1. Applying the FNS Instruction 113-1 in School Food Authorities
FNS Instruction “Civil Rights Compliance and Enforcement - Nutrition Programs and Activities”
Issued: November 8, 2005
USDA, FNS, SERO
Special Nutrition Programs
Presented at the Alabama DOE Fall CNP Directors Workshop
Orange Beach, AL
November 2 and 3, 2006

2. Prior policy was conveyed through a series of 8 FNS Instructions:
113-1, Civil Rights Compliance and Enforcement (issued May 1982), as the overarching instruction; and
sequentially numbered instructions were program-specific.
Prior to November 2005, FNS had eight separate instructions, issued in 1982, to provide guidance for civil rights compliance in FNS’ nutrition programs. Then in November last year ----

3. The recently issued FNS Instruction 113-1
Merges all of the previously independent instructions into 1 document;
4 appendices that provide program-specific guidance; and
2 appendices that provide sample documents and a chart demonstrating information and time requirements.
These eight instructions have now been condensed into one instruction. The main body, 4 appendices with program specific requirements, and 2 appendices that provide sample documentation ad a flow chart that provides a graphic representation of how and when certain steps must be taken to resolve an alleged complaint.

4. The Appendices are: Appendix A: Food Stamp Program
Appendix B: Child Nutrition Programs
Appendix C: Food Distribution Programs
Appendix D: WIC and WIC Farmers’ Market
Nutrition Program (FMNP)
Appendix E: Sample Complaint Forms
Appendix F: Complaint Processing and
Procedures Flowchart

5. What does the recently issued 113 change?
amends certain required procedures;
affords equal opportunity for religious organizations;
clearly establishes complaint handling procedures; and
is a single reference for civil rights compliance and enforcement.
With the new FNS 113, the Agency has provided us with clearer guidance on what is required at what level of government and participation to ensure our programs are operating in compliance with all applicable laws guaranteeing access to our programs.

6. New Sections Limited English Proficiency (LEP)
Equal Opportunity for Religious Organizations
Appendices
The clarity has also given us better guidance for areas that were not addressed in the previous instruction.

7. I. PURPOSE Establishes and conveys policy
Provides guidance and direction to USDA, FNS and its recipients and customers
Ensures compliance with and enforcement of the prohibition against discrimination in all FNS programs and activities, whether federally funded in whole or not.
The purpose of the FNS 113 is to: Establish and convey policy, Provide guidance and direction to USDA, FNS and its recipients and customers, Ensure compliance with and enforcement of the prohibition against discrimination in all FNS programs and activities, whether federally funded in whole or not.

8. II. AUTHORITY
Title VI of the Civil Rights of 1964 – race, color, and national origin
American with Disabilities Act – disability
Title IX of the Education Amendments of 1972 – sex
Section 504 of the Rehabilitation Act of 1973 – disability
Age Discrimination Act of 1975 – age
There are 11 different laws, parts of laws, regulations and executive orders that provide USDA & FNS the authority and responsibilities for implementing this instruction. We will slowly transition to the next two slides to show you the other 6 authority documents that give USDA and FNS the authority and responsibility for this instructions implementation.

9. II. AUTHORITY
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and DOJ Memorandum dated 1/28/99, entitled, “Policy Guidance Document – Enforcement of Title VI of the Civil Rights Act of 1964 and Related Statutes in Block Grant Type Programs.”
Civil Rights Restoration Act of 1987 – clarifies the scope of the Civil Rights Act of 1964.
Food Stamp Act of 1977 – added religious creed and political beliefs as protected classes in the Food Stamp Program.

10. II. AUTHORITY
Executive Order – enforces National Origin discrimination for persons with Limited English Proficiency.
USDA Departmental Regulation – prohibits discrimination in programs and activities funded by USDA.
7 CFR Part 16, Equal Opportunity for Religious Organizations – religiously affiliated organizations should be able to compete on an equal footing with other organizations for USDA assistance.

