Achieving and/or Maintaining Civil Rights Compliance

Title IX Coordinators’ MeetingSeptember 21,2007

William A. Hatch, M.A., J.D. NC DPI, Civil Rights Coordinator

Achieving and/or Maintaining Civil Rights Compliance

OverviewFederal Laws and RegulationsCivil Rights On-Site Compliance Visits

Program ComplianceFacility Compliance

AthleticsExtracurricular ActivitiesGiving your schools the “Would you feel

welcomed?” test

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.

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.

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)

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

Title II of the Americans with Disabilities Act

On-Site Civil Rights Visitations

Pre-visitation Request for InformationOrientation for LEAOn-Site VisitationLetter of FindingsVoluntary Compliance Plan

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

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

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”?

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, religion or 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 TitleOffice Address Telephone No.

*Name and/or Title *(if two different persons are designated)Office Address Telephone No.

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?

Administrative

Notification of grievance procedures for students and employees who feel they are discriminated against on based on race, color, national origin, sex, or disabilityAre grievance procedures included in your:

Student handbook?Employee handbook?

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

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

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?

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?

Admission

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

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

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

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

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

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.

Facility Compliance

Accessible FacilitiesStudents 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

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?

Facility Compliance

Comparable FacilitiesLEA’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.

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.

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

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.

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.

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. 

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?

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”.

Achieving and/or Maintaining Civil Rights Compliance

Bill Hatch NC DPI / CTE Support ServicesCivil Rights Coordinator 919.807.3872whatch@dpi.state.nc.us