Civil Rights Training

Presented by the Texas Department of Agriculture

Pretest

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”

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”

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”

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

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

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.

USDA Policy continued…

Sexual orientation, marital or family status, parental status, and genetic info are not protected in FNS programs

Question?

What are the 6 FNS nutritional assistance programs protected bases?

Answer

AgeColorDisability

National Origin

RaceSex

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

Definitions

Multiple definitions were added or reworded to provide a clearer understanding of their meaning

& application

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.

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

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

LEP & School Districts

Must make materials available in the appropriate language

– www.squaremeals.org

– www.fns.usda.gov/cnd

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

Districts & Religious Organizations

Districts are encouraged to include them in the public release and applicable civil right requirements.

Public Notification

Public Notification

Purpose– Inform applicants, participants, and potential

eligibles of :

Complaint Information

NondiscriminationStatement

Program Availability

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.

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.

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

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.

And Justice For All Poster

Pass out copy of poster

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.

Civil Rights Training

Frontline Staff

Local Agencies

State Agency

USDA

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

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.

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

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)

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.

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

Compliance Reviews

TDA conducts review

Civil Rights findings during the CRE require a corrective action plan that ensures compliance with this Instruction

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.

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

Forms

Pass out FNS 113-1 Sample Complaint Form

Pass out ARM Complaint Form

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?

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

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

Exercise

I need 6 volunteers

District/CRE Information

All discrimination

complaints written or verbal must be reported

to TDA F&N division

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

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

Post-test

Questions

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

“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.