11. III. POLICY Protected Classes for FNS Programs
Race
Color
National Origin
Age
Sex
Disability
Religion (FSP & FDPIR only)
Political Beliefs (FSP & FDPIR only)
These are the protected classes for all FNS programs. As you can see I have highlighted the protected classes for Child Nutrition programs. Race,
Color, National Origin, Age, Sex, or Disability. Religion and Political beliefs are only protected classes under the Food Stamp Program and the Food Distribution Program on Indian Reservations.

12. III. POLICY
The U.S. Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) 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) (voice and TTY).
As you can see, the Department has an all encompassing nondiscrimination statement that is applicable to all agencies within the department. But as you can see not all bases, or classes, apply to all programs. Because of the Child Nutrition laws, the only protected classes for our programs are race, color, national origin, age, sex and disability.

13. IV. APPLICABILITY
This Instruction is applicable to all programs and activities of a recipient of Federal financial assistance, whether those programs and activities are federally funded in whole or not.
Why do we have to look at civil rights in the way we are currently training? Because the law states that these requirements are applicable to all programs and activities that receive any federal financial assistance. Let me read this statement - This Instruction is applicable to all programs and activities of a recipient of Federal financial assistance, whether those programs and activities are federally funded in whole or not.
Your programs would fall into the “not” portion of this statement. You receive federal funds to support your meal service operations, however, you are not fully funded for all of your operational expenses. But because you do receive reimbursement for meals served as part of the NSLP and SBP you are required to comply with this instruction.

14. VII. LIMITED ENGLISH PROFICIENCY (LEP)
Definition:
Individuals who do not speak English as their primary language and who have a 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 limited English proficiency.
Limited English Proficiency is one of the new sections of this instruction. We have always provided for participants with limited English proficiency by offering household applications in many different languages and providing interpretation services as needed, we just didn’t have it codified in guidance like this. What is LEP? LEP is defined as Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. Our responsibility to these people to take reasonable steps to ensure access to our programs and activities. Let’s look and see what factors need to be considered in addressing LEP and some suggestions on what is considered reasonable steps to ensure access.

15. VII. LEP Factors to consider in addressing LEP:
Number or proportion of LEP persons served or encountered in the eligible population.
Frequency with which LEP individuals come in contact with the program.
Nature and importance of the program activity, or services provided.
Resources available to the recipient and costs.
Factors to consider in addressing LEP:
The number or proportion of LEP persons served or encountered in the eligible population.
The frequency with which LEP individuals come in contact with the program.
The nature and importance of the program activity, or services provided, and
The availability of resources to the recipient and the costs to provide services.

16. VII. LEP
NSLP Household applications in foreign languages can be found at:
For further information on LEP:
A suggestion for “reasonable approaches” may be having the contact information of a person that could be called on to assist as an interpreter for an LEP applicant. State universities can be helpful in situations like this.

17. VIII. EQUAL OPPORTUNITY FOR RELIGIOUS ORGANIZATIONS
Ensures a level playing field for the participation of faith-based organizations and other community organizations in USDA programs.
This is another new section in the This is more important for the State to be aware of than you as a SFA. The State must make sure that they are allowing all religious organizations that would otherwise be eligible to participate regardless of the religious affiliation. For example Catholic Schools or Christian schools, or Jewish or Islamic schools to mention a couple.

18. VIII. EQUAL OPPORTUNITY FOR RELIGIOUS ORGANIZATIONS
This is accomplished by:
prohibiting discrimination on the basis of religion, religious belief, or religious character in the administration of Federal funds;
allowing a religious organization that participates in USDA programs to retain its independence and continue to carryout its mission, provided that direct USDA funds do not support any inherently religious activities such as worship, religious instruction, or proselytization;
What must be done to ensure equal opportunity is provided to religious organizations? It is done by the State agency prohibiting discrimination on the basis of religion, religious belief, or religious character by any organization in the administration of Federal funds. What does this mean - religious organizations receiving federal funds cannot deny services to someone who is otherwise eligible to receive benefits only because of religious reasons.
Also if a religious organization that participates in USDA programs wishes to retain its independence and continue to carryout its mission, these organizations can do so provided that direct USDA funds do not support any inherently religious activities such as worship, religious instruction, or proselytization as a requirement to receive the benefits of FNS programs.

