5P-3.009. Civil Rights Compliance and Enforcement

(1) Other Federal Requirements. All Sponsors must comply with the following requirements:

(a) Title VI of the Civil Rights Act of 1964, effective July 2, 1964, and incorporated by reference and available online http://www.flrules.org/Gateway/reference.asp?No=Ref-14869;

(b) Americans with Disabilities Act of 1990, effective July 26, 1990, and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14870;

(c) American with Disabilities Act Amendment Act of 2008, effective January 1, 2009, and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14871;

(d) Title IX of the Education Amendments of 1972, effective June 23, 1972, and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14872;

(e) Section 504 of the Rehabilitation Act of 1973, effective September 26, 1973, and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14873;

(f) Section 508 of the Rehabilitation Act of 1973, effective in 1998 and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14874;

(g) The Age Discrimination Act of 1975, effective November 28, 1975 and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14875;

(h) The Civil Rights Restoration Act of 1987, effective March 22, 1988 and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14876;

(i) The Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964 at 28 CFR 50.3, effective July 1, 2021, and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14877; and by email request to the department at [e-mail].

(j) USDA’s regulations concerning nondiscrimination in 7 CFR parts 15, 15a,15b and 16 previously incorporated Rule 5P-3.001, F.A.C.

(2) Materials in paragraphs (1)(a)-(i) above may also be obtained by email request to the department at [e-mail].

(3) Sponsors shall also comply with requirements for racial and ethnic participation data collection, public notification of the nondiscrimination policy, and reviews to assure compliance with such policy. No person shall, on the grounds of race, color, national origin, sex (including gender identity and sexual orientation), age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination, or reprisal or retaliation for prior civil rights activity under the Summer Food Service Program.

(4) Complaints. Any person or representative alleging discrimination based on a prohibited basis has the right to file a complaint within 180 days of the alleged discriminatory action by completing and submitting the USDA Program Discrimination Complaint Form (AD-3027 1/19/12 OMB Control Number 0508-0002), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14878, and by email request to the department at [e-mail], by mail to USDA, Office of the Assistant Secretary for Civil Rights, 1400 Independence Ave., S.W., Stop 9410, Washington, D.C. 20250-9410, or by facsimile to 1(833)256-1665.

(a) In the event a complainant makes the allegations verbally or in person, or refuses or is not inclined to place such allegations in writing, the person to whom the allegations are made must write up the elements of the complaint for the complainant. Every effort should be made to have the complainant provide the following information:

1. Name, address, and telephone number or other means of contacting the complainant;

2. The specific location and name of the Sponsor and/or Summer Food Service Program site;

3. The nature of the incident or action that led the complainant to feel discrimination was a factor, and an example of the method of administration that is having a disparate effect on the public, potential eligible persons, applicants, or participants;

4. The basis on which the complainant believes discrimination exists;

5. The names, telephone numbers, titles, and business or personal addresses of persons who may have knowledge of the alleged discriminatory action; and

6. The date(s) during which the alleged discriminatory actions occurred or, if continuing, the duration of such actions.

(b) Complaints of discrimination filed by applicants or participants shall be referred by the department to the Food and Nutrition Service Civil Rights Division (FNS CRD) within five (5) calendars of receipt of the complaint. 

(c) Complaints alleging discrimination on the basis of age, regardless of whether other bases of discrimination are alleged, will be referred to the Food and Nutrition Service Civil Rights Division within five (5) working days after receiving the complaint. FNS CRD will refer the complaint to the Federal Mediation and Conciliation Service (FMCS) for mediation within 10 calendar days of initial receipt.

(5) Limited English Proficiency. Sponsors must take reasonable steps to assure meaningful access to the information and services they provide as required in FNS Instruction 113-1 FNS-620 (1-99), incorporated in Rule 5P-3.002, F.A.C. Reasonable steps to assure meaningful access shall be contingent on the following factors:

(a) The number or proportion of persons with Limited English Proficiency eligible to be served or likely to be encountered by the Sponsor’s Summer Food Service Program;

(b) The frequency with which individuals with Limited English Proficiency come in contact with the Sponsor’s Summer Food Service Program;

(c) The nature and importance of the Sponsor’s Summer Food Service Program to people’s lives; and

(d) The resources available to the Sponsor and costs.

(6) Effective Communication. Sponsors must provide aids and services when needed to communicate effectively with applicants, participants, and potentially eligible persons of their program who have communication disabilities to ensure that the persons with a vision, hearing, or speech disability can communicate with, receive information from, and convey information to, the Sponsor unless doing so would result in significant difficulty or expense with regard to the nature and cost of the aid or service relative to the Sponsor’s size, overall financial resources, and overall expenses. If a particular aid or service would result in significant difficulty or expense, the Sponsor must provide another effective aid or service, if possible, that would not result in significant difficulty or expense.

