applying the fns instruction 113-1 in school food authorities

1

Applying the Applying the FNS Instruction 113-1 FNS Instruction 113-1

in School Food Authoritiesin School Food Authorities

FNS Instruction 113-1 “Civil Rights FNS Instruction 113-1 “Civil Rights Compliance and Enforcement - Compliance and Enforcement -

Nutrition Programs and Activities”Nutrition Programs and Activities”Issued: November 8, 2005Issued: November 8, 2005

USDA, FNS, SEROUSDA, FNS, SEROSpecial Nutrition ProgramsSpecial Nutrition Programs

Presented at the Alabama DOE Fall CNP Directors Workshop Presented at the Alabama DOE Fall CNP Directors Workshop Orange Beach, AL Orange Beach, AL

November 2 and 3, 2006November 2 and 3, 2006

2

Prior policy was conveyed through Prior policy was conveyed through a series of 8 FNS Instructions:a series of 8 FNS Instructions:

113-1, 113-1, Civil Rights Compliance and Civil Rights Compliance and EnforcementEnforcement (issued May 1982), as (issued May 1982), as the overarching instruction; and the overarching instruction; and

sequentially numbered instructions sequentially numbered instructions were program-specific.were program-specific.

3

The recently issued The recently issued FNS Instruction 113-1FNS Instruction 113-1

Merges all of the previously independent Merges all of the previously independent instructions into 1 document;instructions into 1 document;

4 appendices that provide program-4 appendices that provide program-

specific guidance; and specific guidance; and

2 appendices that provide sample 2 appendices that provide sample documents and a chart demonstrating documents and a chart demonstrating information and time requirements.information and time requirements.

4

The Appendices are:The Appendices are:

Appendix A: Food Stamp ProgramAppendix A: Food Stamp Program Appendix B: Child Nutrition ProgramsAppendix B: Child Nutrition Programs Appendix C: Food Distribution ProgramsAppendix C: Food Distribution Programs Appendix D: WIC and WIC Farmers’ Market Appendix D: WIC and WIC Farmers’ Market Nutrition Program (FMNP)Nutrition Program (FMNP)

Appendix E: Sample Complaint FormsAppendix E: Sample Complaint Forms Appendix F: Complaint Processing and Appendix F: Complaint Processing and Procedures FlowchartProcedures Flowchart

5

What does the recently issued What does the recently issued 113 change?113 change?

amends certain required procedures;amends certain required procedures; affords equal opportunity for affords equal opportunity for

religious organizations;religious organizations; clearly establishes complaint clearly establishes complaint

handling procedures; andhandling procedures; and is a single reference for civil rights is a single reference for civil rights

compliance and enforcement.compliance and enforcement.

6

New SectionsNew Sections

Limited English Proficiency (LEP)Limited English Proficiency (LEP)

Equal Opportunity for Religious Equal Opportunity for Religious OrganizationsOrganizations

AppendicesAppendices

7

I. PURPOSEI. PURPOSE

Establishes and conveys policyEstablishes and conveys policy

Provides guidance and direction to USDA, Provides guidance and direction to USDA, FNS and its recipients and customersFNS and its recipients and customers

Ensures compliance with and Ensures compliance with and enforcement of the prohibition against enforcement of the prohibition against discrimination in all FNS programs and discrimination in all FNS programs and activities, whether federally funded in activities, whether federally funded in whole or not.whole or not.

8

II. AUTHORITYII. AUTHORITY

Title VI of the Civil Rights of 1964 – Title VI of the Civil Rights of 1964 – race, color, and national originrace, color, and national origin

American with Disabilities Act – American with Disabilities Act – disabilitydisability

Title IX of the Education Amendments Title IX of the Education Amendments of 1972 – sexof 1972 – sex

Section 504 of the Rehabilitation Act of Section 504 of the Rehabilitation Act of 1973 – disability1973 – disability

Age Discrimination Act of 1975 – ageAge Discrimination Act of 1975 – age

9

II. AUTHORITY II. AUTHORITY

The Personal Responsibility and Work The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and Opportunity Reconciliation Act of 1996, and DOJ Memorandum dated 1/28/99, entitled, DOJ Memorandum dated 1/28/99, entitled, “Policy Guidance Document – Enforcement of “Policy Guidance Document – Enforcement of Title VI of the Civil Rights Act of 1964 and Title VI of the Civil Rights Act of 1964 and Related Statutes in Block Grant Type Related Statutes in Block Grant Type Programs.”Programs.”

