Civil Rights Compliance and Staff Responsibilities

Compliance Overview | And Justice for All Poster | Nondiscrimination Statement | Meal Accommodations | Public Notification | Race and Ethnic Data | Training | Limited English Proficiency

Civil Rights Compliance Overview

The California Department of Education (CDE) Nutrition Services Division (NSD) provides Civil Rights compliance and complaint guidance to help agencies comply with the United States Agriculture (USDA) Child Nutrition Programs (CNP) regulations, as required by the Food and Nutrition Service (FNS) Instruction 113-1.

The requirements apply to all programs and activities receiving federal financial assistance for the CNP, whether those programs and activities are federally funded in whole or in part (FNS Instruction 113-1, Page 3). Thus, when a local agency, or any other subrecipient, who administers FNS program services and benefits, they enter into a contractual agreement (i.e. Permanent Single Agreement for School Nutrition Programs [SNP] and Summer Food Service Program [SFSP] Agreement to Participate) must to adhere to all laws, regulations, instructions, policies, and guidance related to nondiscrimination in program delivery (FNS Instruction 113-1, Page 4[C]).

Civil Rights Compliance

Each local agency, or any other subrecipient, must ensure that it performs certain duties to both prevent and resolve all complaints related to programs and civil rights. Sponsors must appoint a Civil Rights Coordinator to perform these duties. These duties include:

• Providing the name of the Civil Rights Coordinator, 504 Coordinator, and Title IX Coordinator (if different from the Civil Rights Coordinator).
  
  
• Providing mandatory civil rights training to all staff annually (FNS Instruction 113-1, Page 16[XI]).
  
  
• Implementing procedures to determine and process civil rights complaints (FNS Instruction 113-1, Page 32[XVII][B]).
  
  
• Implementing procedures to determine and process program related complaints.
  
  
• Notifying the public, participants, and potential participants, upon request, of information about program requirements and the procedures for filing a complaint in English and/or in the appropriate language for persons with limited English proficiency (FNS Instruction 113-1, Page 13[IX]).
  
  
• Ensuring that the public, participants, and potential participants are notified that a complaint can be filed anonymously or by a third party.
  
  
• Developing a method to collect racial and ethnic data. The agency can use an applicant’s voluntary self-identification to obtain racial and ethnic data.
  
  • Self-identification or self-reporting is the preferred method of obtaining characteristic data (FNS Instruction 113-1, Page 17[XII][A]).
    
    
• Ensuring that the agency makes special meals available to participants with disabilities who have a medical statement on file documenting that their disability restricts their diet.
  
  
• Ensuring that participants with disabilities are not excluded from enjoying the benefits or services due to inaccessibility of facilities. Every part of a facility must be accessible to and usable by persons with disabilities (Rehabilitation Act of 1973, Section 504). Subrecipients must also notify persons with disabilities about their right to free accommodations in a language or alternative format that they can understand (e.g., auxiliary aids and services and reasonable modifications).
  
  
• Including the most current version of the federal nondiscrimination statement in all public information releases, publications, and on posters concerning nutrition program activities, except menus (FNS Instruction 113-1, pages 13[IX][A][3],14[d], and 15[IX][B][4]).
  
  
• Displaying And Justice for All posters in areas visible to program recipients, such as the food service area and sponsor's office, except in family day care homes (FNS Instruction 113-1, Page 15[B][1]).
  
  
• Sending a public release announcing the availability of the CNP and/or changes in the programs to public media and community/grassroots organizations (FNS Instruction 113-1, Page 15[IX][B][2]).
  
  
• Providing appropriate translation services when a significant number of persons in the surrounding population have limited English proficiency (FNS Instruction 113-1, pages 9 and 10[VII]).
  
  
• Establishing admission and enrollment procedures that do not restrict enrollment of minority persons or persons with disabilities. This includes preventing staff from incorrectly denying applications of minority persons and persons with disabilities, and ultimately ensuring that minority persons and participants with disabilities have equal access to all programs (FNS Instruction 113-1, Page 1[II][B] and [D], Americans with Disabilities Act 28, Title 2, Code of Federal Regulations (CFR), Part 35, Subtitle A and D, and FNS Instruction 113-1, Page 1[I][A] and [II][A]).
  
  
• Maintaining a complaint log, as recommended by CDE, and working with the appropriate people to resolve complaints.

