Civil Rights Training Civil Rights Training Updated August 2017 Objectives…. -What is included in Civil Rights and what does discrimination mean -Review the USDA Civil Rights statement and understand where and how it must be used -review what USDA Civil Rights activities and procedures must be followed by LEAs and sponsors participating in USDA Child Nutrition Programs

Why? Why? Civil Rights Regulations are intended to assure that benefits of Child Nutrition Programs are made available to all eligible people in a non-discriminatory manner. Civil Rights Regulations are intended to assure that benefits of Child Nutrition Programs are made available to all eligible people in a non-discriminatory manner. All sponsors receiving Federal dollars must implement Civil Rights requirements to be eligible for the program.

What is discrimination? Different treatment which makes a distinction of one person or a group of persons from others; either intentionally, by neglect or by the actions or lack of actions based on the protected classes. Discrimination is the different treatment which makes a distinction of one person or a group of persons from others; either intentionally, by neglect or by the actions or lack of actions based on the protected classes.

What is required? What is required? Collection of data Public notification Complaint Procedures Compliance Review Resolution of non-compliance Accommodation of people with disabilities Language Assistance Conflict resolution Customer service Annual training The regulations (FNS 113) is specific in areas that are required to be included in Civil Rights Training. These will be the areas that we will cover today.

1. Collection of data Collection of data Racial and ethnic identities must be collected annually Self-identification preferred Collection and use of data: Local agencies must have a system to collect the racial and ethnic identities of the populations that they serve. This data will be used to determine how effectively the Food and Nutrition programs are reaching potential eligible persons. Self-identification is the preferred method. Collection of Racial and Ethnic Data -State Agency must collect this information via the LEAs/Sponsors -F/R price applications must have an optional section for participants to record racial or ethnic data. Racial Categories Black or African American Asian American Indian & Alaska Native White Native Hawaiian or Other Pacific Islander   Ethnic Categories Hispanic or Latino Not Hispanic or Latino

Public Notification Systems Inform applicants, participants, and potentially eligible persons of the program availability, program rights and responsibilities, the policy of nondiscrimination, and the procedure for filing a complaint. Include the USDA nondiscrimination statement on any materials that tell about program benefits, including websites. Public Notification Systems Inform applicants, participants, and potentially eligible persons of the program availability, program rights and responsibilities, the policy of nondiscrimination, and the procedure for filing a complaint. Include the USDA nondiscrimination statement on any materials that tell about program benefits, including websites.

Civil Rights Statement The full statement must be included anytime the USDA food programs are referenced: Letters Notice of Eligibility or Denied Eligibility Brochures Website All statements should be in print size no smaller than the text of the document Where do you need to include the Civil Rights statement? The full statement must be included anytime the USDA food programs are referenced: Letters Notice of Eligibility or Denied Eligibility Brochures Website (list on main program page(s) – sub pages do not need to include) All statements should be in print size no smaller than the text of the document

USDA Non-Discrimination Statement (Part 1) Civil Rights Statement USDA Non-Discrimination Statement (Part 1) USDA Nondiscrimination Full 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. (cont. on next slide) This is the 2015 Updated Civil Rights Statement. The following statement is basic to all areas of compliance regarding civil rights. Read statement In case you are not familiar with the word Reprisal - the definition is “Something that is done to hurt or punish someone what has hurt you or done something bad to you. But wait…this is not the entire statement (it was too long to fit on one slide – so we needed to split it between two slides.

USDA Non-Discrimination Statement (Part 2) Civil Rights Statement USDA Non-Discrimination Statement (Part 2) 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. (cont. on next slide) Here is the remainder of the statement

USDA Non-Discrimination Statement (Part 3) Civil Rights Statement USDA Non-Discrimination Statement (Part 3) 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: mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; fax: (202) 690-7442; or email: program.intake@usda.gov. This institution is an equal opportunity provider. This is the remainder of the 2015 Updated Civil Rights Statement.

Short Non-Discrimination Statement Civil Rights Statement Short Non-Discrimination Statement The short statement: “This institution is an equal opportunity provider.” For limited use if the long statement changes the nature of the document. Example: menus There is also a Short Statement, that is simply “This institution is an equal opportunity provider” USDA allows limited use of this short statement if you can’t realistically display the entire statement without changing the nature of the material.

And Justice For All Poster Public Notification Systems And Justice For All Poster “And Justice for All” poster must be posted anywhere program benefits are available. This poster must be prominently displayed where participants can see it. Let’s here your thoughts about where this needs to be displayed? (Cafeteria, Kiosk carts, breakfast in the classroom, snacks, At-risk Afterschool meals….)

You are required to have a civil rights complaint procedure 3. Complaint Procedures Complaint Procedures You are required to have a civil rights complaint procedure All employees should be aware of the procedure and understand how to handle any Civil Rights complaints Every district must have a civil rights complaint procedure. If you have multiple sites, each site should have a copy of the procedure and form. If your district or organization has its own procedure, you may use that. Most importantly all employees must be aware of and understand the procedure – we will talk about training in a bit. A link to the USDA complaint form is on our web page. Use of a form is not required for a person filing a complaint.

Managing Civil Rights Complaints A complaint alleging that discrimination has occurred in violation of one of the protected classes. 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. Civil rights violations are tied to the protected classes.

Managing Civil Rights Complaints (Part 2) A person can allege that discrimination has occurred and file a discrimination complaint because they feel that they were… Delayed in receiving benefits or services that others receive Denied benefits or services that others receive Treated Differently than others to their disadvantage Given Disparate Treatment, something which does not seem discriminatory, but has a discriminatory impact in practice. How do you know if it is a Civil Rights Complaint? Think about the 4 “D’s” A person can allege that discrimination has occurred and file a discrimination complaint because they feel that they were Delayed receiving benefits or services that others receive Denied benefits or services that others receive Treated Differently than others to their disadvantage Given Disparate Treatment, something which does not seem discriminatory, but has a discriminatory impact in practice.

