Achieving and/or Maintaining Civil Rights Compliance
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Achieving and/or Maintaining Civil Rights Compliance Title IX Coordinators’ Meeting September 21,2007 William A. Hatch, M.A., J.D. NC DPI, Civil Rights Coordinator . Achieving and/or Maintaining Civil Rights Compliance. Overview Federal Laws and Regulations

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Achieving and/or Maintaining Civil Rights Compliance

Title IX Coordinators’ Meeting

September 21,2007

William A. Hatch, M.A., J.D.

NC DPI, Civil Rights Coordinator


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Achieving and/or Maintaining Civil Rights Compliance

  • Overview

    • Federal Laws and Regulations

    • Civil Rights On-Site Compliance Visits

      • Program Compliance

      • Facility Compliance

    • Athletics

    • Extracurricular Activities

    • Giving your schools the “Would you feel welcomed?” test


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Disclaimer

  • This session is intended to provide general information. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought in particular matters.


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Disclaimer

  • This session is intended to provide general information. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought in particular matters.


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Federal Compliance Requirements of the U.S. Department of Education

  • Title IX of the Education Amendments of 1972

    • Prohibits discrimination on basis of sex in education programs receiving federal funding

    • http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr106.html

  • Section 504 of the Rehabilitation Act of 1973

    • Prohibits discrimination on the basis of handicapped in any program or activity receiving federal funding

  • Title VI of the Civil Rights Act of 1964

    • Prohibits discrimination on the basis of race, color and national origin in any program receiving federal funding

  • Vocational Education Program Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap (Guidelines)


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    Federal Compliance Requirements of the U.S. Department of Justice

    • Title II of the Americans with Disabilities Act


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    On-Site Civil Rights Visitations

    • Pre-visitation Request for Information

    • Orientation for LEA

    • On-Site Visitation

    • Letter of Findings

    • Voluntary Compliance Plan


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    Scope of On-Site Visitations

    • Program Compliance

      • Administrative

      • Site Location and Student Eligibility

      • Recruitment

      • Admission

      • Student Financial Assistance

      • Career Guidance and Counseling Service

      • Cooperative Education, Job Placement and Apprentice Training

      • Employment Criteria

    • Facility Compliance

      • Accessible Facilities

      • Comparable Facilities


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    Administrative

    • Annual Nondiscrimination Notice

      • Prior to the start of the school year, LEAs must advise students, parents, employees and general public that all CTE opportunities will be offered w/o regard to race, color, national origin, sex, or disability.

      • May be printed in local newspapers, school publications, or other media that reach students, parents, employees and general public, including minorities, women and disabled


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    Administrative

    • Annual Nondiscrimination Notice (cont’d)

      • Notice includes a brief summary of program offerings and admission criteria; and name, address and telephone number of person designated to coordinate Title IX and Section 504

      • “Communities” of national origin minority persons must have materials disseminated to that community in its language and ensure language not barrier to access to programs

        • What constitutes a “community”?


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    Administrative

    • Example of Annual Notice of Non-discrimination

    • XYZ Schools offer a wide range of Career and Technical Education programs, including Agricultural Sciences, Business Education, Career Development, ......... and Trade and Industrial Education. Special Populations are also available for Disadvantaged and Handicapped Students.

    • The XYZ Schools and it’s Career and Technical Education Programs do not discriminate on the basis of race, color, national origin, sex, disability, religionor age in its activities and programs, including employment policies and practices.

    • The following person(s) has/have been designated to handle inquiries regarding the non-discrimination policies:

      Name and/or Title

      Office Address

      Telephone No.

      *Name and/or Title *(if two different persons are designated)

      Office Address

      Telephone No.


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    Administrative

    • Continuous Nondiscrimination Notice

      • Example: The XYZ Schools and it’s Career and Technical Education Programs do not discriminate against any person on the basis of race, color, national origin, sex, religion, disability, or age in its activities and programs, including employment policies and practices.

      • Is it in your:

        • Brochure for programs and activities?

        • Student/parent/employee handbook?

        • Job announcements/applications?

        • Website?

        • School Newspaper?


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    Administrative

    • Notification of grievance procedures for students and employees who feel they are discriminated against on based on race, color, national origin, sex, or disability

      • Are grievance procedures included in your:

        • Student handbook?

        • Employee handbook?


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    Site Location and Student Eligibility

    • Students’ eligibility criteria for admission to LEA facilities or programs do not discriminate on basis of race, color, national origin, sex, or disability


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    Site Location and Student Eligibility

    • Schools and CTE sites are readily accessible to minority and non-minority communities and location does not have an effect of segregation

    • Students’ eligibility criteria for admission to CTE facilities or programs do not discriminate on basis of race, color, national origin, sex, or disability


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    Recruitment

    • All potential students have access to course information, and LEA makes an effort to reach under-represented groups

      • Do you have:

        • Recruitment plans?

        • Brochures and materials for recruiting purposes with persons of differing races, sexes, and disabilities?

        • Brochures available for students and parents who speak languages other then English

        • Orientation session?

        • Parent night?


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    Admission

    • Are your CTE enrollment demographics similar to the demographics of the school?

