Introduction and Overview

Civil Rights Compliance

A variety of laws protect the civil rights of various categories of people and prohibit discrimination against them. These laws require that federal assistance programs be operated so no one is discriminated against on the basis of race, color, national origin, sex, age, or disability. The LEA must develop and retain a description of its civil rights compliance program, which must contain at least the following elements.

Public Notification Program. All forms of communication and printed program information, including the free and reduced-price notification letters and public press releases, must include the following statement:

In accordance with federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating 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 S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.

If the full statement cannot be accommodated in the material, at a minimum, the following statement, in print no smaller than the main text, must be included:

This institution is an equal opportunity provider.

At all food service sites, the nondiscrimination poster developed by the USDA, or an alternative approved by the FNS, must be displayed in a prominent place, visible to the public.

Data Collection and Reporting System. The LEA must develop a method for collecting and reporting data on the number of children applying for free and reduced-price meals by racial/ethnic category. The data may be collected by a school official through observation or personal knowledge, or by voluntary self-identification by the applicant on the free and reduced-price application form.

Compliance Reviews. The USOE will conduct civil rights compliance reviews before awarding funding and as part of the ongoing monitoring process. LEAs must conduct similar compliance reviews in sites they sponsor.

Complaint Handling Procedures. Civil rights complaints are written or verbal allegations of discrimination based on race, color, national origin, sex, age, or disability. Any person claiming discrimination has a right to file a complaint within 180 days of the alleged discrimination. All complaints, whether written or verbal, must be accepted by the LEA and forwarded to the USOE. An anonymous complaint must be handled the same way as any other.

Resolution of Noncompliance Issues. Probable noncompliance is a factual finding, based on a review or other monitoring process, that certain civil rights requirements are not being met by an individual or agency. Once probable noncompliance is found, steps must be taken immediately to obtain voluntary compliance. If corrective action has not been completed within 60 days of the finding, a noncompliance report must be submitted through the USDA Regional Office to the Civil Rights Division (or through the USOE if locally identified). Continued noncompliance may result in legal action.