Civil Rights Compliance in Child Nutrition Programs

1. Civil Rights Compliance in Child Nutrition Programs Child and Adult Care Food Program (CACFP) Bureau of Community Food and Nutrition Assistance Missouri Department of Health and Senior Services

2. What are Civil Rights? “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 by acts of Congress.”

3. Civil Rights Legislation • Title VI of Civil Rights Act of 1964 • Prohibits discrimination based on race, color, and national origin • Title IX of Education Amendments of 1972 • Prohibits discrimination based on sex under any education program or activity that is receiving federal financial assistance • Americans with Disabilities Act (ADA) 1990 and Section 504 of the Rehabilitation Act of 1973 • Prohibits discrimination based on disability • Age Discrimination Act of 1975 • Age • USDA Regulation 7 CFR Part 16, Equal Opportunity for Religious Organizations

4. Customer Service • It is the policy of the USDA and FNS to provide fair and equitable treatment to every employee and customer. • There are specific laws and regulations that provide for the protected classes for each nutritional assistance program to protect against discrimination.

5. What is Discrimination? The act of distinguishing one person or group of persons from other, either intentionally, by neglect, or by the effect of actions or lack of actions based on their protected classes.

6. Protected Classes Federal law prohibits discrimination in Child Nutrition Programs (CNPs) based on: Race Color National Origin Age Sex Disability Religion

7. Responsibilities • Civil Rights Training of Staff • Public Notification • Data Collection • Compliance Reviews • Complaint Procedure • Reasonable Accommodation • Limited English Proficiency • Resolution of Noncompliance • Customer Service

8. What are my civil rights requirements as a sponsor? All participating sponsors inform potential participants of the availability of the Program. In compliance with 7 CFR 225.7(g) and FNS Instruction 113-1, all sponsors and their sites are required to: • Display the nondiscrimination poster (“…And Justice for All”) in a prominent place at each site and the sponsor’s office; • Make program information available to the public; • Make reasonable efforts to provide information in the appropriate translations; • Include the nondiscrimination statement and instructions for filing a complaint, in their public release and in any program information directed to parents of participants and potential participants; • Ensure meals are served to all attending children regardless of race, color, national origin, sex, age or disability; and • Ensure all children have equal access to services and facilities. All sponsors must collect beneficiary data each year by racial/ethnic category for each site under the sponsor’s jurisdiction.

9. USDA State Agency Local Agencies Frontline Staff Civil Rights Training • Sponsors are responsible for training staff on an annual basis and the training must be documented. At the end of the training, staff: • Should be able to identify a civil rights complaint if received. • Should know what to do if they receive a complaint. • Should understand that it is the basic right of the individual to file a complaint.

10. Public Notification System • All sponsors must display in a prominent place the “And Justice For All”, nondiscrimination poster • Provide informational materials in the appropriate translation as needed.

11. 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) 877-8339. 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: http://www.ascr.usda.gov/complaint_filing_cust.html, 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) 632-9992. 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. 20250-9410; (2) Fax: (202) 690-7442; or (3) Email: program.intake@usda.gov. This institution is an equal opportunity provider. 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, 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.)

12. Short Version • If the material is too small (half a page or less) to permit the full statement to be included, the material must, at a minimum, include the statement, in print no smaller than the text, “This institution is an equal opportunity provider and employer” (FNS Instruction 113-1, Page 15[IX][d][2]). • Short version only (exception): When using the short version of the statement, please note that the word “Institution” can be substituted for the agency name (i.e., “The XYZ Sponsor is an equal opportunity provider and employer”.

13. Ethnic/Racial Data Collection • Sponsors must maintain on file the estimated number of potential eligible beneficiaries by ethnic/ racial category for the area served by the sponsor • Collect and maintain the ethnic/racial category of each beneficiary annually • Maintain all records three years

14. Ethnic/Racial Data • Each year, every sponsor must determine the number of potentially eligible participants by ethnic/racial category for the area served. This information may be obtained from census data or public school enrollment data. • The sponsor also must collect ethnic/racial category data each year by ethnic/racial category for each site under the sponsor’s jurisdiction. Sponsors of residential camps must collect and maintain this information separately for each session of the camp. For all other sites, the sponsor must count the participating children at least once during the site’s operation. The sponsor may use visual identification to determine a participant’s ethnic/racial category. For collection purposes, a participant may be included in the group to which he or she appears to belong, identifies with, or is regarded as a member of by the community.

15. Ethnic/Racial Data cont. To provide flexibility and ensure data quality, separate categories must be used when collecting and reporting race and ethnicity. Ethnicity must be collected first. Respondents must be offered the option of selecting one or more racial designations. The minimum designations for collection are: 1. Ethnicity: a. Hispanic or Latino. b. Not Hispanic or Latino. 2. Race: • American Indian or Alaskan Native. • Asian. • Black or African American. d. Native Hawaiian or Other Pacific Islander. e. White.

16. “This information is requested solely for the purpose of determining the State’s compliance with Federal civil rights laws, and your response will not affect consideration of your application, and may be protected by the Privacy Act. By providing this information, you will assist us in assuring that this program is administered in a nondiscriminatory manner.” ~ FNS Instruction 113-1

17. Reasonable Accommodations Sponsors must make reasonable accommodations for persons with disabilities. All sponsors participating in Child Nutrition Programs are required to provide FOOD SUBSTITUTIONS or MODIFICATIONS if: • A physician’s statement is on file that describes the participant’s disability (defined in Federal Regulations affects one or more major life activities) that prevents the participant from eating the regularly offered foods; • The documentation describes the major life activity affected by the disability; and • The physician has indicated the substitutions or modifications that the participantneeds. The Special Diet Statement from the physician must be kept on file at the home and the sponsor.

