FNS INSTRUCTION Civil Rights Compliance and Enforcement-

FNS Instruction prohibits discrimination based on: 1. race 2. color 3. national origin 4. age 5. sex, and 6. disability

Any other complaints filed are not Civil Rights complaints. They may be valid and important, but they are not covered by the rules for Civil Rights complaints. 3 Is this a Civil Rights Complaint?

An autistic middle school student forgets her lunch money for the fourth time. The paraprofessional tells the cashier to give the child two packages of saltine crackers and tells the child that “This will teach you not have your lunch money again”. The child’s mother writes a letter to the Secretary of Agriculture alleging discrimination based on the child’s autism. Is this a civil rights complaint and should it be reported?An autistic middle school student forgets her lunch money for the fourth time. The paraprofessional tells the cashier to give the child two packages of saltine crackers and tells the child that “This will teach you not have your lunch money again”. The child’s mother writes a letter to the Secretary of Agriculture alleging discrimination based on the child’s autism. Is this a civil rights complaint and should it be reported? Yes. It should be considered a complaint even if it appears to be a program related issue.Yes. It should be considered a complaint even if it appears to be a program related issue. The results of the investigation determined that it was a program complaint. Improper application of the SFA charge policy and a potential violation of the FNS Instruction 791.1The results of the investigation determined that it was a program complaint. Improper application of the SFA charge policy and a potential violation of the FNS Instruction Prohibition Against Denying Meals and Milk to Children as a Disciplinary Act

Is this a Civil Rights Complaint? A parent contacts the School Food Service Director and says their child is being denied their religious right to be able to eat only vegetarian meals.A parent contacts the School Food Service Director and says their child is being denied their religious right to be able to eat only vegetarian meals. Is this a civil rights complaint and should it be reported?Is this a civil rights complaint and should it be reported? No. Religion is not a protected class in Child Nutrition Programs under FNS Instruction Civil Rights Compliance and Enforcement – Nutrition Programs and Activities.No. Religion is not a protected class in Child Nutrition Programs under FNS Instruction Civil Rights Compliance and Enforcement – Nutrition Programs and Activities. It would be suggested that the SFA try to work with the complainant and try to accommodate there religious needs.It would be suggested that the SFA try to work with the complainant and try to accommodate there religious needs.

Is this a Civil Rights Complaint? A minority high school football player approaches the cafeteria manager and says he isn’t getting enough food when he selects a reimbursable meal and would like larger servings.A minority high school football player approaches the cafeteria manager and says he isn’t getting enough food when he selects a reimbursable meal and would like larger servings. Is this a civil rights complaint and should it be reported?Is this a civil rights complaint and should it be reported? No. Just because the student is a minority student does not mean he automatically is considered to be alleging discrimination. He did not state that he was not getting adequate servings because of his minority status. He only wants a larger serving.No. Just because the student is a minority student does not mean he automatically is considered to be alleging discrimination. He did not state that he was not getting adequate servings because of his minority status. He only wants a larger serving. If he had said that he was not getting a large enough serving because of his racial/ethnic background, then, Yes, it would be a complaint and you would need to report it.If he had said that he was not getting a large enough serving because of his racial/ethnic background, then, Yes, it would be a complaint and you would need to report it.

USDA Requires Annual Training 1. Collection and use of data 2. Effective public notification systems 3. Complaint procedures 4. Compliance review techniques 5. Resolution of noncompliance 6. Requirements for reasonable accommodation of persons with disabilities 7. Requirement for language assistance 8. Conflict resolution 9. Customer service

1.Collection and Use of Ethnicity and Race Data At this time SFAs are not required to collect or report ethnicity and race data. Data collection is done by the local education agency (LEA) at the time students enroll and the LEA reports this information to the State DOE through appropriate reporting mechanisms.

2. Public Notification System The SDE will again send the Public News Release to media outlets and grass roots organizations around the state. There are certain things that the Director/Administer must do.

2. Effective Public Notification System Prominently display the “And Justice for All” poster.Prominently display the “And Justice for All” poster. Inform potentially eligible persons, applicants, participants and grassroots organizations of programs or changes in programs.Inform potentially eligible persons, applicants, participants and grassroots organizations of programs or changes in programs. Provide appropriate information in alternative formats for persons with disabilities.Provide appropriate information in alternative formats for persons with disabilities. Include the required nondiscrimination statement on all appropriate FNS and agency publications, Web sites, posters and informational materials.Include the required nondiscrimination statement on all appropriate FNS and agency publications, Web sites, posters and informational materials. Convey the message of equal opportunity in all photos and other graphics that are used to provide program or program- related information.Convey the message of equal opportunity in all photos and other graphics that are used to provide program or program- related information.

2. Effective Public Notification System All information materials and sources, including Web sites, used by FNS, State agencies, local agencies, or other subrecipients to inform the public about FNS programs must contain a nondiscrimination statement. The statement is not required to be included on every page of the program Web site.All information materials and sources, including Web sites, used by FNS, State agencies, local agencies, or other subrecipients to inform the public about FNS programs must contain a nondiscrimination statement. The statement is not required to be included on every page of the program Web site. At a minimum the nondiscrimination statement or a link to it must be included on the home page of the school food service program information.At a minimum the nondiscrimination statement or a link to it must be included on the home page of the school food service program information.

Nondiscrimination Statement “In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability.“In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C or call (800) or (202) (TTY). USDA is an equal opportunity provider and employer.”To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C or call (800) or (202) (TTY). USDA is an equal opportunity provider and employer.”

Nondiscrimination Statement If the material is too small to permit the full Nondiscrimination Statement in the material, at a minimum the following must be included: “This institution is an equal opportunity provider.”If the material is too small to permit the full Nondiscrimination Statement in the material, at a minimum the following must be included: “This institution is an equal opportunity provider.”

3. Complaint Procedures All participants in NSLP are required to have a procedure for handling civil rights complaints.

4. Compliance Review Civil Rights compliance will be checked as part of your CRE Review. The following items are examined: 1. Whether all eligible persons have an equal opportunity to participate.

4. Compliance Review 2. Whether the “And Justice for All” poster is displayed.

4. Compliance Review 3. Whether the nondiscrimination statement is included on all program materials and whether pictorial materials show diversity.

4. Compliance Review 4. Whether Civil Rights complaints (if any) are handled correctly. 5. Whether Civil Rights training for staff has been conducted.

5. Resolution of Noncompliance  Provide written notice to the Director/Administrator of areas of noncompliance and corrective action required.  Work with the Director/Administrator to achieve compliance.  The goal is to achieve voluntary compliance immediately. If Civil Rights noncompliance is found, SDE must:

5. Resolution of Noncompliance and Conflict Resolution  If corrective action is not completed within 60 days, SDE must notify USDA Regional Office.  This begins a complicated process of achieving conflict resolution.

6. Accommodations for persons with disabilities Persons with disabilities cannot be denied access to NSLP Programs.

6. Accommodations for persons with disabilities Participants are required to provide reasonable accommodation of persons with disabilities.

6. Accommodations for persons with disabilities Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202)

7. Limited English Proficiency (LEP) Requirement This concerns participants who do not speak English as their primary language. Agencies have a responsibility to take reasonable steps to ensure access to their programs and activities.

7. Limited English Proficiency (LEP) Requirement Some materials (forms, posters) are available in other languages. If you need help in this area, call our office. For more information on Limited English Proficiency, go to

8. Customer Service All persons who come to your facility deserve to be treated with respect.

8. Customer Service If they are, there should never be a problem with Civil Rights.

Questions ?