School Nutrition Programs Compliance Handbook
CHAPTER 3-CIVIL RIGHTS
USDA/FNS Instruction 113-1 and federal regulations [7 CFR Part 210.9 (b) (11) – (12), 7 CFR Part 210.23 (b), and 7 CFR Part 220.7 (e) (15)] delineates the civil rights requirements for participants in U.S. Department of Agriculture (USDA) Child Nutrition Programs. The USDA prohibits discrimination in all its programs and activities based on the following protected classes: race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, or political beliefs. To participate in USDA Child Nutrition Programs, School Food Authorities (SFA) are required to be compliant with the civil rights requirements contained in this chapter, as required by USDA FNS Instruction 113-1, and relevant federal regulations.
PUBLIC INFORMATION RESPONSIBILITIES
The School Food Authority (SFA) or other program recipient agency shall, within available resources:
1) take positive and specific actions to implement a public notification system which encourages participation and informs all potential participants, particularly minorities, of the availability and benefits of the program;
2) advises participants of the provision of nondiscrimination; and
3) sets forth the procedures or filing a complaint.
To implement the SFA’s public information responsibility, each SFA or other program recipient shall:
1. Ensure that all forms of communication and printed program information which are disseminated, especially the free and reduced-price notification letters, application forms, and public releases, include the nondiscrimination statement contained in table 1.
Table 1: USDA Approved Nondiscrimination Statement |
In accordance with federal civil rights law and USDA civil rights regulations and policies, the USDA, its agencies, offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. 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 state or local agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint 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:
This institution is an equal opportunity provider. |
2. Inform parents or guardians of students in of the schools’ participation in USDA child nutrition programs [National School Lunch Program (NSLP), the School Breakfast Program (SBP), the Afterschool Snack Program, and the Special Milk Program (SMP)], as well as the general population, potentially eligible populations, local minority, and grassroots organizations, of the availability of program benefits and services, the nondiscrimination policy, and all significant changes in existing requirements that pertain to program eligibility and benefits. SFA must submit a public release to the local media unless the SFA is a non-pricing program that does not take household applications [for example a Residential Childcare Institution (RCCI) without day students would not have to complete a public release]. OKDHS School Nutrition Programs has a prototype public release compliant with federal requirements. To request a copy email AFS.School.Nutrition.Programs@okdhs.org. Be sure to only modify the prototype public release to include information specific to the SFA.
Note: The income eligibility guidelines in the public release prototype changes annually prior to the beginning of the school year. Each year a new prototype is provided, contact OKDHS School Nutrition Programs for most recent prototype. |
SFAs can communicate using methods such as, but not limited to, Internet, newspaper articles, radio and television announcements, letters, leaflets, brochures, computer-based applications, and bulletins. SFAs should provide appropriate information, including Web-based information, in alternative formats for people with disabilities and convey the message of equal opportunity in all photographic and other graphics used to provide program or program-related information. SFAs must submit information of equal opportunity (public release) to the local media and grassroots organizations. Documentation is required to be kept of the submission of this submission. SFAs must make the public release available upon request.
SFAs needing assistance to communicate program information with Limited English Proficient (LEP) persons, and, or to provide translated forms, contact OKDHS School Nutrition Programs for assistance at:
OKDHS School Nutrition Programs |
3. Display in meal service areas the “And Justice for All” nondiscrimination poster developed by USDA. The posters must be posted so the program participants can read them. The “And Justice for All’ poster released by USDA. School Food Authorities (SFA) cannot make modifications to posters. Contact OKDHS School Nutrition Programs to request copies of the “And Justice for All” nondiscrimination poster.
If you need copies of the “And Justice for All” posters, please contact OKDHS School Nutrition Programs at:
OKDHS School Nutrition Programs |
4. Program requirements and written procedures for handling civil rights complaints to the following:
· Program participants (to include the households)
· Potential program participants
· The public
5. English and/or in the appropriate translation to non-English-speaking persons. Ensure
that any person alleging discrimination based on race, color, national origin, sex, disability, age, marital status, family/parental status, income derived from public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity understands that he/she has a right to file a complaint. All School and Residential Child Care Institutions (RCCI) are required [by USDA FNS Instruction 113-1 and the USDA FNS Administrative Review Manual] have written procedures on file for filing a civil rights complaint.
