1. Civil Rights Training and Compliance Your Responsibility in the School Nutrition Programs Rev. Spring 20151 Virginia Department of Education, School Nutrition Programs

2. What Are Civil Rights? Civil rights are the nonpolitical rights of a citizen; the rights of personal liberty guaranteed to U.S. citizens by the 13th and 14th Amendments to the U.S. Constitution and Acts of Congress Civil rights refer to the fair and equitable treatment of all customers and employees Rev. Spring 20152Virginia Department of Education, School Nutrition Programs

3. Civil Rights Laws Title VI – Civil Rights Act of 1964 Race, color, national origin Title IX of the Education Amendments of 1972 Sex Section 504 of the Rehabilitation Act of 1973 Disability Americans with Disabilities Act Disability Rev. Spring 20153Virginia Department of Education, School Nutrition Programs

4. Civil Rights Laws Cont…. Age Discrimination Act of 1975 Age Civil Rights Restoration Act of 1987 Race, color & national origin Program statutes and regulations Race, color, national origin, sex, age, and disability Rev. Spring 20154Virginia Department of Education, School Nutrition Programs

5. Civil Rights Requirements FNS 113-1 The USDA requires that all staff who work with program applicants or participants receive annual Civil Rights training Federal legislation establishes regulations and requirements for recipients of federal funds to prohibit discrimination and ensure equal access to all programs and activities of the recipients http://www.fns.usda.gov/sites/default/files/113-1.pdf Rev. Spring 20155Virginia Department of Education, School Nutrition Programs

6. Civil Rights Training Training is required so that people involved in all levels of administration of programs that receive federal financial assistance understand civil rights laws, regulations, procedures and directives State agencies are responsible for training local school nutrition administrators on an annual basis School divisions are responsible for training, on an annual basis, their school nutrition staff who interact with applicants or participants Rev. Spring 20156Virginia Department of Education, School Nutrition Programs

7. Purpose of Civil Rights Training To inform, educate, and support all staff who interact with School Nutrition Program (SNP) applicants and participants To inform SNP staff of their responsibilities and the rights of program participants Educate SNP staff on the general USDA Civil Rights requirements Support SNP staff by providing resources and information Rev. Spring 20157 Virginia Department of Education, School Nutrition Programs

8. Goals of Civil Rights Eliminate barriers to program benefits Provide equal treatment to all Explain rights and responsibilities Show respect and dignity to all Rev. Spring 20158Virginia Department of Education, School Nutrition Programs

9. CIVIL RIGHTS CONCEPTS Stereotyping Prejudice Discrimination Rev. Spring 20159Virginia Department of Education, School Nutrition Programs

10. Federal Law Prohibits Discrimination On the Basis of Any Protected Class Rev. Spring 201510Virginia Department of Education, School Nutrition Programs

11. What is a Protected Class? A protected class refers to any person or group of people who have a characteristic for which discrimination is prohibited by law Protected classes in the SNP include: Race Color National origin Age Sex Disability Rev. Spring 201511Virginia Department of Education, School Nutrition Programs

12. What is Discrimination? Definition: Treating people differently through prejudice; unfair treatment of one person or group, usually because of prejudice about race, ethnicity, age, religion, or gender Rev. Spring 201512Virginia Department of Education, School Nutrition Programs

13. Civil Rights Requirements for SNP 1. Provide public notification 2. Collect and report racial & ethnic data 3. Assure Equal Access to the program 4. Provide reasonable accommodation: Limited English proficiency Disabilities 5. Handle civil rights complaints in accordance with prescribed procedures 6. Conduct annual civil rights training Rev. Spring 201513Virginia Department of Education, School Nutrition Programs

14. 1. Provide Public Notification Rev. Spring 201514 Virginia Department of Education, School Nutrition Programs

