USDA Civil Rights and
Child Nutrition Programs

#1- What is Civil Rights?
• Civil Rights Regulations are intended to ensure that benefits of Child Nutrition Programs are made available to all eligible people in a nondiscriminatory manner.
• All sponsors receiving federal dollars must implement Civil Rights requirements to be eligible for the program.

#2- What is Discrimination?
• Discrimination is defined as different treatment which makes a distinction of one person or a group of persons from others; either intentionally, by neglect or by the actions or lack of actions based on the protected classes.

Protected Classes
• Race
• Color
• National Origin
• Age
• Sex
• Disability

#3- How Do You Recognize a Civil
Rights Complaint?
• A Complaint of unequal treatment can be:
– Verbal
– In Writing
– Observed

Civil Rights Complaint
• A potential Civil Rights Complaint may start with a phone call, email, fax or any form of communication where someone feels they, or someone they know, has received unequal treatment in any area of the operation of a
Child Nutrition Program.
– Program Administration
– Food Service
– Employment

THE FOUR D’s
• Discrimination is when an individual or a group of individuals are:
– Delayed receiving benefits or services that others receive
– Denied benefits or services that others receive
– Treated Differently than others to their disadvantage
– Given Disparate treatment- something that does not seem discriminatory, but has a discriminatory impact in practice (evidence that other, similarly-situated individuals not in the protected class received systematically better treatment)

#4- What do you do if you receive a
Civil Rights Complaint?
• Develop a Procedure Plan
– Sponsors are required to develop and implement a procedure to handle any discrimination complaint that may be received (it is suggested the procedure be written).
• How Long Do They Have to File?
– Within 180 days of the alleged discriminatory action
• Where Do They Send the Complaint?
– Directly to USDA, or the Sponsor. The Sponsor must forward all discrimination complaints to the OCN within three working days.

Complaint Procedure

#5- And Justice For All Poster?
• “And Justice For All” poster must be placed in a prominent area where participants and potential participants have ready access.

#6- When do I use the
Nondiscrimination Statement?
• Long Version
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program information
(e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint
Form , (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html
, and at any
USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
(1)
(2)
(3) mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; fax: (202) 690-7442; or email: program.intake@usda.gov
.

Where is the Non-Discrimination
Statement Needed?
• Enrollment Forms
• Menus
• Employee Handbooks
• Newsletters
• Brochures
• Parent/Student Handbooks
• Print or broadcast advertisements
• Flyers
• Websites
• THAT MENTION CHILD NUTRITION PROGRAMS!

Non-discrimination Statement-
Short Version
• Sponsors can use the short version on documents mentioning USDA or the Child
Nutrition Program if the document is onepage (front and back) or less in length.
• “This institution is an equal opportunity provider.”

#7- Who needs to have
Civil Rights Information?

#8- What does the OCN look for at a Review?
• Common Review Findings
– Staff do not recognize a civil rights complaints when asked and/or are not able to verbalize the civil rights complaint procedure to reviewer
– “And Justice For All” poster is not visible where parents and the general public can see and read it
– Non-discrimination statement is missing from public documents that mention or imply USDA and Child Nutrition Programs

#9- Are there any Resources for us to use?
• USDA Child Nutrition Civil Rights Webpage
– http://www.fns.usda.gov/civil-rights
• OCN Child Nutrition Website
OCN Child Nutrition Civil Rights
• OCN Civil Rights Coordinator
– Bekki Leigh, 304-558-2708
• bleigh@k12.wv.us

#10- What is a Summary of what a
Sponsor must do for Civil Rights?
• Offer any Child Nutrition Program in a Non-
Discriminatory Manner
• Train staff annually on Civil Rights and complete the training form
• Have a procedure for receiving and processing complaints
• Prominently display the “And Justice For All” poster
• Place non-discrimination statement on all printed materials available to the public which mention USDA and/or Child Nutrition Program meals and snacks
• Offer meals to all students in the school

Questions?
Bekki Leigh bleigh@k12.wv.us
304-558-2708