DATA COLLECTION AND ANNUAL DOCUMENTATION
The Department of Justice Regulations, 28 CFR 42 and USDA FNS Instruction 113-1, requires School Food Authorities (SFA) to collect and report data on the actual number of children applying for free and reduced priced meals. Also, SFA’s must gather data on ethnicity and race for children participating in USDA Child Nutrition Programs [National School Lunch Program (NSLP), School Breakfast Program (SBP), and Afterschool Snack Program]. SFAs are required [by USDA FNS Instruction 113-1] to use a two-question format to gather this data. One question is to gather data on each child’s ethnicity and the other question is to gather data on each child’s race. Table 2 contains the USDA approved responses to the two-question format [as defined by USDA FNS Instruction 113-1].
Table 2: USDA Approved Responses for Gathering Data on Children’s Ethnicity and Race [as defined by USDA FNS Instruction 113-1] |
|
Ethnicity |
· Hispanic or Latino: o A person of Cuban, Mexican. Puerto Rican, South or Central American, or other Spanish culture or origins regardless of race. · Not-Hispanic or Latino |
Race |
· American Indian or Alaska Native o A person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment. · Asian o A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, for example Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. · Black or African American o A person having origins in any of the black racial groups of Africa. · Native Hawaiian or Other Pacific Islander o A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. · White o A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. |
The School Food Authority (SFA) shall:
1. USDA FNS Instruction 113-1 requires data for the ethnicity and race for each program participant to be gathered using a two-step question format. One question gathering data on ethnicity and one question gathering data on race. SFAs must develop a method for collecting data for the ethnicity and race of each program participant. SFAs must also maintain the number of students that have been approved and denied for free and reduced-price by racial/ethnic categories, each year.
The method used to collect data for the ethnicity and race for program participants may include observation by a SFA official, the use of data currently collected by the SFA, voluntary self-identification on the application form, or an estimate by the SFA administrator or other SFA official based on their knowledge of the ethnic breakdown of the children being served by the SFA.
On the household applications, households have the option to designate race and ethnicity. During data collection, SFAs must determine the ethnicity of each child first and then determine the race of each child. Note: race and ethnicity are two different categories (see table 2).
SFA personnel should use household applications, direct certification letters, or other records to identify the classification of each child receiving free meals or reduced-priced meals. If households have not identified ethnicity or race, the SFA may use visual observation to classify children. At no time should the SFA change the ethnicity or race designated on the child’s application by a parent or guardian.
6. Establish procedures to ensure that the information is made available only to authorized state and federal personnel during reviews or as a part of federal – or state-approved surveys. To maintain compliance with civil rights each year, schools will complete the Civil Rights Worksheet (email AFS.school.nutrition.programs@okdhs.org to request and electronic copy of this form).
7. Maintain information on file for three years after the last reimbursement claim has been received for the school year, and for additional periods when audits are pending.
CIVIL RIGHTS WORKSHEET
All School Food Authorities (SFA) are required to complete the Civil Rights Worksheet (for a copy of this worksheet email a request to AFS.school.nutrition.programs@okdhs.org) annually as a self-review. When the school reviewer determines that the school is out of compliance, it must take steps to correct noncompliance. Additionally, the Civil Rights Worksheet should also be used to record ethnic and racial data for the children participating in USDA programs. SFAs must complete this report annually and keep on file. Complete the worksheet during the first 30 days after applications have been approved for benefits. The civil rights worksheet does not need to be submitted to OKDHS School Nutrition Programs (SNP), unless a request for the worksheet from OKDHS SNP is received.
The civil rights worksheet for the school year must be retained for three years after the last reimbursement claim is received for the school year (July 1st through June 30th).
