C

Civil Rights Compliance Reviews

The SA will conduct civil rights compliance reviews before awarding funding as part of the ongoing monitoring process required by program regulations and on other occasions as necessary. LEAs should conduct similar compliance reviews in sites they sponsor (see the LEA Site Monitoring forms in Supplementary Materials). There are several types of compliance reviews.

Pre-Award Compliance Review. The SA and LEA will perform a pre-award desk review of previously unfunded program applicants to determine compliance with the civil rights laws. It may be particularly important for a LEA to conduct this review of any institution with which it expects to contract for preparation, delivery, or service of meals. If an institution is found to be out of compliance, the SA or LEA may not enter into the proposed contract. Information required to be submitted as part of the application includes:

• Copies of free and reduced-price meal policy statements, letters to parents, public press releases, and any other materials used to publicize program availability and nondiscrimination requirements.
• Estimated data on the racial/ethnic makeup of the applicant organization's or site's program service area and enrollment.
• A description of membership requirements for admission to the institution, if applicable.
• The names of other federal agencies providing assistance to the organization, and whether the applicant has ever been found out of compliance by those agencies.

Local Compliance Review. LEAs must ensure that schools in which they operate programs meet civil rights requirements. Reviews must be conducted as part of ongoing management and administration. At a minimum, local reviews will examine whether:

• Communication to the public and potential beneficiaries includes the nondiscrimination statement and information on where a complaint can be filed.
• Any complaints received have been forwarded to the SA.
• The nondiscrimination poster is displayed in a prominent place in the food service area.
• Program information is made available to the public, and how that occurs.
• There is a need for program information in languages other than English, and how the need is being met.
• Data are maintained on approved and denied free and reduced-price applications by racial/ethnic category.

Regular Compliance Review. Within one year following application approval and regularly thereafter, the SA will include civil rights compliance reviews in its continuing monitoring of all LEAs. When a review of an LEA is performed, the questions listed below will be investigated as a minimum. LEAs must do similar compliance reviews in sites they sponsor.

• Are approved and denied free and reduced-price applications maintained on file?
• Do denied free and reduced-price applications come disproportionately from minorities?
• Is there a need for bilingual material or staff? If the need exists, how is it being addressed?
• What procedures are used to determine and process civil rights complaints?
• Do admission procedures restrict enrollment of minorities or other protected classes?
• Is the USDA poster (or an FNS-approved alternate) prominently displayed?
• Do free and reduced-price application letters provided to parents or guardians of participants and potential participants contain the nondiscrimination statement and the procedure for filing a complaint?

If noncompliance is found in any area, the LEA must take corrective action. Contact the SA if compliance is not met.

Special Compliance Review. On occasion, special compliance reviews will be necessary. Such reviews will be conducted when:

• Available information indicates a need for in-depth examination of program activities or procedures at a specific LEA or site.
• Statistical data indicate that a particular minority or other protected group is not participating in or benefitting from the program to an extent indicated by the potentially eligible population.
• Reports of noncompliance made by other federal agencies need to be substantiated.
• Follow-up on findings of previous special reviews is needed to obtain additional information.
• Patterns of complaints of discrimination have developed.

Special compliance reviews may be conducted by either state or federal agency personnel or jointly, and they may be unannounced.