USDA Civil Rights and Child Nutrition Programs

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USDA Civil Rights and Child Nutrition Programs
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USDA Civil Rights

• Benefits of Child Nutrition Programs are made
  available to all eligible participants in a
  non-discriminatory manner.
• All sponsors must implement Civil Rights
  requirements

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Discrimination is

• Different treatment
• Makes distinction from others
• Either intentionally, by neglect or by the
  actions or lack of actions
• Based on the protected classes.

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Protected Classes

• Race
• Color
• National origin

• Age
• Sex
• Disability

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Recognizing a Civil Rights Complaint

• A Complaint of unequal treatment may be
  submitted
• Verbally
• In Writing
• Or it may be observed Observed

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Discrimination Occurs
The 4 Ds

• when an individual or group of
  individuals are
• Delayed benefits or services
• Denied benefits or services
• Treated Differently than others to their
  disadvantage
• Given Disparate Treatment

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Complaint Procedure Plan

• Sponsors are required to develop and implement a
  written procedure to handle any discrimination
  complaint that may be received.

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How Long Does Someone Have To File a Complaint?

• File a complaint within 180 days of the alleged
  discriminatory action.

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Where Do They Send The Complaint?

• Person making complaint may choose to
• Contact USDA directly or
• Contact ODE CNP directly, or
• Notify the sponsor of their complaint
• Sponsors must forward all discrimination
  complaints received regarding Child Nutrition to
  ODE within 3 working days

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CR Complaint Procedure

• CR Complaint Received by Sponsor
• CR Complaint Documented In CR Complaint Log
• Sponsor gives person making complaint a CR
  Complaint Form and/or Sponsor Completes CR
  Complaint Form with Complainant Make any
  reasonable accommodation for any disability (
  e.g. not able to read or write)
• If the CR Complaint Form is returned to Sponsor,
  Sponsor Forwards Complaint Form to ODE within 3
  Working Days

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Civil Rights Complaint Log

• Log must be dated and kept for 3 years current
  year, even if no complaints have been received

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CR Complaint Form

• CR Complaint Form readily available at all sites
• Sponsor must make every attempt to help
  complainant. Reasonable accommodation for
  complainant with disability
• If complainant returns CR Complaint Form to
  sponsor, it must be forwarded to ODE within 3
  working days of receipt by sponsor

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Nondiscrimination Statement Long version

• In accordance with Federal law and U.S.
  Department of Agriculture policy, this
  institution is prohibited from discrimination 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, DC
  20250-9410 or call, toll free [phone]
  (Voice). TDD users can contact USDA through
  local relay or the Federal Relay at (800)
  877-8339 (TDD) or [phone] (relay voice
  users). USDA is an equal opportunity provider
  and employer.

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Nondiscrimination Statement - Short version

• This institution is an
• equal opportunity provider

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The Non-discrimination Statement is Needed on
Public Information Materials Mentioning the CACFP

• Enrollment Forms
• Menus
• Employee Handbooks
• Newsletters
• Brochures

• Parent Handbooks
• Print or broadcast advertisements
• Flyers
• Websites

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And Justice For All

• Poster must be placed in a prominent area where
  participants and potential participants have
  ready access

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Racial and Ethnic Data Collection
It is optional for participants to provide
Sponsors with Racial and Ethnic
information. However, it is a requirement for
Sponsors to collect Racial and Ethnic Data
annually
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• Race and Ethnic Categories
• Data COLLECTION
• Two-Step Format - separate categories will be
  used when collecting and reporting Race and
  Ethnicity.
• Ethnicity will be collected first
• Racial designations second

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• Racial and Ethnic Data REPORTING
• Sponsor must collect and maintain data
  annually.
• ODE will check Racial and Ethnic data during
  Administrative Reviews
• Please do not send information to ODE, unless
  requested!

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Racial Ethnic Annual Data Collection Form
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Ethnic Categories

• Ethnicity
• Hispanic or Latino
• Not Hispanic or Latino

Select One
Step One
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Respondents can select one or more Racial
designations

• American Indian or Alaskan Native
• Asian
• Black or African American
• Native Hawaiian or Other Pacific Islander
• White
• Other
• Racial and Ethnic data may be collected on CIS or
  can be collected using a visual identification.

Step Two
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Summary Civil RightsMust Do List?

• Offer any Child Nutrition Program in a
  Non-Discriminatory Manner
• Train staff annually on Civil Rights and
  complete the training form.
• Develop fully implement sponsors CR Complaint
  Procedure
• Make available to all staff CR complaint forms,
  CR Log and CR complaint procedure

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Summary Civil RightsMust Do List?

• Prominently display the And Justice for All
  poster
• Non-discrimination statement must be on all
  printed materials available to the public which
  mention USDA and/or Child Nutrition Program meals
  and snacks
• Must offer meals to all participants