Annual CACFP Requirements Civil Rights Training let’s review the USDA CACFP Civil Rights requirements. Annual CACFP Requirements

Annual Civil Rights Training Civil Rights Power Point Handout Training Agenda and Attendance Sign In Agency Staff Training (Annual) Train staff who interact with program applicants/participants, and people who supervise them Annually, all agencies are responsible for training members of their staff who interact with program participants, and those persons who supervise them on civil rights. Documentation must be on file stating: staff who received training topics covered date training was completed Refer to website listed on the slide to access the Civil Rights Requirements Power Point presentation handout that may be used to complete the required civil rights training with the agency’s staff. The staff you must train are those who interact with program applicants and people who supervise them. Keep a copy of the resource used, agenda and attendance sign in sheet with your food program records. Civil Rights Requirements PowerPoint presentation http://fns.dpi.wi.gov/files/fns/pdf/gm_8c_civil_handout.pdf

Civil Rights Training Topics Specific topics must include but not be limited to: Public Notification System Outreach and Education Data Collection Reasonable Accommodations Language Assistance Civil Rights Complaint Procedures Technical Assistance and Training Customer Service Conflict Resolution This slides lists subject matter that must be included in the civil rights annual training. The power point presentation provided in the last slide includes all of these topics.

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 Examples include race, color, age, disability, national origin, etc. Discrimination is the act of distinguishing, or setting apart one or more persons based on a protected class. 4

Examples of Discrimination Refuse a child’s enrollment because of a disability Failure to provide reasonable accommodations to disabled individuals Serving meals at a time, place, or manner that is discriminatory Selectively distributing applications and income forms Failure to provide the same eligibility criteria to all participants Failure to provide foreign language materials regarding CACFP Listed on this slide are some examples of how discrimination could occur within the CACFP.

Equal Access All eligible participants must be provided equal access to the benefits of the CACFP Infants must be offered infant formula and food at the center, and parents cannot be asked or required to supply these items To withhold the program from any eligible age group is age discrimination As a CACFP participant, you must provide all eligible participants with equal access to the program’s benefits. For example, infants must be offered infant formula and food at the center, and parents cannot be asked or required to supply these items. 6

Public Notification Form About “And Justice for All” poster Prominently display at center Includes the USDA’s nondiscrimination statement and lists the USDA contact information for filing a complaint of discrimination Parental Notification ~ Building for the Future Flier Inform the general public that your agency sponsors the CACFP and that meals are provided at no separate charge Agencies must notify the public of their CACFP participation. This is done by displaying the And Justice For All poster at the center and posting or distributing the building for the future flier.

“And Justice for All” Poster All agencies participating in Child Nutrition Programs must display the USDA’s non-discrimination poster in a prominent area where participants and potential participants have access Examples: cafeteria/food service area, office, parent bulletin board Must be posted at every site Must be 11” x 17” format All agencies must display the And Justice for All poster in a prominent area where participants have access. Examples include the cafeteria/food service area, office or parent board. If you have multiple sites you must display this poster at each site. The poster must be the 11x17 poster. If you do not have a poster or need a new poster, please contact your assigned consultant to request posters. 8

Building for the Future Flier Post at each site in location visible to families No longer required to distribute The Building for the Future Flier only needs to be posted at each site. It is not required that you distribute this. Be sure to include your agency’s contact information at the bottom left of the page. Include your agency’s name, a contact name, the phone number and address of the center. Your contact info here: Agency name Contact name Phone number Address

Ethnic and Racial Data Form (GM 8) Complete annually for each site Clarified instructions on the back of form This is a reminder to complete the Ethnic and Racial Data form each year. You can find a copy on the Guidance Memo website under Guidance Memo 8

Data Collecting and Reporting Collect ethnic data first, then racial data 1. Ethnicity categories: Hispanic or Latino Non-Hispanic or Non-Latino 2. Racial categories (instructions should specify “mark one or more”) American Indian or Alaskan Native Asian Black or African American Native Hawaiian or other Pacific Islander White When collecting and reporting data on the Ethnic / Racial Data Form, please note that every person has both an ethnicity and a race. Therefore, categorize all participants as either Hispanic or Latino, or not Hispanic or Latino. Then, categorize each participant under a racial category. Some participants may fall under more than one racial category. 11

Ethnic and Racial Data Form 1st Ethnic Category Hispanic or Latino Not Hispanic or Latino Racial Category American Indian or Alaskan Native Asian Black or African American Native Hawaiian or other Pacific Islander White 2nd One form must be completed for each site We have added more detailed instructions for completing the form on the backside of the form One common error we see on reviews is that both sections are not being completed for all children. Each child has an ethnicity and a race so should be included in both sections.

