Civil Rights

Civil Rights Training and ComplianceYour Responsibility in the School Nutrition Programs

Rev. Spring 20151Virginia Department of Education, School Nutrition Programs1What Are Civil Rights?Civil rights are the nonpolitical rights of a citizen; the rights of personal liberty guaranteed to U.S. citizens by the 13th and 14th Amendments to the U.S. Constitution and Acts of Congress

Civil rights refer to the fair and equitable treatment of all customers and employeesRev. Spring 20152Virginia Department of Education, School Nutrition ProgramsCivil rights are the protections and privileges of personal power given to all citizens by law. Civil rights are things such as the right to privacy, the right to peaceful protest, the right to a fair investigation and trial if suspected of a crime; also such things as constitutional rights like the right to vote, the right to personal freedom, the right to freedom of movement, and the right of equal protection. The civil rights movement emerged when the laws were inadequate to address equality of all people2Civil Rights LawsTitle VI Civil Rights Act of 1964Race, color, national origin

Title IX of the Education Amendments of 1972Sex

Section 504 of the Rehabilitation Act of 1973Disability

Americans with Disabilities ActDisability

Rev. Spring 20153Virginia Department of Education, School Nutrition ProgramsThese are some of the laws pertaining to Civil Rights.

Title VI is the model for several subsequent statutes that prohibit discrimination on other grounds in federally assisted programs or activities, and extend protections to other classes of people. Note they include prohibitions against discriminating against people who apply for federal programs, as well as those who participate in them.

Title IX is part of the education amendments from the 1970s you may be most familiar with this as it pertains to sports and athletics.

Section 504 is the law that protects federal assistance program participants from discrimination on the basis of disability. In 1991 this law was extended to cover everyone the Americans with Disabilities Act whether they receive federal assistance or not. The ADA prohibits discrimination on the basis of disability in employment, public transportation, public accommodations, and telecommunication services.

Americans with Disabilities Act. The ADA prohibits discrimination on the basis of disability in employment, public transportation, public accommodations, and telecommunication services.3Civil Rights Laws Cont.Age Discrimination Act of 1975Age

Civil Rights Restoration Act of 1987Race, color & national origin

Program statutes and regulationsRace, color, national origin, sex, age, and disability

Rev. Spring 20154Virginia Department of Education, School Nutrition ProgramsOther Civil Right Laws include: (Read slide)

These are the laws that in effect created the concept of protected class which is defined as any person or group of people who have characteristics for which discrimination is prohibited based on a law, regulation, or executive order. Protected classes include race, color, national origin, age, sex, and disability.4Civil Rights RequirementsFNS 113-1The USDA requires that all staff who work with program applicants or participants receive annual Civil Rights training

Federal legislation establishes regulations and requirements for recipients of federal funds to prohibit discrimination and ensure equal access to all programs and activities of the recipientshttp://www.fns.usda.gov/sites/default/files/113-1.pdf Rev. Spring 20155Virginia Department of Education, School Nutrition ProgramsCivil Rights laws for federal assistance programs are fragmented, so the USDA Food and Nutrition Service (FNS) developed the 113-1 Civil Rights instruction, which defines terms and authorities and expands on how each requirement applies to each program.

113-1 is an overall instruction for all FNS programs, with separate appendices for different program applications (so if you are looking something up you have to look in the main part of the instructions as well as the appendix).5Civil Rights TrainingTraining is required so that people involved in all levels of administration of programs that receive federal financial assistance understand civil rights laws, regulations, procedures and directives

State agencies are responsible for training local school nutrition administrators on an annual basis

School divisions are responsible for training, on an annual basis, their school nutrition staff who interact with applicants or participantsRev. Spring 20156Virginia Department of Education, School Nutrition ProgramsUSDA mandates Civil Rights training be conducted annually for all school nutrition staff in schools and the central office who will be in contact with persons who may participate in the school nutrition program. This would include those involved with distribution, review, and approval of eligibility, as well as those who plan, prepare, serve, and count meals. 6Purpose of Civil Rights TrainingTo inform, educate, and support all staff who interact with School Nutrition Program (SNP) applicants and participants

To inform SNP staff of their responsibilities and the rights of program participants

Educate SNP staff on the general USDA Civil Rights requirements

Support SNP staff by providing resources and informationRev. Spring 20157Virginia Department of Education, School Nutrition ProgramsRead slide7Goals of Civil RightsEliminate barriers to program benefits

Provide equal treatment to all

Explain rights and responsibilities

Show respect and dignity to allRev. Spring 20158Virginia Department of Education, School Nutrition ProgramsRead the slide8CIVIL RIGHTS CONCEPTSStereotyping

Prejudice

Discrimination

Rev. Spring 20159Virginia Department of Education, School Nutrition ProgramsStereotyping is the preconceived or oversimplified generalization involving beliefs about a particular group. These can be either positive or negative generalization.

