Civil Rights Compliance in Child Nutrition Programs Summer Food Service Program (SFSP) and the Child and Adult Care Food Program (CACFP) Bureau of Community Food and Nutrition Assistance Missouri Department of Health and Senior Services Welcome to this training session on civil rights for sponsoring organizations (SOs) of the SFSP and SOs for homes and centers in CACFP. - Civil Rights training is a requirement by USDA for any program receiving federal funding. It is important that you understand civil rights related laws, regulations and procedures.

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.” Why are there regulations governing Civil Rights in the Child Nutrition Programs (CNPs)? Civil rights refer to the rights of personal liberty guaranteed by the 13th and 14th amendments to the US Constitution and Acts of Congress These policies and guidance for all CNPs comes from the USDA’s Food and Nutrition Service. In this lesson, we will cover the general USDA civil rights requirements for CNPs and how those requirements affect the operation of your program.

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 Title IX is seen in sports. Section 504 is in any program that receives federal funds. ADA expanded Section 504 7 CFR 16 require equal opportunity for Faith Based Organizations and Community Based Organizations Faith Based Organizations can use space in their facilities without removing religious art or symbols USDA funds or activities may not support worship, religious instruction or proselytization

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. The definition of “discrimination” is on the screen. All participants must be treated in the same manner (i.e. seating arrangements, services and facilities, assignment of eating periods). Goals of Civil Rights: Eliminate barriers Provide equal treatment Ensure participants understand rights Show respect and dignity

Protected Classes Federal law prohibits discrimination in Child Nutrition Programs (CNPs) based on: Race Color National Origin Age Sex Disability Religion Race is Caucasian, Asian, African or black. Color is skin tone. Within a race there can be different skin tones, e.g., African American can be lighter complexion. Federal Law defines the ages of children who can participate in the Summer Food Service Program and the Child And Adult Care Food Program. The Age Discrimination Act requires that all children (as defined by federal law) are treated equally in these programs. The Age Discrimination Act does NOT mean that meals served to populations outside the required age ranges are eligible for reimbursement.

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

What are my civil rights requirements as an SFSP sponsor What are my civil rights requirements as an SFSP sponsor? All participating sponsors inform potential participants of the availability of the SFSP. 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. Read the slide and make sure all participants understand their responsibilities.

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. State Agencies are responsible for training *sponsors so that the sponsors can conduct annual training for their supervisors and frontline staff (those who interact with program applicants or participants). *A sponsor is the local organization that contracts with the Missouri Department of Health and Senior Services to administer either the Summer Food Service Program or the Child and Adult Food Service Program. This Civil Rights training will cover the following compliance areas: Public Notification, Data Collection, Compliance Reviews, Complaints, Reasonable Accommodation, Limited English Proficiency and Customer Service Program sponsors must be able to train first line workers. Training can take 10 to 15 minutes. Training requirement is annually. Provider is a front line worker. Training must be documented and logged.

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. All homes- FNS Instruction 113- The “And Justice For All” poster contains Civil Rights complaint procedures. It can be downloaded from the USDA website- http://www.fns.usda.gov/cr/justice.htm#Translations This site also contains translations of the poster into many other languages. The Federal Relay Poster must be posted next to the And Justice For All

Nondiscrimination Statement 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, religion, 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.) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., 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). USDA is an equal opportunity provider and employer.

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 The sponsor must retain data, as well as documentation for the data, for the required three years. The sponsor must use safeguards to prevent the data from being used for discriminatory purposes. Such safeguards include allowing access to program records containing this data only to authorized personnel. A sample Ethnic/Racial Category Data Form is shown as Attachment 21 in the Reference Section of the Summer Food Service Program Administrative Guidance for Sponsors.

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.

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. 1. Ethnicity: a. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. The term “Spanish origin” can be used in addition to “Hispanic or Latino.” b. Not Hispanic or Latino. 2. Race: a. American Indian or Alaskan Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. b. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. c. Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as “Haitian” or “Negro” can be used in addition to ‘Black or African American.’ d. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. e. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

“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

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 participant needs. The Special Diet Statement from the physician must be kept on file at the center and/or school. Dietary Substitutions/Modifications (7 CFR 225.16(f)(4)) Sponsors are not required to accommodate dietary preferences, but are encouraged to do so within the existing meal patterns. However, sponsors are required to make substitutions or modifications to the meal patterns for participants with disabilities who are unable to consume the regular program meals when such substitutions are supported by a statement from a recognized medical authority that includes the required alternate foods (FNS Instruction 783-2, Rev.1, 10-19-94). Additionally, substitutions may be made if individual children are unable, because of medical or special dietary needs other than disabilities, to consume the foods required by the meal patterns. Such substitutions may only be made when supported by a statement from a recognized medical authority that includes recommended alternate foods. (Summer Food Service Program, 2015 Administrative Guidance for Sponsors page 46)

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.

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. Another required Civil Rights compliance area is your responsibility to identify and accommodate language needs. LEP promotes a positive and cooperative understanding of the importance of language access for 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 the programs and activities by persons with LEP. CN programs that fail to provide services to Limited English Proficiency (LEP) potentially eligible persons, applicants, and participants, or deny them access to federally assisted programs and activities, may be discriminating on the basis of national origin in violation of Title VI.

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!!! What are some suggestions of reasonable steps to take to ensure program access for those with limited English proficiency? -Sharing language assistance materials and services among and between sponsors, advocacy groups, and Federal grant agencies. -Where appropriate, training bilingual staff to act as interpreters and translators, information sharing through industry groups, telephonic and video conferencing interpretation services. -Volunteers may be used, but should understand that information is kept confidential

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. -All Frontline Staff should understand the process for filing a CR complaint. -It is suggested that someone at the site be the go-to person for civil rights issues. All employees need to know who to go to with problems and that person needs to know who to contact if there are any issues. The United States Department of Agriculture (USDA) contact information is available on the bottom of the And Justice for All poster, which should be posted in a prominent location at each site.

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

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 -If staff receive a verbal complaint, they should put it into writing as quickly as possible and try to include the following surrounding details— a. Name, address, and telephone number, b The specific location it, c The nature of the incident or action that led the complainant to feel discrimination was a factor, d The basis on which the complainant believes discrimination exists. The bases for nondiscrimination are race, color, national origin, age, disability or sex, e The names and contact information of persons who may have knowledge of the alleged discriminatory action, and f The date(s) during which the alleged discriminatory actions occurred. The provider is encouraged to discuss the civil rights issue with the person who has filed the complaint in an effort to quickly resolve the problem. Whether or not the issue is resolved at the provider level…a person alleging discrimination has a right to file a complaint within 180 days of the discriminatory action.

“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 Remember, all sponsors must document, at least annually that all staff have been trained on Civil Rights compliance.