Civil Rights Restoration Act of 1987 – clarifies Civil Rights Restoration Act of 1987 – clarifies the scope of the Civil Rights Act of 1964.the scope of the Civil Rights Act of 1964.

Food Stamp Act of 1977 – added religious Food Stamp Act of 1977 – added religious creed and political beliefs as protected classes creed and political beliefs as protected classes in the Food Stamp Program.in the Food Stamp Program.

10

II. AUTHORITYII. AUTHORITY Executive Order 13166 – enforces National Executive Order 13166 – enforces National

Origin discrimination for persons with Origin discrimination for persons with Limited English Proficiency.Limited English Proficiency.

USDA Departmental Regulation 4330-2 – USDA Departmental Regulation 4330-2 – prohibits discrimination in programs and prohibits discrimination in programs and activities funded by USDA.activities funded by USDA.

7 CFR Part 16, Equal Opportunity for 7 CFR Part 16, Equal Opportunity for Religious Organizations – religiously Religious Organizations – religiously affiliated organizations should be able to affiliated organizations should be able to compete on an equal footing with other compete on an equal footing with other organizations for USDA assistance.organizations for USDA assistance.

11

III. POLICYIII. POLICYProtected Classes for FNS ProgramsProtected Classes for FNS Programs

RaceRace ColorColor National OriginNational Origin AgeAge SexSex DisabilityDisability Religion (FSP & FDPIR only)Religion (FSP & FDPIR only) Political Beliefs (FSP & FDPIR Political Beliefs (FSP & FDPIR

only)only)

12

III. POLICYIII. POLICY

The U.S. Department of Agriculture prohibits The U.S. Department of Agriculture prohibits discrimination in all its programs and activities on the discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic parental status, religion, sexual orientation, genetic information, political beliefs, reprisal or because all or information, political beliefs, reprisal or because all or part of an individual’s income is derived from any part of an individual’s income is derived from any public assistance program. public assistance program. (Not all prohibited (Not all prohibited bases apply to all programs.)bases apply to all programs.) Persons with Persons with disabilities who require alternative means for disabilities who require alternative means for communication of program information (Braille, communication of program information (Braille, large print, audiotape, etc.) should contact large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice USDA’s TARGET Center at (202) 720-2600 (voice and TTY).and TTY).

13

IV. APPLICABILITYIV. APPLICABILITY

This Instruction is applicable to all This Instruction is applicable to all programs and activities of a recipient programs and activities of a recipient of Federal financial assistance, of Federal financial assistance, whether those programs and whether those programs and activities are federally funded in activities are federally funded in whole or not.whole or not.

14

VII. LIMITED ENGLISH VII. LIMITED ENGLISH PROFICIENCY (LEP)PROFICIENCY (LEP)

Definition:Definition:

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

Recipients of Federal financial assistance have a Recipients of Federal financial assistance have a responsibility to take reasonable steps to ensure responsibility to take reasonable steps to ensure meaningful access to their programs and meaningful access to their programs and activities by persons with limited English activities by persons with limited English proficiency.proficiency.

15

VII. LEPVII. LEP

Factors to consider in addressing LEP:Factors to consider in addressing LEP:

Number or proportion of LEP persons served Number or proportion of LEP persons served or encountered in the eligible population. or encountered in the eligible population.

Frequency with which LEP individuals come in Frequency with which LEP individuals come in contact with the program.contact with the program.

Nature and importance of the program Nature and importance of the program activity, or services provided.activity, or services provided.

Resources available to the recipient and Resources available to the recipient and costs.costs.

16

VII. LEPVII. LEP

NSLP Household applications in NSLP Household applications in foreign languages can be found at:foreign languages can be found at: www.fns.usda.gov/cnd/FRP/frp.process.htm www.fns.usda.gov/cnd/FRP/frp.process.htm

For further information on LEP:For further information on LEP: www.LEP.govwww.LEP.gov

17

VIII. EQUAL OPPORTUNITY FOR VIII. EQUAL OPPORTUNITY FOR RELIGIOUS ORGANIZATIONSRELIGIOUS ORGANIZATIONS

Ensures a level playing field for Ensures a level playing field for the participation of faith-based the participation of faith-based organizations and other organizations and other community organizations in community organizations in USDA programs.USDA programs.

