Civil Rights Compliance and Civil Rights Compliance and Enforcement Enforcement

For Nutrition Programs and For Nutrition Programs and ActivitiesActivities

FNS Instruction 113-1NC Department of Public Instruction

Civil Rights Training

• Federal Law requires that ALL Staff working in the Child Nutrition program receive Civil Rights training and updates annually, per FNS 113-1.

WHAT ARE CIVIL RIGHTS?

Civil rights are the non-political rights of a citizen;

The rights of personal liberty guaranteed to U.S. citizens by the 13th and 14th Amendments to the U.S. Constitution and Acts of Congress.

Civil Rights Laws…

Protected Class• Any person or group of people who have characteristics for Any person or group of people who have characteristics for

which discrimination is prohibited based on a law, which discrimination is prohibited based on a law, regulation, or executive order.regulation, or executive order.

Protected classes for the CN Programs are Protected classes for the CN Programs are race, color, race, color, national origin, age, sex, and disability.national origin, age, sex, and disability.

Civil Rights Laws

Title VI of the Civil Rights Act of Title VI of the Civil Rights Act of 1964 states that1964 states that “ “no person in the no person in the United States shall be discriminated United States shall be discriminated against on the grounds of race, against on the grounds of race, color or national origin, be excluded color or national origin, be excluded from participation in, be denied the from participation in, be denied the benefits of, or be subjected to benefits of, or be subjected to discrimination under any program discrimination under any program or activity.”or activity.”

Sex (Gender)

• Title IX of the Education Amendments of 1972 states:

No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.

Age

• The Age Discrimination Act of 1975 provides: No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.

Handicapped/Disabled

• Section 504 of the Rehabilitation Act of 1973 added disability to Title VI.

• Title II and Title III of the Americans with Disabilities Act of 1990 extended the requirements to all services, programs and activities of State and local governments and prohibits discrimination based on disability…

Language Assistance

• People with limited English proficiency (LEP) (to read, speak, write, or

understand English) need to be served in other languages

• Must take reasonable steps to ensure meaningful access to their programs and activities by persons with limited English proficiency

Public Notification

Program Availability

Complaint Information

Nondiscrimination Statement

Non-Discrimination 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. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.”

Non-Discrimination Statement (Short Version

“(Name of School or LEA) is an equal opportunity provider and employer” or

“This institution is an equal opportunity provider and employer”.

Public Notification…

Prominently display this poster in a location clearly visible to your customers…

Public Notification…

Inform participants of programs or changes in programs.

Include nondiscrimination statement on all appropriate 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.

Complaint Procedures…

• Right to File: complaint must be filed within 180 days of occurrence;

• Notify the Child Nutrition Office immediately – WITHIN 24 HOURS of the original complaint…

Complaint Procedures…

• Provide forms for written complaints

OR

• Take detailed notes of oral complaints

Complaint Procedures (cont’d)…

• Complainant’s• Name• Address• Telephone number

• Location where discrimination occurred

• Nature of the incident• Basis for the claim-race, age,

disability, etc

• Names of witnesses

• Dates when action(s) occurred

What is Non-Compliance???

“Non-compliance” is…

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.

Complaint Procedures…

• Parties are encouraged to resolve the issue at the lowest possible level, as expeditiously as possible; and

• If findings of non-compliance, take immediate corrective action.

Examples of Civil Rights Violations:

Denying an individual or household the opportunity to apply for program benefits or services on the basis of a protected class.

Giving student eligibility information (roster) to anyone without receiving permission from the CN Director

▪ Overtly identifying a student on the basis of a protected class.

Monitoring Responsibilities…

• Civil Rights Compliance WorksheetGeneral review of Civil Rights Compliance at the school level

– may be completed by the CN Manager, Supervisor or Director

Should be completed annually at the beginning of school and/or with the annual on-site school review

• Civil Rights Post Award DocumentGeneral review of Civil Rights compliance for SFA –

completed by the CN DirectorMust be completed for SFA annually, no later than December

15th

???Questions???