Civil Rights Compliance and Enforcement Child Nutrition Programs Oklahoma State Department of...

Civil RightsCivil RightsCompliance and EnforcementCompliance and Enforcement

Child Nutrition ProgramsOklahoma State Department of Education

Debbie Hamilton

Director of Training

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AuthorityAuthority

Title VI, Civil Rights Act of 1964 – Race, Color, National Origin.

Americans with Disabilities.

Education Act of 1972 – Sex Discrimination.

Rehabilitation Act of 1973, Section 504 – Disability.

Civil Rights Restoration Act of 1984 – Clarified scope of laws to all recipients of federal funds

Age – 1975.

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United States Department of United States Department of Agriculture (USDA) and Foods Agriculture (USDA) and Foods Nutrition Services (FNS) Nutrition Services (FNS) prohibits prohibits discriminationdiscrimination based on: based on:

Race

Color

National Origin

Age

Sex

Disability

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DefinitionsDefinitionsDiscrimination – Different treatment that

makes distinction of one person/group from others

Applicant – A person who applies for participation in an FNS program.

Assurance – A contractual agreement to administer services and benefits.

Civil Rights – Nonpolitical rights of a citizen under 13th and 14th Amendments.

Complainant – Person or group alleging discrimination.

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DefinitionsDefinitions

Corrective Action Plan – Plan taken to resolve noncompliance.

Limited English Proficiency (LEP) Persons – Persons who do not speak English as their primary language.

Office of Civil Rights (OCR) – Units with authority to assure equal opportunity and nondiscrimination of all persons.

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Limited English Limited English Proficiency (LEP)Proficiency (LEP)Proportion of persons

served/encountered.◦Greater number of LEP persons.◦Prior experience.

Frequency of LEP to the program.

Nature or importance of program.

Resources available to recipient and costs.

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Regulation – July 2004Regulation – July 2004

Eliminate barriers to participation of Faith-Based Organizations (FBO) and Community-Based Organizations (CBO).

Ensure level playing field.

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Elements of Public Elements of Public NotificationNotification

Availability of program.

Complaint information.

Nondiscrimination statement.

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Requirements of PostingRequirements of Posting

Posted in full.

On all materials.

Public information/education.

Public distribution.

Cannot be modified.

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NEWNEW Authorized Authorized StatementStatement

The United States Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases 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 individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by USDA. (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 USDA by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, DC 20250-9410, by fax 202-690-7442, or e-mail 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. 10

IfIf Material Too Material Too Small?Small?

Must appear:

“USDA is an equal opportunity provider and

employer.”

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Methods of Public Methods of Public NotificationNotification

Poster: “And Justice for All” except in Family Day Care Home (FDCH – Child Care) providers.

Inform of programs and/or changes.

Provide information in alternate formats for disabled.

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Methods of Public Methods of Public NotificationNotification

Provide nondiscrimination statement on all information to public.

Convey equal opportunity message on all graphics.

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Assurance of ComplianceAssurance of Compliance

Must be written and is binding.

Reported to State Agency (SA).

State Agency reports to Regional USDA office.

Violation allows for judicial enforcement

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Civil Rights TrainingCivil Rights Training

Required for compliance.

State Agency must train agency staff.

State Agency must train local agencies.

Local agencies train frontline staff.15

Training Training MustMust Include Include

Collection and reporting of data.

Systems of notification.

Complaint procedures.

Review techniques.

Resolution of noncompliance.

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Data Collection and Use of Data Collection and Use of DataData

Obtain from all applicants.

Always use dignity and respect.

Obtain data by ethnicity and race.

Document and maintain for three years.

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Schools

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CACFP

Data Collection – Cont’dData Collection – Cont’d

Participant not required to furnish.

Self identification preferred.

May not “second guess.”

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Data: Ethnicity and RaceData: Ethnicity and Race

Two-question format.

Ethnicity appears first on data collection.

Race: “Mark one or more” must be response option.

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Data: EthnicityData: Ethnicity

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Data: RaceData: Race

American Indian or Alaskan Native.

Asian.

Black or African American.

Native Hawaiian or other Pacific Islander.

White.

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Complaint ProceduresComplaint Procedures

Right to file within 180 days.

Acceptance of complaint.

Forms.

Verbal complaints.

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Civil Rights Complaint Civil Rights Complaint FormsForms

Schools – Pages C-22 - C-24, Compliance Manual.

CACFP Participants – Page 99-100, Training Manual.

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Required Data – Required Data – Verbal ComplaintsVerbal ComplaintsContact information.

Name and location of agency.

Nature of incident.

Basis of the discrimination.

Contact information of others with knowledge of incident.