Prejudice is a set of rigid and unfavorable attitudes toward a particular group that is formed without considering facts. Prejudice is a learned concept; we may have learned attitudes about an entire group based on our interaction with one person

Discrimination is acting on these beliefs; the practice of treating persons differently because we have grouped them in our minds according to our prejudice.

Instructor Note: It may be good to include an example for each concept and show how these concepts could ultimately result in a Civil Rights violation.Possible Example: Stereotype I believe men are stupidPrejudice I dont like men because they are stupidDiscrimination I wont hire a man because I believe they are stupid9Federal Law Prohibits DiscriminationOn the Basis of Any Protected Class

Rev. Spring 201510Virginia Department of Education, School Nutrition ProgramsRead slide10What is a Protected Class?A protected class refers to any person or group of people who have a characteristic for which discrimination is prohibited by law

Protected classes in the SNP include:RaceColorNational originAgeSexDisabilityRev. Spring 201511Virginia Department of Education, School Nutrition ProgramsInstructor Note: Different Federal programs have different identified protected classes. The protected classes noted on the slide pertain to the school nutrition programs. 11What is Discrimination?Definition:Treating people differently through prejudice;unfair treatment of one person or group, usually because of prejudice about race, ethnicity, age, religion, or genderRev. Spring 201512Virginia Department of Education, School Nutrition ProgramsRead the slide12Civil Rights Requirements for SNP1. Provide public notification2. Collect and report racial & ethnic data3. Assure Equal Access to the program4. Provide reasonable accommodation:Limited English proficiencyDisabilities5. Handle civil rights complaints in accordance with prescribed procedures6. Conduct annual civil rights training

Rev. Spring 201513Virginia Department of Education, School Nutrition ProgramsSponsors of the NSLP have six general requirements in the area of civil rights compliance.

(Read the slide)

Today we will be reviewing each area of compliance in detail so that you understand the responsibility of your department in regard to civil rights requirements. 13 1. Provide Public Notification

Rev. Spring 201514Virginia Department of Education, School Nutrition ProgramsThe first area of discussion pertains to providing public notification of the NSLP/SBP.14Public NotificationPurpose:To inform potentially eligible persons, applicants, participants and grassroots organizations of the availability of the SNPTo reach as many applicants, participants, and potentially eligible persons as possibleTo conduct outreach to unserved or underserved populations using appropriate translation materialsTo ensure program accessRev. Spring 201515Virginia Department of Education, School Nutrition ProgramsRead slide.

Discuss the importance of educating the community about the availability of the NSLP/SBP.

Discuss with the group possible outreach opportunities.

15And Justice for All PosterAll agencies participating in the School Nutrition Programs must display the USDA non-discrimination poster in a prominent area where participants and potential participants have access to it

11 x 17 sized poster is preferred

Rev. Spring 201516Virginia Department of Education, School Nutrition ProgramsRead Slide.

The And Justice for All poster must be displayed in an area of the cafeteria that is visible to all program recipients.

The poster may be obtained through DOE-SNP or it can be downloaded at the USDA website.

16Non-Discrimination StatementThe USDA required non-discrimination statement must be included on all forms of communication and program materials for the SNP

This includes all material for public information, education, or distribution that mentions USDA programsRev. Spring 201517Virginia Department of Education, School Nutrition ProgramsRead slide17Required Non-Discrimination StatementThe U.S. Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the basis 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 all or part of an individuals 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 program.intake@usda.gov.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 (Spanish).USDA is an equal opportunity provider and employer.Rev. Spring 201518Virginia Department of Education, School Nutrition ProgramsThe complete official USDA non-discrimination statement printed below, including all four paragraphs, must be printed in its entirety on all household applications, letters to parents, eligibility notifications, verification notifications, and other eligibility documents and communications about the USDA school nutrition programs. The complete statement may be printed in a font smaller then the font used in the rest of the document for space considerations.

