MOA Civil RightsReview Federal Program Monitoring - VDOE
The mission of the Office for Civil Rights is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights. • Title VI of the Civil Rights Act of 1964 (prohibiting discrimination based on race, color, and national origin) 34 CFR Part 100 • Title IX of the Education Amendments of 1972 (prohibiting discrimination based on gender) 34 CFR Part 106 • Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination based on disability) 34 CFR Part 104 • Title II of the Americans with Disabilities Act of 1990 (prohibiting discrimination based on disability) 28 CFR Part 35 • The Vocational Education Programs Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap, “The Guidelines”, Federal Register, March 21, 1979, Vol. 44, No. 56
Why me? In 1973, the Department of Health, Education, and Welfare was sued for its failure to enforce Title VI in a number of education areas, including vocational education (Adams v. Califano). As a result of this litigation, the Department was directed to enforce civil rights requirements in vocational education programs through compliance reviews, a survey of enrollments and related data, and the issuance of guidelines explaining the application of Title VI regulations to vocational education.
How did my division get so lucky? PHASE I Desk Audit of Subrecipients in Target Pool: • AYP data • Student ethnic/gender/disability demographics • Web site review • Enrollment data • CTE programming • Staff demographics/pay • Parent/student and staff policies/procedures manuals
PHASE II On-site visit of four (4) top ranking subrecipients: -Review of requested materials -Interview of Central office administrators Secondary schools’ staff and CTE students -Building Accessibility review -Oral Exit Interview What’s happens next? • Written report containing recommendations, findings, and commendations forwarded to division within 30 calendar days
Required Areas of Review • Administrative(Annual Notice of Nondiscrimination, Continuous Notice of Nondiscrimination, Grievance Procedures) • Recruitment(demographics of recruitment team, recruitment materials and practices) • Accessibility(structure of areas within facilities and their grounds) • Services for Students with Disabilities(accommodations and modifications provided) • Student Financial Assistance(formal and informal assistance provided) • Counseling and Pre-career and Technical Programs(promotional/recruitment materials, scheduling methodologies, counseling of LEP students) • Site Location(of CTE programs/courses and technical centers) • Work Study, Cooperative Education, Job Placement & Apprentice Training(provision of opportunities to all, workplace agreements, placement methodology) • Employment (hiring and promotion practices, application forms and materials, salary scales) • Access and Admissions(admissions procedures and practices, applications, provisions for LEP students) • Comparable Facilities(facilities programs and services provided for males/females and disabled/nondisabled)
Of the required review areas the vast majority of findings are in the areas of: • Accessibility (70%+) • Administrative -Annual Notice (10%+) -Continuous Notice (10%+) • Work Study, Cooperative Education, Job Placement and Apprentice Training (2%) • Financial Aid (2%) Review Findings
What’s next? Division develops a Voluntary Compliance Plan (VCP) What is a VCP? A VCP is a written plan developed by the division outlining the exact procedures and actions it will take to correct findings. What are findings? Findings are items or issues found to be out of compliance during the review . What are the required components of a VCP? A VCP must include: -What will be corrected (finding) -The planned corrective action -Timeline for the corrective action (date of completion) -Person(s) responsible for the completion of the corrective action. -Signature of a person within the division with the authority to make the plan binding (ex. superintendent)
Division Timelines • Review of draft LOF and response within 15 calendar days ACCEPTANCEQUESTIONS Notify VDOE and a) Technical assistance provided proceed to step 2 b) Additional on-site visit (rare) • Develop VCP and forward to VDOE within 30 calendar days • Complete VCP in time specified and forward “acceptable evidence of completion” to VDOE. Acceptable evidence of completion includes but is not limited to: invoices, completed work orders, newspaper postings, brochures, School Board minutes (policy changes) and digital photos
Then what? Upon receipt of acceptable documentation which supports successful completion of the entire VCP, a letter of closure will be forwarded to the division superintendent! It’s over!!
Contact Information • Virginia Department of Education • Dr. Sandra Ruffin, Director, Federal Program Monitoring 804-225-2768 or Sandra.Ruffin@doe.virginia.gov • Bonnie B. English, Monitoring Specialist- Civil Rights (MOA Coordinator) 804-225-2618 or Bonnie.English@doe.virginia.gov • Office for Civil Rights • 202-208-7797 or OCR.DC@ed.gov