usda civil rights and school nutrition programs
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Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
USDA Civil Rights and School Nutrition
Programs
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
School Nutrition Program Civil Rights
Understanding Civil RightsAnd
Civil Rights TrainingIn
10 Easy Steps!
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
# 1
What is Civil Rights?
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
IntroductionCivil Rights regulations are intended to assure that benefits of School Nutrition Programs are made available to all eligible people in a non-discriminatory manner.
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Introduction
All programs receiving Federal funds must implement Civil Rights requirements to be eligible for funds.
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
# 2
What Is
Discrimination?
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
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.
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Protected Classes
• Race • Color • National origin
• Age• Sex • Disability
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
# 3How Do YouRecognize ACivil Rights Complaint?
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Recognizing a Civil Rights Complaint
• A Complaint of unequal treatment can be:–Verbal–In Writing–Observed
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Civil Rights Complaint
A potential Civil Rights complaint may start with a phone call, letter, email, fax or any form of communication
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Civil Rights ComplaintSomeone may feel they or someone they know, has received unequal treatment in the operation of a School Nutrition Program
-food service -program
administration-employment
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Discrimination is:
• Delayed receiving benefits or services that others receive
• Denied benefits or services that others receive
The 4
“D”s
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Discrimination is:
• Treated Differently than others to their disadvantage
• Given Disparate treatment, something which does not seem discriminatory, but has a discriminatory impact
The 4
“D”s
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
# 4What do you do if
you receive a Civil Rights complaint?
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Develop a Procedure Plan
Develop and implement a written procedure to handle any discrimination complaint that may be received.
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
How Long Do They Have To File a Complaint?
A person may file a complaint within 180 days of the alleged
discriminatory action.
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Where Do They Send The Complaint?
Complainants may directly contact • USDA • State Agency• FNS Civil Rights
Division
• FNS Regional Office or
• Local school system
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Complaint Procedure
A complaint can be investigated and resolved locally, but the complaint
must be reported to the State Agency immediately after it is received.
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Misunderstandings vs. Official Complaint
When a misunderstanding, not an official complaint, can be resolved at the local level, neither Federal or State notification is necessary.
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
How to Handle a Complaint
A complaint form is included in the FNS Instruction 113-1, Appendix E. Any local forms must include all FNS
Instructions 113-1 information.
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Civil Rights Complaint Procedure
• Receipt of the complaint• Complaint is documented• Procedures are implemented• The State Agency is notified • Complaint is documentation
and maintained on file.
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Civil Rights Complaint Form
• Forms are available at all sites• Assist with completing the form• Notify the State Agency• Forms must be filed and available
for USDA and State Agency
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
# 5
What do I do with the“And Justice For All”
Poster?
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
“And Justice For All”Poster must be placed in a prominent area where participants and potential participants have ready access
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
# 6
When do I use theNondiscrimination
Statement?
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Nondiscrimination Statement – Long version
“The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination
Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov.
Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay
Service at (800) 877-8339; or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider and employer.”
http://www.gadoe.org/Finance-and-Business-Operations/School-Nutrition/Pages/USDA-Non-Discrimination-Statement.aspx
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Where a Non-discrimination Statement is Needed
Informational Materials:• Enrollment Forms
• Menus
• Newsletters
• Flyers
• Websites
• Print/broadcast ads
• Brochures
• Employee Handbooks
• Parent/Student Handbooks
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Nondiscrimination Statement - Short version
Can be used on documents which mention the School Nutrition Program, USDA, is a one page (front and back) or less in length.
“This institution is an equal opportunity provider and
employer.”
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
# 7
Who needs to have the Civil Rights information?
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
• Complaint forms and procedure information at every site
• Discrimination Information available to all School Nutrition personnel
• Complaint information must be retained for 5 years plus the year it was created.
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
# 8
What does GaDOE School Nutrition
look for at a review?
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Common Review FindingsCivil Rights complaint forms not accessible to all staff at each siteStaff do not recognize a civil rights complaint when asked and/or are not able to verbalize the Civil Rights complaint procedure to reviewer
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Common Review Findings
And Justice for All poster is not visible where students, parents and the general public can see and readNon-discrimination statement is wrong or missing from documents
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
# 9
Are there any resources for us to
use?
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Civil Rights ResourcesFNS INSTRUCTION 113-1• Establishes and conveys policy• Guidance and direction• Ensures complianceYour Area Consultant
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
# 10What is a summary of the steps School Nutrition must do
for Civil Rights?
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Summary: Civil Rights“Must Do List?”
Offer any School Nutrition Program in a non-discriminatory manner
Train staff annually on Civil Rights
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Summary: Civil Rights“Must Do List?”
Develop & fully implement a Civil Rights complaint procedure
Make available to all staff any Civil Rights complaint forms and complaint procedure
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Summary: Civil Rights“Must Do List?”
Prominently display the “And Justice for All” poster
Must offer meals to all students in the school
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Summary: Civil Rights“Must Do List?”
Non-discrimination statement must be on all printed materials available to the public which mention USDA and/or School Nutrition Program meals and snacks
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
Thank You
Dr. John D. Barge, State School Superintendent“Making Education Work for All Georgians”www.gadoe.org
The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or if all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.) If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider and employer.
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