The non-discrimination statement is updated regularly. The statement shown on the slide is valid for the 2015-2016 school year.

(Instructor Note: If you are presenting these materials after June 30, 2016, refer to the VDOE Web site and/or the SNPWeb software, Online Forms, for the updated statement and revise this presentation to reflect the most recent changes.)

Please be sure to revise the non-discrimination statement on all relevant forms and letters from your department. The statement should also be displayed on Web sites and any other means of electronic communication.18Required Non-Discrimination StatementIf the material or document is too small to permit the full statement the material must, at a minimum, include the following:

This institution is an equal opportunity provider. and employerRev. Spring 201519Virginia Department of Education, School Nutrition ProgramsEvery effort should be made to include the full non-discrimination statement on all SNP materials. The font size for the full statement may be reduced to accommodate the space available on the document.

If it is not possible to include the full statement, this alternate abbreviated statement may be used, however, the font for this statement cannot be smaller than the smallest font used in the document.

19Examples of Materials that Require the Non-Discrimination StatementPrint AdvertisementsFlyersBrochuresPostersAgency PublicationsParent/Student HandbookEmployee HandbookNewslettersSchool Web sitesLettersBroadcast/Public Service AnnouncementInternetRadioTVEnrollment FormsMenus Rev. Spring 201520Virginia Department of Education, School Nutrition ProgramsAll material that is distributed externally to the public must include the non-discrimination statement. Here are some examples of the types of printed material must contain the USDA non-discrimination statement.

(Read slide and discuss the material that may be generated as part of the school nutrition program at the school and central office that must include the non-discrimination statement.)20Other Things to ConsiderProvide appropriate information in alternate forms in appropriate translations as needed and in appropriate formats for persons with disabilities

To convey the message of equal opportunity program material should reflect diversity and inclusion in all program-related information, photos, and graphics

Rev. Spring 201521Virginia Department of Education, School Nutrition ProgramsVDOE provides the prototype meal application and notification letters to school divisions in both English and Spanish. If other languages are needed, refer to the USDA FNS Web site for more than 30 different language translations. You may also have access to support services in your school division that may help with providing additional formats for these materials.212. Collect and Report Racial & Ethnic DataCollect ethnicity data first, then race dataEthnicity categoriesHispanic or LatinoNon-Hispanic or LatinoRace CategoriesAmerican Indian or Alaskan NativeAsianBlack or African AmericanNative Hawaiian or Other Pacific IslanderWhite

Rev. Spring 201522Virginia Department of Education, School Nutrition ProgramsThis data is either collected on the application for free or reduced price meals or is taken from the students record in the school division student database.22Why Do School Divisions Have to Collect Racial and Ethnic Data?The data is used to determine how effectively your program is reaching potentially eligible children and where outreach may be needed.

Rev. Spring 201523Virginia Department of Education, School Nutrition ProgramsThe data is reported annually as part of the verification process to measure compliance with non-discrimination provisions in the eligibility process.

A report of the racial and ethnic categories must be created each October and kept on file in the division and be made available for review.233. Equal Access to the ProgramAll students must be allowed equal opportunities to participate in the school nutrition programs regardless of race, color, national origin, sex, age, disability

All participants must be treated in the same mannerRev. Spring 2015

24Virginia Department of Education, School Nutrition Programs(Read slide and discuss examples of equal access in the cafeteria, such as the following

Each person receives the same menu items in the same amounts.Each person is included in meals, snacks, activities, and discussions.Each person receives equally positive comments, as well as constructive education regarding meal time, nutrition, manners, etc.Standards of behavior are not based on membership in a protected class.

244. Provide Reasonable Accommodation:SNP must provide reasonable accommodation for persons with disabilities

SNP must provide reasonable language and literacy assistance when neededRev. Spring 2015

25Virginia Department of Education, School Nutrition ProgramsThe school nutrition programs must accommodate, meaning provide alternatives, modifications, or flexibility, persons with disabilities and those who need assistance with language, reading, etc so they may fully participate in the program without discrimination or exclusion.