Ethnic/Racial Data Collection Voluntary self-identification or self-reporting (preferred method) Income application: Household applications that are completed each year and submitted to the center have a section for the household to identify their racial and ethnic data (households are not required to complete this) If a household chooses not to provide racial/ethnic information, you may use one of the following two methods: Visual identification by a center official Personal knowledge, records or other documentation your agency possesses that identifies household racial/ethnic data. Racial/ethnic data is used to determine how effectively your program is reaching potentially eligible children and where outreach may be needed. Program applicants may not be required to furnish ethnicity and race information You may inform the household, however, that collection of this information is strictly for statistical reporting and has no influence on eligibility determination for the program. Data collectors may not second guess, change, or challenge a self-declaration of ethnicity/race made by a participant unless such declarations are blatantly false 13

Nondiscrimination Statement Include on all publications, web sites, posters and informational materials where CACFP or USDA is mentioned Parent Handbook The nondiscrimination statement and complaint filing procedure must be included on all publications, websites, posters, etc. where the CACFP or USDA is mentioned. This includes your Parent Handbook.

Nondiscrimination Statement Full statement in Guidance Memo 8C (Jan ‘14) Page 3 Spanish Version, page 3 Nondiscrimination Statement with Complaint Filing Procedure (on GM website listed under GM 8) The full statement was updated last year in May. It is provided to you in Guidance Memo 8 on pages 2-3. The Spanish version is on page 3 and on the DPI GM webpage there is a Word document with both English and Spanish versions that you can cut and paste into another document. Small publications, such as a brochure must include the statement “USDA is an equal opportunity provider and employer.” Small publications (i.e. brochure, handout): “USDA is an equal opportunity provider and employer.”   Do not use either of these statements: “This institution is an equal opportunity provider and employer” “The [insert name of agency] is an equal opportunity…..”

Conflict Resolution The USDA recommends using an Alternative Dispute Resolution (ADR) program ADR Definition: use of a neutral third party (usually a person acting as a facilitator) to resolve informally a complaint of discrimination through use of various techniques such as fact finding, mediation, peer panels, facilitation, ombudsman support, or conciliation. In the event of conflict, the USDA recommends using an Alternative Dispute Resolution program.

Reasonable Accommodations of Persons with Disabilities Providing Menu Item Substitutions USDA regulations only require substitutions or modifications in CACFP meals for children whose disabilities restrict their diets based on a licensed physician’s assessment Example: food allergies causing life-threatening anaphylactic reactions Disabilities must be documented by a physician’s statement Physician statement must: state the name of the child’s disability, identify how it limits one of the major life activities, specify foods the child cannot have and the foods to be substituted Generally, children with food allergies or intolerances do not have a disability. The center may, but is not required to, make food substitutions under these circumstances Example: lactose intolerance, sensitivity to food additives All agencies must make reasonable accommodations for persons with disabilities. The requirements regarding menu item substitutions with regards to children with eating and feeding disabilities and those with food allergies or intolerances are summarized on this slide. More information on these requirements can be found in guidance memorandum 12.

Limited English Proficiency (LEP) Individuals who do not speak English as their primary language and have limited ability to read, speak, write, or understand English Recipients of Federal financial assistance have a responsibility to take reasonable steps to ensure meaningful access to their programs and activities by persons with LEP Agencies on the CACFP have a responsibility to take reasonable steps to ensure all eligible participants have access to programs and activities, including those with Limited English Proficiency.

Limited English Proficiency (LEP) Children should not be used as interpreters Volunteers may be used, but make sure they understand interpreter ethics – particularly confidentiality! Example: Spanish teacher could assist a household in completing an application but would need to be trained on the importance of keeping all information received from the household confidential Children should not be used as interpreters. Volunteers may be used, but make sure they understand interpreter ethics – particularly confidentiality!

Handling Civil Rights Complaints Centers are required to develop and implement a written procedure to handle any discrimination complaint that may be received Any person who believes he or she or someone he/she knows has been discriminated against based on Federal protected classes (i.e.. National origin, race, etc.) has a right to file a complaint within 180 days of the alleged discriminatory action Complainants may contact USDA or DPI to register a complaint Centers are required to develop and implement a written procedure to handle any discrimination complaint that may be received. Complaints may be filed within 180 days of the alleged discriminatory action.

Handling Civil Rights Complaints Complaints can be written or verbal Anonymous complaints should be handled as any other complaint All verbal or written complaints must be forwarded to the WI DPI or Civil Rights Division of USDA Food and Nutrition Service within three days of receiving a complaint Sponsors must give complainants a Civil Rights Complaint Form to complete Document all potential complaints in a Civil Rights Complaint Log Have a central location where the Civil Rights Complaint Forms and Civil Rights Complaint Log will be kept Complaints can be written or verbal and may or may not be anonymous. All complaints must be forwarded to the DPI or USDA within 3 days of receiving a complaint.

The following information should be included in a Civil Rights Complaint Name, address, phone number of complainant, if provided (not required) Specific name and location of entity delivering the benefit or service The nature of the incident, action, or method of administration that led the complainant to feel discriminated against The following information should be included in a civil rights complaint, which is continued on the next slide.

The following information should be included in a Civil Rights Complaint 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

Questions? Contact DPI at 608-267-9129 OR Contact your assigned Consultant Region map: http://fns.dpi.wi.gov/fns_cacfpmap If you have questions please contact the DPI or your assigned consultant. Thank You