18


This is accomplished by:This is accomplished by:

prohibiting discrimination on the basis of prohibiting discrimination on the basis of religion, religious belief, or religious character religion, religious belief, or religious character in the administration of Federal funds;in the administration of Federal funds;

allowing a religious organization that allowing a religious organization that participates in USDA programs to retain its participates in USDA programs to retain its independence and continue to carryout its independence and continue to carryout its mission, provided that direct USDA funds do mission, provided that direct USDA funds do not support any inherently religious activities not support any inherently religious activities such as worship, religious instruction, or such as worship, religious instruction, or proselytization;proselytization;

19


clarifying that faith-based organizations can clarifying that faith-based organizations can use space in their facilities to provide USDA-use space in their facilities to provide USDA-funded service without removing religious funded service without removing religious art, icons, scriptures, or other religious art, icons, scriptures, or other religious symbols; andsymbols; and

ensuring that no organization that receives ensuring that no organization that receives direct financial assistance from the USDA can direct financial assistance from the USDA can discriminate against a program beneficiary, discriminate against a program beneficiary, on the basis of religion or religious belief.on the basis of religion or religious belief.

20

For further information: www.fbci.govFor further information: www.fbci.gov


21

IX. PUBLIC NOTIFICATIONIX. PUBLIC NOTIFICATION

All FNS assistance programs must include All FNS assistance programs must include a public notification system. a public notification system.

The purpose of this system is to inform The purpose of this system is to inform applicants, participants, and potentially applicants, participants, and potentially eligible persons of:eligible persons of: program availability, program availability, program rights and responsibilities, program rights and responsibilities, the policy of nondiscrimination and the policy of nondiscrimination and the procedure for filing a complaint. the procedure for filing a complaint.

22

3 Elements of Public 3 Elements of Public NotificationNotification

1. Program Availability1. Program Availability

2. Complaint Information2. Complaint Information

3. Nondiscrimination Statement3. Nondiscrimination Statement

23

3 Elements of Public 3 Elements of Public NotificationNotification

1. Program Availability1. Program Availability

Inform applicants, participants, and Inform applicants, participants, and potentially eligible persons of their potentially eligible persons of their program rights and responsibilities and the program rights and responsibilities and the steps necessary for participation.steps necessary for participation.

24

3 Elements of Public 3 Elements of Public Notification Notification

2. Complaint Information2. Complaint Information

Advise applicants and participants at Advise applicants and participants at the service delivery point of their the service delivery point of their right to file a complaint, how to file a right to file a complaint, how to file a complaint, and the complaint complaint, and the complaint procedures. (example: “And Justice procedures. (example: “And Justice for All” poster)for All” poster)

25

3. Nondiscrimination Statement3. Nondiscrimination Statement

All information materials and sources, including All information materials and sources, including Web sitesWeb sites, used by FNS, State agencies, local , used by FNS, State agencies, local agencies, or other subrecipients to inform the agencies, or other subrecipients to inform the public about FNS programs must contain a public about FNS programs must contain a nondiscrimination statement. The statement is not nondiscrimination statement. The statement is not required to be included on every page of the required to be included on every page of the program Web site. program Web site.

3 Elements of Public Notification3 Elements of Public Notification

At a minimum the nondiscrimination At a minimum the nondiscrimination statement or a link to it must be included statement or a link to it must be included

on the home page of the school food on the home page of the school food service program information.service program information.

26


Nondiscrimination Statement : All other FNS Nondiscrimination Statement : All other FNS Programs, State or local agencies, and their Programs, State or local agencies, and their subrecipients, must use the following statement:subrecipients, must use the following statement:

“ “In accordance with Federal law and U.S. In accordance with Federal law and U.S. Department of Agriculture policy, this institution is Department of Agriculture policy, this institution is prohibited from discriminating on the basis of prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. race, color, national origin, sex, age or disability.

To file a complaint of discrimination, write USDA, To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call Avenue, SW, Washington, D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY). USDA is (800) 795-3272 or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.”an equal opportunity provider and employer.”

27


If the material is too small to permit If the material is too small to permit the full Nondiscrimination Statement the full Nondiscrimination Statement in the material, at a minimum the in the material, at a minimum the following must be included: “following must be included: “This This institution is an equal opportunity institution is an equal opportunity providerprovider.”.”

