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Right is Right! When is Right Wrong? Shannon Baker, Consultant Special Populations, Civil Rights, Equity NCDPI Shannon Baker, Consultant Special Populations, Civil Rights, Equity NCDPI
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Objectives Become familiar with the laws that govern CTE; Explore the medical exemption process for CTE courses as it relates to NC; Gain a better understanding on how to advocate for CTE students based on civil rights laws.
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And the laws are… Title VI of the Civil Rights Act of 1964 Title IX of the Education Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Age Discrimination Act of 1975 Title II of the Americans with Disabilities Act of 1990 Boy Scouts of America Equal Access Act
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Title VI (Civil Rights Act) No person in the US shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
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Title IX No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance... Background
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Section 504 Guarantees rights to people with disabilities.
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Age Discrimination Prohibits discrimination based on the age in programs or activities that receive federal financial assistance.
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Title II (ADA) Title II prohibits disability discrimination by all public entities at the local (i.e. school district, municipal, city, county) and state level. Disability is defined by the ADA as "...a physical or mental impairment that substantially limits a major life activity."
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Boy Scouts No school receiving Department of Education funds shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in title 36 of the United States Code (as a patriotic society)….
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CTE-based Laws Carl Perkins Vocational and Applied Technologies Education Act of 1990 Vocational Educational Programs Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National
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CTE Endorsed Laws Individuals with Disabilities Education Act (IDEA) Free and Appropriate Public Education (FAPE)
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Legal Eagle Group Activity Each group will receive a case study based on the laws presented. Review your case and state which law(s) (if any) are being violated and why. Prepare to present your case. Feel free to use the internet to research specific verbiage relating to your scenario.
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Resources US Department of Education (www.ed.gov) Wikipedia (www.wikipedia.com)
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Medical Exemptions Purpose: Circumstances in which a student cannot take their state postassessment. Issues: LEAs were not submitting complete packets –Missing signatures & student information, –No supporting documentation, –Waivers did not include specific CTE courses.
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Updated Form Benefits: Electronic; Requests all information needed in a two- page document; Supports testing coordinator (from local to LEA level) in ensuring that required documentation is received by NCDPI, preventing delayed and/or denied requests.
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Activity: Analyzing a Medical Waiver Your group will receive a copy of a submitted medical waiver from an LEA. Given the guidelines on how to complete a medical waiver, answer the following questions: Does this medical waiver have a greater chance of being accepted or denied? If not, what information is missing or incomplete that would cause it to be denied or delayed pending additional information?
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