PROCEDURE FOR HANDLING CIVIL RIGHTS COMPLAINTS
To comply with federal requirements, School Food Authorities (SFA) must adopt a written procedure for handling civil rights complaints for the School Nutrition Programs. OKDHS School Nutrition Programs (SNP) has a prototype written procedure for handling civil right complaints, for a copy of this prototype email a request to AFS.school.nutrition.programs@okdhs.org. This written procedure is specific to the USDA Child Nutrition Programs. Grievance and other complaint procedures cannot supersede the procedures for School Nutrition Programs. SFAs should not alter the language in the prototype except to add SFA information. OKDHS SNP must approve of any other changes.
HANDLING A CIVIL RIGHTS COMPLAINT
School Food Authorities (SFA) must adopt procedures for handling civil rights complaints. Civil rights complaints for the school nutrition programs cannot be handled through other civil rights complaints or grievance procedures. Table 3.1 contains the guidelines for filing a civil rights complaint for school nutrition programs.
Table 3.1: Guidelines for Filing Civil Rights Complaints for School Nutrition Programs |
Listed below are the guidelines for filing a civil rights complaint. 1. All written or verbal complaints alleging discrimination based on race, color, national origin, sex, age, or disability shall be processed within 180 days from the date of the alleged discrimination. 2. USDA Office of the Assistant Secretary for Civil Rights and the Food Nutrition Services Regional Office of Civil Rights (OCR) have been delegated the authority to determine whether or not complaints will be reviewed and, if so, the manner in which they are to be reviewed. Depending on where the complaint was initially filed, it must be forwarded to the appropriate OCR (FNS Headquarters, Regional, or State) for a determination on how the complaint will be handled. The appropriate OCR will prepare and issue letters of acknowledgment to the complainants. 3. A preliminary inquiry or an investigation will be conducted on all valid complaints to substantiate or refute the allegations. |
Examples of Discrimination
Discrimination is prohibited in all aspects of the delivery of school nutrition programs’ benefits and services. Some specific examples of discrimination and noncompliance with the civil rights laws are in table 3.2.
Table 3.2: Examples of Discrimination and Noncompliance with Civil Rights Laws |
1. Exclusion of children from participating in the School Nutrition programs based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation from prior civil rights activity. 2. The disparate distribution of benefits and services to participants in the program. 3. Differential treatment based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation from prior civil rights activity in determining whether he or she satisfies any admission policies, enrollment, quota, membership, or any other requirement. |
Procedure for Filing Complaints of Discrimination
Table 3.3 contains the procedure for filing complaints of discrimination.
Table 3.3: Procedure for Filing Complaints of Discrimination |
1. Right to File: Any person or representative alleging discrimination based on a prohibited basis has the right to file a complaint within 180 days of the alleged discriminatory action. Only the Secretary of Agriculture may extend this time under special circumstances. The complainant must be advised of confidentiality. Privacy Act applications. The complainant and the entity that the complaint is filed against will be encouraged to resolve the issue at the lowest possible level and as expeditiously as possible. 2. Acceptance: All complaints, written or verbal, shall be accepted by the SFA, State Agency (OKDHS), or Food and Nutrition Service Regional Office (FNSRO), forwarded to the appropriate regional FNSRO, and then forwarded at once to the Office of the Assistant Secretary for Civil Rights. It is necessary that the information be sufficient to determine the identity of the agency or individual toward which the complaint is directed and to indicate the possibility of a violation. Anonymous complaints shall be handled the same as any other complaint, to the extent feasible, based on available information. 3. Verbal Complaints: In the event a complainant makes the allegations verbally or in person and refuses or is not inclined to place such allegations in writing, the person to whom the allegations are made must write up the elements of the complaint for the complainant. Every effort should be made to have the reporter of the complainant provide the information contained in table 3.4. |
Table 3.4 contains the information to gather for verbal complaints.
Table 3.4: Information to Gather for Verbal Complaints |
1. Name, address, and telephone number, or other means of contacting the complainant. 2. The specific location and name of the entity, or local agency delivering the program service or benefit. 3. The nature of the incident(s) or action(s) that led the complainant to feel discrimination was a factor. 4. The basis on which the complaint feels discrimination exists [race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity]. 5. The names, titles, telephone numbers, and addresses of persons who may have knowledge of the alleged discriminatory action(s). 6. The date(s) during which the alleged discriminatory action occurred, or if continuing, the duration of such actions. |
To file a complaint, SFAs should have the USDA Civil Rights Complaint Form filled out to document the civil rights complaint (the form is available at https://www.usda.gov/sites/default/files/documents/Complain_combined_6_8_12_508.pdf).