19. VIII. EQUAL OPPORTUNITY FOR RELIGIOUS ORGANIZATIONS
clarifying that faith-based organizations can use space in their facilities to provide USDA-funded service without removing religious art, icons, scriptures, or other religious symbols; and
ensuring that no organization that receives direct financial assistance from the USDA can discriminate against a program beneficiary, on the basis of religion or religious belief.
Other steps that have been taken to ensure equal opportunity for religious organizations is by ensuring that faith-based organizations know that they can use space in their facilities to provide USDA-funded service without removing religious art, icons, scriptures, or other religious symbols. It is also important that no organization that receives direct financial assistance from the USDA can discriminate against a program beneficiary, on the basis of religion or religious belief. Again, in the Child Nutrition arena, Catholic or Jewish schools, Seventh Day Adventist schools, Islamic schools, etc., are not required to remove any religion materials from the walls or desk in areas that the meal programs are being administered in. Another area that FNS has had question on this has been the Food Bank/Food Panty area, they too have the same rights and responsibilities when administering The Emergency Food Assistance Program.

20. VIII. EQUAL OPPORTUNITY FOR RELIGIOUS ORGANIZATIONS
For further information:
If you would like more information about the Presidents faith based and community initiative you can go to

21. IX. PUBLIC NOTIFICATION
All FNS assistance programs must include a public notification system.
The purpose of this system is to inform applicants, participants, and potentially eligible persons of:
program availability,
program rights and responsibilities,
the policy of nondiscrimination and
the procedure for filing a complaint.
All FNS assistance programs must include a public notification system.
The purpose of this system is to inform applicants, participants, and potentially eligible persons of:
program availability,
program rights and responsibilities,
the policy of nondiscrimination and
the procedure for filing a complaint Now lets look at the elements of public notification.

22. 3 Elements of Public Notification
1. Program Availability
2. Complaint Information
3. Nondiscrimination Statement
There are three elements of public notification required in this instruction - Program Availability, Complaint Information, and the appropriate use of the Nondiscrimination Statement.

23. 3 Elements of Public Notification
1. Program Availability
Inform applicants, participants, and potentially eligible persons of their program rights and responsibilities and the steps necessary for participation.
Program availability is the first of the three elements of public notification. Program Availability is to inform applicants, participants, and potentially eligible persons of program rights and responsibilities and the steps necessary for participation.
What are ways this can be done?
This is done through the dissemination of Household letters with the application process and eligibility requirements, Public notices to media outlets each year describing eligibility requirements and income guidelines, Website information, Presentations given at community or grassroots organizations and by Word of Mouth. This is not an inclusive list of all ways to provide this information to applicants, participants, and potentially eligible persons.

24. 3 Elements of Public Notification
2. Complaint Information
Advise applicants and participants at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures. (example: “And Justice for All” poster)
The next element of public notification is letting our participants know how to file a discrimination complaint. Examples of how this can be done is through the posting of the “And Justice for All” poster, having the nondiscrimination statement included on publications, literature, websites, and training staff, faculty and administrators of the requirements in the FNS 113, or by providing a copy of the State or local complaint procedures to applicants and potential applicants.

25. 3 Elements of Public Notification
3. Nondiscrimination Statement
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.
The third element of the public notification is the Nondiscrimination Statement.
How and where should the Nondiscrimination statement be made available? All information materials and sources, including Web sites, used by FNS, State agencies, local agencies that 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 the statement must be included on the home page of the school food service program.
What is the nondiscrimination statement for FNS Child Nutrition programs?
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.

26. 3 Elements of Public Notification
Nondiscrimination Statement : All other FNS Programs, State or local agencies, and their subrecipients, must use the following 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.
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.”
The nondiscrimination statement for Child Nutrition programs is: “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.”
All of the wording you see in the Quotes must be included.
You might be asking yourself, What if my publication is too small or doesn’t have enough space to include all of this statement? What should I do? Let look at the next slide.

27. 3 Elements of Public Notification
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 for the full Nondiscrimination Statement, at a minimum the following must be included: “This institution is an equal opportunity provider.”

