriminatory impact in practice.

19. Complaint Procedures – Managing Complaints
Verbal Complaints
If you are on the phone with someone who does not wish to put allegations in writing, you are responsible for writing the complaint.
Every effort should be made to have the complainant provide sufficient information to assist in resolving the complaint
A complaint does not need to be written by the person alleging that discrimination has occurred. If the complaint is verbal, the sponsor needs to record the complaint for the person.
Ideally during a verbal complaint the following information would be collected:
Contact information for the complainant.
The specific location and name of the entity delivering the service or benefit.
The nature of the incident or action that led the complainant to feel that discrimination was a factor.
The basis on which the complainant feels discrimination exists (race, color, national origin, sex,age, or disability).
The names, titles, and business addresses of persons who may have knowledge of the discriminatory action.
The date(s) during which the alleged discriminatory actions occurred or, if continuing, the duration of such actions.

20. Complaint Procedures – Managing Complaints
Scenario:
A man was on the news complaining about a Summer Food Service Program site. His children attend the park site and want to take the meals off-site and were told they cannot do so. He is quoted as saying he is being discriminated against because he is overweight.
Is this a civil rights complaint?
Let’s take a look at a scenario.
A man was on the news complaining about a Summer Food Service Program site. His children attend the park site and want to take the meals off-site and were told they cannot do so. He is quoted as saying he is being discriminated against because he is overweight.
Is this a civil rights complaint?

21. Complaint Procedures – Managing Complaints
Scenario:
A man was on the news complaining about a Summer Food Service Program site. His children attend the park site and want to take the meals off-site and were told they cannot do so. He is quoted as saying he is being discriminated against because he is overweight.
No—It is not a civil rights violation for a meal site to enforce the rules of the program to all people participating in the program. Summer Food Service Program sites must not let any child take the meals provided off site, so site operators have full-authority to enforce this rule. Additionally, weight is not included in the protected classes, so claims of discrimination because of a person's weight would not be considered a Civil Rights issue. NO
The meal site is enforcing program rules.

22. Complaint Procedures – Managing Complaints
Right to File a Complaint
Any person alleging discrimination has a right to file a complaint within
DAYS
of the date of the alleged discriminatory action.
Under special circumstances this time limit may be extended by the Office of Civil Rights (OCR).
180
Potential civil rights complaints 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
(CLICK)
It is a basic right for a person to file a civil rights complaint, however; there is a time limit for filing the complaint. It is very important to document all conversations and information that might be pertinent to a possible civil rights complaint because the person who wishes to file a civil rights complaint may report as late as 180 days after the date of the alleged occurrence.

23. Complaint Procedures – Managing Complaints
Find the Complaint Form on the OSPI CNS Website!
I would encourage you to use the Civil Rights Complaint form on our OSPI CNS website. It also includes instructions for completing and submitting.
To find this form on our website, go to the OSPI National School Lunch & Breakfast Program page, then - Program Applications and Requirements then – Civil Rights then click on the – Civil Rights Complaint Form

24. Complaint Procedures – Managing Complaints
Complaint Log
A complaint log must be maintained by each Sponsor.
AND
A complaint log is maintained at the State Agency
Maintaining complete documentation of civil rights complaints is important for all agencies involved in civil rights complaint resolution. Maintaining a complaint log is required by Child Nutrition Program Sponsors and the State Agency to be in compliance with Child Nutrition Program regulations. Remember, someone can report a complaint as late at 180 days after the date of the alleged occurrence, so sponsors and the state agency should maintain thorough documentation of all events that could potentially result in a civil rights complaint.

25. Complaint Procedures – Managing Complaints
OSPI CNS must forward all complaints to USDA’s Civil Rights Division.
The OCR will prepare and issue letters of acknowledgement to complainants.
OSPI – Child Nutrition Services has responsibilities regarding the reporting process. All complaints received by the office of civil rights are acknowledged and investigated.

26. Complaint Procedures – Resources
OSPI CNS Webpages have great resources, like our Civil Rights Reference Sheet.

27. OSPI reviews Sponsor Sponsor reviews each site
4. Compliance Review
OSPI reviews Sponsor
Sponsor reviews each site
Assuring compliance with civil rights requirements is a State agency responsibility and is included in the Administrative Review process.
For sponsors with multiple sites, it is important to review civil rights compliance at each of the sites on an ongoing basis.

28. 5. Non-Compliance Resolution
Written notice is provided.
Corrective action must be completed.
If unresolved within 60 days, OSPI will forward to USDA.
During compliance reviews, if an area of noncompliance is determined, it needs to be resolved.
Written notice should be provided, describing the noncompliance and the action required to correct the situation.
When the corrective action has not been completed within 60 days, OSPI will forward the information to USDA, which begins a process to resolve the noncompliance findings.

29. 6. Accommodation of Persons with Disabilities
When a program participant has a diagnosed disability that restricts their diet, the sponsor MUST provide the prescribed food substitutions or modifications at no charge.
Requires a Medical Note from a recognized medical authority.
There are requirements for reasonable accommodations of persons with disabilities.
When a program participant has a diagnosed disability that restricts their diet, the sponsor MUST provide the prescribed food substitutions or modifications at no charge. For a sponsor to accommodate a dietary need based on a diagnosed disability, a medical note from a recognized medical authority is required.
See the OSPI Child Nutrition Services Special Dietary Needs Reference Sheet for additional information.