28


Nondiscrimination Statement for FSP and FDPIR State or Nondiscrimination Statement for FSP and FDPIR State or local agencies and their subrecipients must use the local agencies and their subrecipients must use the following statement*:following statement*:

“ “In accordance with Federal law and U.S. Department of In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, discriminating on the basis of race, color, national origin, sex, age, sex, age, religion, political beliefsreligion, political beliefs, or disability. , or disability.

To file a complaint of discrimination, write USDA, Director, To file a complaint of discrimination, write USDA, Director,

Office of Civil Rights, 1400 Independence Avenue, S.W., Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TTY). USDA is an equal (voice) or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.”opportunity provider and employer.”

* Exception provided for the use of a * Exception provided for the use of a joint applicationjoint application for for FSP/HHS—see Instruction for approved language FSP/HHS—see Instruction for approved language

29

Methods of Public NotificationMethods of Public Notification

Prominently display the “And Justice for All” Prominently display the “And Justice for All” poster. poster.

Inform potentially eligible persons, applicants, Inform potentially eligible persons, applicants, participants and grassroots organizations of participants and grassroots organizations of programs or changes in programs.programs or changes in programs.

Provide appropriate information in alternative Provide appropriate information in alternative formats for persons with disabilities.formats for persons with disabilities.

Include the required nondiscrimination statement Include the required nondiscrimination statement on all appropriate FNS and agency publications, on all appropriate FNS and agency publications, Web sites, posters and informational materials.Web sites, posters and informational materials.

Convey the message of equal opportunity in all Convey the message of equal opportunity in all photos and other graphics that are used to photos and other graphics that are used to provide program or program-related information.provide program or program-related information.

31

XI. CIVIL RIGHTS TRAININGXI. CIVIL RIGHTS TRAINING

State agencies are responsible for State agencies are responsible for training local agencies on an training local agencies on an annual annual basisbasis. .

Local agencies are responsible for Local agencies are responsible for training their subrecipients, including training their subrecipients, including “frontline staff”“frontline staff” who interact with who interact with applicants or participants on an applicants or participants on an annual basisannual basis..

32

XI. CIVIL RIGHTS TRAININGXI. CIVIL RIGHTS TRAINING

Specific subject matter required, but not limited to:Specific subject matter required, but not limited to:

Collection and use of data;Collection and use of data; Effective public notification systems,Effective public notification systems, Complaint procedures,Complaint procedures, Compliance review techniques,Compliance review techniques, Resolution of noncompliance,Resolution of noncompliance, Requirements for reasonable accommodation of Requirements for reasonable accommodation of

persons with disabilities,persons with disabilities, Requirements for language assistance,Requirements for language assistance, Conflict resolution, andConflict resolution, and Customer service.Customer service.

33

XII. DATA COLLECTION AND XII. DATA COLLECTION AND REPORTINGREPORTING

The purpose is to:The purpose is to:

determine how effectively FNS programs determine how effectively FNS programs are reaching potential eligible persons and are reaching potential eligible persons and beneficiaries,beneficiaries,

identify areas where additional outreach is identify areas where additional outreach is needed, needed,

assist in the selection of locations for assist in the selection of locations for compliance reviews, andcompliance reviews, and

complete reports, as required.complete reports, as required.

34

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 What are the Collecting and Reporting Expectations for SFAs?Reporting Expectations for SFAs?

35

Race and Ethnic Categories Race and Ethnic Categories Two Question FormatTwo Question Format

1. Ethnicity:1. Ethnicity:

Hispanic or LatinoHispanic or Latino Not Hispanic or LatinoNot Hispanic or Latino

36

Race and Ethnic Categories Race and Ethnic Categories Two Question FormatTwo Question Format

2. Race2. Race

American Indian or Alaskan NativeAmerican Indian or Alaskan Native AsianAsian Black or African AmericanBlack or African American Native Hawaiian or Other Pacific Native Hawaiian or Other Pacific

IslanderIslander WhiteWhite

37

XIII. COMPLIANCE REVIEWSXIII. COMPLIANCE REVIEWS

A compliance review examines A compliance review examines activities to determine adherence with activities to determine adherence with civil rights requirements for:civil rights requirements for:

State agencies,State agencies, local agencies, andlocal agencies, and other subrecipients.other subrecipients.