15. Public Notification Purpose: To inform potentially eligible persons, applicants, participants and grassroots organizations of the availability of the SNP To reach as many applicants, participants, and potentially eligible persons as possible To conduct outreach to unserved or underserved populations using appropriate translation materials To ensure program access Rev. Spring 201515Virginia Department of Education, School Nutrition Programs

16. “ And Justice for All” Poster  All agencies participating in the School Nutrition Programs must display the USDA non- discrimination poster in a prominent area where participants and potential participants have access to it  11 x 17 sized poster is preferred Rev. Spring 201516Virginia Department of Education, School Nutrition Programs

17. Non-Discrimination Statement The USDA required non-discrimination statement must be included on all forms of communication and program materials for the SNP This includes all material for public information, education, or distribution that mentions USDA programs Rev. Spring 201517 Virginia Department of Education, School Nutrition Programs

18. Required Non-Discrimination Statement The U.S. Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the basis 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 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 http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 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. 20250-9410, by fax (202)690-7442 or email at program.intake@usda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer. Rev. Spring 201518Virginia Department of Education, School Nutrition Programs

19. Required Non-Discrimination Statement If the material or document is too small to permit the full statement the material must, at a minimum, include the following: “This institution is an equal opportunity provider. and employer” Rev. Spring 201519Virginia Department of Education, School Nutrition Programs

20. Examples of Materials that Require the Non-Discrimination Statement Print Advertisements Flyers Brochures Posters Agency Publications Parent/Student Handbook Employee Handbook Newsletters School Web sites Letters Broadcast/Public Service Announcement Internet Radio TV Enrollment Forms Menus Rev. Spring 201520Virginia Department of Education, School Nutrition Programs

21. Other Things to Consider Provide appropriate information in alternate forms in appropriate translations as needed and in appropriate formats for persons with disabilities To convey the message of equal opportunity program material should reflect diversity and inclusion in all program-related information, photos, and graphics Rev. Spring 201521Virginia Department of Education, School Nutrition Programs

22. 2. Collect and Report Racial & Ethnic Data Collect ethnicity data first, then race data Ethnicity categories Hispanic or Latino Non-Hispanic or Latino Race Categories American Indian or Alaskan Native Asian Black or African American Native Hawaiian or Other Pacific Islander White Rev. Spring 201522 Virginia Department of Education, School Nutrition Programs

23. Why Do School Divisions Have to Collect Racial and Ethnic Data? The data is used to determine how effectively your program is reaching potentially eligible children and where outreach may be needed. Rev. Spring 201523Virginia Department of Education, School Nutrition Programs

24. 3. Equal Access to the Program All students must be allowed equal opportunities to participate in the school nutrition programs regardless of race, color, national origin, sex, age, disability All participants must be treated in the same manner Rev. Spring 201524Virginia Department of Education, School Nutrition Programs

25. 4. Provide Reasonable Accommodation: SNP must provide reasonable accommodation for persons with disabilities SNP must provide reasonable language and literacy assistance when needed Rev. Spring 201525Virginia Department of Education, School Nutrition Programs

26. Reasonable Accommodation for Persons with Disabilities What is a disability: Definition: physical or mental impairment which substantially limits one or more of an individual’s major life activities, has a record of such an impairment, or is regarded as having such an impairment Disabilities are defined based on Section 504 of the Rehabilitation Act/Americans with Disabilities Act and Part B of the Individuals with Disabilities Education Act (IDEA) Rev. Spring 201526Virginia Department of Education, School Nutrition Programs

27. What Is The School’s Responsibility to Children with Disabilities? Provide facilities for participants with disabilities Provide appropriate information in alternative formats for persons with disabilities Provide food substitutions for students with disabilities when documented in writing by a licensed physician Rev. Spring 201527Virginia Department of Education, School Nutrition Programs

28. Providing Menu Item Substitutions USDA regulations require substitutions or modifications in school meals for children whose disabilities restrict their diets based on a licensed physician’s assessment Disabilities and appropriate substitutions must be documented by a physician’s statement USDA has special rules that apply to milk substitutions (refer to Superintendent’s Memorandum # 267-09) Rev. Spring 201528Virginia Department of Education, School Nutrition Programs