30. Take reasonable steps to assure meaningful access.
7. Language Assistance
Failing to provide services to Limited English Proficiency (LEP) potentially eligible persons, may be discrimination.
Take reasonable steps to assure meaningful access.
Meaningful Access: providing reasonable, timely, appropriate and competent language services at no cost to individuals with LEP.
There are requirements for language assistance.
Institutions are expected to take reasonable steps to assure meaningful access.
Reasonable steps depends on:
The number or proportion of Limited English Proficiency persons from a particular language group encountered in the population.
The frequency with which Limited English Proficiency individuals come in contact with the program.
The nature or importance of the program to people’s lives, and;
The resources available and costs.
Smaller organizations with smaller budgets are not expected to provide the same level of language services as larger recipients with larger budgets.
Recipients should carefully explore the most cost-effective means of delivering competent and accurate language services before limiting services due to resource concerns.
USDA provides the income eligibility forms in various languages.

31. 7. Language Assistance
See the OSPI Child Nutrition Services Reference Sheet for guidance on Limited English Proficiency

32. “Mapping Tools” at LEP.gov
Here is a map of Washington that shows Percent of Persons who speak a Language other than English and speak English Less than “Very Well”
Percent of Persons who speak a Language other than English and speak English Less than “Very Well”

33. “Mapping Tools” at LEP.gov
Here you can see a breakdown of the languages spoken by people in Washington who speak a language other than English and speak English Less than “Very Well.” Spanish speakers make up nearly half of this population.

34. Language Assistance Factors to Consider:
The number or proportion of LEP persons from a particular language group encountered in the population.
The frequency with which LEP individuals come in contact with the program.
The nature or importance of the program to people’s lives.
The resources available and costs.
Here are some factors to consider:
#1. what experience do you have with the people that speak this language? What services were needed? Community agencies or religious organizations can help identify populations for whom outreach is needed and who would benefit from language assistance
#2. the more frequent the contact with a specific language group, the more likely that enhanced language services are needed. The steps that are reasonable to serve a person on a one-time basis are different than those when a person is encountered daily
#3. The civil rights division covers many USDA programs. Would denial or delayed access to services have serious or life-threatening implications? For example, delayed access to special diet forms because a dietary accommodation form is not available in a participant’s preferred language.
#4. Small districts may have more limited resources for language assistance than larger ones. It’s important to use the resources we have available. If a district translates information into a language not available by USDA, we would love to share it with the rest of the state. Always see what can be done to accommodate the LEP individual before limiting services.

35. Interpretation Services
Language Assistance
Interpretation Services
Offer interpreter whenever requested by parent or school staff.
Do not use students or other children.
Parents may voluntarily choose to decline the district’s offer of an interpreter and choose instead to rely on an adult friend or relative for interpretation services, but school staff should never suggest this as an alternative to providing appropriate language services.
Districts can contract with OSPI for phone interpretation services and translation services

36. Language Assistance Translation Services
Schools must identify and translate all vital documents that are common in each school.
Vital documents for CNS:
Meal Application
Documents required for
response to verification
Notice of approval or denial of benefits
USDA has translated meal application materials into 49 different languages
This site is linked from our OSPI CNS website go to the NSLP + BP page, then click – Free and Reduced Price Information and Verification, then click – Translated School Meal Applications

37. 8. Conflict Resolution
Address conflict early and prevent from escalating.
Treat all parties with respect and dignity.
Provide timely services.
Avoid casual comments involving race, color, national origin, sex, age, or disability.
Bring in neutral third party when appropriate.
Conflict resolution:
When people are upset or angry and it is not handled well, there is the potential for people to believe that they are being discriminated against.
It is important to work with your staff to be sure they know how to work with parents / students so that problems can get resolved rather than escalating.
Be sure to address these types of problems with staff during training.

38. Discrimination vs. poorly handled conflict
8. Conflict Resolution
Discrimination vs. poorly handled conflict
Scenario:
A man was on the news complaining about a Summer Food Service Program site. His children attend the park site and want to take the meals off-site and were told they cannot do so. He is quoted as saying he is being discriminated against because he is overweight.
How might you respond to this parent?
What would you do to address the situation in the scenario discussed earlier? One possible way meal site staff could handle this situation is to show the disgruntled parent a list of the site rules for the Summer Food Service Program and explain that the intention of the rules are to ensure all children participating in the program receive and eat nutritious meals in a congregate eating space where food safety can be monitored. Explain that not following the site rules established for this meal program puts the sites meal service operation at jeopardy. Invite the parent and his children to join you for meals in the park again in the future.

39. 9. Customer Service and Civil Rights
Good Customer Service decreases the likelihood of all complaints!
It is important to remember that good customer service decreases the likelihood of all complaints!

40. 10. Civil Rights Training Completed yearly. All Staff must attend.
Document:
Who is in attendance.
Date of Training.
Training Topics.
It is the responsibility of the sponsor to document that all food service employees receive civil rights training each year. Documentation includes a training agenda including the date of the training and a sign in sheet or list of the attendees. Training is important because sponsors need to be prepared to handle a civil rights complaint if one occurs. In addition to training, the sponsor must have a policy in place that describes how the situation will be handled and who the contact person is for help with handling or documenting the complaint.
Keeping a civil rights file either in hardcopy or electronically with complaint forms and a log sheet is essential for compliance. You must have a separate sheet for each year, even if there are no complaints.

41. Questions?
Visit the OSPI Child Nutrition Services webpages for your Child Nutrition Program for reference sheets and other resources.
Contact OSPI Child Nutrition Services at:
Do you have questions about Civil Rights in Child Nutrition Programs? If so:
Visit the OSPI Child Nutrition Services webpages for your Child Nutrition Program for reference sheets and other resources.
Or Contact OSPI Child Nutrition Services at (360)

42. Resources Reference Sheets Training Slides
The CN Webpages have great resources for you to refer to and train your staff.

43. Use this training!
Please use this Power Point and this linked video to supplement your training!
Just make sure to add in YOUR ORGANIZATION’S practices and discuss your Civil Rights Procedures with your team.

44. Creative Commons License
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