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Download Missouri Department of Elementary and Secondary Education Gavin Allan OCR MOA Coordinator Office Of Career and College Readiness Civil Rights Compliance

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  • Slide 1
  • Missouri Department of Elementary and Secondary Education Gavin Allan OCR MOA Coordinator Office Of Career and College Readiness Civil Rights Compliance Reviews What schools need to know to prepare for an on-site visit
  • Slide 2
  • Contents 2 Background of why DESE conducts Civil Rights Compliance Reviews Background of why DESE conducts Civil Rights Compliance Reviews What Civil Rights laws are used for the reviews? What Civil Rights laws are used for the reviews? Explanation of the eleven (11) Civil Rights Compliance Guidelines Explanation of the eleven (11) Civil Rights Compliance Guidelines Contact for further assistance Contact for further assistance (Please note that throughout this document and other OCR information that the terms vocational education, career and technical education, and career education are used interchangeably.)
  • Slide 3
  • 3 Why does DESE conduct Civil Rights Compliance Reviews? In 1973, the U.S. Department of Health, Education and Welfare was sued for its failure to enforce Title VI in a number of education areas, including vocational education (Adams v. Califano). As a result of this litigation, the Department was directed to enforce civil rights requirements in vocational education programs through compliance reviews. The Vocational Education Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap were issued March 15, 1979. These guidelines explain how civil rights laws and regulations apply to vocational education and the Civil rights responsibilities of recipients of Federal financial assistance offering or administering vocational programs. (http://ed.gov/about/offices/list/ocr/docs/vocre.html)http://ed.gov/about/offices/list/ocr/docs/vocre.html
  • Slide 4
  • 4 What Civil Rights laws apply for the reviews? Title VI of the Civil Rights Act of 1964 (Title VI), 34 CFR Part 100 (covering race, color, national origin including English language learners) Title IX of the Education Amendments of 1972 (Title IX), 34 CFR Part 106 (covering gender) Section 504 of the Rehabilitation Act of 1973 (Section 504), 34 CFR Part 104 (covering people with disabilities) Title II of the Americans with Disabilities Act of 1990 (Title II), 28 CFR Part 35 (covering people with disabilities) Vocational Education Programs Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap (Guidelines), 34 CFR Part 100 Appendix B (Guidelines) (The full text of these laws can be found at: http://www2.ed.gov/policy/rights/reg/ocr/index.html) http://www2.ed.gov/policy/rights/reg/ocr/index.html
  • Slide 5
  • What are the eleven (11) Civil Rights Compliance Guidelines? 5 I. Administrative Administrative II. Recruitment Recruitment III. Admissions Admissions IV. Student Financial Assistance Student Financial Assistance V. Counseling and Pre-Vocational Programs Counseling and Pre-Vocational Programs VI. Students with Disabilities Students with Disabilities VII. Accessibility Accessibility VIII. Comparable Facilities Comparable Facilities IX. Work Study, Cooperative Education, Job Placement, Apprenticeship Training X. Employment Employment XI. Site Selection and Student Eligibility Criteria Site Selection and Student Eligibility Criteria
  • Slide 6
  • Civil Rights Compliance Guidelines: I. Administrative 6 A recipient must: A. Notify patrons of its nondiscrimination and harassment policies B. Notify patrons of bias-free accessibility to vocational programs C. Designate at least one employee to coordinate efforts to comply with Section 504, Title II, and Title IX D. Adopt and publish a grievance procedure to provide for prompt resolution of discrimination complaints E. Title VI, Title IX and Section 504 require a signed statement of assurance Title VI: 34 CFR 100.4; Title IX: 34 CFR 106.4, 106.9, 106.8, 106.8(b), Section 504: 34 CFR 104.5, 104.8, 104.7(a), 104.7(b); Title II: 28 CFR 35, 107(a), 107(b) Guidelines: IV-O
  • Slide 7
  • Indicators of Compliance: I. Administrative 7 A variety of publications, available to applicants, students, employees, and parents, contain the nondiscrimination statement and harassment policy. The recipient issues an annual public notice of nondiscrimination in all programs, including vocational programs. The notice is also disseminated in the language of any minority group residing in the community. The governing board has appointed a Title IX, Section 504 coordinator(s). The name(s), address and phone number of this person(s) is distributed in the nondiscrimination notice and is disseminated to students, staff and to all patrons of the district/institution. The recipients grievance procedures are published and readily available to students, staff, and K-12 parents.
