usda civil rights and school nutrition programs

Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org

USDA Civil Rights and School Nutrition

Programs


School Nutrition Program Civil Rights

Understanding Civil RightsAnd

Civil Rights TrainingIn

10 Easy Steps!


# 1

What is Civil Rights?


IntroductionCivil Rights regulations are intended to assure that benefits of School Nutrition Programs are made available to all eligible people in a non-discriminatory manner.


Introduction

All programs receiving Federal funds must implement Civil Rights requirements to be eligible for funds.


# 2

What Is

Discrimination?


Discrimination …is defined as different treatment

which makes a distinction of one person or a group of persons from others; either intentionally, by neglect or by the actions or lack of actions based on the protected classes.


Protected Classes

• Race • Color • National origin

• Age• Sex • Disability


# 3How Do YouRecognize ACivil Rights Complaint?


Recognizing a Civil Rights Complaint

• A Complaint of unequal treatment can be:–Verbal–In Writing–Observed


Civil Rights Complaint

A potential Civil Rights complaint may start with a phone call, letter, email, fax or any form of communication


Civil Rights ComplaintSomeone may feel they or someone they know, has received unequal treatment in the operation of a School Nutrition Program

-food service -program

administration-employment


Discrimination is:

• Delayed receiving benefits or services that others receive

• Denied benefits or services that others receive

The 4

“D”s


Discrimination is:

• Treated Differently than others to their disadvantage

• Given Disparate treatment, something which does not seem discriminatory, but has a discriminatory impact

The 4

“D”s


# 4What do you do if

you receive a Civil Rights complaint?


Develop a Procedure Plan

Develop and implement a written procedure to handle any discrimination complaint that may be received.


How Long Do They Have To File a Complaint?

A person may file a complaint within 180 days of the alleged

discriminatory action.


Where Do They Send The Complaint?

Complainants may directly contact • USDA • State Agency• FNS Civil Rights

Division

• FNS Regional Office or

• Local school system


Complaint Procedure

A complaint can be investigated and resolved locally, but the complaint

must be reported to the State Agency immediately after it is received.


Misunderstandings vs. Official Complaint

When a misunderstanding, not an official complaint, can be resolved at the local level, neither Federal or State notification is necessary.


How to Handle a Complaint

A complaint form is included in the FNS Instruction 113-1, Appendix E. Any local forms must include all FNS

Instructions 113-1 information.


Civil Rights Complaint Procedure

• Receipt of the complaint• Complaint is documented• Procedures are implemented• The State Agency is notified • Complaint is documentation

and maintained on file.


Civil Rights Complaint Form

• Forms are available at all sites• Assist with completing the form• Notify the State Agency• Forms must be filed and available

for USDA and State Agency


# 5

What do I do with the“And Justice For All”

Poster?


“And Justice For All”Poster must be placed in a prominent area where participants and potential participants have ready access


# 6

When do I use theNondiscrimination

Statement?


Nondiscrimination Statement – Long version

“The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)

If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination

Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at [email protected].

Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay

Service at (800) 877-8339; or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider and employer.”

http://www.gadoe.org/Finance-and-Business-Operations/School-Nutrition/Pages/USDA-Non-Discrimination-Statement.aspx




Where a Non-discrimination Statement is Needed

Informational Materials:• Enrollment Forms

• Menus

• Newsletters

• Flyers

• Websites

• Print/broadcast ads

• Brochures

• Employee Handbooks

• Parent/Student Handbooks


Nondiscrimination Statement - Short version

Can be used on documents which mention the School Nutrition Program, USDA, is a one page (front and back) or less in length.

“This institution is an equal opportunity provider and

employer.”


# 7

Who needs to have the Civil Rights information?


• Complaint forms and procedure information at every site

• Discrimination Information available to all School Nutrition personnel

• Complaint information must be retained for 5 years plus the year it was created.


# 8

What does GaDOE School Nutrition

look for at a review?


Common Review FindingsCivil Rights complaint forms not accessible to all staff at each siteStaff do not recognize a civil rights complaint when asked and/or are not able to verbalize the Civil Rights complaint procedure to reviewer


Common Review Findings

And Justice for All poster is not visible where students, parents and the general public can see and readNon-discrimination statement is wrong or missing from documents


# 9

Are there any resources for us to

use?


Civil Rights ResourcesFNS INSTRUCTION 113-1• Establishes and conveys policy• Guidance and direction• Ensures complianceYour Area Consultant


# 10What is a summary of the steps School Nutrition must do

for Civil Rights?


Summary: Civil Rights“Must Do List?”

Offer any School Nutrition Program in a non-discriminatory manner

Train staff annually on Civil Rights



Develop & fully implement a Civil Rights complaint procedure

Make available to all staff any Civil Rights complaint forms and complaint procedure



Prominently display the “And Justice for All” poster

Must offer meals to all students in the school



Non-discrimination statement must be on all printed materials available to the public which mention USDA and/or School Nutrition Program meals and snacks


Thank You


The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at [email protected]. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider and employer.

http://www.ascr.usda.gov/complaint_filing_cust.html

usda civil rights and school nutrition programs

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civil rights requirements

understanding of civil

eligible people

different treatment

federal funds

lack of actions

introductionall programs

group of persons