USDA Civil Rights to ensure benefits of Child Nutrition Benefits of - - PDF document

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

USDA Civil Rights and Child Nutrition Programs USDA Civil Rights Requirements and Child Nutrition Programs. This training presentation is developed and provided by the Oregon Department of Education. This session is a review of the USDA Civil Rights requirements for Child Nutrition Programs. All Sponsors of Child Nutrition Programs, including the Child & Adult Care Food Program, National School Lunch Program, School Breakfast Program, Summer Food Service Program, Special Milk Program, and USDA Foods must comply with the Federal Civil Rights program as part of their agreement with the Oregon Department of Education.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

USDA Civil Rights

Benefits of Child Nutrition Programs are made available to all eligible participants in a non-discriminatory manner All sponsors must implement Civil Rights requirements

Civil Rights Requirements are intended to ensure benefits of Child Nutrition Programs are made available to all eligible participants in an non- discriminatory manner. All sponsors receiving Federal monies must implement the Civil Rights requirements to be eligible for the program.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Discrimination is…

• Different treatment
• Makes distinction from others
• Either intentionally, by neglect or

by the actions or lack of actions

• Based on the protected classes

“Discrimination is defined as different treatment to people which makes a distinction of one person or a group of persons from others; either intentionally, by neglect or by the actions or lack of actions based on the protected classes.”

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Six Protected Classes

• Race
• Color
• National Origin
• Sex
• Age
• Disability

The Federal government, including USDA, has the following protected classes: Race, Color, National Origin, Sex, Age, and Disability.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Discrimination Occurs

…when an individual or group of individuals are: Delayed benefits or services Denied benefits or services Treated Differently than

• thers to their disadvantage

Given Disparate Treatment The 4 “D”s

Discrimination can be easily remembered by thinking of “The 4 D’s”. Discrimination is when an individual or group of individuals are: Delayed receiving benefits or services that others receive Denied benefits or services that others receive Treated Differently than others to their disadvantage, or Given Disparate Treatment – something which does not seem discriminatory, but has a discriminatory impact in practice.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Submitting Civil Rights Complaint

• Verbally
• In Writing
• Observed

Any participant or potential participant may submit a civil rights complaint of unequal treatment verbally, in writing

• r may be observed.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Where are Complaints Sent?

• USDA directly; or
• ODE CNP directly; or
• Notify the sponsor of their complaint

If a Sponsor receives a discrimination complaint regarding Child Nutrition Program must forward to ODE CNP within 3 working days

Complainants may choose to directly contact USDA with their complaint, contact Oregon Department of Education Child Nutrition Program with their complaint, or they may notify the sponsor of their complaint. The sponsor must forward all discrimination complaints received regarding Child Nutrition Programs to the Oregon Department of Education Child Nutrition Programs office within 3 working days

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

How Long to File a Complaint?

File a complaint within 180 days of the alleged discriminatory action

A complaint can be filed within 180 days of the alleged discriminatory action.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Complaint Procedure Plan

Sponsors are required to Develop and Implement a written procedure to handle any discrimination complaint that may be received

All Sponsors must develop a written Civil Rights Complaint Procedure and implement this procedure. Sponsors may adopt Oregon Department of Education’s prototype procedure, located on the Oregon Department of Education Child Nutrition website. If sponsors choose this option, be sure to put your sponsor’s name at the top of the procedure, and then train all staff

• n this procedure.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Civil Rights Complaint Procedure

• 1. Civil Rights Complaint Received by

Sponsor

• 2. Civil Rights Complaint Documented in

Civil Rights Complaint Log

• 3. Civil Rights Complaint form completed

If the Civil Rights complaint form is returned to Sponsor, Sponsor forwards complaint form to ODE CNP within 3 working days

The Civil Rights Complaint Procedure is as follows: a civil rights Complaint is received by the Sponsor, either Verbally

• r in writing. Next, the sponsor logs

the complaint in the Civil Rights Complaint Log. Additionally, the Sponsor gives Complainant the Civil Rights Complaint Form OR the Sponsor assists the Complainant to complete the Civil Rights Complaint Form, if needed. If the complainant returns the Civil Rights complaint form to Sponsor, the Sponsor must forward the Civil Rights complaint form to Oregon Department

• f Education Child Nutrition Program

within 3 working days.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Civil Rights Complaint Form

