Introduction
The purpose of this brochure is to notify participants of Child Nutrition Programs of the requirements regarding civil rights and to provide guidance on the nondiscrimination in the administration of these programs.
This brochure outlines specific responsibilities, requirements, and the procedures for federally-assisted programs to ensure federal, state, and local compliance with the provision of Title VI of the Civil Rights Act of 1964, as amended, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973. Civil rights requirements in legislation and regulations that cover Child Nutrition Programs and FNS Instruction 113-1.
The main expectation in civil rights is treating everyone with dignity and respect and not 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.
When do Civil Rights Rules Apply
Civil Rights rules apply any time there is any federal financial assistance. Federal financial assistance is receiving anything of value from the federal government – not just cash. It can include commodities, training, equipment, and other goods and services.
Child Nutrition Programs Responsibilities
Sponsors who participate in the program must maintain on file the racial/ethnic makeup of the children applying for and participating in the program.
Sponsors are responsible for training any staff person who works with Child Nutrition Programs on all aspects of civil rights compliance annually.
Make sure people with disabilities are accommodated. Sites should be accessible to people with all types of disabilities (e.g. mobility, sight, hearing, other) or alternate means of service delivery should be advertised and provided.
Provide other language assistance to persons with Limited English Proficiency (LEP) who could not gain meaningful access to the program without other language assistance. Assistance must always be provided to all LEP households, but the level or type of assistance can vary based on circumstances.
Program Operations
Determine eligibility for free and reduced price applicants in a nondiscriminatory manner.
Communicate that any person who believes he or she has been discriminated against based on all the protected classes has a right to file a complaint within 180 days of the alleged discriminatory action.
Routinely analyze data to determine if any groups are disproportionately represented in adverse actions and if so, take further actions to determine if there is discrimination.
Maintain confidentiality. It is not appropriate to talk about who is receiving benefits and to make remarks about them. Never share information with others regardless of an expression of good intentions. Refer all requests for information to the appropriate persons.
Admission procedures should not impose requirements in excess of anything in regulations that would restrict enrollment by any group.
Retain training records of the people who received civil rights training for three years, plus the current year.
Public Notification
Include the USDA nondiscrimination statement on all materials that mention USDA funded programs and ensure that statement is also on websites that mention USDA funded programs.
Conduct outreach to insure that potentially eligible persons and house holds are aware of the program and have information on how to apply. Inform potentially eligible person, applicants, participants and grassroots organizations of programs.
Provide information in other languages concerning the availability and nutritional benefits of the child nutrition programs in areas where there are concentrations of people with LEP.
Reach as many potential participants as possible and pay attention to under represented groups.