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Kids Cook is cooking in a 3 rd grade classroom today, there are three parent volunteers. One volunteer speaks only Spanish. The Nutrition Educator does not speak Spanish. The only person who can translate is the child. The educator has plenty of English speaking volunteers and does not assign the Spanish Speaking
Parent with any Kids Cook! volunteer tasks and tells the child to have the parent sit and watch. The parent volunteer is upset and leaves.
What is/are the issue(s)?
How would you handle this?
How could you have prevented this from happening?
Making Nondiscrimination a Reality
Kids Cook Program
Civil Rights Compliance
Purpose
Objectives
Laws and Regulations
Nondiscrimination Policy
USDA/Food and Nutrition Service (FNS)
Kids Cook Program
Confidentiality
Components Mandated by FNS
Administration
Annual Training Requirement
Notification Requirements
USDA Nondiscrimination Poster
Public Information/ Outreach
Compliance Monitoring Activity
Clinic Reviews
Outline continued
Data Collection
Racial and Ethnic Data
Civil Rights Complaint Procedure
Client Rights
Filing a Complaint
Complaint Handling
Complaint Forms
Written Complaints not on forms
Verbal Complaints
Preliminary Inquiry
Fair Hearing Procedures
Outline continued
Case Studies
Evaluation
Outline continued
Purpose
The purpose of this training is to provide information guarding against discrimination and to provide guidance in the fair administration of SNAP-Ed Funding
Objectives
Provide information to identify and prevent discrimination
Outline complaint handling process
Provide an understanding of public notification requirements including voter registration.
Give staff an opportunity to discuss case studies
Explain the importance of data collection on ethnicity and race
Address confidentiality of client information
Title VI of the Civil Rights Act of 1964
Title IX of the Education Amendments of
1972
Section 504 of the Rehabilitation Act of
1973
Laws and Regulations continued
Age Discrimination Act of 1967 & 1975
Americans with Disabilities Act of 1990
Civil Rights Restoration Act of 1987
USDA Food Nutrition Service Policy
The USDA, FNS and the Kids Cook! are committed to assuring that program delivery is made available to all eligible persons without discrimination based on:
race
color
national origin
age
sex
disability
The Kids Cook! Program complies with Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act, and all regulations issued thereunder. No individual will be:
Denied service, or other benefits provided under the program
Provided any service, or benefits in a different manner from that provided to others under the program
Subjected to segregation or separate treatment in any matter related to receipt of services under the program
Restricted in the enjoyment of any advantage or privileges enjoyed by others receiving services under the program
Treated differently from others in the determination of enrollment, admission, or eligibility for any services or other benefits under the program
Kids Cook! does not handle individual participant information. All staffing information is confidential is protected by federal regulations.
FNS mandates that Civil Rights training be conducted annually
Notification Requirements
USDA Nondiscrimination Poster
Classrooms when Kids cook! is in session
Kids Cook! office
Notification requirements continued
Information sheets/Outreach materials
brochures
publications
posters
All material must contain the 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”
Notification Requirements continued
Newspaper
Television
Radio Public Service Announcements
MUST contain the abbreviated nondiscrimination statement:
“Kids Cook!” is an Equal Opportunity
Provider”
Notification Requirements continued
Job Ads and Postings must also include the nondiscrimination policy statement:
“
The Kids Cook! is an Equal
Opportunity Employer”
Kids cook!is reviewed annually by HSD
FNS ME Reviews occurs every three years.
Services are available to all persons regardless of race, color, age, sex, disability or national origin.
Racial and ethnic data collection on applicants and participants whether certified or denied.
The “And Justice for All” poster is displayed in clear view of the public.
Clinic Reviews continued
Program information is provided to applicants, participants, grassroots and other community organizations and agencies utilizing targeted outreach efforts.
Outreach materials must include an acceptable nondiscrimination statement.
This nondiscrimination statement is included on all printed materials such as pamphlets, forms, or any other material distributed to the public discussing program benefits
Clinic Reviews continued
Newspaper, Radio and TV PSA’s must include the nondiscrimination statement
The local agency is aware of the procedure for filing and handling a Civil Rights complaint
Building is accessible for disabled clients and disabled parents/guardians of clients or acceptable alternative arrangements are made
The posting of clinic hours
Clinic Reviews continued
The incidence of discrimination complaints received during the past 12 months
Staff must be aware of procedures for obtaining translation services for applicants or participants
Clients are informed of their Rights and
Responsibilities
Racial and Ethnic Data
USDA mandates the Kids Cook! Program to collect and report racial and ethnic participation data annually and is collected through the EARS reporting
Client Rights
All clients have the right to file a complaint alleging discrimination based on race, color, national origin, sex, age or disability within
180 days of the alleged discriminatory action
Complaints may be submitted in writing or may be taken over the phone
Client Rights continued
Matters of alleged discrimination are very serious and may subject the State Agency to legal actions.
Therefore, it is CRITICAL that the
Complaints Handling Process be followed closely to assure compliance
Any complaint alleging discrimination on the basis of race, color, national origin, sex, age or disability must be immediately forwarded to the USDA Civil Right
Complaint Coordinator and to the State
Office
The “And Justice for All” includes an address for filing a complaint of discrimination
Filing a complaint continued
The client can report their complaint directly to USDA for investigation.
For clients wishing to file a discrimination complaint directly with USDA should be directed to the following address:
USDA, Director,
Office of Adjudication
1400 Independence Avenue SW
Washington, D.C. 20250-9410
Phone number is (866)632-9992 (voice) or
Federal Relay service at (800) 877-8339
Filing a complaint continued
Any complaint, written, by telephone or verbally in person, received in the school must be immediately forwarded to the Kids
Cook! Office at the following address:
Kids Cook! Program
Director, Mary Meyer
7900 Lorraine Ct. Ne Suite E
Albuquerque, NM 87113
(505) 821-5552 fax 505-821-5977
The person filing the complaint can remain anonymous if desired
Complaint Handling continued
The Kids Cook! staff person should encourage the person to allow the use of their name, when possible
A client’s complaint is
NOT required to be written out. If it is a verbal complaint. Kids
Cook! staff will complete the form with the information provided by the person submitting the complaint.
The complaint form should include:
Name, complete address and telephone number of the complainant or other means of contacting the complainant
The specific location and name of the entity delivering the service or benefit
Date the complaint is made including the date(s) during which the alleged discriminatory actions occurred, or if continuing, the duration of such actions
Complete details of the nature of the
Complaint Form continued incident or action that led the complainant to feel discrimination was a factor or an example of the method of administration which is alleged to have a discriminatory effect on the public or potential and actual participants
The basis on which the complainant feels discrimination exists (race, color, national origin, age, sex or disability)
The names, titles and business addresses of persons who may have knowledge of the discriminatory action
Complaint Form continued
A copy of the Civil Rights complaint must be kept in the Complaint File at the Kids cook! office.
The purpose of the inquiry is to collect and document information, analyze and to ensure that all laws and regulations have been properly implemented
All written and verbal complaints will be processed and handled within 90 days upon receipt
Opportunity for a fair hearing shall be granted when a request for a hearing is made within 60 calendar days after adverse action is taken by the Kids cook! Program. The fair hearing process is not the forum for investigating or resolving civil rights complaints
A request for a hearing may be made either orally or in writing to the state HSD office