Civil Rights Training

1. Civil Rights Training Presented by the Nevada Department of Education

2. Authority Title VI of the Civil Rights Act of 1964 Prohibits discrimination based on race, color, and national origin In programs receiving federal funding & implementing USDA regulation 7 CFR Part 15, Subpart A and Subpart C Authority basically means citations to FNS 113-1.Authority basically means citations to FNS 113-1.

3. Authority Americans with Disabilities Act Title IX of the Education Amendments of 1972 Sex Section 504 of the Rehabilitation Act of 1973 Disability Age Discrimination Act of 1975 PRWORA and DOJ Memorandum, 1999 Civil Rights Restoration Act of 1987 Food Stamp Act of 1977, amended Enforcement of Civil Rights of 1964, national origin discrimination against persons w/ limited English proficiency USDA Dept Reg 4330-2 USDA Reg 7 CFR Part 16, Equal Opp for Religious Organizations PRWORA & DOJ mean: personal responsibility and work opportunity reconciliation act of 1996. Department of Justice. PRWORA & DOJ mean: personal responsibility and work opportunity reconciliation act of 1996. Department of Justice.

4. USDA Policy USDA prohibits discrimination in all programs & activities on the basis of race, color, national origin, age, disability, and, sex. Updated to reflect current legislation and several protected classes. This is USDA�s policy statement, no Child Nutrition Programs. Updated to reflect current legislation and several protected classes. This is USDA�s policy statement, no Child Nutrition Programs.

5. USDA Policy continued� Sexual orientation, marital or family status, parental status, and genetic info are not protected in FNS programs

6. Question? What are the 6 FNS nutritional assistance programs protected bases?

7. Answer Age Color Disability National Origin Race Sex

8. Applicability FNS-113-1 is applicable to all programs & activities of a recipient (state agency, local agency or other subrecipient of Federal financial assistance, whether those programs are federally funded in whole or not Has not changed This applies to everything we do in Child Nutrition.This applies to everything we do in Child Nutrition.

9. Limited English Proficiency (LEP) State agencies, local agencies, or other subreceipients that fail to provide services to LEP persons, applicants, or participants, or deny access may be discriminating on the basis of national origin

10. LEP continued�Primary Factors To Consider # of proportion of LEP persons in the eligible service population The greater the #, the higher the need Frequency of contact in the programs Can do outreach Importance of the service provided by the program Resources available to the recipient/costs State agencies, local agencies, and subrecipients must take reasonable steps to assure access to information and services. The factors are above. #1: language, census data, community organizations. The most Hispanic individuals in a district, the greater the need. #2: interpreters for applications #3: Need to ask will denial of service cause a serious life threatening implication? Disability and doctor�s notes. #4: Share resources to save money. Use a Spanish speaker from another department. Train bilingual staff to be interpreters.State agencies, local agencies, and subrecipients must take reasonable steps to assure access to information and services. The factors are above. #1: language, census data, community organizations. The most Hispanic individuals in a district, the greater the need. #2: interpreters for applications #3: Need to ask will denial of service cause a serious life threatening implication? Disability and doctor�s notes. #4: Share resources to save money. Use a Spanish speaker from another department. Train bilingual staff to be interpreters.

11. LEP & School Districts Must make materials available in the appropriate language www.fns.usda.gov/cnd UDSA website has all other languages.UDSA website has all other languages.

12. Public Notification

13. Public Notification Purpose Inform applicants, participants, and potential eligibles of :

14. Public Notification continued� Program Availability Nevada requires the public announcement to be sent to the media each school year Complaint Information Applicants & participants must be advised at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures Public Announcement Complaint Procedure Nondiscrimination Statement All information materials & sources (websites), used by state agencies, local agencies, or subrecipients to inform the public about the programs must contain a nondiscrimination statement. If the district website mentions program availability the non-discrimination statement must be on the website somewhere. If the district website mentions program availability the non-discrimination statement must be on the website somewhere.

15. Nondiscrimination Statement �In accordance with Federal law and the U.S. Department of Agriculture policy, this institution does not discriminate 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, D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.