Civil Rights Complaints Procedures

The USDA requires sponsors to have procedures in place for receiving and processing civil rights complaints that are separate from Uniform Complaint Procedures (UCP) (FNS Instruction 113-1, page 13[IX][A][2]).

CDE provides a template that sponsors may use to ensure that their civil rights complaint procedures meet all the requirements set forth by the USDA regarding CNP. The civil rights complaint procedures template is available on the Child Nutrition Information & Payment System (CNIPS) Download Forms page, Form ID: SNP 85, Example of Civil Rights Complaint Procedures.

Sponsors may develop their own civil rights complaints procedures, but they must include the following:

• The complainant has the right to file a complaint within 180 days of the alleged discriminatory action.
  
  
• The procedures must identify the outside agency to which complaints are forwarded (i.e., the state agency or CDE, USDA FNS Regional Office, FNS Office of Civil Rights, or USDA Office of Civil Rights).
  
  
• Where a complaint form can be obtained.
  • Please note, sponsors can develop their own complaint form, or they may use the USDA’s complaint form found in the nondiscrimination statement. The use of such forms must not be a prerequisite for the acceptance of a complaint.
    
    
• If a complainant makes the allegations verbally or in person and refuses (or is not inclined) to place such allegations in writing, the staff member to whom the allegations are made must write up the elements of the complaint.
  • Every attempt should be made to gather the following information:
    • Contact information of complainant
    • Location and agency involved
    • Nature of incident
    • Basis of alleged discrimination
    • Contact information of other individuals who may have knowledge of incident
    • Date(s) of alleged discrimination occurred

Additionally, the procedures must not indicate that sponsors will attempt to resolve the complaint themselves, nor can their regular complaint process be a prerequisite for accepting a complaint.

And Justice for All Poster

The And Justice for All (AJFA) poster, which includes the full USDA nondiscrimination statement, must be prominently displayed in all offices, schools, and other sites that administer the USDA CNP.

School Nutrition Programs

For the SNP, including breakfast, lunch, and afterschool snack, the poster must be visible to all students during at least one of their meals. If meals are served from mobile units, kiosks, or food carts, which are considered points of service delivery, the AJFA poster must be visibly displayed on or near the cart during meal service to ensure compliance with USDA program requirements.

Summer Food Service Program

For the SFSP, the AJFA poster must also be visible to participants during at least one meal service. In addition to the requirements for mobile units, kiosks, and food carts, the poster must be prominently displayed in several specific settings. These include windows or walls at congregate meal sites, on all vehicles used for door-to-door meal deliveries to homes, and at all pick-up facilities and locations providing non-congregate meal service in rural areas.

If a sponsor elects to reproduce its own posters, please be advised that FNS Instruction 113-1 requires the reproduction to be the same size as the applicable AJFA poster (11 inches width and 17 inches height).

How to Order And Justice for All Posters

The USDA has not released hardcopies of updated AJFA posters. In the meantime, please refer to the additional guidance outlined below:

• Continue using the 2019 AJFA posters and do not replace them with the 2022 poster.
  
  
• The 2025 AJFA poster is available electronically on the USDA AJFA web page (PDF).
  
  • If program sponsors elect to print their own posters, the reproduction of the AJFA poster must be 11 inches wide and 17 inches height in size.
    
• Once the USDA releases the updated poster, the CDE will send communication with information on how to order and receive the posters.

For more information regarding AJFA posters please visit the CDE Frequently Asked Questions about Child Nutrition Programs Civil Rights Requirements web page.

Nondiscrimination Statement

CNP sponsors must include the most current version of the federal nondiscrimination statement in all public media releases, publications, and on posters concerning nutrition program activities, except menus.

The USDA prohibits discrimination in all its programs and activities. However, CNP regulations do not cover all types of discrimination. The only protected classes covered under the CNP are race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity.

USDA Nondiscrimination Statement for CNP Participants

The full and current nondiscrimination statement for use by the CNP can be found at the CDE NSD Nondiscrimination Statement web page at or the USDA FNS Nondiscrimination Statements web page .

The Short Nondiscrimination Statement

This institution is an equal opportunity provider.

Posting Requirements

The full nondiscrimination statement is required to be prominently displayed on all eligibility materials. If the material is one page or less in length (one page equals 8 ½ inches X 11 inches front and back); i.e. brochures, coupons, electronic benefit cards, menus, and flyers, federal regulations allow use of a shorter nondiscrimination statement on program material mentioning the USDA or the CNP. The short statement must be in the same sized print as the text of the document.