• Civil Rights Complaint Form

readily available at all sites

• Sponsor must make every attempt

to help complainant. Reasonable accommodation for complainant with disability

Civil Rights Complaint Forms must be readily available at all sites – including the main office if it is not a serving site. The Sponsor must make every attempt to help the complainant complete the Civil Rights Complaint Form

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Civil Rights Complaint Log

Log must be dated and kept for 3 years + current year, even if no complaints have been received

All discrimination complaints must be documented in the Civil Rights Complaint Log

The Civil Rights Complaint Log must be dated and kept for 3 years + current year, even if no complaints have been

• received. At the end of the fiscal year

please write across the log “No complaints received” if no complaints were received that year.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Nondiscrimination Statement - Short Version

This institution is an equal opportunity provider.

The short version of the non- discrimination statement is shown here. (Click) Federal regulations allow use of a shorter nondiscrimination statement

• n program material mentioning USDA
• r Child Nutrition Programs if the

material is one page or less in length (one page equals 8 ½ X 11 front and back) ; i.e. brochures, coupons, electronic benefit cards, menus, and

• flyers. The short statement must be in

the same size print as the text of the document. Sponsors may use the name of the sponsor instead of the words this institution in the short nondiscrimination statement.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Nondiscrimination Statement - Long Version

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.

This slide shows the long version of the non-discrimination statement. (click) Sponsors must use the new long nondiscrimination statement on all publications that are over one page (one page equals 8 ½ X 11 front and back) that mention USDA Child Nutrition Programs. The long statement must be in the same size print as the text of the document. The USDA nondiscrimination long statement contains numerous protected classes, which will not apply to all programs. The six protected classes relevant to Oregon Child Nutrition Programs remains limited to race, color, national origin, sex, age, and disability.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Examples of informational material

• Enrollment Forms
• Menus
• Employee Handbooks
• Newsletters
• Brochures
• Flyers
• Parent/Student Handbooks
• Websites
• Print or Broadcast Advertisements

The non-discrimination statement must be included on program materials such as enrollment forms, menus, employee handbooks, newsletters brochures, parent or student handbooks, print or broadcast ads, flyers, and websites.

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Oregon Department of Education – Child Nutrition Programs

Limited English Proficiency (LEP)

• Individuals who have a limited ability

to read, speak, write, or understand English.

• Responsibility to take reasonable

steps to ensure meaningful access to their programs and activities

It is the responsibility of all sponsors to ensure program access for those with limited English proficiency (LEP). LEP is defined as individuals who have limited ability to read, speak, write or understand English. Reasonable steps must be taken to ensure meaningful access to programs and activities. Some examples of reasonable accommodations may include:

• Providing documents in a variety
• f languages

• Providing translation services to

those that need help in completing applications

• Or Providing verbal information

for those that are unable to read the written information provided

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Oregon Department of Education – Child Nutrition Programs

LEP (continued)

Primary factors to consider when determining reasonable steps:

• Number or proportion in the eligible

service population

• Frequency of contact in the programs
• Importance of the service provided by the

programs

• Resources available to the recipient/costs

Consider these factors when determining reasonable steps to accommodating limited English proficiency.

• Number or proportion of people

with limited English proficiency in a service population area. The greater the number, the higher the need.

• The frequency with which agencies
• r sponsors have or could expect to

have contact with an individual from different language groups seeking

• assistance. The more frequent the

contact with a particular language group, the more likely that enhanced language services in that language are needed.

• The importance of the service
• provided. Will denial of the

service cause a serious, life- threatening implication.

• Resources available and the

costs involved. Share resources to save money.

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Oregon Department of Education – Child Nutrition Programs

LEP (continued)

Nutrition Civil Rights http://www.ode.state.or.us/search/results/?id=206 NSLP household application in other languages http://www.ode.state.or.us/search/page/?id=3316 CACFP household applications in other languages http://www.ode.state.or.us/search/page/?id=3280 Further information on LEP is available at www.LEP.gov

Here are some resources. The ODE CNP civil rights web page. The NSLP and CACFP household applications and other pertinent documents in other languages. For further information about LEP, please visit www.LEP.gov

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Oregon Department of Education – Child Nutrition Programs

Racial and Ethnic Data REPORTING

• Sponsor must collect and maintain data

annually

• ODE will check Racial and Ethnic data

during Administrative Reviews

• Please do not send information to ODE,

unless requested

• Use specific reporting forms for CACFP

and SFSP

Sponsors are to collect racial and ethnic data annually and maintain the data on

• file. Oregon Department of Education

Child Nutrition Program may require to see this information at any time. Additionally, Oregon Department of Education Child Nutrition Program will review the racial and ethnic data during administrative reviews. Please do not send Racial and Ethnic data to Oregon Department of Education Child Nutrition Program, unless requested. The Child and Adult Care Food Program and Summer Food Service Program have specific forms to report the information and keep in your file. The form is listed on the resource page at the end of the presentation.