Managing Civil Rights Complaints (Part 3) Right To File A Complaint Any person alleging discrimination has a right to file a complaint within 180 days of the date of the alleged discriminatory action. Under special circumstances this time limit may be extended by the Office of Civil Rights (OCR). Potential CR complaint may start with a phone call, letter, email, fax or any form of communication where someone feels they, or someone they know, has received unequal treatment in any area in the operation of a Child Nutrition Program It is a basic right for a person to file a complaint, however; there is a time limit for filing the complaint. It is very important to document all conversations and information that might be pertinent to a possible civil rights complaint because the person who wishes to file a complaint may report as late as 6 months after the date of the alleged occurrence.

Managing Civil Rights Complaints (Part 4) All civil rights complaints, written or verbal, must be accepted and forwarded to the state agency to be forwarded to the Civil Rights Division of USDA. It is necessary that the information provided be sufficient to determine the identity of the agency or individual towards which the complaint is directed, and to indicate the possibility of a violation. It is the sponsors responsibility to accept the complaint and to be able to do so requires that you collect certain information. The complaint is then forwarded to the appropriate officials for processing.

Managing Civil Rights Complaints (Part 5) Verbal Complaints In the event a complainant makes the allegations verbally or through a telephone conversation and refuses or is not inclined to place such allegations in writing, the person to whom the allegations are made shall write up the elements of the complaint for the complainant. Every effort should be made to have the complainant provide sufficient information to assist in resolving the complaint. A complaint does not need to be written by the person alleging that discrimination has occurred. If the complaint is verbal, the sponsor needs to record the complaint for the person. Ideally during a verbal complaint the following information would be collected: Contact information for the complainant. The specific location and name of the entity delivering the service or benefit. The nature of the incident or action that led the complainant to feel that discrimination was a factor. The basis on which the complainant feels discrimination exists (race, color, national origin, sex,age, or disability). The names, titles, and business addresses of persons who may have knowledge of the discriminatory action. The date(s) during which the alleged discriminatory actions occurred or, if continuing, the duration of such actions.

Managing Civil Rights Complaints (Part 6) Complaint Log A complaint log must be maintained by each Sponsor AND A complaint log is maintained at the State Agency Maintaining complete documentation is very important for all agencies involved in complaint resolution to be in compliance with the regulations.

4. Compliance Review Compliance Review OSPI reviews Sponsor Sponsor reviews each site Assuring compliance with Civil Rights requirements is a State agency responsibility and is included in the Administrative Review process. For programs with multiple sites (schools), it is important to review civil rights compliance at each of the sites on an ongoing basis.

Non-compliance Resolution Written notice is provided Corrective action must be completed If unresolved within 60 days, OSPI will forward to USDA During compliance reviews, if an area of noncompliance is determined, it needs to be resolved. Written notice should be provided, describing the noncompliance and the action required to correct the situation. When the corrective action has not been completed within 60 days, OSPI will forward the information to USDA, which begins a process to resolve the noncompliance findings.

Accomodation of Persons with Disabilities 6. Accommodation of Persons with Disabilities Accomodation of Persons with Disabilities When a program participant has a diagnosed disability that restricts their diet, the institution must provide the prescribed food substitutions or modifications at no charge. Requires a Medical Note from a recognized medical authority. There are requirements for reasonable accommodations of persons with disabilities. See the Special Dietary Needs Reference Sheet for additional information.

Take reasonable steps to assure “meaningful” access. 7. Language Assistance Language Assistance Failing to provide services to Limited English Proficiency (LEP) potentially eligible persons, may be discrimination. Take reasonable steps to assure “meaningful” access. There are requirements for language assistance. Institutions are expected to take reasonable steps to assure meaningful access. Reasonable steps depends on… The number or proportion of LEP persons from a particular language group encountered in the population, The frequency with which LEP individuals come in contact with the program, The nature or importance of the program to people’s lives, and The resources available and costs. Smaller organizations with smaller budgets are not expected to provide the same level of language services as larger recipients with larger budgets. Recipients should carefully explore the most cost-effective means of delivering competent and accurate language services before limiting services due to resource concerns. USDA provides the income eligibility forms in various languages.

8. Conflict Resolution Conflict Resolution Discrimination vs. poorly handled conflict Conflict resolution: When people are upset or angry and it is not handled well, there is the potential for people to believe that they are being discriminated against. It is important to work with your staff to be sure they know how to work with parents / students so that problems can get resolved rather than escalating. Be sure to address these types of problems with staff during training.

Customer Service and Civil Rights Good Customer Service decreases the likelihood of all complaints!

Civil Rights Staff Training 10. Civil Rights Training Civil Rights Staff Training Yearly All Staff Document: Who is in attendance Date of Training Training Topics Training is available on the CNS web pages It is the responsibility of the sponsor to document that all food service employees receive civil rights training each year. Documentation includes a training agenda including the date of the training and a sign in sheet or list of the attendees. Training is important because sponsors need to be prepared to handle a civil rights complaint if one occurs. In addition to training, the sponsor must have a policy in place that describes how the situation will be handled and who the contact person is for help with handling or documenting the complaint. The policy must list what to do if there is a complaint and who to contact. Keeping a civil rights file either in hardcopy or electronically with complaint forms and a log sheet is essential for compliance. You must have a separate sheet for each year, even if there are no complaints.