28. 3 Elements of Public Notification
Nondiscrimination Statement for FSP and FDPIR State or local agencies and their subrecipients must use the following 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, religion, political beliefs, or disability.
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C or call (800) (voice) or (202) (TTY). USDA is an equal opportunity provider and employer.”
* Exception provided for the use of a joint application for FSP/HHS—see Instruction for approved language
You may have heard that there is more than one Nondiscrimination statement that is applied to FNS programs. This is true. The statement you see here only applies to the Food Stamp Program and the Food Distribution Program on Indian Reservations. As you can see I have highlighted the difference in the two statements – Religion and political beliefs are protected under these programs. They are not protected classes in Child Nutrition Programs.
What are the protected classes in Child Nutrition Programs? Race, Color, National Origin, Sex, Age or Disability.
So what’s next? How do we ensure all of this information is made know to applicants and potentially eligible people?

29. Methods of Public Notification
Prominently display the “And Justice for All” poster.
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.
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.
These are some examples of how you can ensure the nondiscrimination message, that our programs are protecting participants civil rights and the rights of potential participants have the opportunity to receive benefits from our programs, is disseminated.
Examples are:
1. Prominently display the “And Justice for All” poster.
2. Inform potentially eligible persons, applicants, participants and grassroots organizations of programs or changes in programs.
3. Provide appropriate information in alternative formats for persons with disabilities or limited English proficiency.
4. Include the required nondiscrimination statement on all appropriate FNS and agency publications, Web sites, posters and informational materials.
5. Convey the message of equal opportunity in all photos and other graphics that are used to provide program or program-related information.
Are you able to think of other ways? Any suggestions?

30. Does everyone recognize this poster
Does everyone recognize this poster? Where would I find it in your school?

31. XI. CIVIL RIGHTS TRAINING
State agencies are responsible for training local agencies on an annual basis.
Local agencies are responsible for training their subrecipients, including “frontline staff” who interact with applicants or participants on an annual basis.
Civil Rights training seems to be a subject that many people have groan about. No matter what your opinion is on receiving civil rights training, the FNS Instruction gives a very direct mandate that training be provided for all levels of program administration. The State and our staff at FNS have already had similar training and as you can see, you as directors and managers will have to provide and document that you have provided similar training to your staff.
Even though it not required, you might want to let your District administrators know you are conducting this training and offer them the opportunity to participate in a training session. This may help them have a better understanding of what requirements are expected of you and your staff as it relates to protecting the civil rights of your students.

32. XI. CIVIL RIGHTS TRAINING
Specific subject matter required, but not limited to:
Collection and use of data;
Effective public notification systems,
Complaint procedures,
Compliance review techniques,
Resolution of noncompliance,
Requirements for reasonable accommodation of persons with disabilities,
Requirements for language assistance,
Conflict resolution, and
Customer service.
Civil Rights Training
What must be covered in civil rights training?
The following is specific subject matter that is required, but does not have to be limited to these areas:
Collection and use of data;
Effective public notification systems,
Complaint procedures,
Compliance review techniques,
Resolution of noncompliance,
Requirements for reasonable accommodation of persons with disabilities,
Requirements for language assistance,
Conflict resolution, and
Customer service
Not all of these subject areas have to be completed at one time. In fact it would hard to provided adequate training for each of these areas at one time. What you might do is provide training in these areas and document that you have conducted and participated in the training subject areas. For example, we are not going to specifically discuss conflict resolution or customer service, even though this presentation does have some of the elements for conflict resolution and customer service.
We will leave these ares for you and your State staff to work on.

33. XII. DATA COLLECTION AND REPORTING
The purpose is to:
determine how effectively FNS programs are reaching potential eligible persons and beneficiaries,
identify areas where additional outreach is needed,
assist in the selection of locations for compliance reviews, and
complete reports, as required.
Data collection and reporting is a requirement of this instruction. The purpose of collecting this information is to determine how effectively FNS programs are reaching potentially eligible persons and beneficiaries; identify areas where additional outreach is needed; assist in the selection of locations for compliance reviews; and complete reports for various government officials and agencies, as required.