(Ask for examples of things that may have been done in the school nutrition program to provide reasonable accommodations.)25Reasonable Accommodation for Persons with DisabilitiesWhat is a disability:

Definition: physical or mental impairment which substantially limits one or more of an individuals major life activities, has a record of such an impairment, or is regarded as having such an impairmentDisabilities are defined based on Section 504 of the Rehabilitation Act/Americans with Disabilities Act and Part B of the Individuals with Disabilities Education Act (IDEA)

Rev. Spring 201526Virginia Department of Education, School Nutrition Programs(Read Slide and discuss examples of a disability)

Examples: Orthopedic/visual/speech/hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, specific learning disabilities, tuberculosis, diabetes, phenylketonuria, heart condition, food anaphylaxis, mental retardation, emotional illness, drug addiction/alcoholism, HIV, autism, traumatic brain injury

School Nutrition example peanut allergy that leads to anaphylactic shock (a sudden, severe, and potentially fatal allergic reaction in somebody sensitive to a substance, marked by a drop in blood pressure, difficulty in breathing, itching, and swelling)26

What Is The Schools Responsibility to Children with Disabilities?Provide facilities for participants with disabilities

Provide appropriate information in alternative formats for persons with disabilities

Provide food substitutions for students with disabilities when documented in writing by a licensed physicianRev. Spring 201527Virginia Department of Education, School Nutrition ProgramsRead slide27Providing Menu Item SubstitutionsUSDA regulations require substitutions or modifications in school meals for children whose disabilities restrict their diets based on a licensed physicians assessment

Disabilities and appropriate substitutions must be documented by a physicians statement

USDA has special rules that apply to milk substitutions (refer to Superintendents Memorandum # 267-09)Rev. Spring 201528Virginia Department of Education, School Nutrition Programs(Read slide.)

Ask the group for examples of menu substitutions they have been required to provide.28Language AccommodationsAll SNP receiving federal funds must take reasonable steps to ensure meaningful access to their programs for persons with Limited English Proficiency (LEP)

Rev. Spring 201529Virginia Department of Education, School Nutrition ProgramsRead slide29Recognizing a Civil Rights Complaint

A complaint of unequal treatment can be:

Verbal In Writing ObservedRev. Spring 201530Virginia Department of Education, School Nutrition Programs305. Handle Civil Rights Complaints In Accordance With Prescribed ProceduresWhat to do if a complaint is made:Notify the School Nutrition Director immediatelyProvide forms for written complaint Take detailed notes of verbal complaintsHave a central location where copies of Civil Rights complaints will be documented and keptThe School Division must notify the State Agency All verbal or written complaints must be forwarded by the SA to the Civil Rights Division of the USDA Food and Nutrition Service within three days of receiptRev. Spring 201531Virginia Department of Education, School Nutrition ProgramsIt is extremely important for everyone in an organization to know what to do if a civil rights complaint is alleged. Your division should have civil rights complaint procedures. Check with the person responsible for receiving civil rights complaints to see how they are handled in your division. Work with that person to adapt procedures for school nutrition programs including the complaint form.

The school division must notify the state agency, which in turn will notify USDA.

31Information neededComplainants:NameAddressTelephone number

Location where the alleged discrimination occurred

Nature of the incident

Basis for the claim (race, age, disability, etc.)

Names of witnesses

Date when the alleged discrimination occurredRev. Spring 201532Virginia Department of Education, School Nutrition ProgramsWhen a civil rights complaint is received it is essential that all necessary information is obtained. A form could be made available to all school personnel that would provide them with a list of the information needed when a civil rights allegation is made. Again check with your division to see if they have a complaint form and make sure the managers have the form.

Read the slide and review the needed information32

Rev. Spring 201533Virginia Department of Education, School Nutrition Programs33The above chart details the Civil Rights Complaint Procedures including timelines. It is recommended that one person be the go to person and that individual should know these details. All other staff do not need to know all of the above details, they should just know to report any issues to that go to person immediately.6. Conduct Annual Civil Rights TrainingTopics should include:

Purpose of the trainingFederal laws that prohibit discrimination based on protected classesRequirement for public notificationNon-discrimination statementCustomer serviceMeal serviceConfidentiality Language assistanceReasonable accommodations for persons with a disabilityMenu substitutionsConflict resolutionHandling Civil Rights Complaints.

