U S Department of Agriculture National Institute of

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff December 8, 2010 --President Barack Obama “Today I have signed into law H. R. 4783, the ‘Claims Resolution Act of 2010. ’ This Act, among other things, provides funding and statutory authorities for the settlement agreements reached in the Cobell lawsuit brought by Native Americans; the Pigford II lawsuit brought by African American farmers”. NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 1

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff 2011 National Extension and Research Administrative Officer’s Conference May 23, 2011 “ Measuring Success: Program Civil Rights Data Collection” Norman E. Pruitt Dallas L. Holmes National Program Compliance Review Leader Associate Professor Nancy Corley Extension and Continuing Education Utah State University Equal Opportunity Specialist U. S. Department of Agriculture National Institute of Food and Agriculture NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 2

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff CODE OF FEDERAL REGULATIONS (CFR) Ø 7 CFR part 15 —Nondiscrimination on the basis of race, color, or national origin ü CFR part 5, Subpart A “Nondiscrimination in Federally-Assisted Programs of the USDA— Effectuation of Title VI of the Civil Rights Act of 1964” Ø 7 CFR part 15 a. 1 —“The purpose of this part is to effectuate Title IX of the Education Amendments of 1972, Discrimination on the basis of Sex in any education program or activity receiving federal financial assistance…” Ø 7 CFR part 15 b—Nondiscrimination on the basis of HANDICAP in program or activities receiving federal financial assistance ü 7 CFR 15 B. 1 “The purpose of this part is to implement section 504 of the Rehabilitation Act of 1973…. {Also American Disability Act of 2008} Ø 45 CFR PART 90– Nondiscrimination on the basis of AGE in programs or activities receiving federal financial assistance (Health and Human Services) NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 3

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Memorandum dated April 21, 2009 -Secretary Thomas J. Vilsack “The Assistant Secretary for Civil Rights will…fully implement automated corporate race, ethnicity, sex, national origin, disability, and age data collection for FSA, NRCS, and RD at the field office level by October 1, 2009, after which we will develop a corporate proposal for data collection across USDA”. NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 4

Establishing State and County Parity Goals Dallas L. Holmes, Ed. D Utah State University Associate Professor Extension and Continuing Education 5

Contact Data Collection Categories Female Female White Male white Black Male Black Hispanic Male Hispanic Asian/Pacific Am Indian Male Asian/Pacific Male American Indian LEP (limited English proficiency) All Extension faculty report in Digital Measures the University-wide accountability system. 6

Reporting Limited English Proficient Contacts If instructor prepares special materials or provides interpreters for program accommodation LEP individuals may already be reported by race and ethnicity in the face-to-face contact table LEP report field captures numbers of persons served who receive program accommodation due to limited English proficiency 7

Counting Face-to-Face Contacts “Contact" refers to the interaction of two or more individuals face-to face in an educational experience or Extension-related business Contacts occur in conferences, consultations, workshops, seminars, meetings, field days, and demonstrations More than one contact with the same individual during a single day should be reported (counted) if the contacts occur in different program emphasis areas 8

Capturing Face-to-Face Contacts for input into Digital Measures STATE UNIVERSITY EXTENSION – CONTACT DATA REPORT Name: Unit: Report Date(s): DLH 06. 07 Face to Face Contacts Specify Major Program_____________ Adult Program Notes Youth Female White Female Black Female Hispanic Female Asian/Pacific Female Am Indian Male White Male Black Male Hispanic Male Asian/Pacific Male Am. Indian LEP (Limited English) Indirect and Other Contacts Specify # Email Phone Newsletters Presentations Website Traffic Other 9

Using 2010 Census Population Data to Set Parity Standard: Utah County, Utah Total 516, 514 100% Total one race 502, 528 White Black Ameri can Indian Alaska Native Asian Native Hawaii an/Pa cific Island er Some Other Race Two or Hispa more nic/ Races Latino (any race) 461, 775 2, 799 3, 074 7, 032 3, 905 23, 943 14, 036 55, 793 91. 9% . 06% 1. 4% . 07% 4. 8% 2. 7% (11. 1%) Hispanic % is notation only as Latino is reported as ethnicity for any race recorded SAMPLE COUNTY 10

How the Parity Goal is Established Ethnicity with Highest Population in Utah White Population = 29. 3% Extension Contacts 2010 2, 379, 560 = 29. 3% 698, 031 Equity Standard 11

