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.
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