File:  EF-E-2 - Civil Rights Complaint Procedure for School Nutrition Program

NOTE:  The United States Department of Agriculture (USDA) requires school districts receiving federal funding for child nutrition programs to have a written civil rights complaint procedure. This sample contains the language CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

This exhibit does not need to be filed in the Board's policy manual and should be kept by the district in another location, such as the district's nutrition services manual.

In accordance with the United States Department of Agriculture (USDA) civil rights regulations and policies, the district is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability in any school nutrition program.

A participant in the district's school nutrition program who alleges discrimination on the basis of any of the above-listed federally-protected classes has the right to file a complaint within 180 days of the alleged discrimination, in accordance with this procedure.

Filing a complaint

If an individual has an unlawful discrimination complaint concerning his or her participation in a school nutrition program, the complaint may be directed to [insert here the district contact, e.g. district's director of nutrition services, and include the staff member's name, mailing address, phone number and email address].

Complaints may be made verbally (in person or over the phone) or may be submitted in writing to the district contact listed above. Complaints may be filed anonymously.

When filing a complaint, the following information will be requested:

1.  complainant's name, address and telephone number (unless the complainant wishes to remain anonymous);

2.  the nature of the incident or action that led the complainant to feel discrimination was a factor;

3.  the basis on which the complainant believes discrimination exists;

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

5.  the date(s) during which the alleged discriminatory action(s) occurred.

Forwarding a complaint

Upon the district's receipt of the complaint, the district shall forward the complaint as soon as possible but no later than five business days to the following agency:

[Insert at least ONE of the following agencies as the agency to which complaints will be forwarded.]

CDE Office of School Nutrition
1580 Logan Street Suite 760
Denver, CO 80205

USDA Office of Civil Rights
1400 Independence Ave., SW, Rm 1095-S, Stop 0206
Washington, DC 20250
(or emailed to program.intake@usda.gov)

  

USDA Mountain Plains Regional Office
1244 Speer Blvd Suite 903
Denver, CO 80204 

FNS Office of Civil Rights
3101 Park Center Dr., Suite 1200
Alexandria, VA 23302

The designated agency shall then conduct the complaint review and investigation within the required timeline (90 days).

(Issue date)

LEGAL REF.:  USDA Food and Nutrition Service (FNS) Instruction 113-1 (civil rights compliance and enforcement - nutrition programs and activities)

NOTE:  The USDA has a program complaint form available on its website or at any USDA office. To request a copy of the complaint form, call 866-632-9992.

[Revised June 2018]

COLORADO SAMPLE EXHIBIT 2017©