"USDA is an equal opportunity provider and employer."

Civil Rightsin Child Nutrition

Programs

"USDA is an equal opportunity provider and employer."

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.

"USDA is an equal opportunity provider and employer."

What are Civil Rights?

“Civil rights" are the rights of individuals to receive equal treatment

(and to be free from unfair treatment or "discrimination") in a number of settings

-- including education, employment, housing, federal child nutrition programs

and more -- and based on certain legally-protected characteristics.

"USDA is an equal opportunity provider and employer."

Child Nutrition Programs are federally funded

programs and as such, must ensure that all

individuals for whom the program is intended, have access to the program free

from discrimination.

"USDA is an equal opportunity provider and employer."

What is Discrimination?

Discrimination is defined as different treatment which makes a distinction of one person or a group of persons either intentionally by neglect or by action or lack of actions based on any persons or group who has characteristics for which discrimination is prohibited based on the

law, regulation, or executive order.

"USDA is an equal opportunity provider and employer."

Protected Classes in Child Nutrition Programs

Race Color National Origin Sex Disability Age

"USDA is an equal opportunity provider and employer."

Civil Rights Compliance Goals

• Equal treatment for all applicants and beneficiaries under the law

• Knowledge of rights & responsibilities

• Elimination of illegal barriers that prevent or deter people from receiving benefits

• Dignity and respect for all

"USDA is an equal opportunity provider and employer."

FNS-113: Civil Rights Compliance

Limited English Proficiency Equal Opportunity for Religious Organizations Reasonable Accommodations Public Notification Assurances Civil Rights Training Data Collection and Reporting Compliance Reviews Resolution of Non-Compliance Complaints of Discrimination Processing Civil Rights Complaints/Conflict Resolution and

Customer Service

"USDA is an equal opportunity provider and employer."

Limited English Proficiency

"USDA is an equal opportunity provider and employer."

Sponsors have a responsibility to take steps to ensure meaningful access to their programs and activities by persons with Limited English Proficiency (LEP).

LEP describes individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English.

Language Assistance for Limited English Proficiency

"USDA is an equal opportunity provider and employer."

1. How great is the need for language assistance in your area?

2. How great is the frequency that people with limited English proficiency need to access your programs?

3. How great is the importance of your program to the people with limited English and who access your program? (Nutrition programs are high importance.)

4. What resources are available to your organizations?

"USDA is an equal opportunity provider and employer."

www.lep.gov

"USDA is an equal opportunity provider and employer."

"USDA is an equal opportunity provider and employer."

Equal Opportunity for Religious Organizations

"USDA is an equal opportunity provider and employer."

USDA recognizes that faith based organizations have been a longstanding partner in supporting low income persons.

There should be no barriers to participation in child nutrition programs for faith based communities.

Faith based organizations are allowed to carry out their mission while participating in the program, as long as program funds to not directly support any inherently religious activities.

Faith based organizations can use their own space for program participation without removal of any religious symbol or scriptures

"USDA is an equal opportunity provider and employer."

Reasonable Accommodations for

Persons with Disabilities

"USDA is an equal opportunity provider and employer."

Americans with Disabilities Act – prohibitsdiscrimination based on a disability in all services,programs, and activities provided to the public byState and local governments, except publictransportation services. This means that agenciesmust ensure persons with disabilities have:

Program accessibility (phone, mail, etc.) Effective communication with agency staff Easy access to the buildings/SFSP sites

All sponsors participating in Child Nutrition Programs are required to provide food

substitutions or modifications for disabilities if:

1. A physicians statement is on file that describes the participant’s disability (a disability as defined in federal regulations) that prevents the participant from eating the regularly offered foods, and…

2. The physician has indicated the substitutions or modifications that the participant needs

The Medical Statement from the licensed physician must be kept on file

at the sponsor office/school"USDA is an equal opportunity provider and employer."

"USDA is an equal opportunity provider and employer."

Public Notification

"USDA is an equal opportunity provider and employer."

Prominently display the “And Justice for All” poster

Inform potentially eligible persons, applicants, participants and grassroots organizations of programs or changes in programs (Media Release)

Include the Non-Discrimination Statement on all sponsor materials that go out to the public.

Provide appropriate information in alternative formats for persons with disabilities

"USDA is an equal opportunity provider and employer."

“And Justice For All”

This poster must be placed in a prominent area at each site where participants and potential

participants have ready access. It should be in the original 11 x 17 size, however, it does not

need to be in color. If an 11 x 17 size cannot be found or created, an 8 ½ X 11 size can be used

until the 11 x 17 size becomes available.

"USDA is an equal opportunity provider and employer."

Media ReleaseSample News Release

Open Sites

The (name of sponsor) is participating in the Summer Food Service Program. Meals will be provided to all children without charge and are the same for all children regardless of race, color, national origin, sex, age or disability, and there will be no discrimination in the course of the meal service. Meals will be provided at the sites and times as follows: [list all sites and the starting and ending times of meal service for each site]

{Site Name} {Site Address} {Dates of Operation/Days} {Times of Service} {Site Name} {Site Address} {Dates of Operation/Days} {Times of Service} {Site Name} {Site Address} {Dates of Operation/Days} {Times of Service} {Site Name} {Site Address} {Dates of Operation/Days} {Times of Service}

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.

"USDA is an equal opportunity provider and employer."

Non-Discrimination Statement

Include the required nondiscrimination statement on all

sponsor publications, web sites, posters and informational materials

that go out to the public. This includes websites.

