(X) Action Required
Immediately and some
items by October 1, 2008
May 15, 2008
TO: All CACFP Program Sponsors
RE: Revised Civil Rights Requirements
The Oregon Department of Education Child Nutrition Programs has changed several components of the civil rights requirements. The following changes are described in this memo:
- Revised non-discrimination statement
- New “And Just for All” posters
- New annual racial-ethnic reporting requirements
- New civil rights complaint forms (English and Spanish)
Revised Non-Discrimination Statement: Begin implementation upon receipt with full compliance by October 1, 2008.
The Oregon Department of Education Child Nutrition Programs (ODE CNP) is revising the non-discrimination statement currently used to match the statement required by the USDA Food and Nutrition Service. Changes include new contact numbers and the elimination of religion as a protected class. Religion is a protected class in Oregon but is not required to be on the Federal statement. ODE CNP has chosen to revert back to using the USDA non-discrimination statement.
By October 1, 2008, sponsors must have the following long non-discrimination statement on all publications that are over one page that mention USDA Child Nutrition Programs:
| |
“In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discrimination on the basis of race, color, national origin, sex, age, or disability.
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call, toll free (866) 632-9992 (Voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866)377-8642 (relay voice users). USDA is an equal opportunity provider and employer.”
|
Federal regulations allow use of a shorter non-discrimination statement on program material less than one page in length; i.e. brochures, coupons, electronic benefit cards, menus, and flyers. The short statement must be in the same size print as the text of the document.
The revised short non-discrimination statement must also be on all required documents by October 1, 2008, and reads as follows:
| |
"This Institution is an equal opportunity provider." |
Sponsors may use the name of the sponsor instead of the words “this institution” in the short non-discrimination statement.
If a sponsor is unable to meet the October 1, 2008, deadline because it has a large number of forms pre-printed, ODE will consider a waiver for a specific form on a case-by-case basis. To request special permission, contact your assigned Child Nutrition Specialist.
New “And Justice for All” poster: Implement upon receipt.
A new small “And Justice for All” poster will be distributed at annual trainings. This poster is published in English and Spanish.
Upon receipt of posters, sponsor must replace the old poster with the new small “And Justice for All” poster. The poster must be placed at the service delivery point where it can be read by participants, potential participants, and employees. Family day care home providers are not required to place the poster in their homes.
The large “And Justice for All” poster will be available in July 2008. The large poster will be printed in English, Spanish, Russian, Vietnamese and Chinese. If you need large posters, contact Hazel Randolph, Child Nutrition Programs, (503) 947-5894 or
hazel.randolph@state.or.us 
to be placed on the mailing list.
New Annual Racial-Ethnic Reporting Requirements: Complete by October 1, 2008.
Annually, CACFP sponsors are required to collect the racial-ethnic data and maintain data on file for three years. This information was previously collected annually during renewals in CNP2000. We are no longer collecting this information as a part of the renewal process.
Sponsors are now required to collect the following information annually on the
enclosed form 
.
- Determine and record the number of potentially eligible beneficiaries by the USDA racial-ethnic categories for the area served by each institution. Sponsors may use the enclosed county-level census data or other data.
- Collect actual participant data by racial-ethnic data for each CACFP site. Visual identification may be used to determine a participant’s racial-ethnic category or parents/guardians may be asked to identify this information. Enclosed is a Racial-Ethnic Data Collection form that may be used for this purpose.
The first data collection must be completed by October 1, 2008. Do not submit this form to ODE CNP. ODE CNP staff will check data collected on potential beneficiaries and participants at administrative reviews.
New ODE Civil Rights Complaint Forms: Implement upon receipt.
Enclosed are revised ODE Civil Rights Complaints Forms in
English and
Spanish . The revised forms have the new non-discrimination statement. Complaint forms will be available in Russian, Chinese and Vietnamese in July 2008. If you need forms in these languages, please contact Hazel Randolph, Child Nutrition Programs, (503) 947-5894 or
hazel.randolph@state.or.us to be placed on the mailing list.
Effective immediately, start using the new form to collect civil rights complaints. As before, sponsors are required to forward food program-related civil rights complaints to ODE CNP within three days of their receipt.
If a participant files a complaint based on a class protected in Oregon but not listed in the new non-discrimination statement, the sponsor should not use the ODE Civil Rights Complaint Form or forward the complaint to ODE CNP for investigation. For questions on this requirement, contact Winston Cornwall, ODE Civil Rights Specialist, at (503) 947-5675 or
winston.cornwall@state.or.us
If you have any questions about the content of this memo, the information will be covered in annual training and you may also contact me or your assigned Specialist.
Sincerely,
Lynne Reinoso
Manager, Community Nutrition
Child Nutrition Programs
Office of Finance & Administration