34. What are the Collecting and Reporting Expectations for SFAs?
At this time SFAs are not required to collect or report 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.
What are the Collecting and Reporting Expectations for SFAs? At this time SFAs are not required to collect or report 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

35. Race and Ethnic Categories Two Question Format
1. Ethnicity:
Hispanic or Latino
Not Hispanic or Latino
Beginning with the 2000 Census, government agencies are being required to collect data differently than in the past. Just to make you aware of these new data collection element I included the next two slides to show you what is being collected.
This slide shows you that we now have to account for the ethnicity of a person. Are they of Hispanic or Latino background or not?

36. Race and Ethnic Categories Two Question Format
American Indian or Alaskan Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
And what Race do they classify themselves as? Again this is being collected at the time a student registers with the school district and is being reported through those reporting requirements.

37. XIII. COMPLIANCE REVIEWS
A compliance review examines activities to determine adherence with civil rights requirements for:
State agencies,
local agencies, and
other subrecipients.
In the past, an area of uncertainty has been what does the State or FNS look for to ensure we are all in compliance with the FNS The new FNS 113 give very specific guidance on monitoring requirements.
I believe that in the near future you will see these requirements reflected in the CRE conducted by the State.
As you can see compliance reviews are conducted on State and local agencies and of other subrecipient organizations.
What are the levels of compliance reviews?

38. Compliance Reviews Pre-approval or Pre-award (State & Federal)
3 Types of Compliance Reviews:
Pre-approval or Pre-award (State & Federal)
Post-award or Routine (State & Federal)
Special (Federal)
There are three types of Compliance Reviews:
Pre-approval or Pre-award (State & Federal) completed by the State and Federal level of oversight
Post-award or Routine (State, Federal, and SFA)
Special (Federal)
Let’s look a little closer at the three types of reviews

39. Compliance Reviews Pre-approval or Pre-award Compliance Reviews
No federal funds shall be made available to a State agency or local agency until a
Pre-award Compliance Review has been conducted and the applicant is determined to be in compliance with civil rights requirements.
Why are pre-approval or pre-award compliance reviews conducted? The law requires that cognizant agencies ensure that No federal funds shall be made available to a State agency or local agency until a Pre-award Compliance Review has been conducted and the applicant is determined to be in compliance with civil rights requirements. In our programs the cognizant agencies are the USDA, FNS and the State agency.

40. Compliance Reviews Post-Award or Routine Compliance Review
Selection based on an indication of possible
concerns such as:
scheduled CRE;
an unusual fluctuation in participation of racial or ethnic groups in a service area;
the number of discrimination complaints filed;
information from grassroots and advocacy groups;
individuals and State officials; and
unresolved findings from previous civil rights reviews.
The post-award or routine compliance reviews are what you, as an SFA, will be involved with. You can see the list of reasons for a post-award or routine compliance review. You can also include School site visits in this list. Read Slide

41. Compliance Reviews Post-Award or Routine Compliance Review Content
Complaint process;
Training;
Non-discrimination statement usage;
Analysis of denied applications.
Post-Award or Routine Compliance Review Content includes the review of the Complaint process; Training; Non-discrimination statement usage; and the analysis of denied applications.

42. Compliance Reviews Post-Award or Routine Compliance Review Content
When a review of a local agency or other subrecipient is performed, by either the FNS Region, the State agency or your office, the following items should be determined:
Whether potentially eligible persons and households have an equal opportunity to participate in the program;
Whether case records are coded by race or ethnic origin;
Whether offices and cafeterias are displaying the “And Justice for All” poster in a prominent location;
Whether the nondiscrimination statement is included on all printed materials distributed to the public and on web sites; and whether graphic materials reflect inclusiveness based on race, color, national origin, age, sex, and disability; Rev. 10/06
Post-Award or Routine Compliance Review Content
When a review of a local agency or other subrecipient is performed, by either the FNS Region, the State agency or your office, the following items should be determined:
Whether potentially eligible persons and households have an equal opportunity to participate in the program;
Whether case records are coded by race or ethnic origin;
Whether offices and cafeterias are displaying the “And Justice for All” poster in a prominent location;
Whether the nondiscrimination statement is included on all printed materials distributed to the public and on web sites; and whether graphic materials reflect inclusiveness based on race, color, national origin, age, sex, and disability; Rev. 10/06
Can anyone tell me what is meant by this last statement?
Pictures or graphics representing program participants must show a diverse population. Photos or graphics are not suppose to show only one racial or ethnic group more than another.