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Oregon Department of Education – Child Nutrition Programs

Racial and Ethnic Data COLLECTION

• It is optional for participants to

provide Sponsors with Racial and Ethnic information

• However, it is a requirement for

Sponsors to collect Racial and Ethnic Data annually

An important point to note regarding Racial and Ethnic Data collection is that it is optional for participants to provide you with racial and ethnic information, however, it is a requirement for sponsors to collect and maintain Racial and Ethnic data on an annual basis. Sponsors may collect racial/ethnic data

• f the participants from information

provided on Confidential Income Statements (CIS) or Meal application that the household member completes. Since the racial/ethnic section is

• ptional for the household to

complete, it may not be provided. If the racial/ethnic information is not provided by the household, or the Sponsor does not distribute CIS or Meal Applications, Sponsor’s knowledge of the participant's ethnicity and race or visual identification may be used to determine a participant’s racial/ethnic

• category. School Districts may also use

student enrollment information.

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Oregon Department of Education – Child Nutrition Programs

Race and Ethnic Categories Data COLLECTION

Two-Step Process Separate categories will be used when collecting and reporting Race and Ethnicity. Step 1 - Ethnicity determined Step 2 - Racial designations

Racial and Ethnic Data Collection is a two –step process. Separate categories will be used when collecting and reporting Race and Ethnicity of

• participants. You may collect this

information either from enrollment records or actual attendance. The information is recorded from a specific point in time; for instance one day or

• ne month, depending on what

information you have available to you. Ethnicity is determined first; then racial designations second.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Civil Rights “Must Do List”

Offer any Child Nutrition Program in a Non-Discriminatory Manner  Train staff annually on Civil Rights and complete the training form Develop & fully implement sponsor’s Civil Rights Complaint Procedure  Make available to all staff complaint forms, log and complaint procedure

Summary: The Civil Rights “Must Do List”: Sponsors must offer any Child Nutrition Program in a Non- Discriminatory Manner. They must train staff annually on Civil Rights, document the training on the Oregon Department of Education Child Nutrition Program training form and retain the documentation on file for three years plus the current year. They must develop & fully implement the sponsor’s Civil Rights complaint procedure and make available to all staff Civil Rights complaint forms, Civil Rights Complaint Log and the Civil Rights complaint procedure.

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Oregon Department of Education – Child Nutrition Programs Oregon Department of Education – Child Nutrition Programs

Civil Rights “Must Do List”

Prominently display the And Justice for All poster Non-discrimination statement must be

• n all printed and electronic materials

available to the public which mention USDA and/or Child Nutrition Program meals and snacks Must offer meals to all participants Collect Annual Racial/Ethnic Data Info

Additionally, Sponsors must prominently display the And Justice for All poster. The non-discrimination statement must be on all printed and electronic materials available to the public which mention USDA and/or Child Nutrition Program meals and

• snacks. Sponsors must offer meals to

all participants in a non-discriminatory

• manner. And, Racial and Ethnic Data

must be collected annually.

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Oregon Department of Education – Child Nutrition Programs

Resources

ODE-CNP Website

Nutrition Civil Rights

CACFP Policy and Procedure Manual:

www.ode.state.or.us/go/centermanual

Chapter 11 – Civil Rights

For USDA Civil Rights Resources such as posters, complaint forms, and prototype Civil Rights procedure templates, go to Oregon Department of Education Child Nutrition Programs public website, to the Nutrition Civil Rights page. CACFP Center Sponsors may also reference the CACFP Policy and Procedure manual online, Chapter

• 11. Hyperlinks to both websites are

available on this slide for your convenience.

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Oregon Department of Education – Child Nutrition Programs

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

• r 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.

This slide shows USDA’s nondiscrimination statement. The USDA and the State of Oregon are equal opportunity providers and employers.

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Oregon Department of Education – Child Nutrition Programs

Questions Thank you for participating in this

• training. Please contact your assigned

specialist if you have any questions.