38

Compliance ReviewsCompliance Reviews

3 Types of Compliance Reviews:3 Types of Compliance Reviews:

Pre-approval or Pre-award (State & Pre-approval or Pre-award (State & Federal) Federal)

Post-award or Routine (State & Federal)Post-award or Routine (State & Federal) Special (Federal)Special (Federal)

39


Pre-approval or Pre-award Compliance Pre-approval or Pre-award Compliance ReviewsReviews

No federal funds shall be made available to a No federal funds shall be made available to a

State agency or local agency until a State agency or local agency until a

Pre-award Compliance Review has been Pre-award Compliance Review has been conducted and the applicant is determined to be conducted and the applicant is determined to be in compliance with civil rights requirements.in compliance with civil rights requirements.

40


Post-Award or Routine Compliance Post-Award or Routine Compliance ReviewReview

Selection based on an indication of possibleSelection based on an indication of possible concerns such as:concerns such as:

scheduled CRE;scheduled CRE; an unusual fluctuation in participation of racial or an unusual fluctuation in participation of racial or

ethnic groups in a service area;ethnic groups in a service area; the number of discrimination complaints filed;the number of discrimination complaints filed; information from grassroots and advocacy groups;information from grassroots and advocacy groups; individuals and State officials; andindividuals and State officials; and unresolved findings from previous civil rights unresolved findings from previous civil rights

reviews.reviews.

41


Post-Award or Routine Compliance Review Post-Award or Routine Compliance Review ContentContent

Complaint process;Complaint process; Training;Training; Non-discrimination statement usage;Non-discrimination statement usage; Analysis of denied applications.Analysis of denied applications.

42


Post-Award or Routine Compliance Review ContentPost-Award or Routine Compliance Review Content

When a review of a local agency or other subrecipient is When a review of a local agency or other subrecipient is performed, by either the FNS Region, the State agency or performed, by either the FNS Region, the State agency or your office, the following items should be determined: your office, the following items should be determined:

Whether potentially eligible persons and households have an Whether potentially eligible persons and households have an equal opportunity to participate in the program;equal opportunity to participate in the program;

Whether case records are coded by race or ethnic origin;Whether case records are coded by race or ethnic origin; Whether offices and cafeterias are displaying the “And Justice Whether offices and cafeterias are displaying the “And Justice

for All” poster in a prominent location;for All” poster in a prominent location; Whether the nondiscrimination statement is included on all Whether the nondiscrimination statement is included on all

printed materials distributed to the public and on web sites; printed materials distributed to the public and on web sites; and whether graphic materials reflect inclusiveness based on and whether graphic materials reflect inclusiveness based on race, color, national origin, age, sex, and disability;race, color, national origin, age, sex, and disability;

Rev. 10/06Rev. 10/06

43


Post-Award or Routine Compliance Review ContentPost-Award or Routine Compliance Review Content

Whether program information is made available to Whether program information is made available to potentially eligible persons, program applicants and potentially eligible persons, program applicants and participants;participants;

Whether the local agency is providing program information Whether the local agency is providing program information to organizations within the community;to organizations within the community;

Whether civil rights complaint processing is handled in Whether civil rights complaint processing is handled in accordance with the FNS Instruction 113-1 or other accordance with the FNS Instruction 113-1 or other applicable authorities; andapplicable authorities; and

Whether the local agency has conducted civil rights training Whether the local agency has conducted civil rights training for its staff.for its staff.

Rev. 10/06Rev. 10/06

44


State agencies review local agencies.State agencies review local agencies. CRE CRE

Local agencies review their sub-Local agencies review their sub-recipients.recipients. Annual site reviews completed by Annual site reviews completed by

February 1, each year.February 1, each year. State and local agencies must report State and local agencies must report

significant findings to the reviewed significant findings to the reviewed entity and FNS. entity and FNS.

