Child Nutrition Programs 11/12/2018 Civil Rights Training Child Nutrition Programs (SNP) Updated: July 2015

11/12/2018 Training Purpose USDA requires all Child Nutrition staff attend civil rights training annually to prevent discrimination This training plays a key role in providing excellent services 2

What are Civil Rights? Civil Rights refer to the: 11/12/2018 What are Civil Rights? Civil Rights refer to the: Rights of “personal liberty” guaranteed by the 13th and 14th Amendments to the U.S. Constitution and Acts of Congress Fair and equitable treatment of all customers and employees 3

Goals of Civil Rights Eliminate barriers to program benefits 11/12/2018 Goals of Civil Rights Eliminate barriers to program benefits Provide equal treatment to all Explain rights and responsibilities Show respect and dignity to all 4

What is a Protected Class? 11/12/2018 What is a Protected Class? A protected class refers to any person or group of people who have a characteristic for which discrimination is prohibited by law Protected classes in the SNP include: Race Age Color Sex National Origin Disability 5

Collecting and Reporting Participant Data 11/12/2018 Collecting and Reporting Participant Data All schools must have a system to collect racial and ethnic data of program participants Self-identification or self-reporting is the preferred method of obtaining data Visual observation shall be used when the applicant does not self-identify Data must be maintained for 3 years plus the current year Access restricted to authorized school personnel 6

Racial and Ethnic Data 2 Ethnic Categories 5 Racial Categories 11/12/2018 Racial and Ethnic Data 2 Ethnic Categories Hispanic or Latino Non Hispanic or Latino 5 Racial Categories American Indian or Alaskan Native Asian Black or African American Native Hawaiian or Other Pacific Islander White 7

11/12/2018 Public Notification Inform potentially eligible persons, applicants, participants and grassroots organizations of the availability of the SNP Display the “And Justice for All” poster Contact CDE Office of School Nutrition to order Include the nondiscrimination statement on all informational materials and websites that describe the SNP 8

Public Notification Nondiscrimination Statement 11/12/2018 Public Notification 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. 9

Public Notification Communicate using methods such as: Internet and computer based applications Newspaper Radio/television Letters/leaflets/brochures Bulletins 10

Reasonable Accommodations for Persons with Disabilities 11/12/2018 Reasonable Accommodations for Persons with Disabilities A school is required to provide food substitutions or modifications if: A medical statement, signed by a licensed physician, is on file and describes the participant’s disability (as defined in federal regulations) that prevents the participant from eating the regularly offered foods, and The licensed physician has indicated the substitutions or modifications that the participant needs For a Standard Operating Template visit: http://www.cde.state.co.us/nutrition/nutriSpecDietaryNeeds.htm 11

Reasonable Accommodation Scenario 11/12/2018 Reasonable Accommodation Scenario Example: A parent of a student who has been diagnosed with celiac disease requests that gluten-free food items be provided to their child at all meals. What must the school do and how does this relate to civil rights? 12

Reasonable Accommodation Language Assistance 11/12/2018 Reasonable Accommodation Language Assistance SFAs must take reasonable steps to assure “meaningful” access to the information and services they provide…especially for people with Limited English Proficiency (LEP). Meaningful access may include: The distribution of SNP meal benefit forms (Applications for Educational Benefits, household letter and approval/denial letter) in 34 different languages http://www.cde.state.co.us/nutrition/freeandreducedpricepacket Hiring a bilingual interpreter to assist applicants or participants 13

11/12/2018 Customer Service A school must provide equal access to all eligible participants regardless of race, color, national origin, sex, age, or disability All participants must be treated in the same manner Each participant receives the same menu items in the same amounts All participants are included in meals, snacks, activities, and discussions Participants with special needs will have their needs addressed based on the severity of the need Standards of behavior are not based on membership in a protected class 14

11/12/2018 Conflict Resolution Skills can help staff provide good customer service and avoid potential civil rights complaints 5 goals: Avoid the desire to blame Improve the situation Communicate your feelings directly Improve relationships and increase communication Avoid repeating the situation 15

Conflict Resolution Scenarios 11/12/2018 Conflict Resolution Scenarios A group of high school students is unhappy about the menu served at school. They decide to write a letter to the editor of the local newspaper instead of speaking directly with the cafeteria manager. The cafeteria manager is unaware of the problem until she faces the angry principal with newspaper in hand. Principal position: Do something about this, I don’t need bad publicity for my school! The principal schedules a meeting at 9:00am today with the unhappy students, the principal, and cafeteria manager. http://www.nfsmi.org/documentlibraryfiles/PDF/20080213055327.pdf 16

Complaints of Discrimination 11/12/2018 Complaints of Discrimination Allegation may be based on race, color, national origin, age, sex or disability Filed within 180 days; written or verbal SFAs must make an effort to obtain: Name, address, and telephone number of the complainant The nature of the incident or action The basis on which the complainant believes discrimination exists The names, telephone numbers, titles, and business or personal addresses of persons who may have knowledge of the action The date(s) during which the alleged actions occurred Forward the complaint 17

SFA Complaint Procedure 11/12/2018 SFA Complaint Procedure SFAs should have a written complaint procedure. The procedure should outline: Accepting a Complaint Verbally and in writing Transcribing a Complaint Collecting relevant information Forwarding a Complaint Agency complaints are forwarded to For a CR Complaint Procedures Template visit: http://www.cde.state.co.us/nutrition/civilrights 18

11/12/2018 Compliance Reviews Examines activities to determine adherence with civil rights requirements Definition of “Noncompliance”: A factual finding that any civil rights requirement, as provided by law, regulation, policy, instruction, or guidelines, is not being adhered to 19

Examples of Noncompliance 11/12/2018 Examples of Noncompliance Denying an individual or household the opportunity to apply for FNS program benefits or services on the basis of a protected class Providing FNS program services or benefits in a dissimilar manner on the basis of a protected class (except as a disability accommodation) Selecting FNS program sites or facilities in a manner that denies an individual access to FNS program benefits, assistance, or services on the basis of a protected class 20

Resolution of Noncompliance 11/12/2018 Resolution of Noncompliance If non-compliance is indicated, corrective action must be taken immediately to achieve voluntary compliance 21

Additional Resources OSN Civil Rights webpage: 11/12/2018 Additional Resources OSN Civil Rights webpage: http://www.cde.state.co.us/nutrition/civilrights Training sign-in sheet template Training agenda template Complaint procedures template Civil Rights self assessment tool Civil Rights training power point USDA, FNS Civil Rights webpage: http://www.fns.usda.gov/civil-rights USDA laws, regulations and guidance Frequently asked questions 22

11/12/2018 Questions 23