civil rights training presented by the texas department of agriculture
TRANSCRIPT
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Civil Rights Training
Presented by the Texas Department of Agriculture
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Pretest
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Title Change
113-1: All previous 113 series instructions are merged into a single instruction– Clearer explanation of roles & responsibilities– Removes ambiguity regarding complaints of
discriminationNo longer titled
“Policy on Nondiscrimination”Now called “Civil Rights Compliance and
Enforcement—Nutrition Programs & Activities”
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Purpose Statement
Race, Color, National Origin, Age, Sex, & Disability were removed from the purpose statement.
It is now an all encompassing phrase
“Enforcement of the prohibition against discrimination in all FNS nutrition programs and activities, whether Federally funded in whole or not”
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Purpose Statement continued…
“The purpose of this Instruction is to establish and convey policy & provide guidance & direction to the USDA F&N Service and its recipients and customers, and ensure compliance with and enforcement of the prohibition against discrimination in all FNS nutrition programs & activities, whether federally funded in whole or not”
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Authority
Title VI of the Civil Rights Act of 1964 – Prohibits
discrimination based on race, color, and national origin
– In programs receiving federal funding
– & implementing USDA regulation
7 CFR Part 15, Subpart A and Subpart C
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Authority
Americans with Disabilities Act
Title IX of the Education Amendments of 1972– Sex
Section 504 of the Rehabilitation Act of 1973– Disability
Age Discrimination Act of 1975
PRWORA and DOJ Memorandum, 1999
Civil Rights Restoration Act of 1987
Food Stamp Act of 1977, amended
Enforcement of Civil Rights of 1964, national origin discrimination against persons w/ limited English proficiency
USDA Dept Reg 4330-2 USDA Reg 7 CFR Part
16, Equal Opp for Religious Organizations
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USDA Policy
USDA prohibits discrimination in all
programs & activities on the basis of race, color,
national origin, age, disability, and where
applicable, sex, marital status, familial status,
parental status, religion, sexual orientation, genetic
info, political beliefs, reprisal, or income.
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USDA Policy continued…
Sexual orientation, marital or family status, parental status, and genetic info are not protected in FNS programs
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Question?
What are the 6 FNS nutritional assistance programs protected bases?
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Answer
AgeColorDisability
National Origin
RaceSex
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Applicability
FNS-113-1 is applicable to all programs & activities of a recipient (state agency, local agency or other subrecipient of Federal financial assistance, whether those pgrms are federally funded in whole or not
Has not changed
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Definitions
Multiple definitions were added or reworded to provide a clearer understanding of their meaning
& application
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Responsibilities
USDA’s office of Civil Rights– Development,
implementation, coordination, & enforcement of the dept’s civil rights
FNS Administrator– Implementing civil rights
pgrm that ensures nondiscrimination compliance in all FNS pgrms & activities
Regional Administrators– Direction, leadership, &
resources to ensure implementation of regional civil rights compliance pgrm
Regional Civil Rights Directors– Technical & operational
asst, direction & leadership in implementing civil rights. Also facilitate complaints.
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Limited English Proficiency (LEP)
State agencies, local agencies, or other subreceipients that fail to provide services to LEP persons, applicants, or participants, or deny access may be discriminating on the basis of national origin
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LEP continued…Primary Factors To Consider
# of proportion of LEP persons in the eligible service population– The greater the #, the higher the need
Frequency of contact in the pgrms– Can do outreach
Importance of the service provided by the pgrm
Resources available to the recipient/costs
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LEP & School Districts
Must make materials available in the appropriate language
– www.squaremeals.org
– www.fns.usda.gov/cnd
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Equal Opportunity for Religious Organizations
USDA identifies these organizations as partners in providing nutrition assistance to
needy individuals
Prohibits discrimination based on – Religion, religious beliefs, or religious
character
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Districts & Religious Organizations
Districts are encouraged to include them in the public release and applicable civil right requirements.
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Public Notification
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Public Notification
Purpose– Inform applicants, participants, and potential
eligibles of :
Complaint Information
NondiscriminationStatement
Program Availability
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Public Notification continued…
Program Availability– Texas requires the public announcement to be sent to
the media each school yearComplaint Information
– Applicants & participants must be advised at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures
• Public Announcement• Complaint Procedure
Nondiscrimination Statement– All information materials & sources (websites), used
by state agencies, local agencies, or subrecipients to inform the public about the programs must contain a nondiscrimination statement.
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Nondiscrimination Statement
“In accordance with Federal law and the U.S. Department of Agriculture policy, this institution does not discriminate 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.
