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					     Civil Rights Training



Presented by the Texas Department of
              Agriculture
              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
 Enforcement—Nutrition Programs &
 Activities‖
          Purpose Statement

 Race, Color, National    ―Enforcement of the
  Origin, Age, Sex, &       prohibition against
  Handicap were             discrimination in all
  removed from the          FNS nutrition
  purpose statement.        programs and
 It is now an all          activities, whether
  encompassing phrase       Federally funded in
                            whole or not‖
 Purpose Statement continued…

―The purpose of this Instruction is to
  establish and convey policy & provide
  guidance & direction to the USDA F&N
  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‖
                    Authority

 Title VI of the Civil       7 CFR Part 15,
  Rights Act of 1964           Subpart A and
   – Prohibits                 Subpart C
     discrimination based
     on race, color, and
     national origin
   – In programs receiving
     federal funding
   – & implementing
     USDA regulation
                       Authority
 Americans with               Civil Rights Restoration
  Disabilities Act              Act of 1987
 Title IX of the Education    Food Stamp Act of 1977,
  Amendments of 1972            amended
   – Sex
                               Enforcement of Civil
 Section 504 of the            Rights of 1964, national
  Rehabilitation Act of         origin discrimination
  1973                          against persons w/ limited
   – Disability                 English proficiency
 Age Discrimination Act       USDA Dept Reg 4330-2
  of 1975                      USDA Reg 7 CFR Part
 PRWORA and DOJ                16, Equal Opp for
  Memorandum, 1999              Religious Organizations
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.
USDA Policy continued…



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

     What are the 6
      FNS nutritional
      assistance
      programs
      protected
      bases?
              Answer

Age             National
Color            Origin
Disability      Race
                 Sex
             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
               Definitions

 Multiple definitions were added or reworded to
 provide a clearer understanding of their meaning
                   & application
                 Responsibilities

 USDA’s office of Civil          Regional Administrators
  Rights                            – Direction, leadership, &
   – Development,                     resources to ensure
     implementation,                  implementation of regional
     coordination, &                  civil rights compliance
     enforcement of the dept’s        pgrm
     civil rights                 Regional Civil Rights
 FNS Administrator                Directors
   – Implementing civil rights      – Technical & operational
     pgrm that ensures                asst, direction & leadership
     nondiscrimination                in implementing civil
     compliance in all FNS            rights. Also facilitate
     pgrms & activities               complaints.
 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
         LEP continued…
    Primary 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
LEP & School Districts

            Must make materials
             available in the
             appropriate language

              – www.squaremeals.org
              – www.fns.usda.gov/cnd
      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
Districts & Religious Organizations

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

 Purpose
   – Inform applicants, participants, and potential
     eligibles of :


          Program                           Complaint
         Availability                       Information




                        Nondiscrimination
                           Statement
 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.
   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 (202) 720-
  6382 (TTY). USDA is an equal opportunity
  provider and employer.
  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
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.
And Justice For All Poster

   Pass out copy of poster
                 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.
Civil Rights Training
Civil Rights Training continued…

 To be done     Topics:
                   – Collection & use of data
    annually       – Effective public
                     notification systems
                   – Complaint procedures
                   – Compliance review
                     techniques
                   – Resolution of
                     noncompliance
                   – Requirements for
                     reasonable
                     accommodations of
                     persons w/ disabilities
                   – Conflict resolution
                   – Customer service
  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.
  Data Collecting & Reporting
         continued…
 Systems must ensure          Submitted as
  data is:                      requested to FNS
  – Collected & retained        Regional or
    by the service delivery     Headquarters Offices
    point for each pgrm
  – Based on document
    records & maintained
    for three years
  – Access restricted to
    authorized personnel
 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)
    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.
    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
Compliance Reviews

          TDA conducts
           review
          Civil Rights findings
           during the CRE
           require a corrective
           action plan that
           ensures compliance
           with this Instruction
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.
  Complaints of Discrimination

 Right To File                Forms
   – Any person alleging        – Complaint form in
     discrimination has the       ARM
     right to file a            – District may develop
     complaint within 180         their own
     days of the alleged
     action                    Verbal Complaints
                                – The elements of the
 Acceptance                      complaint should be
   – In Texas, written or         written up by the
     verbal forward to            complainant or the
     TDA F&N                      person allegations are
                                  made against
                Forms



Pass out FNS 113-1 Sample Complaint
 Form

Pass out ARM Complaint Form
    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?
      District/CRE Information
             continued…
 Public Release                 Admission procedures do
   – Letter to parents,           not restrict enrollment by
     application form, income
     guidelines
                                  minority persons
   – Copy on file                Incorrectly denied F/R
 Foreign language                applications are not
  translations are available      disproportionately
 USDA poster displayed in        composed of minority
  prominent place                 applications
 Correct nondiscrimination      Disabled students are
  stmt on pgrm materials          provided pgrm benefits
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
District/CRE Information

                  All
               discrimination
                 complaints
              written or verbal
              must be reported
               to TDA F&N
                  division
  Procedures for Processing Civil
        Rights Complaints

State Agency will
  – Accept & acknowledge the compliant
  – Gather facts to support or refute complaint’s
    allegation (s)
  – Ensure all relevant sources of info are
    investigated
  – Review & evaluate the facts
  – Implement corrective action plan, if necessary
   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
Questions
             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
 ―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.