Aligning state/local policy and practice with the federal standards
- States need not incorporate the federal Charitable Choice and Equal Treatment language into their own statutes, of course. States need not, for instance, specify in their own regulations all of the protections for the religious character of faith-based organizations that are enumerated in federal regulations. Rather, what is essential is that, when federal funds are involved, nothing in the state or local rules conflicts with the federal standards. State and local laws and regulations need to be aligned with either the Charitable Choice or the Equal Treatment rules. However, states may wish to incorporate the federal language into their own laws to ensure equal opportunity to faith-based providers when the funds are exclusively state or local.
- What does it take for state and local policy and practice to confirm to the new federal standards? Do statutes or regulations need to be amended? Does a program require redesign? Should "Request For Proposal" (RFP) or "Request For Application" (RFA) language be clarified, expanded, or significantly rewritten? Do any contract or grant requirements need to be changed?
- The only way to know is to assess documents, policies, and practices against the federal Charitable Choice or Equal Treatment standards—to conduct a process to identify and remove barriers. The fact that an agency has awarded grants or contacts to religiously affiliated providers does not answer the question whether policies and practices require reform. The issue is not whether a state or local agency supports faith-based providers, but on what terms such providers can participate.