43. Post-Award or Routine Compliance Review Content
Compliance Reviews
Post-Award or Routine Compliance Review Content
Whether program information is made available to potentially eligible persons, program applicants and participants;
Whether the local agency is providing program information to organizations within the community;
Whether civil rights complaint processing is handled in accordance with the FNS Instruction or other applicable authorities; and
Whether the local agency has conducted civil rights training for its staff.
Rev. 10/06
Post-Award or Routine Compliance Review Content should also include Whether program information is made available to potentially eligible persons, program applicants and participants; Whether the local agency is providing program information to organizations within the community; Whether civil rights complaint processing is handled in accordance with the FNS Instruction or other applicable authorities; and Whether the local agency has conducted civil rights training for its staff.

44. Compliance Reviews State agencies review local agencies.
CRE
Local agencies review their sub-recipients.
Annual site reviews completed by February 1, each year.
State and local agencies must report significant findings to the reviewed entity and FNS.
Who conducts local agencies compliance reviews? The State agency does through the CRE process. Local agencies review their subrecipient. In the School programs, the review you conduct of each school, by February 1, meets this review requirement. If you are not looking at the application of civil rights during these reviews you need to begin doing so.
No let’s look at the special compliance review.

45. Special Compliance Reviews
Conducted by FNS when:
Program participation data indicates that a particular group in a specific area is not benefiting from an FNS program;
reports of alleged noncompliance made by the media, grassroots organizations, or advocacy groups need to be resolved;
Special compliance reviews are onducted by FNS when:
Program participation data indicates that a particular group in a specific area is not benefiting from an FNS program;
reports of alleged noncompliance made by the media, grassroots organizations, or advocacy groups need to be resolved;

46. Special Compliance Review
Compliance Reviews
Special Compliance Review
reports of alleged noncompliance made by other agencies, such as US Dept. of Ed. and HHS, need to be resolved; or
patterns of complaints of discrimination have been documented; or
a complaint is received by a participant through the complaint procedures.
Special compliance reviews are also conducted when there have been reports of alleged noncompliance made by other agencies, such as US Dept. of Ed. and HHS; patterns of complaints of discrimination have been documented; or a complaint is received by a participant through the complaint procedures.

47. XIV. RESOLUTION OF NONCOMPLIANCE
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 by a State agency, local agency, or other subrecipient.
What is noncompliance? A factual finding that any civil rights requirement, as provided by law, regulation, policy, instruction, or guidelines, is not being adhered to by a State agency, local agency, or other subrecipient.

48. A finding of noncompliance may be the result of:
a CRE or a Civil Rights Compliance Review;
a special review; or
an investigation.
A finding of noncompliance may be the result of a CRE or a Civil Rights Compliance Review; a special review; oran investigation.

49. What are some examples of noncompliance?
Denying an individual or household the opportunity to apply for program benefits or services on the basis of a protected class.
Providing FNS program services or benefits in a disparate matter on the basis of a protected class (except as a disability accommodation).
What are some examples of noncompliance? Denying an individual or household the opportunity to apply for program benefits or services on the basis of a protected class. Providing FNS program services or benefits in a disparate matter on the basis of a protected class (except as a disability accommodation) are two examples.

50. What are some examples of noncompliance?
Selecting members for planning and advisory bodies in such a way as to exclude persons from membership on the basis of a protected class.
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.
Other examples may be Selecting members for planning and advisory bodies in such a way as to exclude persons from membership on the basis of a protected class or
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 are two more examples.

