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

2. 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

3. 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.

4. 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

5. 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.

6. 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

7. 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.

8. “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

9. 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

10. 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

11. 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

12. 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.

13. 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

14. 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.

15. 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 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…..”

16. 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.

17. 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.

18. 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.

19. 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!

20. 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.

21. 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.

22. 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.

23. 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

24. Questions? Contact DPI at 608-267-9129 OR
Contact your assigned Consultant
Region map:
If you have questions please contact the DPI or your assigned consultant.
Thank You