Meal Accommodations

The CNP sponsors must make reasonable accommodations for children with disabilities, including special dietary needs or restrictions.

The CNP sponsors must make substitutions to National School Lunch Program (NSLP) and School Breakfast Program (SBP), and SFSP meals to accommodate children with disabilities that restrict their diet, at no additional cost to the household (7 CFR, sections 210.10[m][1], 220.8[m], and 225.16[f][4]).

Sponsors will still receive meal reimbursement for meals that do not meet the program meal pattern, provided the accommodation request is supported by a medical statement signed (verified electronic signatures are acceptable) by a state licensed healthcare professional or Registered Dietitian (RD). A state licensed healthcare professional or RD is defined as an individual authorized to write medical prescriptions under state law (CDE NSD Management Bulletin SNP-07-2025).

Medical statements must:

• Describe the physical or mental impairment sufficiently in order for the school food authority to understand how it restricts a child’s diet
  
  
• Explain what must be done to accommodate a child’s disability
  
  
• Identify food or foods to be omitted from a child’s diet
  
  
• Recommend food or choice of foods that must be substituted in a child’s meals

(7 CFR sections 210.10(m), 220.10(m), and 210.2; and CDE NSD Management Bulletin SNP-07-2025)

The CDE provides a Medical Statement to Request Special Meals and/or Accommodations form (PDF) for sponsors to use.

If the child’s Individualized Education Plan (IEP) or 504 Plan includes the same information required in the medical statement, or if the required information is obtained by the school during the development or review of the IEP or 504 Plan, it is not necessary for the sponsors to obtain a separate medical statement (CDE NSD Management Bulletin SNP-07-2025).

Sponsors are required to provide all meal services in the most integrated setting appropriate to meet the needs of the child. Exclusion of any child from the environment is not considered an appropriate or reasonable modification, in most cases (CDE Disability Modifications Including Food Allergies web page and USDA Policy Memo SP-26-2017, Accommodating Disabilities in the School Meal Programs: Guidance and Questions and Answers [Q&As]).

For more information, please refer to the CDE Disability Modifications Including Food Allergies web page.

Public Notification

All CNP sponsors must implement a public notification system. The purpose of this system is to inform applicants, participants, and potentially eligible persons of the program availability, program rights and responsibilities, the policy of nondiscrimination, and the procedure for filing a complaint (FNS Instruction 113-1, Page 13[IX]).

The public notification system must include three basic elements: program availability, complaint information (i.e. right to file a complaint, how to file a complaint, and complaint procedures), and the nondiscrimination statement .

Methods of Public Notification

Each local agency, or other subrecipient serving the public must take the actions below to inform the general public, potentially eligible populations, community leaders, grassroots organizations, and referral sources about FNS programs and applicable civil rights requirements.

• Prominently display the USDA And Justice For All (PDF) poster.
  
  
• Inform potentially eligible persons, applicants, participants, and grassroots organizations (particularly those in underserved populations), of programs or changes in programs.
  • This includes information pertaining to eligibility, benefits, and services, the location of local facilities or service delivery points, and hours of service.
  • This information can be communicated by methods such as, but not limited to, internet, newspaper articles, radio and television announcements, letters, leaflets, brochures, computer-based applications, and bulletins (FNS Instruction 113-1, Page 15[IX][B][2]).
    
    
• Provide appropriate information, including web-based information, in alternative formats for persons with disabilities.
  
  
• Include the required nondiscrimination statement on all appropriate FNS and agency publications, websites, posters, and informational materials provided to the public.
  
  
• Convey the message of equal opportunity in all photographic and other graphics that are used to provide program or program-related information (FNS Instruction 113-1, Page 15).

Public Media Release

National School Lunch Program, School Breakfast Program, and Special Milk Program

A local educational agency (LEA) participating in the NSLP, SBP, or Special Milk Program (SMP) must publish a public media release (PMR). At the beginning of each school year, the public must be notified that the district offers free and reduced-price lunches (7 CFR, Section 245.5[a]).

LEAs must sign, date, and send the PMR to the local media requesting that the release be published at no charge as a public service to the community. If your community does not have local media sources (i.e., newspaper, television, radio, podcast, etc.), post the PMR in several community areas (i.e., post office, community centers). LEAs are not required to incur costs to have the PMR published, and the local media is not required to publish it.