"USDA is an equal opportunity provider and employer."

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.

"USDA is an equal opportunity provider and employer."

If the material is too small to permit the full statement to be included, the material will, at a

minimum, include the following statement in print size no smaller than the text:

“USDA is an equal opportunity provider and employer.”

Non-discrimination Statement for Small Materials

"USDA is an equal opportunity provider and employer."

Assurances

"USDA is an equal opportunity provider and employer."

o To qualify for federal financial assistance, an application must include a written assurance in all agreements between the State Agency and

Sponsors that the program will be operated in a nondiscriminatory manner.

o USDA is responsible for monitoring state agencies for compliance with nondiscriminatory

practices

o State Agencies are responsible for reviewing, approving, and monitoring sponsors for

compliance with nondiscriminatory practices.

"USDA is an equal opportunity provider and employer."

Civil Rights Training

"USDA is an equal opportunity provider and employer."

The Sponsor is required to provide civil rights training annually. This is for all staff that interact with program applicants or participants (i.e. servers, volunteers, site

supervisors, monitors) and their supervisors.

Document Who was trained, Who trained, Date of Training and Topics!

You may use the KY SCN “Civil Rights Training for Frontline Staff” to Train Your Staff! Found on Our Website.

"USDA is an equal opportunity provider and employer."

On Our Website!

"USDA is an equal opportunity provider and employer."

Ethnic/Racial Data Collection

"USDA is an equal opportunity provider and employer."

Data Collection

Collection 1: Maintain in CNIPS the number (do not use percentages) of potential eligible beneficiaries by ethnic/racial category for the area served by the provider/district. (Included in the CNIPS Checklist) DONE ONCE A YEAR!

Collection 2: Collect and maintain ethnic/racial category of each site once a Year. (Kept in Site Folder at Sponsor Office.) Use actual numbers.

In general, any data collected about beneficiaries should be kept secure and confidential

Maintain all records for three years

"USDA is an equal opportunity provider and employer."

Two Separate Collections: Ethnic Collection and Racial Collection

"USDA is an equal opportunity provider and employer."

Use of Data

Helps determine if there are disparities between the potentially eligible

population and the actual participating population or shows discrimination

Outreach efforts can be targeted

"USDA is an equal opportunity provider and employer."

Compliance Reviews

Civil Rights Compliance Reviews

State Agencies must ensure Civil rights Compliance of Sponsors and Sites. Sponsors and Sites must be

evaluated during:

1. Pre-approval Reviews (Question on the pre-approval form and observation

of practices)

2. Post-award or Routine Compliance Reviews

"USDA is an equal opportunity provider and employer."

Civil Rights Compliance Reviews

Sponsors must ensure Civil rights Compliance of their sites. Sites must be

evaluated during:

1. Pre-approval Reviews (Question on the pre-approval form and observation

of practices)

2. Post-award or Routine Compliance Reviews (First Week and Monitor

Reviews)"USDA is an equal opportunity provider

and employer."

"USDA is an equal opportunity provider and employer."

Resolving Non-Compliance

"USDA is an equal opportunity provider and employer."

Resolving Noncompliance

Noncompliance 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 sponsor or its SFSP Sites.

Noncompliance may be the result of: A review of civil rights compliance during routine

reviews A special review or An investigation

Once noncompliance is determined, steps must be taken to immediately obtain voluntary compliance

Continued noncompliance may lead to suspension or final termination

"USDA is an equal opportunity provider and employer."

Processing Civil Rights Complaints

"USDA is an equal opportunity provider and employer."

Complaints must be processed within established timelines.

Any person or representative has 180 days from the time of the alleged discriminatory act to file a complaint.

A complaint form has been developed by the state agency to document details about the complaint, NOT as a prerequisite for filing a complaint. All complaints will be processed.

90 days is the maximum amount of time for KDE/FNS to process a compliant.

"USDA is an equal opportunity provider and employer."

Grievance Report Form

"USDA is an equal opportunity provider and employer."

1. Civil Rights Complaint Received by Sponsor. Can be either verbal or written

2. Civil Rights Complaint Documented in Civil Rights Complaint Log

3. Sponsor gives Complainant Civil Rights Complaint Form and/or Sponsor Completes Civil Rights Complaint Form with Complainant

4. Complainant Returns Civil Rights Complaint Form to Sponsor.

5. Sponsor Forwards Civil Rights Complaint Form to KDE within 3 Working Days

"USDA is an equal opportunity provider and employer."

Remember to be conscious to treat all participants and parents/guardians with dignity and respect.

Also ensure that Each participant receives the same menu items in the

same amounts ( Disclaimer: Toddlers may be served a smaller portion. Teens may be served a larger portion.)

All participants are included in meals, snacks, activities, and discussions

Participants with special needs will have their needs addressed based on the severity of the need

Standards of behavior are not based on membership in a protected class

Customer Service

"USDA is an equal opportunity provider and employer."

Skills can help staff provide good customer service and avoid potential civil rights complaints

Avoid the desire to blame Have positive intent Communicate your feelings directly Improve relationships and increase

communication Avoid repeating the situation

Conflict Resolution

"USDA is an equal opportunity provider and employer."

Civil Rights is a very serious and important

matter. The federal dollars you receive as a sponsor of this program are intended to support all eligible participants, free from discrimination.

"USDA is an equal opportunity provider and employer."

Please contact School and Community Nutrition if you have

any questions regarding this online training or any questions

regarding Civil Rights.

502-564-5625