18. Reasonable Accommodation Continued A reasonable accommodation is any adjustment to the environment that will enable an individual with a qualified disability access to meal participation • Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. Recipients of Federal financial assistance have a responsibility to take reasonable steps to ensure meaningful access to their programs and activities by person(s) with limited English proficiency. • The individual with a disability requiring the accommodation must be otherwise qualified to participate in the Program. A sponsor is not required to make an accommodation if it would impose an "undue hardship" on the operation of site. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors

19. Separation by Gender During Meal Service Prohibited In general, SFAs, institutions, and organizations participating in the Child Nutrition Programs are not permitted to separate children on any protected basis during the service of Program meals or snacks, in keeping with Federal non-discrimination laws and policies as outlined for the Department of Agriculture (USDA) programs in 7 CFR Parts 15, 15a, and 15b. Federal law prohibits discrimination based on gender at any educational institution receiving Federal assistance.

20. Limited English Proficiency (LEP) • Definition: Individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English. All organizations receiving Federal financial assistance have a responsibility to take “reasonable steps” to ensure meaningful access to their programs and activities by persons with LEP.

21. Primary factors to consider when determining reasonable steps: • Number of LEP individuals participating in the program. • The greater the number = the higher the need • Frequency of contact with the program. • Nature and importance of the Program. • Resources available. • Household applications for CACFP are available in 25 languages www.fns.usda.gov • Limited English Proficiency (LEP)- www.lep.gov SHORTAGE OF RESOURCES DOES NOT ELIMINATE REQUIREMENT!!!

22. COMPLIANCE REVIEWS • Compliance reviews examine if programs are being administered in compliance with Civil Rights requirements. • The State Agency is tasked with ensuring that your program meets these requirements. • Your program management is responsible for ensuring that any program under you meets the Civil Rights requirements. • The office performing compliance reviews must advise the reviewed entity, in writing, of the review findings and recommendations. • Reviews by the State Agency with significant findings must be reported to the USDA FNS Regional Office. • There are three types of Compliance Reviews: • Preapproval/Pre-Award Compliance Reviews • Post-Award or Routine Compliance Reviews • Special Compliance Reviews

23. Preapproval/Pre-Award Compliance Reviews • State agencies, subrecipient agencies, and local sites must be in compliance with Civil Rights requirements prior to approval for Federal financial assistance. • The State must ensure that all applicants are in compliance with Civil Rights requirements prior to approval for Federal financial assistance. • Such determinations must be based on a desk or onsite review of CR information provided by the program applicant. • The review must ensure that each program: • Promptly notifies the state of any civil rights lawsuit filed against the program applicant • Provides information regarding any previous civil rights compliance review issues • Compiles and maintains records of compliance

24. Post-Award or Routine Compliance Reviews • FNS and State agency must conduct routine compliance reviews as identified by FNS Instruction 113-1 and program-specific regulations, policies • The State must ensure that all sponsors approved for participation are in compliance with Civil Rights law, regulations, policies, instructions, and guidance. • Sample post-award review questions Do printed materials contain the nondiscrimination statement? • Is the And Justice For All poster displayed appropriately? • Are program informational materials available to all? • Is data on race and ethnicity collected appropriately? • How are applicants and participants advised of their right to file a Civil Rights complaint of discrimination? • Are reasonable accommodations appropriately made for people with disabilities?

25. Special Compliance Reviews • May be scheduled or unscheduled; • To follow-up on previous findings of noncompliance; • To investigate reports of noncompliance by other agencies, media, or grassroots organizations; • May be specific to an incident or policy; • History of statistical underrepresentation of particular group(s); • Pattern of complaints of discrimination.

26. Resolution of Noncompliance • A factual finding that any civil rights requirement, as provided by law, regulation, policy, instruction, or guidelines, is not being adhered to by a State agency, subrecipient agency, or a local site. • Immediate written notice must be given to the subrecipient indicating the areas of noncompliance and the action required to correct the situation. • Steps must be taken immediately to obtain voluntary compliance. • A finding’s effective date is the date of notice to the reviewed entity. • If not in compliance in 60 days, the findings are submitted to the Regional Office of Civil Rights.

27. Civil Rights Complaints Right to file a complaint: Any person who believes he or she has been discriminated against based on race, color, national origin, sex, age, or disability has a right to file a complaint within 180 days of the alleged discriminatory action. Include the following information when submitting a complaint: • Name, address, and telephone number; • The specific location it occurred; • The nature of the incident or action that led to complainant to fee discrimination was a factor; • The basis on which the complainant believes discrimination exists; • The names and contact information of persons who may have knowledge of the alleged discriminatory action; and • The date(s) during which the alleged discriminatory actions occurred.

28. Civil Rights Complaints How to file a complaint: • USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, 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) • MDHSS, Bureau of Community Food and Nutrition Assistance, P.O. Box 570, Jefferson City, MO 65102-0570 or call (800) 733-6251

29. Forms of Civil Rights Complaints • May be written or verbal • If receiving a verbal complaint, listen politely • Complaints can be made via phone, letter, email, fax or any other form of communication • May be anonymous • Anonymous complaints should be handled as any other complaint • May be related to any area of CNP operation • Program administration, food service, employment • 7 CFR 225.7(g) and FNS Instruction 113-1

30. “How far you go in life depends on your being tender with the young, compassionate with the aged, sympathetic with the striving, and tolerant of the weak and strong. Because someday in life you will have been all of these.” George Washington Carver