  • Slide 8
  • Documentation: I. Administrative 8 Copy of nondiscrimination and harassment policies Document(s) which designate the Title IX and Section 504 Coordinator(s) that includes name (or Position), business address and telephone number The District/Institutions job description for the Title IX and Section 504 Coordinator(s) which outlines the duties and responsibilities for the position School publications handbooks (student, faculty, parent), catalogs, promotional brochures, and recruitment materials display notice of non-discrimination Newspaper notices/advertisements contain notice of non-discrimination District/school websites contain notice of non-discrimination Applications and job announcements contain notice of non-discrimination A copy of the district/institution grievance procedures A copy of the signed Assurance of Compliance Civil Rights Certificate
  • Slide 9
  • Civil Rights Compliance Guidelines II. Recruitment 9 Recruitment activities must: Include all potential students regardless of sex, race, color, national origin or disability. Be bias-free. Be provided by a diverse team, representing components of the community (if applicable). Be accessible by members of English-limited populations and persons with sensory impairments. Guidelines: V-C, V-D, V-E
  • Slide 10
  • Indicators of Compliance: II. Recruitment 10 Materials are readily available to all students in a variety of formats and languages, if applicable. Descriptions of career opportunities are free from bias and stereotyping. Materials depict the diversity of the intended audience.
  • Slide 11
  • Documentation: II. Recruitment 11 Description of recruitment activities Recruitment brochures and marketing materials (include any career education programs and continuing education materials) Course advertising catalogs Newspaper
  • Slide 12
  • Civil Rights Compliance Guidelines III. Admissions 12 Recipients must: Admit without regard to sex, race, color, national origin, language ability, or disability. Avoid preadmission inquiries about marital, parental, or disability status. Have policies in place for serving limited-English proficient students Use admission tests that do not measure disabilities (postsecondary) Guidelines IV-K, IV-N, IV-L: Title IX: 34 CFR 106.21(c) Section 504:34, CFR 104.42 (b)(4)(c), CFR 104.43(c),104.44(b)(3) Title II: 28 CFR 35
  • Slide 13
  • Indicators of Compliance: III. Admissions 13 Career and technical education enrollments reflect general education enrollments. Admissions policies and procedures avoid criteria that disproportionately exclude persons of a particular race, color, national origin, sex, or disability. Application forms do not request information about marital, parental, or disability status. LEP enrollment is proportional to general enrollment. Admissions tests are validated for use with persons with impaired sensory, vocal, or speaking skills
  • Slide 14
  • Documentation: III. Admissions 14 Admission forms and materials, including applications for non-credit (continuing education) courses Enrollment data/demographics Admission policies LEP/ESOL policies and procedures Postsecondary list of admissions tests used Description of test administration for persons with disabilities
  • Slide 15
  • Civil Rights Compliance Guidelines IV. Student Financial Assistance 15 Recipients must: Make financial aid available to all regardless of sex, race, color, national origin, or disability Award sex-restricted aid only when established by legal instrument Provide bias-free information Provide information in a variety of languages and formats Title VI: 34 CFR 100.3(b), Title IX: 34 CFR 106.37 Section 504: 34 CFR 104.46(a) Guidelines VI-B
  • Slide 16
  • Indicators of Compliance: IV. Student Financial Assistance 16 Data indicates equitable distribution of financial assistance. Financial assistance is awarded on a nondiscriminatory basis. All written material contains a statement of nondiscrimination. Communication about financial assistance is available in appropriate languages and formats.
  • Slide 17
  • Documentation: IV. Student Financial Assistance 17 Financial assistance demographic data Types of financial assistance offered Financial aid materials (locally developed financial aid brochures, applications, etc.) List of local scholarship recipients for the last 2 years by gender, race, and disability
  • Slide 18
  • Civil Rights Compliance Guidelines V. Counseling and Pre-Vocational Programs 18 Recipients must: Provide counseling materials that are non-discriminatory. Provide counseling services that