LIMITED ENGLISH PROFICIENCY
State agencies (such as OKDHS School Nutrition Programs), local agencies, or other subrecipients that fail to provide Limited English Proficiency (LEP) services to potentially eligible persons, applicants, and participants, or deny such individuals’ access to federally assisted programs and activities, may be discriminating based on national origin. Title VI and its regulations require State agencies, local agencies, or other subrecipients to take reasonable steps to assure “meaningful” access to the information and services they provide. What constitutes reasonable steps to assure meaningful access will be contingent on several factors. Table 4 contains factors for reasonable steps to assure meaningful access.
Table 4: Factors for Reasonable Steps to Assure Meaningful Access |
1. The number or proportion of Limited English Proficient (LEP) people served or encountered in the eligible population The greater the number or proportion of LEP persons, the more likely language services are needed. Ordinarily, persons “eligible to be served or likely to be directly affected, by” a recipient’s program or activities are those who are served or encountered in the eligible service population. This population will be program-specific and includes people who are in the geographic area that has been approved by a federal grant agency as the recipient’s service area. Where no service area has been approved, the relevant service area may be that which is approved by State or local authorities or designated by the recipient itself, provided that these designations do not themselves discriminatorily exclude certain populations. o Recipients should first examine their prior experience with LEP encounters and determine the breadth and scope of language services that were needed. In conducting this analysis, it is important to include language minority populations that are eligible for Food and Nutrition (FNS) programs (child nutrition programs) or activities but may be underserved because of existing language barriers. Other data should be consulted to refine or validate a recipient’s prior experience, including the latest census data for the area served, data from school systems and from community organizations, and data from State and local governments. Community agencies, school systems, religious organizations, legal aid entities, and others can often assist in identifying populations for whom outreach is needed and who would benefit from the recipients’ programs and activities where language services are provided. 2. The frequency with which LEP individuals come in contact with the program. The more frequent contact with a particular language group, the more likely that enhanced language services in that language are needed. The steps that are reasonable for a School Food Authority (SFA) that serves a LEP person on a one-time basis will be very different than those expected from a recipient that serves LEP people daily. It is also advisable to consider the frequency of different types of language contacts. For example, frequent contacts with Spanish-speaking people who are LEP may require certain assistance in Spanish. Less frequent contact with different language groups may suggest a different and less intensified solution. If an LEP individual accesses a program or service on a daily basis, the SFA has greater duties than if the same individual’s program or activity contact is unpredictable or infrequent. But even SFAs that serve LEP people on an unpredictable or infrequent basis should use this balancing analysis to determine what to do if an LEP individual seeks services under the program (SFA’s school food services program) in question. This plan may be as simple as being prepared to use one of the commercially available telephonic interpretations services to obtain immediate interpreter services. In applying this standard, recipients (SFAs) should take care to consider whether appropriate outreach to LEP people could increase the frequency of contact with LEP language groups. 3. The nature and Importance of the program, activity, or service provided by the SFA. The obligations to provide medical services to an ill or injured person, and to provide nutrition assistance to individuals or groups of persons differ, for example, from those to provide bicycle safety courses or recreational programming. A SFA needs to determine whether denial or delay of access to services or information could have serious implications for the LEP individual. Decisions by a Federal, State, or local entity to make an activity compulsory, such as particular educational programs in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) or the communication of eligibility requirements, can serve as strong evidence of the program’s importance. 4. The resources available to the School Food Authority (SFA) and Costs Smaller SFAs with more limited budgets are not expected to provide the same level of language services as larger SFAs with larger budgets. In addition, “reasonable steps” may cease to be reasonable where the costs imposed substantially exceed the benefits. Technological advances may reduce resource and cost issues; the sharing of language assistance materials and services among and between recipients, advocacy groups, state, and federal grant agencies; and reasonable business practices. Where appropriate, training bilingual staff to act as interpreters and translators, information sharing through industry groups, telephonic and video conferencing interpretation services, pooling resources and standardizing documents to reduce translation needs, using qualified translators and interpreters to ensure that documents need not be “fixed” later and that inaccurate interpretations do not cause delay or other costs, centralizing interpreter and translator services to achieve economies of scale, or the formalized use of qualified community volunteers, for example, may help reduce costs. |
School Food Authorities (SFA) should carefully explore the most cost-effective means of delivering competent and accurate language services before limiting services due to resource concerns. Larger entities (SFAs) and those entities (SFAs) serving a significant number or proportion of LEP people should ensure that their resource limitations are well-substantiated before using limited resources as a reason to limit language assistance. Such recipients (SFAs) may find it useful to be able to articulate, through documentation or in some other reasonable manner, their process for determining that language services would be limited based on resources or costs. SFAs experiencing difficulties with providing translation services to LEP people should contact OKDHS School Nutrition Programs.