45


Special Compliance ReviewsSpecial Compliance Reviews

Conducted by FNS when:Conducted by FNS when:

Program participation data indicates that a Program participation data indicates that a particular group in a specific area is not particular group in a specific area is not benefiting from an FNS program;benefiting from an FNS program;

reports of alleged noncompliance made by reports of alleged noncompliance made by the media, grassroots organizations, or the media, grassroots organizations, or advocacy groups need to be resolved;advocacy groups need to be resolved;

46


Special Compliance ReviewSpecial Compliance Review

reports of alleged noncompliance made by reports of alleged noncompliance made by other agencies, such as US Dept. of Ed. other agencies, such as US Dept. of Ed. and HHS, need to be resolved; orand HHS, need to be resolved; or

patterns of complaints of discrimination patterns of complaints of discrimination have been documented; orhave been documented; or

a complaint is received by a participant a complaint is received by a participant through the complaint procedures.through the complaint procedures.

47

XIV. RESOLUTION OF XIV. RESOLUTION OF NONCOMPLIANCENONCOMPLIANCE

Definition of “Noncompliance”Definition of “Noncompliance” A factual finding that any civil rights A factual finding that any civil rights

requirement, as provided by law, requirement, as provided by law, regulation, policy, instruction, or regulation, policy, instruction, or guidelines, is not being adhered to guidelines, is not being adhered to by a State agency, local agency, or by a State agency, local agency, or other subrecipient.other subrecipient.

48

A finding of noncompliance A finding of noncompliance may be the result of:may be the result of:

a CRE or a Civil Rights Compliance a CRE or a Civil Rights Compliance Review;Review;

a special review; ora special review; or

an investigation.an investigation.

49

What are some examples of What are some examples of noncompliance?noncompliance?

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

Providing FNS program services or Providing FNS program services or benefits in a disparate matter on the benefits in a disparate matter on the basis of a protected class (except as basis of a protected class (except as a disability accommodation).a disability accommodation).

50

What are some examples of What are some examples of noncompliance? noncompliance?

Selecting members for planning and Selecting members for planning and advisory bodies in such a way as to advisory bodies in such a way as to exclude persons from membership exclude persons from membership on the basis of a protected class.on the basis of a protected class.

Selecting FNS program sites or Selecting FNS program sites or facilities in a manner that denies an facilities in a manner that denies an individual access to FNS program individual access to FNS program benefits, assistance, or services on benefits, assistance, or services on the basis of a protected class.the basis of a protected class.

51

What happens once What happens once noncompliance is determined?noncompliance is determined?

Steps must be taken immediately to Steps must be taken immediately to obtain voluntary compliance.obtain voluntary compliance.

Effective date of the finding of Effective date of the finding of noncompliance is the date of notice noncompliance is the date of notice to the State agency, local agency, or to the State agency, local agency, or other subrecipient. other subrecipient.

52

To achieve voluntary To achieve voluntary compliance, FNS will:compliance, FNS will:

Provide immediate Provide immediate written noticewritten notice to the local to the local agency or other subrecipient indicating:agency or other subrecipient indicating: the areas of noncompliance, and the areas of noncompliance, and the action required to correct the situation.the action required to correct the situation.

Negotiate with the local agency or other Negotiate with the local agency or other subrecipient to achieve compliance.subrecipient to achieve compliance.

If corrective action has not been completed If corrective action has not been completed within 60 days of the finding, submit Report within 60 days of the finding, submit Report of Findings of Noncompliance in letter of Findings of Noncompliance in letter format to the FNS Regional Administrator format to the FNS Regional Administrator with attachments.with attachments.

53

XV. COMPLAINTS OF XV. COMPLAINTS OF DISCRIMINATIONDISCRIMINATION

Recognizing a CN Civil Rights Complaint--Recognizing a CN Civil Rights Complaint--

allegation based on:allegation based on:

Race,Race, Color,Color, National Origin,National Origin, Age,Age, Sex, or Sex, or Disability.Disability.

54


timeframes for processing must be timeframes for processing must be adhered to adhered to (complaints must be (complaints must be submitted to FNS within 3 business days)submitted to FNS within 3 business days);;

Right to File: complaint must be filed in Right to File: complaint must be filed in 180 days; 180 days;

complaints may be written or verbal as complaints may be written or verbal as well as anonymous;well as anonymous;

the use of a form is not required though the use of a form is not required though provided as a prototype in the provided as a prototype in the Instruction;Instruction;

55

certain key information should be certain key information should be requested; requested;

a letter of acknowledgement is sent to the a letter of acknowledgement is sent to the complainant;complainant;

age discrimination complaints are referred age discrimination complaints are referred to Federal Mediation Conciliation Service to Federal Mediation Conciliation Service within 10 days;within 10 days;

the parties are encouraged to resolve the the parties are encouraged to resolve the issue at the lowest possible level, as issue at the lowest possible level, as expeditiously as possible; andexpeditiously as possible; and

if finding(s), corrective action required.if finding(s), corrective action required.


