C

Civil Rights Noncompliance Issues Resolution

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 SA if locally identified). Continued noncompliance may result in legal action.

Specific examples of discrimination and noncompliance with civil rights laws include:

• Exclusion of children from participation in school nutrition programs on the basis of race, color, national origin, age, sex, or disability.
• Disparate distribution of benefits and services to participants in programs.
• Differential treatment of a participant or group of participants on the basis of race, color, national origin, age, sex, or disability in determining whether admission policies, enrollment, quota, membership, or other requirements of a program have been met.
• Separation of persons by different meal periods, seating arrangements, or way food is served because of race, color, national origin, age, sex, or disability.
• Failure to apply the same eligibility criteria for free or reduced-price meals or milk to all persons attending schools within a LEA.