SFAs must take steps to ensure that all benefit information remains confidential. Certified interpreters, school staff, and volunteers must understand they cannot share any data provided by the household used to make an eligibility determination, as well as the benefit status of households.
OKDHS School Nutrition Programs does not recommend the use of family members, children, relatives, or friends to serve as an interpreter. When certified interpreters or translators are available at the SFA level or at the affiliated organizational level, the site should access those services. Family members and friends may not be qualified to serve as interpreters because members and friends are not familiar with technical terms. Family and friends may also breach confidentiality. Also, households may be unwilling to provide critical information to family members and friends. SFAs should use family members and friends as a last resort.
SFAs having difficulties with obtaining interpretation services, please contact OKDHS School Nutrition Programs at:
OKDHS School Nutrition Programs |
OKDHS School Nutrition Programs can look at options for accessing interpretation servings including accessing services.
ACCOMADATING CHILDREN WITH DISABILITIES
The Rehabilitation Act of 1973 prohibits discrimination against qualified persons with disabilities in the programs or activities of any agency of the federal government's executive branch or any organization receiving federal financial assistance.
Section 504 of the Rehabilitation Act of 1973 specifically mandates that: "no otherwise qualified individual with a disability in the United States…, shall, solely by reason of his or her disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." School Food Authorities (SFA) can find this mandate in federal regulations [7 CFR Part 15b and 7 CFR Part 210.23 (b)], USDA’s nondiscrimination regulations.
Individuals with Disabilities Education Act, which requires that a free and appropriate public education be provided for children with disabilities, who are aged 3 through 21, and the Americans with Disabilities Act, a comprehensive law which broadens and extends civil rights protections for Americans with disabilities.
Title II of the Americans with Disabilities Act (ADA), enacted in 1990, requires equal availability and accessibility in State and local government programs and services, including services provided by public schools. Discrimination based on disability by private entities offering public accommodations are prohibited under Title III of the ADA. This includes private schools.
The U.S. Department of Agriculture's (USDA) nondiscrimination regulations [7 CFR Part 15b and 7 CFR Part 210.23 (b)], as well as the regulations governing the National School Lunch Program (NSLP) and School Breakfast Program (SBP), make it clear that substitutions to the regular meals must be made for children who are unable to eat school meals because of their condition rising to the level of a disability.
According to the ADA, most physical and mental impairments will constitute a disability. This includes conditions that impair immune, digestive, neurological, and bowel functions, as well as many others. General health concerns, such as a parent’s preference that a child eat a gluten-free diet because the parent believes it is healthier for the child, are not disabilities and do not require a modification. All disability considerations must be viewed on a case-by-case basis. Accommodations should be made within the meal patterns whenever possible.
School Food Authorities (SFA) must require a written statement to receive reimbursement for accommodations changing the meal patterns for children with conditions that are considered disabilities. This written medical statement must be from a State licensed healthcare professional (authorized to write prescriptions in the state of Oklahoma) in support of a request for a modification of the meal patterns for children with conditions rising to the level of disabilities [as required by federal regulations 7 CFR Part 210.10 (m) and 7 CFR Part 220.8 (m)]. Effective July 1, 2025, SFAs “…must also accept a medical statement signed by a registered dietitian…” licensed in the state of Oklahoma [as required by federal regulations 7 CFR Part 210.10 (m) (1) (i) and 7 CFR Part 220.8 (m)] making accommodations changing the meal patterns for children with conditions rising to the level of disabilities.