For LEAs not participating in the Community Eligibility Provision (CEP) or Provision 2 in a non-base year must include the income eligibility guidelines (IEG) on their PMR for both free and reduced-price meals, or for free milk if the district participates in the SMP. The PMR must be provided to the informational media, the local unemployment office, and any major employers contemplating large layoffs in the attendance area of the school (7 CFR, Section 245.5[a][2]).

The full nondiscrimination statement must be prominently displayed on all eligibility materials, including outreach materials when notifying potentially-eligible participants how to apply for benefits, and when informing participants about their right to file a complaint.

The CDE provides PMR templates that LEAs may use to ensure their PMR meets all the requirements. The PMR templates are available on the CNIPS Download Forms page; LEAs will need to choose the appropriate version for their meal service:

• Form ID: SNP Eligibility 05, Public Media Release F/RP Meals or Milk
  
  
• Form ID: SNP Eligibility 05 – UM, Public Media Release Universal Meals
  
  
• Form ID: SNP 52 CEP, CEP Media Release

Summer Food Service Program

SFSP sponsors must publish a PMR. Sponsors are required to announce annually the availability of free meals through the media serving the area from which it draws its attendance availability (7 CFR, Section 225.15[e]).

The CDE provides a PMR template that SFSP sponsors may use to ensure that notifications meet all the requirements which is available on the CNIPS Download Forms page, Form ID: SFSP 07 Media Release Templates.

For more information, please refer to the CDE SFSP Information web page.

School Nutrition Program Outreach

School Breakfast Program

At the beginning of each school year, school food authorities must notify families of the availability of the SBP. In addition, schools should send reminders regarding the availability of the SBP multiple times throughout the school year (7 CFR, Section 210.12[d][1]).

Methods to consider for conducting outreach include:

• Printed material (e.g., flyers, monthly menus, newsletters, etc.)
  
  
• Announcements on the program operator’s website or through email (e.g., social media posts, online menus, online newsletters, etc.)

Summer Food Service Program

Whether or not a school operates either the SFSP or Summer Seamless Option (SSO), they must distribute materials, before the end of the school year, to inform families of the availability and location of free SFSP meals for students when school is not in session to the extent possible (7 CFR, Section 210.12[d][2]).

Methods to consider for conducting outreach include:

• Printed materials (e.g., flyers, monthly menus, newsletters, etc.), emails, and announcements on the program operator’s website (e.g., social media posts, online menus, online newsletters, etc.)
  • Location of SFSP sites in your area on the CDE Summer Meal Service Sites web page at or on the USDA Summer Meals for Kids Site Finder web page .
  • Households can be provided with the toll-free National Hunger hotline(s):
    • 1-866-3-HUNGRY (English)
    • 1-877-8-HAMBRE (Spanish)

The CDE developed a Summer Meals flyer, available on the Resources tab of the Summer Food Service Program Information web page under Outreach and Increasing Participation, that provides resources to locate Summer Meals sites and local food options.

Race and Ethnic Data

Sponsors receiving federal financial assistance are required to ask all program applicants and participants to identify all racial and ethnic categories that apply (FNS Instruction 113-1 ). Sponsors must ensure applicants and participants are made aware that failure to provide racial or ethnic identity information will not impact their eligibility.

Categories in the Child Nutrition Programs

The 2009–10 Civil Rights policy for the CNP established a two-question format for collecting racial and ethnic data from all program applicants and participants. Agencies must use separate categories when collecting and reporting ethnicity and race (FNS Instruction 113-1, Page 18[XII][A][4][a][b]). Agencies must collect ethnicity first and then offer respondents the option of selecting one or more racial designations. Recommended instructions accompanying the multiple responses for race should include one of the following: Mark One or More, or Select One or More, to encourage accurate information (FNS Instruction 113-1, Page 18 [XII][A][4]).

The minimum designations for ethnic and racial data collection are as follows:

Ethnicity

• Hispanic or Latino- A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. The term, "Spanish origin," can be used in addition to "Hispanic or Latino."
  
  
• Not Hispanic or Latino

Race

• American Indian or Alaska Native - A person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment.
  
  
• Asian - A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent. Examples include Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippines, Thailand, and Vietnam.
  
