Affirmative Action Provided to the Pompton Lakes Public School Staff Inservice Day: September, 2016 Affirmative Action

What is Affirmative Action? Affirmative Action is a belief or a conviction that all staff and students have a right to be treated with equal fairness and to have the maximum opportunity to reach their fullest potential.

Formal Definition of Affirmative Action: “A policy or a program that seeks to redress past discrimination through active measures to ensure equal opportunity, as in education and employment”. Source: www.dictionary.com

Timeline/History of Affirmative Action Events March 6th 1961 – Executive Order 10925 John F. Kennedy issued the first executive order, which makes reference to affirmative action. Created the Committee on Equal Employment Opportunity, which says that any projects financed with federal funds “take affirmative action” to ensure that hiring and employment actions are free from racial bias. July 2nd 1964 – Civil Rights Act Prohibits discrimination based on race, color, religion, or national origin. Signed by President Lyndon B. Johnson September 24th 1965 – Executive Order 11246 Requires government contractors to consider perspective minority employees while hiring for jobs. This order also requires documentation of these efforts. October 13th 1967, this order was amended to include gender discrimination. June 28th 1978 – Regents of the University of California vs. Bakke A Supreme Court decision that set a precedent that affirmative action should not lead to reverse discrimination. A majority group will not be discriminated due to providing greater opportunities to minorities. February 25th 1987 – United States vs. Paradise A federal court found that the State of Alabama Department of Public Safety systematically discriminated against blacks in their hiring practices. In 37 years, the department never hired a black trooper. The court ruled: for every white hired or promoted, one black should also be hired or promoted until at least 25% of the upper ranks of the department were composed of blacks. November 3rd 1997 – Proposition 209 (California) “The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” December 13th 2000 – University of Michigan affirmative action policy upheld In Gratz vs. Bollinger, a federal judge ruled using race as a factor in admissions was constitutional. The University of Michigan’s argument was that by providing minorities with preferences, it enhanced the university’s diversity and student body. June 24, 2013 In Fisher v. University of Texas, the court allows universities to continue considering race as a factor in admissions to achieve diversity, but tells them that they must prove that “available, workable race-neutral alternatives do not suffice” before considering race. The court ruled 7–1 to send the case back to the U.S. Court of Appeals for the Fifth Circuit for further review to determine if the school passed the test of "strict scrutiny," the highest level of judicial review. The ruling is considered a compromise between the court's conservative and liberal factions. On July 15, 2014, a federal appeals court upheld the UT-Austin's consideration of race in admissions in a 2–1 decision.

What It Takes “It takes committed teachers and administrators willing to set high expectations and offer engaging curricula that make strong personal connections for their students. It takes schools where students are not just prepared to take and pass standardized tests, but where they are taught how to play a conscious , active role in society, how to recognize and combat racism and other institutionalized inequities and how to work in pursuit of the dream of social and global justice”. Anita Perna Bohn, Illinois State University

Affirmative Action Officer The Affirmative Action Officeris granted the responsibility to coordinate and implement the district’s efforts to comply with the regulations of N.J.A.C. 6A:7 and to promote a working and learning environment free of discrimination on the basis of race, color, national origin, religion, gender, sexual orientation and identification, age or disability. The Affirmative Action Officer is granted the “responsibility to facilitate, oversee and ensure the development and implementation of school and classroom practices and plans, employment and contract practices plan, school desegregation plan as well as related inter-program coordination. The Affirmative Action Officer(s) shall ensure that the District upholds all regulations, codes and laws related to equity in the schools.”

Director of Special Services Our PLPS AAO Dr. Michelle Fenwick Director of Special Services michellefenwick@plps.org 973-835-4722 ext. 23/973-835-7100 ext.1540 OR For appointments call Barbara Fontanazza (ext. 24/ext.1541)

Functions of the aaO Provide annual training for all staff. Oversee the district’s affirmative action/equity plan. Distribute information about affirmative action and grievance procedures. Monitor compliance to the laws. Investigate grievances and provide solutions. Maintain records and reports. Attend conferences and training.

AAO Protections Any member of subordinate group whose members have or are perceived to have significantly less control or power over their lives than members of a dominant or majority group. race, color, creed, religion, national origin, ancestry, age, marital or domestic partnership or civil union status, sex, gender identity or expression, affectional or sexual orientation, social or economic status, or disability.

WITH TRAINING COMES RESPONSIBILITY We must be a part of solutions. We must address the issue in our classrooms. We must address the issue in our schools. We must protect our students and staff.

What can harassment look like: Student on Student Staff on Student Student on Staff Staff on Staff Staff on Parent Parent on Staff

What else does affirmative action cover? Intolerance Unwillingness or refusal to tolerate or respect contrary opinions or beliefs of different races or backgrounds or other identifying characteristics.

Who does affirmative action protect? EVERYONE Teachers Instructional Aides Administrators Secretaries Custodians Support Staff Students

If I think I experienced discrimination… Contact Michelle Fenwick, AAO, for an appointment. Fill out the district grievance form There will be an intake session and an investigation launched The results/conclusion of the investigation will be sent to you in writing You are guaranteed confidentiality but not anonymity as witnesses will need to be questioned

Steps of a Grievance Step 1- Affirmative Action Officer initiates a grievance and investigation Step 2- If not satisfied with results may appeal to the Superintendent or designee Step 3- If not satisfied may appeal to the BOE Step 4- If not satisfied may appeal to the County Commissioner of Education The grievant has the right to by-pass this process and appeal directly to the Commissioner, EEOC, US Office of Civil Rights USDOE, or NJ Division of Civil Rights

PLPS AA Policies

PLPS AA Policies

Commitment The Pompton Lakes School District remains dedicated to assure staff members and students of a safe working environment free of discrimination. Please feel free to contact your AAO (Michelle Fenwick) with any questions or concerns.

Resources for Further Information New Jersey State Division on Civil Rights http://www.state.nj.us/lps/dcr U.S. Department of Education Office of Civil Rights http://www.ed.gov/about/offices/list/ocr/index.html?src=mr U.S. Department of Justice Civil Rights Division http://www.usdoj.gov/crt/ American Association for Affirmative Action http://www.affirmativeaction.org http://www.dol.gov/dol/topic/hiring/affirmativeact.htmSouthern Law Center: www.tolerance.org Equity Assistance Center/NYU: www.steinhardt.nyu.edu/metrocenter/EAC.html National Alliance for Partnerships in Equity: www.napequity.org USDOE Office of Civil Rights: www.ed.gov/ocr

Thank you