In most cases, children with disabilities can be accommodated with little extra expense or involvement. A statement from a State licensed health care professional (authorized to write prescriptions in the state of Oklahoma) or registered dietitian (licensed in the state of Oklahoma) is required [by federal regulations 7 CFR Part 210.10 (m) and 7 CFR Part 220.8 (m)]. The requirements for these statements making accommodations to the meal patterns contents are covered in table 5.
Table 5: Requirements for Statements Altering the Meal Patterns |
The following are the requirements for the statements making accommodations to the meal patterns: · A statement that the child is disabled. The statement does not need to list a specific disability, only that the child has a condition rising to the level of a disability. · The reason the disability prevents the child from eating meals that are compliant with the meal patterns. · The specific required substitution(s) must be documented in the statement. Often, the substitutions can be made relatively easily. There are situations, however, which may require additional equipment or specific technical training and expertise. When such instances occur, it is important that school food services managers and parents/guardians be involved at the outset in preparations for the child’s entrance into the school. |
Title III of the ADA extends requirements for public accommodations to privately owned facilities. All private schools participating in the federally funded child nutrition programs must make accommodations to enable children with disabilities to receive school meals.
Although religious organizations are exempt from the public accommodations requirements of Title III, church-operated schools which receive Federal funding assistance under the child nutrition programs continue to be subject to the non-discrimination requirements of Section 504.
For additional guidance for accommodating children with disabilities refer to the Accommodating Children with Disabilities in the School Meal Programs: Guidance for School Food Services Professionals, July 25, 2017. SFAs can find additional information regarding the requirements for substituting meals in chapter 2 “Meal Planning and Production” of this handbook.
Beginning July 1, 2025, the final rule (child nutrition programs: meal patterns consistent with the 2020 – 2025 Dietary Guidelines for Americans) published on April 25, 2024, authorizes registered dietitians to submit medical statements for disability meal modifications [per federal regulation 7 CFR Part 210.10 (m) (1) (i)]. The final rule does not require the registered dietitian to have a state license. |
CIVIL RIGHTS TRAINING
Training is required for all levels of administration of programs that receive federal financial assistance to understand civil rights related laws, regulations, procedures, and directives. State agencies (such as OKDHS School Nutrition Programs) are responsible for training School Food Authorities (SFA). SFAs are responsible for training their staff members with duties in the school food services program at each of the SFA’s sites. Table 6.1 contains the staff members subject to annual civil rights training.
Table 6.1: Annual Civil Rights Training |
The following are required to complete annual civil rights training: · Front line staff – Cooks, food servers, etc. · Staff responsible for the point of service meal counts · Staff involved with the household application process · Staff involved with the verification process · Staff involved with the appeal process (eligibility determination) · Staff involved with providing translation service to the school food services program · Staff involved with communicating the SFA’s unpaid meal charge policy · Staff involved with collection unpaid meal charges |
Civil Rights training must be provided on an annual basis. Specific subject matter must include but not be limited to the topics in table 6.2.
Table 6.2: Annual Civil Rights Training Topics |
· Collection and use of data on program participants ethnicity and race · Effective public notification systems · Civil rights complaints procedures · Compliance resolution techniques · Resolution of noncompliance · Requirements for reasonable accommodations for people with disabilities · Requirements for language assistance · Conflict resolution · Customer service |
OKDHS School Nutrition Programs has a PowerPoint covering all the required topics that can be used by SFAs to conduct their annual training requirements for their staff members with duties within the school food services program. Email AFS.School.Nutrition.Programs@okdhs.org to request the PowerPoint.
