Civil Rights

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					                             CIVIL RIGHTS
• 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 by acts of
  Congress



       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
1                                                       3/28/2011
                    CIVIL RIGHTS LAWS
• Title VI of the Civil Rights Act of 1964
  addresses – race, color, national origin

• Title IX of Education Amendments of 1972
  addresses – sex




       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
     CIVIL RIGHTS LAWS (con’t)
• Section 504 of Rehabilitation Act of 1973
  addresses – disability

• Age Discrimination Act of 1975 addresses –
  age




       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
                         DISCRIMINATION
• The act of distinguishing one person or group
  of persons from others

• Either distinguishing intentionally, by neglect,
  or by the effect of actions or lack of actions

• This act is based on the person’s protected
  bases
       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
       FNS INSTRUCTION 113-1
• Establishes and conveys policy

• Provides guidance and direction to USDA, FNS,
  state agencies, local system, and customers

• Ensures compliance


       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
  FNS INSTRUCTION 113-1 (con’t)
• Includes 4 appendices that provide guidance

• Appendix B concerns Nutrition Programs

• Discusses procedures; equal opportunity for
  religious organizations; establishes complaint
  handling procedures; and is a single reference
  for civil rights compliance and enforcement
       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
        CIVIL RIGHTS TRAINING
        It’s mandatory and must include:

• Collection and use of data

• Effective public notification systems

• Complaint procedures

       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
  CIVIL RIGHTS TRAINING (con’t)
• Compliance review techniques

• Resolution of noncompliance

• Requirements for reasonable accommodation
  of persons with disabilities


      Dr. John D. Barge, State School Superintendent
      “Making Education Work for All Georgians”
      www.gadoe.org
  CIVIL RIGHTS TRAINING (con’t)
• Requirements for language assistance

• Conflict resolution

• Customer service




       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
                  PROTECTED CLASSES
•   Race
•   Color
•   National Origin
•   Age
•   Disability
•   Sex


         Dr. John D. Barge, State School Superintendent
         “Making Education Work for All Georgians”
         www.gadoe.org
THE STATEMENT OF ASSURANCES
• Includes a statement of nondiscrimination

• Written on the Free and Reduced Application

• May include a clear statement that
  nondiscrimination laws, regulations, policies,
  instructions, and guidelines are enforced

       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
EFFECTIVE PUBLIC NOTIFICIATION
           SYSTEMS
• Announces program availability

• Contains complaint information

• Contains a Nondiscrimination Statement




       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
NONDISCRIMINATION STATEMENT
• Should be included on all information
  materials and sources provided by FNS, State
  agencies and local agencies

• It must be written on Web sites, menus,
  posters, nutrition information, parent or
  public letters, emails, official documents,
  photographs or graphics visible to the public
       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
NONDISCRIMINATION STATEMENT
           (con’t)
• Not required on cups, buttons, magnets,
  logos, or pens

• Websites should contain a link to this
  information

• If necessary, alternative formats should be
  provided to persons with disabilities
       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
        AUTHORIZED
NONDISCRIMINATION STATEMENT
     “In accordance with Federal law and U.S.
     Department of Agriculture policy, this
  institution is prohibited from discriminating
 on the basis of race, color, national origin, sex,
                 age, or disability.



      Dr. John D. Barge, State School Superintendent
      “Making Education Work for All Georgians”
      www.gadoe.org
        AUTHORIZED
NONDISCRIMINATION STATEMENT

  To file a complaint of discrimination write:

 USDA, Director, Office of Adjudication, 1400
  Independence Avenue, S. W., Washington,
              D.C. 20250-9410



     Dr. John D. Barge, State School Superintendent
     “Making Education Work for All Georgians”
     www.gadoe.org
AUTHORIZED DISCRIMINATION
    STATEMENT (con’t)
    or call toll free (866)632-9992 (Voice)

 Individuals who are hearing impaired 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.
    Dr. John D. Barge, State School Superintendent
    “Making Education Work for All Georgians”
    www.gadoe.org
AUTHORIZED DISCRIMINATION
    STATEMENT (con’t)

*If you require information about this
program, activity, or facility in a language
other than English, contact your AC
immediately.*



     Dr. John D. Barge, State School Superintendent
     “Making Education Work for All Georgians”
     www.gadoe.org
   “THIS INSTITUTION IS AN EQUAL
     OPPORTUNITY PROVIDER.”
• Minimum statement required by law

• Can be used when documents have limited
  space for complete statement

• Statement cannot be modified from
  “This Institution”

