Civil Rights Review Orientation Claudia Hayes Skinner Helena Hendrix-Frye Independent Consultants Claudia Hayes Skinner Helena Hendrix-Frye Independent Consultants

O verview –Purpose of Civil Rights Reviews and Why CTE is so Interrelated –Federal Laws and Regulations –Scope of Civil Rights On-Site Visit Program Compliance Facility Compliance –Pre-Review Request for Information

What do the civil rights reviews have to do with CTE? As a result of a law suit in 1973, the U.S. Department of Health, Education and Welfare, now the Department of Education, was directed to enforce civil rights requirements in vocational education programs by performing compliance reviews, a survey of enrollment and related data, and prepare the Vocational Education Program Guidelines for Eliminating Discrimination and Denial of Services on the Basis or Race, Color, National Origin, Sex, and Handicap (Guidelines). The Guidelines continue to detail the application of the related federal laws to present Career and Technical Education programs.

Purpose of the Civil Rights Reviews Fulfill obligations of DPI to the U.S. Department of Education’s Office for Civil Rights (OCR) to review and/or assist schools, districts, and educators to be in compliance with the requirements of federal civil rights laws using the “Guidelines”. –Ensuring that school district policies, procedures and practices related to federal civil rights laws meet basic standards, and are known about and implemented.

Compliance is a shared responsibility Who should be involved?:  Superintendent  CTE Administrator with CDC/SPC/IMC  Director of Facilities/Maintenance/Construction  Director of Human Resources  Title IX Coordinator  504 Coordinator  Directors of Special Education, Guidance, and ESL/LEP  Building Administrators

Federal Laws and Regulations Title IX of the Education Amendments of 1972 Prohibits discrimination on basis of sex in education programs receiving federal funding 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 Title II of the Americans with Disabilities Act The “Guidelines”

On-Site Civil Rights Visit Process Orientation –CTE Summer Conference and for individual LEA Pre-Review Request for Information –Electronic format On-Site Review Letter of Findings Voluntary Compliance Plan Monitor

Scope of On-Site Review 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 Facility Compliance –Accessible Facilities** –Comparable Facilities (**Common areas of Non-compliance)

Administrative Basic procedures in place to comply with legal requirements to insure nondiscrimination on the basis of race, color, national origin, sex, or disability. –These basic procedures include: continuous notification; grievance procedure that will allow students and parents an avenue for dealing with alleged discrimination; annual public notice; and designation of a person or persons to coordinate activities under Title IX, Section 504, Title II.

Administrative * common issue of non-compliance Continuous Nondiscrimination Notice –Include in all handbooks, and other major publications, including, if applicable, to limited English speaking communities in their language of national origin, that are disseminated to students, employees, parents and the general public. –Example: The XYZ Schools and its Career and Technical Education Programs does/do not discriminate on the basis of race, color, national origin, sex, religion, disability, or age in its activities and programs, including employment policies and practices.

Administrative Grievance Procedures Board-approved grievance procedures disseminated to students and employees, and, if applicable, to limited English speaking students in their language of national origin. OCR requires that the procedures are included in student and employee handbooks Only providing the procedures on website or in notebook in school office is not sufficient for OCR

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. 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 Published in local newspapers, school publications, or other media that reach students, parents, employees and general public, including minorities, women and persons with disabilities, if applicable, to limited English speaking communities in their language of national origin

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

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

Recruitment  Policies, procedures and/or practices for selecting and using recruitment materials insure that career and occupational opportunities are not limited on the basis of race, color, national origin, sex, or disability.  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 than English Orientation session? Parent night?

Admission Admission criteria to CTE programs does not discriminate on the basis of race, color, national origin, sex, or disability. –Provide access to CTE courses to students with a disability despite general perceptions that employment opportunities may be more limited for disabled persons than for non- disabled persons. –Students with limited English proficiency are assessed on their ability to participate in, and benefit from the district’s CTE programs.

Admission continued Demographics –Are your overall CTE enrollment by school demographics similar to the demographics of each school? If not, is there a legitimate nondiscriminatory rationale? –Are your specific CTE program enrollment by school demographics similar to the demographics of the overall CTE enrollment of each school? If not, is there a legitimate nondiscriminatory rationale?

Student Financial Assistance Information about financial assistance is equitably written and includes the nondiscrimination statement. –May include: dues/fees/clothing/transportation –Previous years’ scholarship awards should be representative of LEA/school demographics. –Persons with limited English proficiency receive information about financial assistance in their own language.

Career Guidance and Counseling Services Nondiscriminatory promotional/recruitment materials, scheduling methodologies, counseling of LEP, disabled, and female/male students –Counselors may not counsel students with disabilities toward more restrictive career objectives than non-disabled students with similar abilities and interests. –Counselors may not counsel students toward gender specific career choices. –Counselors must be able to effectively communicate with students with limited English language skills, and students who have hearing impairments.

Services for Students with Disabilities No qualified person with a disability [IDEA, 504, ADA] may be denied access to, or benefits from any course, program, service, or activity on the basis of their disability. –Related instructional aids or aides must be available as necessary. –Tests of academic achievement must measure abilities and achievement, rather than disability. –Students with disabilities must be placed in the educational setting most appropriate for the student’s individual needs. [LRE]

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 a written assurance of nondiscrimination that is signed by employer and school personnel.

Employment 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 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

Facility Compliance continued 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…”

Facility Compliance continued Several factors to consider –When was the date of construction? Readily Accessible: Before 6/1977 ANSI: From 6/ /90 UFAS: From 1/ / ADA: After 1/ After 3/15/2012 –Has there been a “substantial alteration” of room, wing, and/or building? Use above dates and standards for that “altered” area

Facility Compliance continued Frequent areas of accessibility non-compliance –Signage: accessible entrance, restrooms and stairwells

Facility Compliance continued –Restrooms: stall size, grab bars, and dispenser height

Facility Compliance continued –Parking: required spaces and paths of travel to entrance

Facility Compliance continued –Paths of travel: ramps and walkways

Facility Compliance continued Violations: ramps and walkways

Comparable Facilities Separate facilities are provided for male/female and disabled/non- disabled students should be similar in quality and convenience to facilities. –Any separate facilities for male, female or students with disabilities should be located in similar proximity to the associated classrooms, gymnasium, or labs.

Pre-Review Request for Information Information needed prior to On-site visit to expedite review process. Changed to electronic format that significantly reduced the need for hardcopies to be printed, shipped and stored.

Pre-Review Request for Information Demographics –Are your CTE enrollment demographics similar to the demographics of the LEA?…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?

On-Site Civil Rights Visit Process Orientation for LEA Pre-review Request for Information On-Site Visitation Letter of Findings Voluntary Compliance Plan Monitor

Questions?????

2013 Civil Rights Review Orientation: Basics for Compliance Claudia Hayes Skinner Helena Hendrix-Frye Independent Consultants CTE Support Services NCDPI