Title IX Coordinator Training. National Women’s Law Center CT State Department of Education, Bureau of Choice Programs. Presenter. Neena Chaudhry Senior Counsel National Women's Law Center 11 Dupont Circle · Suite 800 Washington, DC 20036 Tel: (202) 588-5180 Fax: (202) 588-5185
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National Women’s Law Center
CT State Department of Education, Bureau of Choice Programs
Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibits sex discrimination in education and in education employment.
The public schools shall be open to all children five years of age and over who reach age five on or before the first day of January of any school year, and each such child shall have, and shall be so advised by the appropriate school authorities, an equal opportunity to participate in the activities, programs and courses of study offered in such public schools, at such time as the child becomes eligible to participate in such activities, programs and courses of study, without discrimination on account of race, color, sex, religion, national origin, or sexual orientation; provided boards of education may, by vote at a meeting duly called, admit to any school children under five years of age.
Intentional decisions to treat people
differently because of their sex
Practices that do not explicitly or intentionally target girls or boys but that nonethelessharm them – called “disparate impact” discrimination
Retaliation – adverse action taken against an individual because s/he protested discrimination.
Any form of adverse treatment, which for employees can include:
Any form of adverse treatment, which for students can include:
Athletics policies promulgated by the OCR have three basic requirements:
1. Schools must offer male and female students equal opportunities to participate in sports.
2. Schools must allocate scholarship dollars equitably.
3. Schools must treat male and female athletes fairly in all aspects of athletics.
Schools will be providing equal participation opportunities to their male and female students if:
Under new “Additional Clarification”:
1996 Clarification can be found at http://www.ed.gov/about/offices/list/ocr/docs/clarific.html
Boys’ and girls’ athletics programs must be equal overall,* e.g., with regard to:
* No “booster club” exception
A Common Problem Compliance
Girls’ softball field at Bowie High School in Prince George’s County, Maryland
Boys’ baseball field at Bowie High School in Prince George’s County, Maryland
Both Title IX and the U.S. Constitution set limits on when single sex programs are permissible.
Compensatory purposes – i.e., to overcome gender-based barriers that have limited opportunities for students of one gender
Evaluate fit between means and justifiable ends
Unless the single sex program is adopted for affirmative action purposes, a school must show that each gender is treated equally in all tangible and intangible ways.
(N.C.G.S.A. § 115C-375.5)
A student’s absences due to the illness or medical appointment during school hours of her child must be excused if she is the custodial parent.
Homework and make-up work shall be made available to pregnant and parenting students during absences and, to the extent necessary, a homebound teacher shall be assigned.
25% of girls do not graduate from high school on time with a standard diploma
Rates for girls of color even worse:
Native American/Alaskan Native: 50%
Est. % Dropouts for Class of 2003-04
Source: EPE Research Center, Diplomas Count: Ready for What? Education Week, June 2007.
One-third of female dropouts say that becoming a parent was a major factor in their decision to leave school.
Those who left school to care for a family member or child were “most likely to say they would have worked harder if their schools had demanded more of them and provided the necessary support.”
Source: Gates Foundation Dropouts Survey, September/October 2005
No child care
Lack of stable and supportive
Involvement with interpersonal violence
Lack of supportive adults and peers
Decreased Attendance/Increased Tardies
Diminished academic achievement
Failure to believe education is valuable
Discrimination by school officials
Supportive services are not readily available.
Students are not aware of available supportive services.
P/P students aren’t aware of their rights to an equitable education under the law.
Schools aren’t aware of their obligation to provide an equitable education to P/P students.
Designate and train Title IX Coordinators!
Create access to social services and case management; child care; classes in parenting skills, prenatal care, and child development; transportation assistance; mentoring programs.
Ensure alternative scheduling and attendance arrangements; physical accommodations; excused absences for child’s illness or medical appts; allowance of make-up work for excused absences.
Monitor educational progress of P/P students; individualized grad plans.
Increase outreach efforts to re-enroll students who have dropped out; transition support to post-secondary education, training, or employment services.
Los Angeles Unified School District (LAUSD) Teen Parenting Program and Policy Bulletin on “Pregnant and Parenting Students’ Educational Rights”
Seek out and educate P/P students about their rights.
Commit to making “reasonable adjustments” as with other “medical conditions.”
Acknowledge right to confidentiality.
Provide the option of enrollment at 1 of 2 pregnant minor high schools w/in district.
Offer limited child care services at school-based centers.
Link P/P youth with case management services.
Advocate for continued non-discrimination.
What is affirmative action?
Note that affirmative action plans must be carefully structured to ensure they meet applicable legal requirements.
1. School systems or other recipients of
federal funds must designate at least
one employee as the Title IX coordinator to oversee compliance efforts and investigate any complaints of sex discrimination.
is required to be designated to coordinate compliance with Title IX,
it is the shared responsibility of an entire school district, from top-level administration to individual staff, to foster compliance.
2. All students and employees
must be notified of the names,
office address(es), and telephone number(s) of the designated coordinator(s) of Title IX.
Who is YOUR Title IX Coordinator?