      Dr. John D. Barge, State School Superintendent
      “Making Education Work for All Georgians”
      www.gadoe.org
      “This institution is an equal
     opportunity provider.” (con’t)

• Cannot substitute complete statement when
  space is available

• The font should be greater than or equal to
  the font in the document


       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
“This institution is
     an equal
   opportunity
    provider.”
 Dr. John D. Barge, State School Superintendent
 “Making Education Work for All Georgians”
 www.gadoe.org
                 METHOD OF PUBLIC
                   NOTIFICATION
• The “And Justice for All” poster must be
  prominently displayed

• The poster informs potentially eligible
  persons, applicants, participants and
  grassroots organizations of programs or
  changes in programs

       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
                 METHOD OF PUBLIC
                   NOTIFICATION
• Persons with disabilities should be provided
  this information by alternative formats if
  necessary

• An equal opportunity message should be on
  photos or graphics used to provide program
  information

       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
         DATA COLLECTION AND
              REPORTING
• A method in which FNS programs are reaching
  potential eligible persons

• Necessary outreach can be identified through
  data collecting

• This information must contain race and ethnic
  category information of the populations in the
  service area
       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
         DATA COLLECTION AND
           REPORTING (con’t)
• Race and ethnic category information is
  requested on Free and Reduced Applications

• Category information may be obtained either
  by written request or by observation

• Information can be used for the purpose of
  verifying Federal civil rights law compliance
       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
         DATA COLLECTION AND
           REPORTING (con’t)
• A request for race and ethnic category
  information should be on the online Free and
  Reduced Applications

• Self-identification or self-reporting is the
  preferred method of obtaining the
  information

       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
         DATA COLLECTION AND
          REPORTING (con’t)

• Records must be retained for 5 years

• This information is restricted to authorized
  personnel only




       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
  THE COMPLAINT PROCEDURES
• Civil Rights Complaint forms can be used

• A complaint may be written or verbal

• It may be anonymous



       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
   THE COMPLAINT PROCEDURES
            (con’t)
• Information must contain name, address, and
  phone number

• Also, location and name of the person
  complaint is against

• Details of the incident

       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
  THE COMPLAINT PROCEDURES
           (con’t)
• All the above information will be sent to FNS
  Civil Rights Division or directly to an FNS
  Regional Office

• A sample of the Complaint form is included in
  the FNS Instruction 113-1, Appendix E



       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
  LIMITED ENGLISH PROFICIENCY
          www.LEP.gov
• Includes those whose English speaking,
  reading, writing or understanding is limited

• These individuals must have access to
  Federally funded programs

• Available funds depend on number of
  individuals, need, resources, and cost to the
  program
       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
     EQUAL OPPORTUNITY FOR
    RELIGIOUS ORGANIZATIONS
• Ensures a level playing field for faith-based
  and community-based organizations

• Creates new/more opportunities to serve
  more people in need

• Insures that USDA funding is available to
  groups, especially new potential partners
       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
    EQUAL OPPORTUNITY FOR
RELIGIOUS ORGANIZATIONS(con’t)
• Discrimination is prohibited on the bases of
  religion, religious belief, or religious character
  in the administration of Federal funds

• Allows organizations to carry-out its mission
  without contributing to worship, religious
  instruction or proselytizaiton

        Dr. John D. Barge, State School Superintendent
        “Making Education Work for All Georgians”
        www.gadoe.org
    EQUAL OPPORTUNITY FOR
RELIGIOUS ORGANIZATIONS(con’t)
• Religious art, icons, scriptures or other
  religious symbols are not required to be
  removed in order for these organizations to
  receive funds

• Organizations receiving Federal funds will not
  be discriminated against on the basis of
  religion or religious belief.
       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
     “And Justice for All” POSTER
• This must be prominently displayed at eye
  level to the customer for easy reading

• It must be at least 11” wide x 17” tall

• Smaller copies are not acceptable

• Must display the nondiscrimination statement
       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org
           THOUGHT PROVOKING
               QUESTIONS
1. Am I treating this person in the same manner I treat
   others?

2. Have I given this person the opportunity to clarify
   all relevant factors or inconsistencies?




        Dr. John D. Barge, State School Superintendent
        “Making Education Work for All Georgians”
        www.gadoe.org
          THOUGHT PROVOKING
            QUESTIONS (con’t)
3. Have I given this person exactly what
   information I need to in order to make an
   accurate determination on the application?

4 Have I provided this person with the
  information he or she needs to make
  necessary decisions?

       Dr. John D. Barge, State School Superintendent
       “Making Education Work for All Georgians”
       www.gadoe.org

				
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