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“The Equity Professional’s Knowledge Series”

“Understanding Perkins IV in Historical & Current Context”

June 28, 2012 at 3:00 (ET)

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Presenters

• Barbara Bitters, former Assistant Director of the CTE Team, former civil rights compliance coordinator (MOA), former director of the Equity Mission Team, former Sex Equity Administrator, former Sex Equity Coordinator, all at the Wisconsin Department of Public Instruction 1978-2012 bitteba@uwalumni.com

• Mimi Lufkin, CEO, National Alliance for Partnerships in Equitymimilufkin@napequity.org

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“The Equity Professional’s Knowledge Webinar Series”

June 28, 2012: Understanding Perkins IV in Current & Historical Context

August 23, 2012: Perkins Equity Professional’s Roles & Responsibilities

October 25, 2012: Data Collection, Needs Assessment, and Accountability

December 13, 2012: Program Planning, Implementation, and Evaluation

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Agenda

• Early Gender Equity Issues-the goals of public policy

• Overview of Title IX of the Education Amendments of 1972

• Evolution of Perkins and the influence of policy changes in other federal education policy

• Discussion

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Public Policy Objectives

REDUCE FEMALE AND FAMILY POVERTY Eliminate bias, stereotyping and discrimination in the pipeline and promote higher wage, higher benefit occupations;

or

Pay equity

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Early Gender Equity Issues

• Gender-role stereotypes in school settings and materials.

• The use of biased materials resulting in detrimental effects on self-image, opinions toward other groups, social problems and philosophies of life.

• Inappropriate counseling into sex-stereotyped or low wage occupations.

• Guidance into sex-stereotyped courses or activities

• Inadequate or uninformed board policies re: pregnant girls.

• Title IX compliance.

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Early Gender Equity Issues

• Sex-related student assignment to classroom/school and within the classroom.

• Exclusion of women and girls or boys and men from nontraditional careers.

• Different teacher pay, employment rules or benefits based on sex.

• Sexual harassment awareness and policy development and implementation.

• Lack of athletic opportunities for girls and women.

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Early Gender Equity Issues

• Over-representation of boys and children of color in special education

• Over-representation of boys and children of color in school discipline

• Under-representation of boys and children of color in gifted and talented programs

• Under-representation of girls and children of color in elective math and science courses

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Important Laws

• Title IX of the Education Amendments of 1972 and the regulation of 1975 (20 U.S.C. 1681 et seq.; P.L. 92-318) The ‘Patsy T. Mink Equal Opportunity in Education Act’ as of October 2002

• Women’s Educational Equity Act (WEEA) • Career and Technical Education Acts from

1976-2006 (Perkins) • OCR Guidelines in Vocational Education, 1979 • Elementary and Secondary Education Act

(ESEA) (IASA) (NCLB)

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1954

1964

1971 1972 1973 1974 1975

1976 1977 1978 1979

1984

1985-96

1997-2012

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JOINT RESOLUTION 113 Recognizing the contributions of Patsy T. Mink.

Whereas Patsy Takemoto Mink was one of the country's leading voices for women's rights, civil rights, and working families and was devoted to raising living standards and providing economic and educational opportunity to all Americans; … Whereas Patsy T. Mink's heroic, visionary, and tireless leadership to win the landmark passage of title IX of the Education Amendments of 1972 opened doors to women's academic and athletic achievements and redefined what is possible for a generation of women and for future generations our Nation's daughters: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.; P.L. 92-318) may be cited as the ‘Patsy T. Mink Equal Opportunity in Education Act’.

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TITLE IX. 1972 Education Amendments

“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 educational program or activity receiving Federal financial assistance.”

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What Does Title IX Cover?

• Admissions

• Access to Courses or Programs

• Includes Physical Education, career and technical education, etc.

• Counseling

• Student Rules and Policies

• Treatment of Students

• Pregnant or Parenting Students

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What Does Title IX Cover?

• Financial Assistance

• Student Housing

• Athletics

• Co-Curricular and Extra-Curricular Activities

• Employment Practices

• Sexual Harassment of Students and Employees

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Title IX PROCEDURAL Requirements:

• Notification of Policy and Assurance

• Self-Evaluation • Appointment of a

Responsible Person Title IX Coordinator Record Keeping

• Development and Dissemination of Policy

Operational Guidelines

• Grievance Procedure

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Role of the Title IX Coordinator

• Preventative

• Promotional

• Advocating the Elimination of Bias

• Ongoing Procedural Process

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Enforcement

• Complaint Triggered

• Compliance Review

• Litigation

• Office for Civil Rights, US Department of Education.