29. Language Accommodations All SNP receiving federal funds must take reasonable steps to ensure meaningful access to their programs for persons with Limited English Proficiency (LEP ) Rev. Spring 201529Virginia Department of Education, School Nutrition Programs

30. Recognizing a Civil Rights Complaint A complaint of unequal treatment can be:  Verbal  In Writing  Observed Rev. Spring 201530Virginia Department of Education, School Nutrition Programs

31. 5. Handle Civil Rights Complaints In Accordance With Prescribed Procedures What to do if a complaint is made: Notify the School Nutrition Director immediately Provide forms for written complaint Take detailed notes of verbal complaints Have a central location where copies of Civil Rights complaints will be documented and kept The School Division must notify the State Agency All verbal or written complaints must be forwarded by the SA to the Civil Rights Division of the USDA Food and Nutrition Service within three days of receipt Rev. Spring 201531Virginia Department of Education, School Nutrition Programs

32. Information needed Complainant’s: Name Address Telephone number Location where the alleged discrimination occurred Nature of the incident Basis for the claim (race, age, disability, etc.) Names of witnesses Date when the alleged discrimination occurred Rev. Spring 201532Virginia Department of Education, School Nutrition Programs

33. Rev. Spring 201533Virginia Department of Education, School Nutrition Programs

34. 6. Conduct Annual Civil Rights Training Topics should include : Purpose of the training Federal laws that prohibit discrimination based on protected classes Requirement for public notification Non-discrimination statement Customer service Meal service Confidentiality Language assistance Reasonable accommodations for persons with a disability Menu substitutions Conflict resolution Handling Civil Rights Complaints. Rev. Spring 201534Virginia Department of Education, School Nutrition Programs

35. CIVIL RIGHTS CUSTOMER SERVICE GUIDELINES GOLDEN RULE “Treat others as you want to be treated” Rev. Spring 201535Virginia Department of Education, School Nutrition Programs

36. Customer Service All students must be allowed equal opportunities to participate in the School Nutrition Programs regardless of race, color, national origin, sex, age, or disability. All participants must be treated in the same manner (i.e., seating arrangements, serving lines, services and facilities, assignment of eating periods, methods of selection for application approval and verification processes) Rev. Spring 201536Virginia Department of Education, School Nutrition Programs

37. MEAL SERVICE All persons must: Be included in meal and snack service, activities and discussions Receive equally positive comments as well as constructive education regarding meal time, nutrition, manners, etc. Children must not be required to use a separate dining room, separate serving line, or separate serving time based on eligibility for free/reduced meals, sex, national origin, race/color, etc. All students within the same grade grouping must be offered the same selection of menu items in the same amounts regardless of their eligibility, sex, national origin, race/color, etc. Rev. Spring 201537Virginia Department of Education, School Nutrition Programs

38. DENIAL OF MEALS USDA policy prohibits the denial of meals as a disciplinary action against any student who is enrolled in a school that participates in the USDA Nutrition Programs including: Disciplinary actions that directly result in the loss or denial of meals Requiring a child to work for his/her meals Rev. Spring 201538Virginia Department of Education, School Nutrition Programs

39. Circumstances Where Meals May Be Denied : Disciplinary actions that indirectly result in loss of meals (i.e., student is suspended from school) Schools are not required to serve children who receive reduced or full price meals but do not have the money to pay Rev. Spring 201539Virginia Department of Education, School Nutrition Programs

40. FOOD FOR THOUGHT Minimize the risk of a civil rights discrimination complaint. Ask yourself the following questions each time a student and/or parent comes to your cafeteria: Am I treating this person in a fair, kind, customer- friendly manner, as I also treat others? And, How would I want to be treated? Rev. Spring 201540 Virginia Department of Education, School Nutrition Programs