Civil Rights Training

1. Civil Rights Training • Presented by the Texas Department of Agriculture

2. Pretest

3. Title Change • 113-1: All previous 113 series instructions are merged into a single instruction • Clearer explanation of roles & responsibilities • Removes ambiguity regarding complaints of discrimination • No longer titled “Policy on Nondiscrimination” • Now called “Civil Rights Compliance and Enforcement—Nutrition Programs & Activities”

4. Race, Color, National Origin, Age, Sex, & Disability were removed from the purpose statement. It is now an all encompassing phrase “Enforcement of the prohibition against discrimination in all FNS nutrition programs and activities, whether Federally funded in whole or not” Purpose Statement

5. Purpose Statement continued… • “The purpose of this Instruction is to establish and convey policy & provide guidance & direction to the USDA F&N Service and its recipients and customers, and ensure compliance with and enforcement of the prohibition against discrimination in all FNS nutrition programs & activities, whether federally funded in whole or not”

6. 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

7. 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 Authority

8. USDA Policy • USDA prohibits discrimination in all programs & activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic info, political beliefs, reprisal, or income.

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

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

11. Age Color Disability National Origin Race Sex Answer

12. 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 pgrms are federally funded in whole or not • Has not changed

13. Definitions • Multiple definitions were added or reworded to provide a clearer understanding of their meaning & application

14. USDA’s office of Civil Rights Development, implementation, coordination, & enforcement of the dept’s civil rights FNS Administrator Implementing civil rights pgrm that ensures nondiscrimination compliance in all FNS pgrms & activities Regional Administrators Direction, leadership, & resources to ensure implementation of regional civil rights compliance pgrm Regional Civil Rights Directors Technical & operational asst, direction & leadership in implementing civil rights. Also facilitate complaints. Responsibilities

15. 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

16. 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 pgrms • Can do outreach • Importance of the service provided by the pgrm • Resources available to the recipient/costs

17. LEP & School Districts • Must make materials available in the appropriate language • www.squaremeals.org • www.fns.usda.gov/cnd

18. Equal Opportunity for Religious Organizations • USDA identifies these organizations as partners in providing nutrition assistance to needy individuals • Prohibits discrimination based on • Religion, religious beliefs, or religious character

19. Districts & Religious Organizations • Districts are encouraged to include them in the public release and applicable civil right requirements.

20. Public Notification

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

22. Public Notification continued… • Program Availability • Texas 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.

23. 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.

24. 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 stmt in their offices and be included in full on all materials produced for the public • Page 13 of FNS-113-1

25. 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.

26. And Justice For All Poster • Pass out copy of poster

27. Assurance • Districts will operate in compliance with all regulations, laws, guidelines, policies, and instructions. • Texas includes the Assurance in the original application agreement signed by each District.

28. Civil Rights Training

29. To be done annually Topics: Collection & use of data Effective public notification systems Complaint procedures Compliance review techniques Resolution of noncompliance Requirements for reasonable accommodations of persons w/ disabilities Conflict resolution Customer service Civil Rights Training continued…

30. 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.

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

32. Race & Ethnic Categories, Two Question Format • 1. Ethnicity: collected first • Hispanic or Latino. Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. • Not Hispanic or Latino • 2. Race: Mark one or more • American Indian or Alaskan Native. Origins of North/South America (including Central America & who maintain tribal affiliation)

33. Race & Ethnic Categories, continued… • Asian. Origins of the Far East, Southeast Asia, or Indian subcontinent. • Black or African American. Origins of Africa, Haitian or Negro. • Native Hawaiian or Other Pacific Islander. Origins of Hawaii, Guam, Samoa, or other Pacific Island. • White. Origins of Europe, Middle East, or North Africa.

34. Race & Ethnic Categories continued… • Program applicants may not be required to furnish race or ethnicity • Identification must be voluntary • Visual observation will be used when the applicant does not self-identify

35. Compliance Reviews • TDA conducts review • Civil Rights findings during the CRE require a corrective action plan that ensures compliance with this Instruction

36. 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.

37. Right To File Any person alleging discrimination has the right to file a complaint within 180 days of the alleged action Acceptance In Texas, written or verbal forward to TDA F&N Forms Complaint form in ARM 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 Complaints of Discrimination

38. Forms • Pass out FNS 113-1 Sample Complaint Form • Pass out ARM Complaint Form

39. District/CRE Information • TDA 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?

40. 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 District/CRE Information continued…

41. 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

42. Exercise • I need 6 volunteers

43. District/CRE Information • All discrimination complaints written or verbal must be reported to TDA F&N division

44. Procedures for Processing Civil Rights Complaints • State Agency will • Accept & acknowledge the compliant • Gather facts to support or refute complaint’s allegation (s) • Ensure all relevant sources of info are investigated • Review & evaluate the facts • Implement corrective action plan, if necessary

45. Procedures for Processing & Resolving Complaints • All complaints alleging age discrimination must be referred to the Federal Mediation & Conciliation Service within 5 working days after receipt • All complaints alleging discrimination in general must be processed within 90 days of receipt • Contact FNS Regional Office

46. Post-test

47. Questions

48. 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

49. “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.