Utah’s Approach to Establishing Contact Parity 1. Review contacts made with each race/ethnicity 2. Compare contact data with the current US Census for Utah 3. Consider percentage served for each race/ethnicity 12

Utah’s Approach to Establishing Contact Parity 4. Use the race/ethnicity with the highest percentage contacted (prior year)as the goal for all other groups 5. Equity in contacts =parity goal of 29. 3% for all races/ethnicities in the state, and all counties 13

Let’s Do One Together Step 1 Step 2 Step 3 • Find Box Elder County on the Census Fact Finder Sheet • Locate the “Establishing CR Contact Parity Goals” Report Form • Copy the Census data for Box Elder County to Table #2 • Write in the ACTUAL contact data for Table #1 (handout) • Compare Table #1 with Table #3 • Calculate % reached (# actual contacts divided by census population for each race/ethnicity) and record in Table #3 14

TABLE 1. Total Reported Annual Face-to-Face Contacts Race/Ethnicity Number of contacts WHITE M/F 25, 337 96% BLACK M/F 35 0% 742 3% 163 1% 16 0% HISPANIC M/F ASIAN M/F AMIND M/F TOTAL 26, 293 % to total 100% BOX ELDER COUNTY 15

Proportional % Reached this year Actual to Census 16

Set a Realistic Parity Goal 17

TABLE 3. Proportional % Reached Race/ Ethnicity County % State Reached Parity Goal % to Total Census Reached WHITE M/F 25, 377/ 45, 861 55. 3% 92% 96% BLACK M/F 35/172 20. 3% 29% --- HISPANIC M/F 742/4152 17. 8% 29% 8. 3% 3% ASIAN M/F 163/443 36. 8% 29% . 08% 1% AMIND M/F 16/412 3. 9% 29% . 08% --- 29% Box Elder County 18

Benefits of Utah’s Approach Trend and demographic data underpin “where we are” and help us chart “where we should be. ” Knowledge of “where we are” helps establish targeted marketing approaches to underserved groups. 19

Benefits of Utah’s Approach Comparisons from year to year give faculty trends to guide planning. With seven years of data – trend lines become apparent to county faculty (clarity of direction). 20

Annual Self Assessment of Civil Rights Understanding Web-based tool to assess understanding with online “help” Seven years of quantitative data: Guides qualitative training: ◦ Diversity Discussion Kits ◦ Heads-up Newsletter Topics ◦ Extension Diversity Website resources ◦ Training focus at Civil Rights reviews 21

Civil Rights Academic and Programmatic Integration Faculty and staff role statements include a civil rights component and expectation Annual Plan of Work Reporting on significant civil rights program applications Annual Faculty Reviews – personal contact data reviewed. 22

Civil Rights Academic and Programmatic Integration Contact data available to tenure and promotion committees Best practices in civil rights/diversity applications identified from annual reports 23

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff NIFA CIVIL RIGHTS REVIEW AREAS OF CIVIL RIGHTS CONCERN/INTERESTS v v v Quantity and quality in the collection and reporting of programmatic race/ethnicity and gender data to measure the overall status of compliance. Identifying potential audiences, program planning, and data collection. Applicability of Civil Rights Laws to all recipients of federal financial assistance (7 CFR 15) supported by Research. Accessibility to the disabled and public notification for accommodation. Racial/ethnic and gender composition of committees/boards. Limited English Proficiency (LEP) procedures and process and National Origin discrimination. NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 24

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff 2011 National Extension and Research Administrative Officer’s Conference May 23, 2011 “ Above and Beyond the Letter of the Law” National Origin-Limited English Proficiency Norman E. Pruitt National Program Compliance Review Leader U. S. Department of Agriculture National Institute of Food and Agriculture NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska Nancy Corley Equal Opportunity Specialist U. S. Department of Agriculture National Institute of Food and Agriculture 25

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Above and Beyond the Letter of the Law An Interactive Case Study in Teams Craft a Startup Limited English Proficiency (LEP) Pilot Project Takeaway: LEP Tool Kit NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 26

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Title VI National Origin Prohibits discrimination on the basis of “race, color, or national origin…under any program or activity receiving Federal financial assistance. ” 42 U. S. C. Section 2000 d-4 a(4) NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 27