3. Grievance procedures and nondiscrimination policies must be made public.
Require that each recipient publish a statement (notice) that it does not discriminate on the basis of sex in the education programs or activities it operates. The notice must state, at a minimum, that the recipient does not discriminate on the basis of sex in admission to or employment in its education programs or activities. The notice must further state that inquiries to recipients concerning the application of Title IX and its implementing regulations may be referred to the Title IX coordinator or to OCR.
Section 106.9(b) requires that the notice of nondiscrimination be displayed prominently in each announcement, bulletin, catalog, or application form used in connection with recruitment of students or employees. The notice should also include the name, office address, and telephone number for the designated Title IX coordinator.
4. Recipient school systems had to perform a one-time self-evaluation, with obligations to modify practices that did not comply with Title IX.
5. School systems may take remedial and affirmative steps to increase
the participation of students in programs or activities where
bias has occurred.
Put yourself in the position of the alleged harasser and ask:
Assess several factors:
Need to address harassment whenever you become aware of it, whether or not a formal complaint is filed
96% of students understood sexual harassment
69% said their schools had harassment policies
36% said their schools distribute handouts on harassment
But incidence of harassment is still too common:
81% of students have experienced it
Six in ten students experience physical harassment
38% report that teachers and school employees harass studentsGood Policies Are Not Enough
Public Act No. 08-160: An Act Concerning School Learning Environments*
* CGS 10-222d (original ”Bullying Legislation”) no longer exists and is now Public Act No. 08-160
All local school districts must not only develop but must also implement policies on bullying intervention and prevention.
Amends the requirements for what must be in Board of Education bullying policies to include, but not be limited to, the following:
Require teachers and other school staff to notify school administrators in writing if they witness acts of bullying or receive student reports of bullying. (Previously, they had to notify administrators of these events, but not in writing);
Provide that no disciplinary action may be taken solely on the basis of an anonymous report;
Include prevention and intervention strategies, as defined in the act, for school staff to deal with bullying. For instance, such strategies may include, but are not limited to, implementation of positive behavioral interventions and supports, a school survey to determine the prevalence of bullying, etc. Formerly, the law required that only intervention strategies be included and they were not defined;
Require each school, within available appropriations, to report the number of verified acts of bullying to the Department of Education annually; and
Identify the appropriate school personnel responsible for taking a bullying report and investigating the complaint.
Requires each Board of Education to
(A) submit its bullying policy to the Department of Education by February 1, 2009, and
(B) by July 1, 2009, ensure that the policy is included in the school district's publication of the rules, procedures, and standards of conduct for schools and in all student handbooks.
(A) Boards of Education, except in certain circumstances, to include in their in-service training programs for educators information on the prevention of bullying, and
(B) teacher preparation programs to encourage students to complete coursework that includes bullying and suicide prevention
Requires the Department of Education to:
(A) review and analyze board of education bullying policies;
(B) examine the relationship between bullying, school climate and student outcomes;
(C) document school districts’ articulated needs for technical assistance and training related to safe learning and bullying;
(D) collect information on the prevention and intervention strategies used by schools to reduce bullying, improve school climate and improve reporting outcomes;
(E) develop model polices for the prevention of bullying; and
(F) on or before February 1, 2010, to report to the General Assembly on the status of these efforts and any recommendations regarding additional activities or funding to prevent bullying in schools and improve school climate.
The New England Equity Assistance Center staff recommends to districts the following strategies for combating bullying, teasing, and sexual harassment:
When responding to a complaint, be careful that these words don’t come out of your mouth:
Understand the Claim
Create an Investigative Plan
Keep Parties Informed
Be Thorough, Careful and Neutral
Reach and Document Fair Conclusions
Steps reasonably calculated to end the harassment and prevent its recurrence
Steps to eliminate the effects of the harassment by addressing the victim’s injuries:
A parent just reported to you that his 2d grade son told him that a 5th grader had been touching his private parts on the playground for several days.
US Department of Education Office for Civil Rights - Boston33 Arch Street, Suite 900 Boston, MA 02110-1491 Tel: 617-289-00111 Fax 617-289-0150 TTY/TDD: 877-521-2172
OCR on the web: http://www.ed.gov/about/offices/list/ocr/know.html
OCR Electronic Complaint Form: http://www.ed.gov/about/offices/list/ocr/complaintintro.html
The Commission on Human Rights and Opportunities (CHRO)21 Grand Street, Hartford, CT 06106 Tel: 860-541-3400 or 800-477-5737Web site: http://www.state.ct.us/chro/
Click on “Choice Programs”
Program Specialist/Gender Equity
New England Equity Assistance Center
Education Alliance at Brown University
222 Richmond Street, Suite 300
Providence, RI 02903
Telephone: (401) 274-9548 X272
Fax: (401) 351-9594
Email: [email protected]
PFLAG National Office1726 M Street, NW Suite400 Washington, DC 20036Tel: (202) 467-8180Fax: (202) 467-8194Website: http://www.pflag.org/
GLSEN National Office121 West 27th Street, Ste 804New York, NY 10001Tel: 212-727-0135.Fax: 212-727-0254E-mail: [email protected]: http://www.glsen.org/