51. What happens once noncompliance is determined?
Steps must be taken immediately to obtain voluntary compliance.
Effective date of the finding of noncompliance is the date of notice to the State agency, local agency, or other subrecipient.
What happens once noncompliance is determined?
Steps must be taken immediately to obtain voluntary compliance.
The effective date of the finding of noncompliance is the date of notice to the State agency, local agency, or other subrecipient

52. To achieve voluntary compliance, FNS will:
Provide immediate written notice to the local agency or other subrecipient indicating:
the areas of noncompliance, and
the action required to correct the situation.
Negotiate with the local agency or other subrecipient to achieve compliance.
If corrective action has not been completed within 60 days of the finding, submit Report of Findings of Noncompliance in letter format to the FNS Regional Administrator with attachments.
To achieve voluntary compliance, FNS will:
Provide immediate written notice to the local agency or other subrecipient indicating: the areas of noncompliance, and the action required to correct the situation.
Negotiate with the local agency or other subrecipient to achieve compliance. If corrective action has not been completed within 60 days of the finding, submit Report of
Findings of Noncompliance in letter format will be submitted to the FNS Regional Administrator.

53. XV. COMPLAINTS OF DISCRIMINATION
Recognizing a CN Civil Rights Complaint--
allegation based on:
Race,
Color,
National Origin,
Age,
Sex, or
Disability.
To assist in recognizing if a complaint is a civil rights complaint the complaintant will state that the are not receiving their benenfits because of Race,
Color, National Origin, Age, Sex, or Disability. However, if you have any doubt about whether it’s a civil rights complaint forward it to USDA. We will look at it and determine if it is a civil rights complaint. If it turns out not to be a civil rights complaint, but a program complaint, the appropriate agency will be notified to effect change.
Similar to what the Health Department says about questionable food, “when in doubt through it out.” For civil rights complaints I would like to change that to say “When in doubt SEND it out.”

54. XV. COMPLAINTS OF DISCRIMINATION
timeframes for processing must be adhered to (complaints must be submitted to FNS within 3 business days);
Right to File: complaint must be filed in 180 days;
complaints may be written or verbal as well as anonymous;
the use of a form is not required though provided as a prototype in the Instruction;
The following are steps that need to be adhered to when dealing with discrimination complaints or potential discrimination complaints.
Timeframes for processing must be adhered to (a complaint must be submitted to FNS within 3 business days); Right to File: complaint must be filed in 180 days;
complaints may be written or verbal as well as anonymous; even though a the use of a form is not required one is provided as a prototype in the Instruction

55. XV. COMPLAINTS OF DISCRIMINATION
certain key information should be requested;
a letter of acknowledgement is sent to the complainant;
age discrimination complaints are referred to Federal Mediation Conciliation Service within 10 days;
the parties are encouraged to resolve the issue at the lowest possible level, as expeditiously as possible; and
if finding(s), corrective action required.
When accepting a complaint certain key information should be requested; a letter of acknowledgement is sent to the complainant; age discrimination complaints are referred to Federal Mediation Conciliation Service within 10 days; the parties are encouraged to resolve the issue at the lowest possible level, as expeditiously as possible; and if finding(s) are discovered corrective action required.
The FNS Instruction gives clear guidance on what type of information should be requested before submitting a complaint to FNS.

56. XVI. GUIDELINES FOR PROCESSING CIVIL RIGHTS COMPLAINTS
Appendix F: Review of FNS 113 Complaint Processing Procedures and Timelines;
Complaints may be received by USDA, FNS-HQ, FNS-SERO, other Executive Recipients, SAs or SFAs;
All complaints must be resolved within 90 days of receipt; and
the State Operations Plan must contain a description of the agency’s discrimination complaint/grievance processing system.
Section XVI gives us the guidelines for processing complaints.
Appendix F provides guidance on the review of FNS 113 Complaint Processing Procedures and Timelines; All complaints must be resolved within 90 days of receipt; and the State Operations Plan must contain a description of the agency’s discrimination complaint/grievance processing system.
Who receives complaints? Complaints may be received by USDA, the FNS HQs or Regional Office, other Executive recipients (US Dept of Ed, HHS), State agencies, School food authorities or elected political officials and their staff.

57. 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 childs 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.
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 Prohibition Against Denying Meals and Milk to Children as a Disciplinary Act

58. 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.
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 .
It would be suggested that the SFA try to work with the complainant and try to accommodate there religious needs.

59. 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.
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.
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.

60. Questions?