EQUAL OPPORTUNITY FOR RELIGIOUS ORGANIZATIONS
Federal regulation [7 CFR Part 16] eliminates unwarranted barriers to the participation of faith-based organizations in USDA programs. Organizations are eligible to participate in USDA programs without regard to their religious character or affiliation, and cannot be
excluded from competition for direct USDA assistance simply because they were religious affiliations. Religious organizations are eligible to compete for USDA assistance on the same basis, and under the same eligibility requirements, as all other non-profit organizations. USDA, as well as State and local governments administering USDA programs, cannot discriminate against organizations based on religion, religious belief, or religious character in the administration or distribution of USDA assistance, including grants and commodities.
Organizations receiving USDA funding must restrict the use of direct USDA assistance for inherently religious activities, such as worship, religious instruction, or proselytization. If the organization engages in such activities, it is required to offer them separately, in time or location, from the programs or services supported by direct USDA assistance, and participation would have to be voluntary for the beneficiaries of such programs or services. This requirement does not mean that an organization that receives direct USDA assistance cannot engage in inherently religious activities. It means that an organization cannot pay for these activities with direct USDA assistance or require program beneficiaries to participate in such activities as a condition of receiving services. Restrictions on inherently religious activities does not apply where indirect USDA assistance was provided to religious organizations as a result of a genuine and independent private choice of a beneficiary (e.g., under a program that gave a beneficiary a voucher, coupon, certificate, or another funding mechanism from USDA designed to give that beneficiary a choice among providers) or through other indirect means, provided the religious organizations otherwise satisfied the secular requirements of the program.
Regulation [7 CFR Part 16] also states that a religious organization that participates in USDA programs can retain its independence and can continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it did not use direct USDA assistance to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, a faith-based organization can use space in its facilities to provide services supported with direct USDA assistance without removing religious art, icons, scriptures, or other religious symbols. In addition, a religious organization can retain religious terms in its organization’s name, select its board members and otherwise govern itself on a religious basis, and include religious references in its organization’s mission statements and other governing documents.
An organization that receives direct USDA assistance is not allowed, in providing program assistance supported by such assistance, to discriminate against a program beneficiary or prospective program beneficiary based on religion or religious belief.
School Food Authorities (SFA) may use USDA funds for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under the specific USDA program involved. Where a structure is used for both eligible and inherently religious activities, USDA funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities.
CUSTOMER SERVICE
To comply with civil rights policies, school staff must provide customer service in a manner that does not discriminate against any of the protected classes. Table 7 contains recommendations for conducting “Customer Service”.
Table 7: Recommendations for Conducting Customer Service |
· Treat all participants in the same manner · Each student receives the same menu items in the same amounts- regardless of age or sex or other protected class · Each student is allowed to participate in meals, snacks, and activities. · Meals are altered or restricted as a form of punishment · Each student receives positive comments, as well as constructive education regarding mealtimes, nutrition, manners, etc. · Staff treat everyone with respect and dignity · Staff provides timely services · Approaching difficult/tense situations with self‐regulation · Staff avoids casual comments involving race, color, national origin, sex (including gender identity and sexual orientation), age or disability |
Civil Rights Resources
Table 8.1 contains civil rights resources available through OKDHS School Nutrition Programs. To request the resources email a request to AFS.School.Nutrition.Programs@okdhs.org.
Table 8.1: Civil Rights Resources Available from OKDHS School Nutrition Programs |
· OKDHS School Nutrition Programs’ PowerPoint “Civil Rights in School Nutrition Programs. · Civil Rights worksheet · Prototype written procedure for handling civil rights complaints · “And Justice for All” posters |
Table 8.2 contains links to civil rights resources available online.
Table 8.2: Civil Rights Resources Available Online |
|
USDA Program Discrimination Form (AD-3027) |
USDA FNS “Accommodating Children in the School Meals Program” guidance · https://fns-prod.azureedge.us/sites/default/files/cn/SP40-2017a1.pdf |
USDA Civil Rights Division |
USDA Civil Rights Division’s Limited English Proficiency (LEP) Webpage · https://www.fns.usda.gov/cr/limited-english-proficiency-lep |
USDA’s Office of the Assistant Secretary for Civil Rights · https://www.usda.gov/oascr/home
|
USDA’s Page for Civil Rights Laws, Regulations, Executive Orders, and Other Related Guidance |