Date(s) of alleged actions.26

Complaints: Processing Complaints: Processing GuidelinesGuidelinesProvide participants option to file

complaint.Accept and acknowledge complaints

filed.Inform complainant of action

planned.Request any additional information

for clarification.Refer age discrimination to USDA

Regional Office.27

State Agency:State Agency:Complaints: Complaints: Processing/ResolvingProcessing/ResolvingMaintain and operate a

complaint/grievance processing system.

Completed within 90 days of receipt.

Specialist determines: referral or investigation.◦Referral: Case is closed.◦Investigation: Further action required.

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State Agency:State Agency:Complaints: Complaints: Processing/ResolvingProcessing/ResolvingInvestigation requires:

◦Request more information and review.◦Conduct on-site investigation.

Prepare written report of investigation.◦Findings.◦Summary of interviews.◦Summary of case file examinations.

Explanation if no investigation conducted.

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State Agency:State Agency:Complaints: Complaints: Processing/ResolvingProcessing/ResolvingWritten report of investigation:

◦Findings in relation to specific allegations.

◦Summary of all interviews.◦Summary of case file examinations.

Decision letter to the complainant:◦All information and decisions.◦Appeal rights to the Secretary of

Agriculture.

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Review for ComplianceReview for Compliance

USDA

State Agency

Our Clients – YOU!

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Contents of ReviewContents of Review

Equal opportunity to participate.

Case records not coded by race or ethnic origin.

Proper display of USDA poster.

Statement on all materials.

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Content of Review – Content of Review – ContinuedContinued

Information made available to eligibles

Need for/services provided Limited English Proficient (LEP)

Collected data on file 3 years

Handling of special dietary needs participants

Procedures for handling complaints

Civil Rights training being provided33

Special Review Special Review CircumstancesCircumstances

Specific group not benefiting.

Reports of alleged noncompliance.

Patterns of complaints of discrimination.

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Noncompliance FindingsNoncompliance Findings

Result from routine review findings when Civil Rights requirements not being adhered to whether by Regional Office, State Agency or program participant.

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Achieving Compliance – Achieving Compliance – State State

Agency Agency

Written notice of areas of noncompliance and action required.

Negotiate to achieve compliance.

Submit findings to USDA Regional office within 60 days.

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Achieving Compliance – Achieving Compliance – Regional Regional

OfficeOfficeDetermine should further efforts

be pursued.

Has State Agency exhausted all voluntary compliance efforts?

Report findings to USDA Headquarters with appropriate documentation.

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Achieving Compliance – Achieving Compliance – FNS FNS

HeadquartersHeadquartersDetermination if further efforts should

be pursued.

If so, prepare response to Regional Office, State Agency and local recipients.

Include 30-day time limit to resolve in the notification.

Warning that matter may be subject to legal actions.

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Thirty Day Limit Thirty Day Limit Unattainable?Unattainable?

USDA Headquarters review efforts to secure voluntary compliance.

Issue orders to post notice of hearing.

Arrange for designation of law judge.

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Termination/Suspension Termination/Suspension of Assistanceof Assistance

After all administrative responsibilities have been met by FNS and USDA.

Required letter for termination of benefits sent to appropriate administrator.

Required notification when re-applying for benefits.

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Appendix B:Appendix B:Child Nutrition ProgramsChild Nutrition Programs

National School Lunch Program (NSLP)

School Breakfast Program (SBP)

Special Milk Program (SMP)

Summer Food Service Program (SFSP)

Child and Adult Care Food Program (CACFP)

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Civil Rights Agreements – Civil Rights Agreements – New ProgramsNew Programs

Schools: Pre-award Review/Technical Assistance Visit.

CACFP Programs: Approval Visit.

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Civil Rights Activities – Civil Rights Activities – SchoolSchool Requirements Requirements

Compile Civil Rights data.

Complete required report by Oct. 31.

Maintain records for 3 years.

Permit authorized CNP/USDA personnel ONLY to review records.

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Civil Rights Activities – Civil Rights Activities – SchoolSchool Requirements, Requirements, Cont’d.Cont’d.Allow State Agency to monitor the

agreement for compliance.

Allow State Agency to review and evaluate data during required monitoring process every three years.

If violated, FNS has right to seek judicial enforcement of assurance.

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Civil Rights Activities – Civil Rights Activities – CACFP CACFP (Child Care)(Child Care) ParticipantsParticipants

Compile Civil Rights data.

Maintain data at the institution for 3 years.

Restrict access to only authorized personnel.

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Civil Rights Reviews – Civil Rights Reviews – CACFP CACFP (Child Care) (Child Care) Participants Participants

State Agency conducts Civil Rights reviews.

As part of regular program review.

No less than every three years.

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QUESTIONS??QUESTIONS??

Debbie Hamilton, Dir. Of TrainingDebbie Hamilton, Dir. Of TrainingChild Nutrition ProgramsChild Nutrition ProgramsOklahoma Department of EducationOklahoma Department of Education405-521-3327405-521-3327Debbie_Hamilton@sde.ok.govgov

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