Training for Your Local Staff Members 2 6222012 Civil Rights Compliance and Enforcement USDA 7 CFR Parts 210 215 220 225 and 226 FNS 1131 Iowa Code sections 2167 and 2169 3 6222012 ID: 1044028
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1. Civil Rights in School Nutrition ProgramsTraining for Your Local Staff Members
2. 26/22/2012Civil Rights Compliance and EnforcementUSDA 7 CFR Parts 210, 215, 220, 225 and 226.FNS 113-1 Iowa Code sections 216.7 and 216.9.
3. 36/22/2012Purpose and AuthorityPurposeEnsures compliance with and enforcement of the prohibition against discrimination in all nutrition programs
4. 46/22/2012RequirementsProvide public notificationCollect & report racial & ethnic dataProvide reasonable accommodationsLimited English PersonsDisabilitiesHandle civil rights complaints according to prescribed proceduresConduct annual civil rights trainingConduct compliance reviews, as applicable
5. 56/22/2012PolicyUSDA (Federal) Protected Classes for Child Nutrition ProgramsRaceColorNational OriginAgeSexDisability
6. 66/22/2012Iowa Protected Classes Adds protections for persons with regard to issues related to creed, sexual orientation, gender identity, or religion.Adopts all other Federal protected classes except for age discrimination.All Federal Child Nutrition Programs operating in the state of Iowa must adopt both Federal and State protected classes.
7. 76/22/2012PUBLIC NOTIFICATIONInform applicants, participants, and potentially eligible persons of: Program availability Program rights and responsibilities Procedure for filing a complaint Policy of nondiscrimination
8. 86/22/2012PUBLIC NOTIFICATIONAll informational materials and sources to inform the public about CNPs, must use the following nondiscrimination statement. This includes: all materials for public information, education or distribution (handbooks, letters)Web sites Not required on items such as pens or buttons which identify the program when size makes it impractical
9. 96/22/2012PUBLIC NOTIFICATION“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 Adjudication,1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992 (Voice). Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.”
10. 106/22/2012Iowa Notification Statement “It is the policy of (name of CNP provider) not to discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, disability, or religion in its programs, activities, or employment practices as required by the Iowa Code section 216.7 and 216.9. If you have questions or grievances related to compliance with this policy by (name of CNP Provider), please contact the Iowa Civil Rights Commission, Grimes State Office Building, 400 E. 14th Street, Des Moines, IA 50319-1004; phone number 515-281-4121, 800-457-4416; web site: http://www.state.ia.us/government/crc/index.html.”
11. 116/22/2012PUBLIC NOTIFICATIONIf the material is too small to permit the full statement to be included, the material will at a minimum include“This institution is an equal opportunity provider.”Also allowed for Internet, radio and TV public service announcements.Print size for either statement shall be no smaller than the text in the material.
12. 126/22/2012PUBLIC NOTIFICATIONMethods of Public NotificationMust prominently display the “And Justice for All” poster or an FNS approved substitute. Provide appropriate information in alternative formats for persons with disabilities.Convey the message of equal opportunity in all photos and other graphics that are used to provide program or program-related information.
13. 136/22/2012PUBLIC NOTIFICATIONInform applicants, potentially eligible persons, participants and grassroots organizations of program or changes in the program.Includes information pertaining to:EligibilityBenefitsServicesLocation of local facilities or service delivery pointsHours of service
14. 146/22/2012PUBLIC NOTIFICATIONCommunicate using methods such as:Internet and computer based applicationsNewspaperRadio/televisionLetters/leaflets/brochuresBulletins
15. 156/22/2012
16. 166/22/2012Poster sourcehttp://www.fns.usda.gov/cr/justice.htm
17. 176/22/2012CIVIL RIGHTS TRAININGLEAs are responsible for annually training their front line staff and supervisors who interact with applicants or participants.Training must be documented.
18. 186/22/2012CIVIL RIGHTS TRAININGSpecific subject matter required to be included in training, 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, andCustomer service.
19. 196/22/2012Collecting and Reporting Participant DataSelf-identification or self-reporting is the preferred method of obtaining data.Program applicants may not be required to furnish ethnicity and race.Iowa Eligibility Application requests informationVisual observation shall be used when the applicant does not self-identify.The applicant should be informed that a visual identification of his/her ethnicity and race will be made and recorded.
20. 206/22/2012Collecting and Reporting Participant Data Two Question Format must be used for Ethnic and Racial CategoriesEthnicity: is to be asked firstHispanic or LatinoNot Hispanic or LatinoRace (Instructions should specify “mark one or more”)American Indian or Alaskan NativeAsianBlack or African AmericanNative Hawaiian or Other Pacific IslanderWhite
21. 216/22/2012Collecting and Reporting Participation DataSelf-identification or self-reporting is the preferred method of obtaining data.Visual observation shall be used when the applicant does not self-identifyData collector may not second guess or change or challenge a self declaration unless such declarations are patently false.