16. Nondiscrimination Statement Not required, but recommended on menus Nor required to be printed on items such as cups, buttons, magnets, and pens When the size is impractical State, local, subrecipients must post the nondiscrimination statement in their offices and be included in full on all materials produced for the public Page 13 of FNS-113-1 Nondiscrimination statement must be posted where applications are processes or where program availability takes place. Usually the Child Nutrition office. Nondiscrimination statement must be posted where applications are processes or where program availability takes place. Usually the Child Nutrition office.

17. USDA poster/And Justice For All Districts must prominently display It is currently unknown when the new And Justice For All Posters will be distributed by USDA. Prominently display in the cafeteria and Child Nutrition Office.Prominently display in the cafeteria and Child Nutrition Office.

18. Civil Rights Training USDA, to State Agency, to Districts (directors), to frontline staff. The purpose of training is that all levels understand civil rights laws, directives, procedures, and directives. All Child Nutrition personnel must be trained, if they are involved in the programs.USDA, to State Agency, to Districts (directors), to frontline staff. The purpose of training is that all levels understand civil rights laws, directives, procedures, and directives. All Child Nutrition personnel must be trained, if they are involved in the programs.

19. Civil Rights Training continued� To be done annually Topics: Data Collection & Reporting Effective public notification systems Complaint procedures Compliance review techniques Resolution of noncompliance Requirements for reasonable accommodations of persons w/ disabilities Conflict resolution Customer service How is NDE going to ensure civil rights training took place annually? Documented records, attendance sheets, and agenda�s. This year it will be a CRE question. How is NDE going to ensure civil rights training took place annually? Documented records, attendance sheets, and agenda�s. This year it will be a CRE question.

20. Data Collection & Reporting State & local agencies, and other subrecipients are required to obtain data by race & ethnic category on potential eligibles, applicants, and participants in the programs. Districts are responsible for this data, not Child Nutrition. Districts are responsible for this data, not Child Nutrition.

21. Data Collecting & Reporting continued� Systems must ensure data is: Collected & retained by the service delivery point for each program Based on document records & maintained for three years Access restricted to authorized personnel Submitted as requested to FNS Regional or Headquarters Offices Three years plus current year.Three years plus current year.

22. Compliance Reviews Civil Rights findings during the CRE require a corrective action plan that ensures compliance with this Instruction

23. Resolution of Noncompliance Districts must submit an acceptable corrective action plan Failure to respond or correct the finding may result in suspension or termination of financial assistance.

24. Complaints of Discrimination Right To File Any person alleging discrimination has the right to file a complaint within 180 days of the alleged action Acceptance Nevada, written or verbal forward to USDA Forms District may develop their own Verbal Complaints The elements of the complaint should be written up by the complainant or the person allegations are made against All complaints based on the 6 protected categories, either written or verbal must be processed within the required timeframes. The complainant must be advised of confidentiality and the Privacy Act. The complainant and entity are encouraged to solve this at the lowest possible level and as quickly as possible.All complaints based on the 6 protected categories, either written or verbal must be processed within the required timeframes. The complainant must be advised of confidentiality and the Privacy Act. The complainant and entity are encouraged to solve this at the lowest possible level and as quickly as possible.

25. Forms FNS 113-1 Sample Complaint Form District Child Nutrition must know their complaint policy. 113-1 is on pages 64-71 of FNS 113-1. District Child Nutrition must know their complaint policy. 113-1 is on pages 64-71 of FNS 113-1.

26. District/CRE Information NDE will ask: Have you ever received any written or verbal complaints alleging discrimination? If YES, have these complaints been reported to the State Agency? What is your policy to handle a complaint of discrimination?

27. District/CRE Information continued� Public Release Letter to parents, application form, income guidelines Copy on file Foreign language translations are available USDA poster displayed in prominent place Correct nondiscrimination stmt on pgrm materials Admission procedures do not restrict enrollment by minority persons Incorrectly denied F/R applications are not disproportionately composed of minority applications Disabled students are provided pgrm benefits

28. District/CRE Information continued� No separation based by race, color, sex, handicap, age or national origin in: Eating periods Seating arrangements Serving lines Eating areas Must inform all parties involved: from superintendent down to cafeteria monitor. Must inform all parties involved: from superintendent down to cafeteria monitor.

29. Questions

30. In The End� Memories of our lives, of our works and our deeds will continue in others, who believe and act for fairness and justice Rosa Parks 1913-2005

31. �In accordance with Federal law and the U.S. Department of Agriculture policy, this institution does not discriminate 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, D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.