Fla. Admin. Code R. 5P-2.010
(1) Other Federal Requirements. All Sponsors must comply with the following requirements:
(3) Limited English Proficiency. Sponsors must take reasonable steps to assure meaningful access to the information and services they provide as required 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 assessed based on the following factors:
(4) 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.
(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.
(5) 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.
(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 School Nutrition Program(s) and the applicable Civil Rights requirements:
1. Prominently display the applicable 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 School Nutrition Program(s) or changes in School Nutrition Program(s). 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 including, 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 School Nutrition 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 School Nutrition Program or program-related information.
(7) Data Collection and Reporting. The collection and reporting of data on the actual number of children applying for free and reduced-price meals or free milk, by ethnic or racial group, is required by Department of Justice (DOJ) Regulations, 28 CFR 42.406, revised as of July 1, 2021, which is hereby adopted and incorporated by reference and available online at HYPERLINK "https://www.flrules.org/gateway/reference.asp?No=Ref-15823" https://www.flrules.org/gateway/reference.asp?No=Ref-15823, and by email request to the Department at InfoFNW@fdacs.gov.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, FS. History-New 9-5-23.