Rev. Spring 2015

34Virginia Department of Education, School Nutrition ProgramsThe topics that should be covered are included on this slide.34

CIVIL RIGHTS CUSTOMER SERVICE GUIDELINESGOLDEN RULETreat others as you want to be treated

Rev. Spring 201535Virginia Department of Education, School Nutrition ProgramsIn addition to the six areas of civil rights compliance that must be reviewed with school nutrition staff each year, consider also how the customer service aspect of your operation can impact civil rights. Part of civil rights involves customer service and making sure that all participates in the SNP are treated in a fair and equitable manner.

The golden rule of treating others as you would want to be treated is one major way of warding off any possible allegations of a civil rights violation.35Customer ServiceAll students must be allowed equal opportunities to participate in the School Nutrition Programs regardless of race, color, national origin, sex, age, or disability.

All participants must be treated in the same manner (i.e., seating arrangements, serving lines, services and facilities, assignment of eating periods, methods of selection for application approval and verification processes)Rev. Spring 201536Virginia Department of Education, School Nutrition ProgramsThese equal access requirements for protected classes are not just right because of the civil rights laws, they are right because it is what customers expect. And customers, treated well and fairly will be repeat customers.36MEAL SERVICEAll persons must:

Be included in meal and snack service, activities and discussions

Receive equally positive comments as well as constructive education regarding meal time, nutrition, manners, etc.

Children must not be required to use a separate dining room, separate serving line, or separate serving time based on eligibility for free/reduced meals, sex, national origin, race/color, etc.

All students within the same grade grouping must be offered the same selection of menu items in the same amounts regardless of their eligibility, sex, national origin, race/color, etc.

Rev. Spring 201537Virginia Department of Education, School Nutrition ProgramsWhen you read these requirements of the civil rights laws that apply to meal service, what are you thinking? Are you thinking, we would never do that, or why would anybody treat students differently from each other or prevent certain students from participating in some programs, while others are allowed to participate? If you are having those thoughts, it may be because you are a good practitioner of the Golden Rule.

Examples of good customer service that may also prevent discrimination and civil rights complaints:Students of about the same age are given the same time to eat.Students whose first language is Spanish are not required to sit at a Spanish-speaking table for meals.Boys are not seated at separate tables from girls (this is implied segregation and questionable, unless done for disciplinary or legitimate reasons).Boys and girls in the same grade are offered the same food in the same amounts.Leftovers at the end of the lunch periods are offered to everyone.Certain items are saved for all students not just specific students.37DENIAL OF MEALSUSDA policy prohibits the denial of meals as a disciplinary action against any student who is enrolled in a school that participates in the USDA Nutrition Programs including:

Disciplinary actions that directly result in the loss or denial of meals

Requiring a child to work for his/her mealsRev. Spring 201538Virginia Department of Education, School Nutrition ProgramsUSDA specifically requires that no student may be denied a meal for disciplinary action. Nor may they be required to work for his/her meal.

Things to consider:If students attending school are being disciplined, for example: they are sent to a special classroom during the school day for in-school suspension, or they are required to give up their free time at lunch or eat in the office, etc, they may not be prevented from participating in the school nutrition programs as part of the discipline. It would be allowable to change the time these disciplined students may come to the cafeteria or change the location where they eat their meal, but not to deny them access to a meal, regardless of the students eligibility status. 38Circumstances Where MealsMay Be Denied:Disciplinary actions that indirectly result in loss of meals (i.e., student is suspended from school)

Schools are not required to serve children who receive reduced or full price meals but do not have the money to payRev. Spring 201539Virginia Department of Education, School Nutrition ProgramsIt is recommended that schools establish policies to handle such situations and inform parents/students of limitations of the policy in advance, such as in the student code of conduct or student handbook.

All school divisions must have a policy for how to handle meals for students who do not have money, this is usually called a charge policy. This policy must also be developed in advance and communicated to students and parents before it is enacted. Each school must implement the policy in the same manner as outlined for the school division, unless the SNP director has authorized individual school polices which have also been communicated in advance to students and parents.

Points to remember when considering how to develop and implement a charge policy: Are all students being treated equally and according to the written policy? Has the policy been communicated to all? The Golden Rule39 FOOD FOR THOUGHTMinimize the risk of a civil rights discrimination complaint.

Ask yourself the following questions each time a student and/or parent comes to your cafeteria:

Am I treating this person in a fair, kind, customer-friendly manner, as I also treat others?

And,

How would I want to be treated?Rev. Spring 201540Virginia Department of Education, School Nutrition ProgramsRead slide40