Civil Rights & Modifications to Accommodate Disabilities

1. Civil Rights & Modifications to Accommodate Disabilities Barbara Adams 2018 Annual NSLP Training USDA Professional Standards: 1160– Special Diets, Including Food Allergies

2. Agenda • Civil Rights • Discrimination • Accommodations for Disabilities • Allergies • Medical Statement • Implementation and Compliance • Post-Test • Question and Answer

3. Purpose of Civil Rights Training • All employees who support USDA child nutrition feeding programs must: • understand the laws regarding Civil Rights • treat program participants and fellow employees with respect in accordance with civil rights laws • understand the civil rights complaint process

4. What are Civil Rights? • Civil rights are the rights of personal liberty guaranteed to US citizens by the US Constitution and acts of Congress • Goals: - Equal treatment for all applicants and beneficiaries - Knowledge of rights and responsibilities - Elimination of illegal barriers that prevent or deter people from receiving benefits - Dignity and respect for all

5. What is Discrimination? • Treating one person (or a group of people) differently from others based upon their protected classes • Discrimination can occur intentionally or by neglect, by actions or by lack of actions

6. Discrimination

7. Limited English Proficiency (LEP) • Individualswhodonot speak Englishas their primarylanguageand havea limitedabilityto read,speak,write,or understandEnglish • EmployeesofChildNutritionprogramsmust assist personswith LEP • See USDA Memo SP 37-2016 “Meaningful Access for Person with Limited English Proficiency (LEP) in the School Meal Programs: Guidance and Q&As”

8. Accommodations for Disabilities • One isconsideredtohaveadisabilityif: • Onehasa physicalormentalimpairmentthat substantiallylimitsoneormoremajorlife activities • Onehasa recordofsuch impairment • Oneisregardedashavingsuchanimpairment • Expanded Definition of Disability – Revises “Substantially Limits” • Need not prevent, or severely/significantly restrict a major life activity • Individualized assessment • Without regard to ameliorative effects of mitigating measures • May include an impairment that is episodic or in remission if it would substantially limit a major life activity when active

9. Expanded Definition of Disability

10. Types of Discrimination • Discrimination due to disability • Denying benefits or opportunity to participate • Segregating individuals with disabilities • Aiding, perpetuating or contracting with others that discriminate • Failure to provide a reasonable modification • Ineffective communication • Inaccessible facilities • Ensure access (parking lot, entrances and exits, halls, elevators, restrooms, sign language interpreters, Braille signage, and service animals) • Alternative arrangements for service • Frontline staff may need to assist to ensure all have access to meals

11. Reasonable Modifications • A change or alteration in policies, practices, and procedures to accommodate a disability • Duty to negotiate over modification. Saying “no” is never appropriate. • Providing appropriate modifications – not ferreting out whether the child has a disability or any possible abuse of the process • On a case-by-case basis • Modification requested should be related to the disability or limitations caused by the disability • Modification requested does not have to be the modification provided • Providers must still accommodate even where the person requesting modification believes more should be done Exception: Modifications are not required that would fundamentally alter the nature of the program. Must be approved by OSSE.

12. Reasonable Modifications: Key Considerations • Costs/resources and age of the child • “Stereotypes” regarding certain conditions or individuals must never drive decisions • Meal accommodations do not need to mirror the meal or meal item substituted • “Lifestyle” choices (e.g. vegetarian) are not considered disabilities and need not be accommodated unless related to an underlying disability

13. Food Allergies • Many food allergies fall under the definition of disability expanded by the ADA Amendments Act (ADAAA). • According to the CDC: “In the United States, the following eight foods or food groups account for 90% of serious allergic reactions: milk, eggs, fish, crustacean shellfish, wheat, soy, peanuts, and tree nuts.” • Applies to much more than just “life threatening” allergic reactions. • “Digestive”and“Respiratory” functions are specifically listed in the ADAAA.

14. Key Considerations • Universal exclusions of specific foods or food groups is not an FNS policy, but could be appropriate depending on the circumstances, and is within the discretion of recipients • Meal substitutions, which had previously been “permissible” may be required if needed by a qualified person with a disability

15. Program Accessibility • Ensure food service areas are accessible • Provide auxiliary aids and services, if needed: • Food service aides • Adaptive feeding equipment • Meal tracking assistance • Other effective methods

16. Integrated Environment • Disabled individuals should be accommodated in the least restrictive and most integrated setting possible • In the food allergy context, this most often comes into play where children with food allergies are ostracized in some way during meal time • Providers must always balance safety vs. stigma • Age and severity of allergy are the primary considerations

17. Medical Statement Example Three essential components: • The food(s) to be avoided (allergens) • Brief explanation of how exposure to the food(s) affects the child • Recommended Substitute(s)

18. Medical Statement Requirements • Medical statement(s) may be requested but are not required for substitutions within meal pattern requirements • Statement provides sufficient information about impairment (diagnosis not required and should not be requested), how it restricts diet, and how to accommodate condition • Seek clarification if inadequate or unclear

19. Medical Statement Requirements • Clarification should not unnecessarily delay modification-it could be characterized as harassment/denial • Need written statement from a State licensed healthcare professional who is authorized to write medical prescriptions (physician not required) • Cannot request medical records/charts

20. Implementation & Compliance • Develop procedures for parents/guardians to request reasonable modifications • Train school and food service staff on reasonable modification procedures and legal requirements • At minimum, annually • As often as necessary • Appoint a 504 Coordinator to ensure compliance • Assemble a teamto implement guidelines and render decisions on modification requests

21. Procedural Safeguard • Provide notice of: • Process for requesting modification • Decision • Procedural rights • Opportunity to examine the record and file a grievance • An impartial hearing with parental participation and legal representation (if desired); and • A review procedure (avenue for appeal)

22. CustomerService • Bepolite • Bepatient • Avoidsarcasm • Beempathetic • Treatall peopleequally • Smile • Apologize • No needtohave thelast word

23. Complaints • Anyemployeeorparticipantalleging discriminationbasedona prohibitedbasis has the righttofileaclaimwithin180daysof the allegeddiscriminatoryaction. • Tofileacomplaint,goto https://www.ascr.usda.gov/program-discrimination-complaint-filing

24. Conflict Resolution • FNSutilizesthe“alternativedispute resolution”or ADRmethodforconflictresolution. • Mayincludemediation,facilitation,neutral evaluation,conciliation,factfinding,useofan ombudsman,settlementconferences,mini-trials, andpeerreview. • Formoreinformationvisit:www.ascr.usda.gov/filing-discrimination-complaint-usda-employee

25. "And JusticeforAll" Poster • Prominently displayedineach foodservicearea soitisvisibleto participants • Poster was updated for the 2015-2016 school year • All sites must display the updated poster

26. Test Your Skills • Post-Test (Kahoot!)