Title: Civil Rights Training
1Civil Rights Training
- Presented by the Texas Department of Agriculture
2Pretest
3Title Change
- 113-1 All previous 113 series instructions are
merged into a single instruction - Clearer explanation of roles responsibilities
- Removes ambiguity regarding complaints of
discrimination - No longer titled
- Policy on Nondiscrimination
- Now called Civil Rights Compliance and
EnforcementNutrition Programs Activities
4Purpose 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
5Purpose Statement continued
- The purpose of this Instruction is to establish
and convey policy provide guidance direction
to the USDA FN 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
6Authority
- 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
7Authority
- 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
8USDA 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.
9USDA Policy continued
- Sexual orientation, marital or family status,
parental status, and genetic info are not
protected in FNS programs
10Question?
- What are the 6 FNS nutritional assistance
programs protected bases?
11Answer
12Applicability
- 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
13Definitions
- Multiple definitions were added or reworded to
provide a clearer understanding of their meaning
application
14Responsibilities
- USDAs office of Civil Rights
- Development, implementation, coordination,
enforcement of the depts 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.
15Limited 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
16LEP continuedPrimary 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
17LEP School Districts
- Must make materials available in the appropriate
language - www.squaremeals.org
- www.fns.usda.gov/cnd
18Equal 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
19Districts Religious Organizations
- Districts are encouraged to include them in the
public release and applicable civil right
requirements.
20Public Notification
21Public Notification
- Purpose
- Inform applicants, participants, and potential
eligibles of
22Public Notification continued
- Program Availability
- Texas requires the public announcement to be sent
to the media each school year - Complaint 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.
23Nondiscrimination 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.
24Nondiscrimination Statement
- Not required, but recommended on menus
- Nor 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
25USDA 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.
26And Justice For All Poster
27Assurance
- 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.
28Civil Rights Training
29Civil Rights Training continued
- 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
30Data 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.
31Data 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
32Race 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 Latino
- 2. Race Mark one or more
- American Indian or Alaskan Native. Origins of
North/South America (including Central America
who maintain tribal affiliation)
33Race 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.
34Race 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
35Compliance Reviews
- TDA conducts review
- Civil Rights findings during the CRE require a
corrective action plan that ensures compliance
with this Instruction
36Resolution 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.
37Complaints 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 FN
- Forms
- Complaint form in ARM
- District may develop their own
- Verbal Complaints
- The elements of the complaint should be written
up by the complainant or the person allegations
are made against
38Forms
- Pass out FNS 113-1 Sample Complaint Form
- Pass out ARM Complaint Form
39District/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?
40District/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
41District/CRE Information continued
- No separation based by race, color, sex,
handicap, age or national origin in - Eating periods
- Seating arrangements
- Serving lines
- Eating areas
42Exercise
43District/CRE Information
- All discrimination complaints written or verbal
must be reported to TDA FN division
44Procedures for Processing Civil Rights Complaints
- State Agency will
- Accept acknowledge the compliant
- Gather facts to support or refute complaints
allegation (s) - Ensure all relevant sources of info are
investigated - Review evaluate the facts
- Implement corrective action plan, if necessary
45Procedures for Processing Resolving Complaints
- All complaints alleging age discrimination must
be referred to the Federal Mediation
Conciliation Service within 5 working days after
receipt - All complaints alleging discrimination in general
must be processed within 90 days of receipt - Contact FNS Regional Office
46Post-test
47 48In 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
49- 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.