22. 226/22/2012Collecting and Reporting Participant DataSystems must ensure that data collected/retained are:Collected and retained by the service delivery point for each programBased on documented records and maintained for 3 yearsMaintained under safeguards that restrict access to only authorized personnelSubmitted, as requested, to the FNS Regional or Headquarters Offices.
23. 236/22/2012COMPLIANCE REVIEWSExamines activities to determine adherence with civil rights requirements
24. 246/22/2012RESOLUTION 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.
25. 256/22/2012RESOLUTION OF NONCOMPLIANCEWhat are some examples of noncompliance? Denying an individual or household the opportunity to apply for FNS program benefits or services on the basis of a protected class.Providing FNS program services or benefits in a dissimilar manner on the basis of a protected class (except as a disability accommodation). 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.
26. 266/22/2012RESOLUTION OF NONCOMPLIANCEIf non-compliance is indicated, corrective action must be taken immediately to achieve voluntary compliance within 60 days.If voluntary compliance is not achieved, the Regional Office will be involved.
27. 276/22/2012COMPLAINTS OF DISCRIMINATIONRecognizing a Civil Rights ComplaintAllegation may be based on Race, Color, National Origin, Age, Sex, or Disability under USDA rules.Allegations in Iowa may also be based on Creed, Religion, Sexual Orientation, or Gender Identification.
28. 286/22/2012COMPLAINTS OF DISCRIMINATIONComplaint must be filed within 180 days (timeframes must be adhered to)Complaints may be written or verbal as well as anonymous;Make effort to obtain:Name, address, and phone number of complainantLocation and name of the LEA delivering the serviceNature of the incident or action Basis on which the complainant believes discrimination exists (which protected class) (continued on next slide)
29. 296/22/2012COMPLAINTS OF DISCRIMINATIONNames, phone numbers, titles and business or personal addresses of persons who may have knowledge of the action.Date during which the alleged actions occurred or duration of occurrences. Forward complaint to the State Agency. Complaint forms are available as links in the civil rights training manual.
30. 306/22/2012Sections Added To Civil Rights (November 2005)Limited English Proficiency (LEP)Reasonable steps must be taken to ensure meaningful access to the information and services provided for persons with limited English proficiency. 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.
31. 316/22/2012Sections Added To Civil Rights (November 2005)Reasonable Steps are contingent on:Number or proportion of LEP persons served or encountered in the eligible populationFrequency with which LEP individuals come in contact with the programNature and importance of the program, activity or service provided by the programResources available to the recipient and costs
32. 326/22/2012Sections Added To Civil RightsResource factors to consider in serving LEP: Accessibility of a translatorAvailability of materials in various languagesLanguage line phone service may be available for a subscription fee through your local telephone service providerTranslated applications on USDA web site
33. 336/22/2012Assistance For Hearing ImpairedHearing impaired individuals can find available assistance by going to:www.relayiowa.com/ for relay serviceswww.iowastaterid.org/ for sign language interpretation
34. 346/22/2012Sections Added To Civil Rights Equal Opportunity for Religious OrganizationsCNPs encourages the participation of religious organizations on an equal footing with other kinds of local organizations and avoids barriers that would make their participation difficult.
35. 356/22/2012Sections Added To Civil Rights Equal Opportunity for Religious OrganizationsThis is accomplished by:Prohibiting discrimination on the basis of religion, religious belief, or religious character in the administration of Federal fundsAllowing a religious organization that participates in USDA programs to retain its independence and continue to carry out its mission.
36. 366/22/2012Sections Added To Civil RightsUSDA funds cannot support any inherently religious activities such as worship, religious instruction, or proselytization. Faith-based organizations can use space in their facilities to provide USDA-funded service without removing religious art, icons, scriptures, or other religious symbols.No organization that receives direct financial assistance from the USDA can discriminate against a program beneficiary, on the basis of religion or religious belief.
37. 376/22/2012Customer ServiceAll participants must be treated in the same mannerEach person receives the same menu items in the same amountsAll persons are included in meals, snacks, activities, and discussionsEach person receives positive comments, as well as constructive education regarding meal time, nutrition, manners, etc. Standards of behavior are not based on membership in a protected class
38. 386/22/2012FOOD FOR THOUGHTIn order to reduce the risk of a civil rights discrimination complaint, ask yourself the following questions each time an applicant and/or participant comes to your program for services:Am I treating this person in the same manner I treat others?Have I informed this person exactly what information I need to make a determination on the application?Have I given this person the opportunity to ask questions?Have I provided the person with the information he or she needs to make necessary decisions?
39. 396/22/2012Questions???
40. 406/22/2012ContactsPatti Harding, 515-281-4754, patti.harding@iowa.govAssigned NSLP consultants