      • If not, is there a legitimate nondiscriminatory rationale?

    • Are your specific CTE program enrollment demographics similar to the demographics of the entire CTE enrollment?

      • If not, is there a legitimate nondiscriminatory rationale?


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    Admission

    • Application forms and materials do not request information about marital, parental or disability status.


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    Student Financial Assistance

    • Information about financial assistance is equitably written and includes the nondiscrimination statement

    • National origin minority persons with limited English language skills receive information about financial assistance in their own language


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    Career Guidance and Counseling Services

    • Do you have a written guidance plan, policy and procedures which ensures nondiscrimination?

    • Do counselors or counseling materials discourage students with disabilities from participating in CTE programs?

      • May not counsel students with disabilities toward more restrictive career objects then non-disabled students with similar abilities and interests.

      • Important to have CTE staff involved in IEP process


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    Career Guidance and Counseling Services

    • Do counselors or counseling materials discourage students, or encourage students according to their sex from participating in CTE programs, or into traditional areas?

      • May not counsel students toward gender specific career choices.

      • Non-Traditional Careers


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    Cooperative Education, Job Placement and Apprentice Training

    • Students in cooperative education, and job placement programs are representative of the demographics for the school or program [if there is a disparity, a legitimate nondiscriminatory rationale must be provided]

    • Workplace agreements must contain an assurance of nondiscrimination that is signed by employer and school personnel


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    Employment Criteria

    • Employment practices are conducted without regard to race, color, national origin, sex, or disability of applicants or employees

    • Application forms and materials are free from prohibited questions concerning disability or marital or parental status

    • Faculty and non-faculty salaries are based upon the conditions and responsibilities of employment without regard to race, color, national origin, sex, or disability.


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    Facility Compliance

    • Accessible Facilities

      • Students with disabilities may not be excluded from enjoying the benefits of the school’s program or services because its facilities are inaccessible to or are unusable by person with disabilities


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    Facility Compliance

    • What is a “facility”?

    • Title II of the ADA

      • “…all or any portion of buildings, structures, sites, complexes, equipment …roads, walks, passageways, parking lots, or other personal property…”

    • Section 504

      • “…all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property…”

    • Several factors to consider [trust me this can get complicated]:

      • When was the date of construction?

      • Has there been an “alteration” of room, wing, and/or building?


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    Facility Compliance

    • Comparable Facilities

      • LEA’s may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.


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    Athletics(Addressed but not included in On-site Review)

    • Participation: Title IX is not a quota system. Every institution has three options to demonstrate fairness in athletic opportunities. Schools can show that they comply with Title IX if they can demonstrate any one of the following:

    • Substantially proportionate athletic opportunities for male and female athletes;

    • A history and continuing practice of expanding opportunities for the under-represented sex;

    • Full and effective accommodation of the interests and abilities of the under-represented sex. Schools do not necessarily need to offer identical sports, yet they do need to provide an equal opportunity for females to play in sports of interest.


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    Athletics(Addressed but not included in On-site Review)

    • Additional Athletic Program Components: Title IX also mandates equal treatment in the provision of:

      • Coaching

      • Equipment and supplies  

      • Game and practice times

      • Locker rooms

      • Medical and training facilities

      • Practice and competitive facilities

      • Publicity

      • Tutoring opportunities


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    Athletics(Addressed but not included in On-site Review)

    • The standard for compliance is one of quality rather than quantity. The actual amount of money spent on women's and men's programs may differ as long the quality of facilities and services for each program achieve parity.

      • For example, equipment needed for men's football may cost more than equipment needed by women's field hockey. Title IX compliance is achieved as long as both teams are given equipment of comparable quality. However, Title IX is violated if a community builds a state-of-the-art field and locker facilities for males, but requires female athletes to share a field owned by a local community center.

        • In this example, quality of facilities is far from equitable, and Title IX is violated.


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    Athletics(Addressed but not included in On-site Review)

    • If booster clubs provide benefits and services to athletes of one sex that the school cannot provide to athletes of the other sex, then the school should take action to ensure that benefits and services are equivalent for both sexes.


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    Extracurricular Activities (Addressed but not included in On-site Review)

    • The regulations require that:

      • The student enrollment in any single-sex class or extracurricular activity must be completely voluntary. 

      • The recipient provide to all students, including the students excluded from the single-sex class or extracurricular activity based on sex, a substantially equal coeducational class or extracurricular activity in the same subject or activity. 


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    Giving your schools the “Would you feel welcomed?” test

    • What do your LEA’s student demographics look like when broken down by: schools…program areas…courses ...athletic participation?

    • What would you think if you used a wheelchair?

    • What if you did not speak English?

    • What if you were a person of a minority race or color in the school or CTE program?

    • What if you were visually impaired?


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    Questions and Responses

    Ask now or write down your questions on index cards provided at your table.

    *However, please note of the use of the word “responses”.


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    Achieving and/or Maintaining Civil Rights Compliance

    Bill Hatch

    NC DPI / CTE Support Services

    Civil Rights Coordinator

    919.807.3872

    whatch@dpi.state.nc.us