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Significant Challenges

Title IX Coverage of Employment (North Haven v. Bell (6-3))

Title IX Program Specificity or Institution Wide (Grove City College vs. Bell, 1984)

Many Athletic Cases and Administrative Challenges-

most recent the Athletic Commission June 6, 2005 Supreme Court denied certiorari today in National Wrestling Coaches Association v. United States Department of Education.

OCR Must Enforce-(Adams v. Califano 1970-1987)

Single Sex provisions 2006

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Significant Challenges

•Sexual Harassment is unlawful sex discrimination under Title IX (Franklin v. Gwinnett (County Public Schools)

•Retaliation for a complaint is not lawful (Jackson, 2005)

•2006 Regulation Revision-Single Sex Education Lack of Enforcement

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VEA 1976 to Perkins IV, 2006

Sex Equity in Federal CTE Policy

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Gender equity provisions in Perkins

1976 Amendments

-Full-time Gender Equity Coordinator

-$50,000

-Ten Functions

-There were special populations set asides in the law at this time

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New Terms Coined

• Sex Role Stereotyping

• Sex Bias

• Sex Equity

• Sex Equity Coordinator

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The sex equity coordinator's responsibilities --10 functions:

1. To create awareness among vocational educators and the public …to reduce sex bias and sex stereotyping, including … the hearings on the state plan;

2. To gather, analyze and disseminate data on the status of men and women students and employees …

3. To develop and support actions to correct problems …;

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4. To review the distribution of grants and contracts … to assure that the interests and needs of women are addressed in all projects assisted under the VEA;

5. To review all vocational education programs in the state (including work study, cooperative, and apprenticeship programs and student placement) for sex bias;

6. To monitor implementation of laws prohibiting sex discrimination in all hiring, firing and promotion procedures within the state relating to vocational education;

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7. To assist local educational agencies and other interested parties in improving vocational education opportunities for women; 8. To make available… information developed by his or her office; 9. To review the institutional self-evaluation required by Title IX; 10.To review the five-year state plan and the annual program plan prior to their submission to the Department of Education and to submit recommendations with respect to overcoming sex bias and sex stereotyping.

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Gender equity provisions in Perkins

1984 Perkins Act •Full-time Gender Equity Coordinator • $60,000 •Set-asides 3.5% Gender Equity, 8.5% Single Parent/ Displaced Homemaker

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Gender equity provisions in Perkins

1990 Perkins Act -Full-time Gender Equity Coordinator- $60,000 -10 Functions -Set-asides 3% Gender Equity, 7% SP/DH, .5% either –Special population focus

1996 IASA 1998 Perkins Act

-State Leadership Set-aside ($60,000-$150,000) -Accountability Measure -Language sprinkled throughout the Act

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Gender equity provisions in Perkins

No Child Left Behind Act of 2001

2006 Perkins Act

-State Leadership Set-aside ($60,000-

$150,000)

-Accountability Measure instead of Set-

aside

-Improvement plans and sanctions

-Language sprinkled throughout the Act

-Required use of local funds

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Big Ideas in Perkins IV

•Programs of Study

-Academic and technical integration

-Transitions/expanding PS CTE

•Goal to Prepare Students for PS

education, not entry level jobs

•Data and Accountability

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Perkins IV

• State Plan*

• Improvement Plans *

• State Leadership

• CAR Report

• Local Plan*

• Local Uses of Funds*

• Tech Prep –No Longer Separately funded

• Local Report

* New equity provisions

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Big Issues

• High skill, high wage or high demand • Accountability measures for secondary

different than for postsecondary • Federal sanctions on States for not meeting

performance measures • State to local performance measure

negotiation-some states are just starting this process

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Big Issues

• State sanctions on Locals for not meeting performance measures

• Performance measure gap closing

• Disaggregation of data

• Required Use of Local Funds

• Local report

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Definitions

• Special Populations

• Self-sufficiency defined in conference report

• “a standard of economic independence that considers a variety of demographic and geographic factors, as adopted, calculated, or commissioned by a local area or State”

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Special Populations

• Individuals with disabilities;

• Individuals from economically disadvantaged families, including foster children;

• Single parents, including single pregnant women

• Displaced homemakers; and

• Individuals with limited English proficiency

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Nontraditional Fields

Occupations or fields of work, including careers in computer science, technology, and other emerging high skill occupations, for which individuals from one gender comprise less than 25 percent of the individuals employed in each such occupation or field of work.