(a) Sponsors are not required to provide any particular aid or service in rare circumstances where it would fundamentally alter the nature of the services provided to the public; however, Sponsors are required to accept telephone calls placed through Telecommunications Relay Service (TRS) and Video Relay Service (VRS), and staff who answer the telephone must treat relay calls just like other calls.

(b) Sponsors must consider the nature, length, complexity, and context of the communication and the person’s normal method(s) of communication as well as that person’s parent, spouse, or companion in appropriate circumstances. The term “companion” includes any family member, friend, or associate of a person seeking or receiving services who is an appropriate person with whom the Sponsor should communicate. Responsibility for providing effective communication, including the use of interpreters, is placed directly on the Sponsor.

(c) Sponsors cannot require a person to bring someone to interpret for him or her. A Sponsor can rely on a companion to interpret in the following situations:

1. In an emergency involving an imminent threat to the safety or welfare of an individual or the public, an adult or minor child accompanying a person who uses sign language may be relied upon to interpret or facilitate communication only when a qualified interpreter is not available; or

2. In situations not involving an imminent threat, an adult accompanying someone who uses sign language may be relied upon to interpret or facilitate communication when the individual requests this, the accompanying adult agrees, and reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children. Sponsors may not rely on an accompanying adult to interpret when there is reason to doubt the person’s impartiality or effectiveness.

(d) Sponsors are encouraged to consult with the person with a disability to discuss what aid or service is appropriate. Sponsors may require reasonable advance notice from people requesting aids or services, based on the length of time needed to acquire the aid or service, but may not impose excessive advance notice requirements. “Walk-in” requests for aids and services must also be honored to the extent possible.

(e) Sponsors must provide comprehensive and ongoing training to front line staff regarding the Americans with Disabilities Act (ADA) requirements for communicating effectively with people who have communication disabilities.

(7) Public Notification. Each Sponsor must take specific action to inform applicants, participants, and potentially eligible persons of their program rights and responsibilities and the steps necessary for participation. 

(a) Applicants and participants must be advised at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures. 

(b) All information materials and sources, including websites, used by the Sponsor to inform the public about the Summer Food Service Program must contain a nondiscrimination statement. At the minimum, the nondiscrimination statement, or a link to it, must be included on the home page of the program information.

(c) Each Sponsor must take the following actions to inform the general public, potentially eligible populations, community leaders, grassroots organizations, and referral sources about the Summer Food Service Program and the applicable Civil Rights requirements:

1. Prominently display the USDA nondiscrimination poster “And Justice for All,” or an FNS approved substitute;

2. Inform potentially eligible persons, applicants, participants, and grassroots organizations (particularly those in underserved populations), of the Summer Food Service Program or changes in the Summer Food Service Program. This includes information pertaining to eligibility, benefits, and services, the location of local facilities or service delivery points, and hours of service. This information shall 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;

3. Provide appropriate information, including web-based information, in alternative formats for persons with disabilities;

4. Include the required nondiscrimination statement on all appropriate Summer Food Service Program publications, websites, posters, and informational materials provided to the public; and 

5. Convey the message of equal opportunity in all photographic and other graphics that are used to provide Summer Food Service Program or program-related information.

(8) Civil Rights Training. Sponsors are responsible for training their staff who interact with program applicants or participants, and those persons who supervise those staff, must be provided civil rights training on an annual basis. Specific subject matter must include, at a minimum, the 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, and customer service.

(9) Data Collection and Reporting. Sponsors must provide for and maintain a system to collect the racial and ethnic data in accordance with 7 CFR 225.7(g), previously incorporated in Rule 5P-3.001, F.A.C., and FNS Instruction 113-1 FNS-620 (1-99), as previously incorporated in rule, to determine how effectively the Summer Food Service Program is reaching potential eligible persons and beneficiaries, identify areas where additional outreach is needed, assist in the selection of locations for compliance reviews, and complete reports as required.

(a) Program applicants or participants may not be required to furnish information on their race or ethnicity. Self-identification by the applicant or participant is the preferred method of obtaining characteristic data.

(b) The number of potentially eligible beneficiaries by racial or ethnic category for the area served by each Sponsor must be determined each year. Data concerning the number of potentially eligible beneficiaries, along with identification of all sources of the information, must be updated annually and maintained on file for 3 years. Sources for obtaining such data include census data or public school enrollment data.

(c) Actual beneficiary data by racial or ethnic category for each site under a Sponsor’s jurisdiction must be collected by the Sponsor each year. Sponsors of residential camps must collect and maintain this information separately for each session of the camp. For all other sites, the Sponsor must count the participating children at least once during the site’s operation.

(d) Once collected, actual beneficiary data shall be maintained on file by the Sponsor. Data, as well as documentation for the data, shall be retained by the Sponsor for the required 3 years. The data and documentation shall be maintained using safeguards that prevent its use for discriminatory purposes. Such safeguards shall include allowing access to program records containing this data only by authorized personnel.

Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History‒New 12-6-22.