Civil Rights Training

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Civil Rights Training

• Presented by the Texas Department of Agriculture

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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
  discrimination
• No longer titled
• Policy on Nondiscrimination
• Now called Civil Rights Compliance and
  EnforcementNutrition Programs Activities

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Purpose Statement

• Race, Color, National Origin, Age, Sex,
  Handicap 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

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Purpose 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

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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

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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

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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.

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USDA Policy continued

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

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Question?

• What are the 6 FNS nutritional assistance
  programs protected bases?

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Answer

• Age
• Color
• Disability

• National Origin
• Race
• Sex

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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

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Definitions

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

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Responsibilities

• 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.

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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

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LEP 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

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LEP School Districts

• Must make materials available in the appropriate
  language
• www.squaremeals.org
• www.fns.usda.gov/cnd

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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

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Districts Religious Organizations

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

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Public Notification
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Public Notification

• Purpose
• Inform applicants, participants, and potential
  eligibles of

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Public 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.

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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 [phone] (TTY). USDA is an
  equal opportunity provider and employer.

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Nondiscrimination 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

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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.

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And Justice For All Poster

• Pass out copy of poster

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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.

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Civil Rights Training
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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

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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.

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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

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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 Latino
• 2. Race Mark one or more
• American Indian or Alaskan Native. Origins of
  North/South America (including Central America
  who maintain tribal affiliation)

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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.

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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

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Compliance Reviews

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

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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.

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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 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

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Forms

• Pass out FNS 113-1 Sample Complaint Form
• Pass out ARM Complaint Form

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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?

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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

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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

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District/CRE Information

• All discrimination complaints written or verbal
  must be reported to TDA FN division

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Procedures 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

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Procedures 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

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• Questions

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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

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• 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 [phone] (TTY). USDA is an
  equal opportunity provider and employer.