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3555-E(1) AR Administrative Regulation

Nutrition Program Compliance

NUTRITION PROGRAM COMPLIANCE E 3555 NONDISCRIMINATION STATEMENT FOR NUTRITION PROGRAMS The following statement shall be included, in a prominent location, on all forms available to the public regarding the availability of the district's child nutrition programs: "In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language, etc.), should contact the responsible state or local agency that administers the program or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program complaint of discrimination, complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to the USDA. The letter must contain the complainant's name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (833) 256-1665 or (202) 690-7442; or (3) email: [email protected] On pamphlets, brochures, and flyers, in the same print size as the rest of the text, the district may print a short version of the nondiscrimination statement, as follows: "This institution is an equal opportunity provider."

Legal & Management References

State
5 CCR 15580-15584 - Child nutrition programs complaint procedures
5 CCR 3080 - Applicability of uniform complaint procedures to complaints regarding students with disabilities
5 CCR 4600-4670 - Uniform complaint procedures
5 CCR 4900-4965 - Nondiscrimination in elementary and secondary educational programs receiving state or federal financial assistance
Ed. Code 200-262.4 - Prohibition of discrimination
Ed. Code 42238.01 - Definitions for purposes of funding
Ed. Code 48985 - Notices to parents/guardians in language other than English
Ed. Code 49060-49079 - Student records
Ed. Code 49490-49590 - Child nutrition programs
Pen. Code 422.6 - Crimes; harassment
Federal
20 USC 1400-1482 - Individuals with Disabilities Education Act
20 USC 1681-1688 - Title IX of the Education Amendments of 1972; discrimination based on sex
28 CFR 35.101-35.190 - Americans with Disabilities Act
28 CFR 36.303 - Nondiscrimination on the basis of disability; public accommodations, auxiliary aids, and services
29 USC 794 - Rehabilitation Act of 1973; Section 504
34 CFR 100.1-100.13 - Nondiscrimination in federal programs; effectuating Title VI
34 CFR 104.1-104.39 - Section 504 of the Rehabilitation Act of 1973
34 CFR 106.1-106.61 - Discrimination on the basis of sex; effectuating Title IX
34 CFR 106.9 - Severability
42 USC 12101-12213 - Americans with Disabilities Act
42 USC 2000d-2000d-7 - Title VI, Civil Rights Act of 1964
42 USC 2000e-2000e-17 - Title VII, Civil Rights Act of 1964, as amended
7 CFR 210.19 - National School Lunch Program; additional responsibilities
7 CFR 210.23 - National School Lunch Program; district responsibilities
7 CFR 215.14 - Special Milk Program; nondiscrimination
7 CFR 215.7 - Special Milk Program; requirements for participation
7 CFR 220.13 - School Breakfast Program; special responsibilities of state agencies
7 CFR 220.7 - School Breakfast Program; requirements for participation
7 CFR 225.11 - Summer Food Service Program; corrective action procedures
7 CFR 225.3 - Summer Food Service Program; administration
7 CFR 225.7 - Summer Food Service Program; program monitoring
7 CFR 226.6 - Child and Adult Care Food Program; state agency administrative responsibilities
7 CFR 250.15 - Out-of-condition donated foods, food recalls, and complaints
Management Resources
California Department of Education Publication - Civil Rights and Complaint Procedures, U.S. Department of Agriculture Child Nutrition Programs, June 2018
U. S. Department of Agriculture Publication - USDA Nondiscrimination Statement, December 2022
U.S. Department of Agriculture Publication - Application of Bostock v. Clayton County to Program Discrimination Complaint Processing – Policy Update, CRD 01-2022, May 2022
U.S. Department of Agriculture Publication - Civil Rights Compliance and Enforcement - Nutrition Programs and Activities, FNS Instruction 113-1, November 2005
U.S. DOE Office for Civil Rights Publication - Notice of Non-Discrimination, August 2010
Website - U. S. Department of Agriculture, And Justice for All Posters
Website - CSBA District and County Office of Education Legal Services
Website - U.S. Department of Agriculture, Office for Civil Rights
Website - U.S. Department of Agriculture, Food and Nutrition Service
Website - California Department of Education, School Nutrition
Website - U.S. Department of Education, Office for Civil Rights

Cross References