  
• Black or African American - A person having origins in any of the Black racial groups of Africa.
  
  
• Native Hawaiian or Other Pacific Islander - A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
  
  
• White - A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

*In addition, California Government Code (GC), Section 8310.5 requires the detailed collection of Asian and Pacific Islander sub-populations.

For more information, refer to the CDE FAQs – Race and Ethnicity Collection and Reporting web page and the CDE Description of Racial and Ethnic Categories web page.

Collection of Racial and Ethnic Data by Visual Observation and Identification in the Summer Food Service Program

The USDA has revised this policy and concluded that the use of visual observation and identification by SFSP sponsors is not an appropriate method for collecting race or ethnicity data in the SFSP. For additional information, review USDA Policy Memorandum CACFP 11-2021, SFSP 07-2021 .

Translated Materials for Collection of Racial and Ethnic Data

SNP sponsors can create their own materials.

Training

All staff who are involved in the CNP or have contact with children participating in the CNP are required to complete annual civil rights training (FNS Instruction 113-1, page 16[XI]).

All personnel involved in administering federally funded programs must receive training to ensure understanding of civil rights-related laws, regulations, procedures, and directives. Persons responsible for reviewing civil rights compliance must receive training to assist them in performing their review responsibilities.

Annual civil rights training must cover the following topics (FNS Instruction 113-1, page 16[XI]):

• Collection and use of data
  
  
• Effective public notification systems
  
  
• Complaint procedures
  
  
• Compliance review techniques
  
  
• Resolution of noncompliance
  
  
• Requirements for reasonable accommodation of persons with disabilities
  
  
• Requirements for language assistance
  
  
• Conflict resolution
  
  
• Customer service

CDE Civil Rights Training

The CDE recommends that your agency uses the approved CDE Civil Rights Training module as it guarantees coverage of all the required topics.

• The training can be found through the Nutrition Services Division Course Catalog.
  
  
• Sponsors should retain supporting documentation to show that this training was completed and that the required topics were included, such as certificates of completion or dated sign-in sheets and presentation materials.

Limited English Proficiency

Limited English Proficiency (LEP) persons are individuals who do not speak English as their primary language and who have limited ability to read, speak, write, or understand English. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of national origin and covers program access for LEP persons. LEP statutes and authorities prohibit exclusion from participation in, denial of benefits of, and discrimination under federally assisted and/or conducted programs on the ground of race, color, or national origin.

School Nutrition Programs

Once a school becomes aware of an LEP individual’s needs, the school is responsible for ensuring that their application and other household materials (e.g., letter, instructions, notices, and verification materials) are available in a language the LEP individual can understand. Simply offering the most common non-English language is not sufficient (USDA Policy Memo SP 37-2016, Meaningful Access for Persons with Limited English Proficiency in the School Meal Programs: Guidance and Q&As ). Sponsors should take note that even if students are not LEP, their parents or guardians might be. All necessary materials must be made accessible to them in their preferred language.

Under Title VI of the Civil Rights Act of 1964, schools must ensure that LEP households receive the same information as non-LEP households in a format they can easily understand. Schools need to have a process in place to assess and meet the language needs of LEP households.

SNP sponsors may create their own translated materials.

The nonprofit food service account may be used to pay for translation services when materials need to be translated into a language not currently available (USDA Policy Memo SP 37-2016).

California-Specific Translated Materials Requirements

SFAs that choose to use the USDA translated materials must modify the documents to comply with California Education Code (EC) as follows:

• Add EC Section 49557(a): “Applications for free and reduced-price meals may be submitted at any time during a school day. Children participating in the federal National School Lunch Program will not be overtly identified by the use of special tokens, special tickets, special serving lines, separate entrances, separate dining areas, or by any other means.”This EC section requires that the statement above be in at least 8-point boldface type and be placed on the application itself.
  
  
• Change all references from the Supplemental Nutrition Assistance Program to CalFresh.
  
  
• Change all references from Temporary Assistance for Needy Families to California Work Opportunity and Responsibility to Kids.
  
  
• Exclude the page Sharing Information With Medicaid/SCHIP found within the USDA family friendly application package. SFAs must adhere to provisions of EC Section 49557.2, which specifies how SFAs can share students’ school meal information with Medi-Cal.

For more information, please refer to the USDA LEP web page at or the CDE management bulletin SNP-09-2016: LEP.