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Nondiscrimination Statement
Not required, but recommended on menusNor required to be printed on items such as
cups, buttons, magnets, and pens– When the size is impractical
State, local, subrecipients must post the nondiscrimination stmt in their offices and be included in full on all materials produced for the public– Page 13 of FNS-113-1
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USDA poster/And Justice For All
Districts must prominently display
It is currently unknown when the new And Justice For All Posters will be distributed by USDA.
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And Justice For All Poster
Pass out copy of poster
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Assurance
Districts will operate in compliance with all regulations, laws, guidelines, policies, and instructions.
Texas includes the Assurance in the original application agreement signed by each District.
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Civil Rights Training
Frontline Staff
Local Agencies
State Agency
USDA
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Civil Rights Training continued…
To be done annually
Topics:– Collection & use of data– Effective public
notification systems– Complaint procedures– Compliance review
techniques– Resolution of
noncompliance– Requirements for
reasonable accommodations of persons w/ disabilities
– Conflict resolution– Customer service
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Data Collection & Reporting
State & local agencies, and other subrecipients are required to obtain data by race & ethnic category on potential eligibles, applicants, and participants in the programs.
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Data Collecting & Reporting continued…
Systems must ensure data is:– Collected & retained
by the service delivery point for each pgrm
– Based on document records & maintained for three years
– Access restricted to authorized personnel
Submitted as requested to FNS Regional or Headquarters Offices
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Race & Ethnic Categories, Two Question Format
1. Ethnicity: collected first– Hispanic or Latino. Cuban, Mexican, Puerto
Rican, South or Central American, or other Spanish culture or origin, regardless of race.
– Not Hispanic or Latino2. Race: Mark one or more
– American Indian or Alaskan Native. Origins of North/South America (including Central America & who maintain tribal affiliation)
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Race & Ethnic Categories, continued…
Asian. Origins of the Far East, Southeast Asia, or Indian subcontinent.
Black or African American. Origins of Africa, Haitian or Negro.
Native Hawaiian or Other Pacific Islander. Origins of Hawaii, Guam, Samoa, or other Pacific Island.
White. Origins of Europe, Middle East, or North Africa.
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Race & Ethnic Categories continued…
Program applicants may not be required to furnish race or ethnicity
– Identification must be voluntary
Visual observation will be used when the applicant does not self-identify
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Compliance Reviews
TDA conducts review
Civil Rights findings during the CRE require a corrective action plan that ensures compliance with this Instruction
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Resolution of Noncompliance
Districts must submit an acceptable corrective action plan
Failure to respond or correct the finding may result in suspension or termination of
financial assistance.
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Complaints of Discrimination
Right To File– Any person alleging
discrimination has the right to file a complaint within 180 days of the alleged action
Acceptance– In Texas, written or
verbal forward to TDA F&N
Forms– Complaint form in
ARM– District may develop
their ownVerbal Complaints
– The elements of the complaint should be written up by the complainant or the person allegations are made against
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Forms
Pass out FNS 113-1 Sample Complaint Form
Pass out ARM Complaint Form
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District/CRE Information
TDA will ask:– Have you ever received any written or verbal
complaints alleging discrimination?– If YES, have these complaints been reported
to the State Agency?– What is your policy to handle a complaint of
discrimination?
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District/CRE Information continued…
Public Release– Letter to parents,
application form, income guidelines
– Copy on file Foreign language
translations are available USDA poster displayed
in prominent place Correct
nondiscrimination stmt on pgrm materials
Admission procedures do not restrict enrollment by minority persons
Incorrectly denied F/R applications are not disproportionately composed of minority applications
Disabled students are provided pgrm benefits
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District/CRE Information continued…
No separation based by race, color, sex, handicap, age or national origin in:– Eating periods
– Seating arrangements
– Serving lines
– Eating areas
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Exercise
I need 6 volunteers
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District/CRE Information
All discrimination
complaints written or verbal must be reported
to TDA F&N division
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Procedures for Processing Civil Rights Complaints
State Agency will– Accept & acknowledge the compliant– Gather facts to support or refute complaint’s
allegation (s)– Ensure all relevant sources of info are
investigated– Review & evaluate the facts– Implement corrective action plan, if necessary
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Procedures for Processing & Resolving Complaints
All complaints alleging age discrimination must be referred to the Federal Mediation & Conciliation Service within 5 working
days after receiptAll complaints alleging discrimination in
general must be processed within 90 days of receipt
Contact FNS Regional Office
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Post-test
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Questions
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In The End…
Memories of our lives, of our works and our deeds will continue in others, who believe and act for fairness and justice
Rosa Parks
1913-2005
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“In accordance with Federal law and the U.S. Department of Agriculture policy, this institution does not discriminate 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.