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State Plan

New special populations provisions:

• Graduate from high school with a diploma

• Postsecondary transition

• High skill, high wage, or high demand occupations

• Comprehensive professional development to improve instruction for special populations

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State Leadership

Required use of funds….

• Entry into technology fields, including nontraditional fields

• Professional development

• Exposing special populations to high skill, high wage occupations

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State Leadership

Permissible uses of funds… –Improvement of career guidance and academic counseling programs that expose students to high skill, high wage and nontraditional fields

–Overcoming barriers for special populations to transition from sub-baccalaureate CTE programs to baccalaureate degree programs

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State Leadership

Permissible uses of funds –Support new programs in high skill, high wage or high demand occupations

–Award incentive grants for exemplary performance

–Exceeding local performance measures Special populations progress

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Local Plan

Describe how LEA will provide activities to

prepare special populations, including single

parents and displaced homemakers, for high skill,

high wage, or high demand occupations that will

lead to self-sufficiency

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Required Use of Local Funds

Provide activities to prepare special populations,

including single parents and displaced

homemakers, for high skill, high wage, or high

demand occupations that will lead to self-

sufficiency

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Permissive Use of Local Funds

•Initiatives to overcome barriers to enrollment in and completion of baccalaureate degree programs for special population students

•Develop new CTE programs of study in high skill, high wage, or high demand occupations and dual credit

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Supportive Services

•Named in conference report as transportation, child care, dependent care, tuition, books, and supplies and other services

•May use Perkins funds for this purpose for special populations participating in CTE

•Supplement not supplant

•Address barriers to participation in CTE

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Accountability

State and local report requires disaggregated data

• Gender • Race/ethnicity • Individuals with disabilities • Migrants • Individuals with limited English proficiency • Individuals from economically disadvantaged families

including foster children • Single parents, including single pregnant women • Displaced homemakers • Individual preparing for nontraditional fields

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Accountability

State and local report requires:

Identify and quantify any gaps in

performance between disaggregated student

populations and all CTE students

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Core Indicators Secondary Level

1S1 - Academic Attainment in Reading/Language Arts 1S2 - Academic Attainment in Mathematics 2S1 - Technical Skill Attainment 3S1 - Secondary School Completion 4S1 - Student Graduation Rate 5S1 - Secondary Placement 6S1 - Nontraditional Participation 6S2 - Nontraditional Completion

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Core Indicators Postsecondary Level

1P1 - Technical Skill Attainment

2P1 - Credential, Certificate or Diploma

3P1 - Student Retention or Transfer

4P1 - Student Placement

5P1 - Nontraditional Participation

5P2 - Nontraditional Completion

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Improvement Plans (State and Local)

• Does not meet 90% of ANY measure in the first year

• Shows improvement the following year but still does not meet 90% of that or ANY measure in year two

• Plan must address performance gaps between disaggregated populations and all CTE students

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Questions, Comments, and

Discussion

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Period of Original Appearance

Evolution of Educational Equity Goals

Bitters and Keyes, 1996

Rationale for Educational Equity

Mid-1960’s and on

Equal opportunity, access, and treatment. Eliminate discrimination.

Fairness

Mid-1970’s and on

Move beyond equal access. Eliminate stereotyping, bias and harassment. Need for intervention, affirmative steps, and infusion of equity.

• Changing social and economic conditions

• Social costs of inequity

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Mid-1980’s and on

Equal outcomes of educational programs. Need to restructure schools and the curriculum, instructional methods and supports services that students need to succeed.

Educational Excellence

Mid-1990’s and on

Concerns and Interventions in:

1. power relationships;

2. intersections of gender, race, culture, disability, class, and sexual orientation which collide to influence teaching and learning;

3. ways particular versions of knowledge may distort, ignore or silence individuals and groups.

4, Ongoing recognition that individual’s culture and experience affect learning and educational outcomes.

• Student Engagement and Success.

• Re-Visioning society to equalize power relationships and realize social justice