56

XVI. GUIDELINES FOR XVI. GUIDELINES FOR PROCESSING CIVIL RIGHTS PROCESSING CIVIL RIGHTS

COMPLAINTSCOMPLAINTS

Appendix F: Review of FNS 113 Complaint Appendix F: Review of FNS 113 Complaint Processing Procedures and Timelines;Processing Procedures and Timelines;

Complaints may be received by USDA, Complaints may be received by USDA, FNS-HQ, FNS-SERO, other Executive FNS-HQ, FNS-SERO, other Executive Recipients, SAs or SFAs;Recipients, SAs or SFAs;

All complaints must be resolved within 90 All complaints must be resolved within 90 days of receipt; and days of receipt; and

the State Operations Plan must contain a the State Operations Plan must contain a description of the agency’s discrimination description of the agency’s discrimination complaint/grievance processing system.complaint/grievance processing system.

57

Is this a Civil Rights Complaint?Is this a Civil Rights Complaint?

An autistic middle school student forgets her lunch money for An autistic middle school student forgets her lunch money for the fourth time. The paraprofessional tells the cashier to give the fourth time. The paraprofessional tells the cashier to give the child two packages of saltine crackers and tells the child the child two packages of saltine crackers and tells the child that “This will teach you not have your lunch money again”. that “This will teach you not have your lunch money again”. The child’s mother writes a letter to the Secretary of The child’s mother writes a letter to the Secretary of Agriculture alleging discrimination based on the childs autism.Agriculture alleging discrimination based on the childs autism.

Is this a civil rights complaint and should it be reported?Is this a civil rights complaint and should it be reported? Yes.Yes. It should be considered a complaint even if it appears to It should be considered a complaint even if it appears to

be a program related issue.be a program related issue. The results of the investigation determined that it was a The results of the investigation determined that it was a

program complaint. Improper application of the SFA charge program complaint. Improper application of the SFA charge policy and a potential violation of the FNS Instruction 791.1 policy and a potential violation of the FNS Instruction 791.1 Prohibition Against Denying Meals and Milk to Children as a

Disciplinary Act

58

Is this a Civil Rights Complaint?Is this a Civil Rights Complaint?

A parent contacts the School Food Service Director and A parent contacts the School Food Service Director and says their child is being denied their religious right to be says their child is being denied their religious right to be able to eat only vegetarian meals. able to eat only vegetarian meals.

Is this a civil rights complaint and should it be reported?Is this a civil rights complaint and should it be reported?

No.No. Religion is not a protected class in Child Nutrition Religion is not a protected class in Child Nutrition Programs under FNS Instruction 113-1 Civil Rights Programs under FNS Instruction 113-1 Civil Rights Compliance and Enforcement – Nutrition Programs and Compliance and Enforcement – Nutrition Programs and Activities .Activities .

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

59

Is this a Civil Rights Complaint?Is this a Civil Rights Complaint? A minority high school football player approaches the A minority high school football player approaches the

cafeteria manager and says he isn’t getting enough food cafeteria manager and says he isn’t getting enough food when he selects a reimbursable meal and would like larger when he selects a reimbursable meal and would like larger servings.servings.

Is this a civil rights complaint and should it be reported?Is this a civil rights complaint and should it be reported?

No.No. Just because the student is a minority student does not Just because the student is a minority student does not mean he automatically is considered to be alleging mean he automatically is considered to be alleging discrimination. He did not state that he was not getting discrimination. He did not state that he was not getting adequate servings because of his minority status. He only adequate servings because of his minority status. He only wants a larger serving.wants a larger serving.

If he had said that he was not getting a large enough If he had said that he was not getting a large enough serving because of his racial/ethnic background, then, Yes, serving because of his racial/ethnic background, then, Yes, it would be a complaint and you would need to report it.it would be a complaint and you would need to report it.

60

Questions?Questions?

applying the fns instruction 113-1 in school food authorities

Documents

civil rights act

civil rights compliance

civil rights restoration

food stamp act

fns instructions

rehabilitation act

national origin discrimination

programspecific guidance