The Oregon Department of Education Child Nutrition Programs (ODE CNP) received updated guidance from the United State Department of Agriculture (USDA) Food Nutrition Services (FNS) during a recent Management Evaluation regarding the USDA FNS Programs Nondiscrimination Statement (NDS), and the Equal Opportunity Public Notification Policy [DR 4300-03].
The updated guidance impacts:
- Nondiscrimination Statement (NDS) Long Version
- Notification requirements for participants with Limited English Proficiency and Disabilities
NDS Long Version
The NDS long version was updated in May 2022 with further updates to the complaint form links made to the long version later that year. All sponsors must ensure webpages and materials have the most current, up-to-date statement, including the most current links.
Effective Immediately:
- All program webpages must include either the current NDS long version or a link directly to the NDS statement.
If the sponsor does not have a program webpage, a link directly to the NDS statement must be on the home page of the sponsor’s website.
- As of September 30, 2023, all printed documents, pamphlets, brochures, etc. using previous NDS language must be updated. All new printings must use the 2022 NDS Long Version.
As of September 30, 2023, all printed documents, pamphlets, brochures, etc. using previous NDS language must be updated. All new printings must use the 2022 NDS Long Version.
Equal Opportunity Public Notification Policy
On October 17, 2019, USDA FNS released policy memo DR 4300-003 Equal Opportunity Public Notification Policy. This policy memo describes the requirements of the USDA, State Agencies and sponsors who receive Federal funds for Child Nutrition Programs. This policy memo discusses the nondiscrimination statement, recipient requirements, And Justice for All Posters and roles and responsibilities.
The policy specifically states that, “Program Sponsors are required to notify applicants with disabilities and limited English proficiency (LEP) persons of their right to free language assistance and accommodations and provide these services upon request,” [DR 4300-03, 6(c)].
Effective immediately:
- Sponsors must notify applicants with disabilities and LEP persons of their right to free language assistance and accommodations and provide these services upon request.
Notification of resources may be posted to the sponsor’s program webpages, included in enrollment information, or sent out via program communications to the public.
For more information on how to ensure meaningful access to programs and activities, please visit:
USDA Guidance Memo SP 37-2016 Meaningful Access to Persons with Limited English Proficiency in the Schol Meal Programs: Guidance and Q&A
As a follow up to the aforementioned Management Evaluation, ODE CNP has ensured that both the NDS long version and notification of free language assistance and/or accommodations are posted on the ODE CNP webpages.
In the future, verifying accurate posting of the NDS and public notification of free assistance and/or accommodation will be included as part of the Child Nutrition Program review processes. Annual reminders will be sent to sponsors during the renewal process to remind sponsors to ensure postings are available and accurate.
If you have any questions, please follow up with your Child Nutrition Specialist.
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