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Executive Order 13166 Specifies the provision of language assistance to limited English proficient individuals so that • They may understand exercise important rights • Comply with responsibilities • Access and understand information provided by federally funded activities and programs NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 28

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff The Four LEP Factors Number/proportion of LEP persons Frequency of Contact Nature and importance of program/activity Available resources and costs NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 29

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Language Assistance Measures • • • Applications/notification in translation Telephone relay interpretation Web pages in translation Program interpretation Low-literacy or mixed-literacy materials NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 30

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Case Instructions • Read individually (3 minutes) • Develop answer(s) with team (10 minutes) • TAKE NOTES IN YOUR HANDOUTS! (If you should finish early have fun with the BONUS BRAIN WORKOUT p. 8) NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 31

A large population of Latino residents does not, in itself, mean you need a proportionately large LEP program. U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Considerations • • • How long have they been in U. S. ? How many are foreign-born? A large population of How many in labor force? Latinos does What age on arrival? not mean you How many are need a proportionately bilingual? large LEP program. NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 32

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Health and Safety Subject Matter is Generally of High Importance in an LEP Plan NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 33

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff New Populations Have Greater Needs NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 34

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Use Startup Projects to Build Capacity • All program areas are important • Use startup projects to learn and collect data • Use data and early successes to attract funding for next steps • Be sure your plan has contingencies for serving even one or two people with LEP needs NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 35

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff CODE OF FEDERAL REGULATIONS (CFR) Ø 7 CFR part 15 —Nondiscrimination on the basis of race, color, or national origin ü CFR part 5, Subpart A “Nondiscrimination in Federally-Assisted Programs of the USDA—Effectuation of Title VI of the Civil Rights Act of 1964 NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 36

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff 2011 National Extension and Research Administrative Officer’s Conference May 25, 2011 “ Accommodation: It’s Not Just Curb Cuts Anymore!” Services and Accommodation for the Disabled Norman E. Pruitt National Program Compliance Review Leader U. S. Department of Agriculture National Institute of Food and Agriculture NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska Nancy Corley Equal Opportunity Specialist U. S. Department of Agriculture National Institute of Food and Agriculture 37

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff ADA Amendments Act of 2008 RESTORES INTENT AND PROTECTIONS OF THE ADA OF 1990 DEFINES HEARING, SEEING, SPEAKING, READING, CONCENTRATING, THINKING, AND COMMUNICATING AS MAJOR LIFE ACTIVITIES SPECIFIES AUXILIARY AIDS AND SERVICES FOR HEARING AND VISUAL IMPAIRMENTS NIFA EOS NERAOC –May 23, 2010 Anchorage, Alaska 38

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Federal Rehabilitation Act Section 508 • Requires public colleges to show their technology is accessible under state laws • Many universities have web pages that are inaccessible to people using text-to-speech readers (can’t access course management software, online courses, and library catalogs) NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 39

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff People with disabilities have been excluded from educational programs, segregated or taught alone. NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 40

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Sensory Disability Assistive Listening Technolo gy Assistive Reading Technology NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska • Deaf • Hard of hearing • Blind • Partially sighted 41

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Case Instructions • Read individually (3 minutes) • Develop answer(s) with team (8 minutes) • FILL IN YOUR BLANK QUESTION SHEET! NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 42

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Program Access • Public notices that are accessible • Marketing that reaches this demographic • An understanding of how people with “sensory disabilities” regard themselves NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 43

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Public Notification Accommodation Statement Audio-file TDD/Relay Web NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska Print E-mail 44

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff Assessment and Target Plan • Start with the self-assessment: what questions would be useful for your organization to ask itself about reaching out to people with sensory disabilities? • Bounce ideas around with your team and sketch out notes for a Target Program Plan for your organization or work unit NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 45

U. S. Department of Agriculture National Institute of Food And Agriculture Equal Opportunity Staff CODE OF FEDERAL REGULATIONS (CFR) Ø 7 CFR part 15 b—Nondiscrimination on the basis of HANDICAP in program or activities receiving federal financial assistance ü 7 CFR 15 B. 1 “The purpose of this part is to implement section 504 of the Rehabilitation Act of 1973…. {Also American Disability Act of 2008} NIFA-EOS NERAOC May 23 -26, 2011 Anchorage, Alaska 46