Missouri Department of Elementary and Secondary Education

1. Civil Rights Compliance Reviews What schools need to know to prepare for an on-site visit Gavin Allan OCR MOA Coordinator Office Of Career and College Readiness Missouri Departmentof Elementary and Secondary Education

2. Contents • Background of why DESE conducts Civil Rights Compliance Reviews • What Civil Rights laws are used for the reviews? • Explanation of the eleven (11) Civil Rights Compliance Guidelines • 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.)

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)

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)

5. What are the eleven (11) Civil Rights Compliance Guidelines? • Administrative • Recruitment • Admissions • Student Financial Assistance • Counseling and Pre-Vocational Programs • Students with Disabilities • Accessibility • Comparable Facilities • Work Study, Cooperative Education, Job Placement, Apprenticeship Training • Employment • Site Selection and Student Eligibility Criteria

6. Civil Rights Compliance Guidelines:I. Administrative A recipient must: • Notify patrons of its nondiscrimination and harassment policies • Notify patrons of bias-free accessibility to vocational programs • Designate at least one employee to coordinate efforts to comply with Section 504, Title II, and Title IX • Adopt and publish a grievance procedure to provide for prompt resolution of discrimination complaints • 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

7. Indicators of Compliance: I. Administrative • 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 recipient’s grievance procedures are published and readily available to students, staff, and K-12 parents.

8. Documentation: I. Administrative • 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/Institution’s 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

9. Civil Rights Compliance GuidelinesII. Recruitment 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

10. Indicators of Compliance: II. Recruitment • 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.

11. Documentation: II. Recruitment • Description of recruitment activities • Recruitment brochures and marketing materials (include any career education programs and continuing education materials) • Course advertising catalogs • Newspaper

12. Civil Rights Compliance GuidelinesIII. Admissions 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

13. Indicators of Compliance: III. Admissions • 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

14. Documentation: III. Admissions • 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

15. Civil Rights Compliance GuidelinesIV. Student Financial Assistance 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

16. Indicators of Compliance: IV. Student Financial Assistance • 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.

17. Documentation: IV. Student Financial Assistance • 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

18. Civil Rights Compliance GuidelinesV. Counseling and Pre-Vocational Programs Recipients must: • Provide counseling materials that are non-discriminatory. • Provide counseling services that do not discriminate on the basis of race, color, national origin, sex, or disability. • Avoid directing disabled students toward more restrictive career objectives. • Assure that disproportional enrollments do not result from discrimination. Title IX: 34 CFR 106.21(a)(b), 106.36(a), 106.34 Section 504: 34 CFR 104.4(a), 104.34(a), 104.47(b); Title II: 34CFR 104.47(b); Guidelines V-A, V-B

19. Indicators of Compliance: V. Counseling and Pre-Vocational Programs • The written guidance policies and procedures ensure nondiscrimination. • All students have access to all programs and classes based on abilities and interests. • Evaluation procedures assess counseling efforts. • Recipient can explain disproportionate enrollments.

20. Documentation: V. Counseling and Pre-Vocational Programs • Guidance policies and procedures • Assessment plan with a list of tests administered and the purpose for each assessment • Written procedures for placement of disabled students • Written plan for counseling activities

21. Civil Rights Compliance GuidelinesVI. Students with Disabilities Recipients must: • Provide access and benefits to all courses, programs, services, or activities for disabled students. • Provide related aids or adaptations. • Identify, evaluate, and place disabled students through a process that includes parents. • Place K-12 disabled students in the most appropriate educational setting. • Place secondary disabled students according to the provision of Section 504. • Measure academic achievement and ability rather than disability. • Provide post secondary housing without regard to sex, race, color, national origin, or disability. Section 504: 34 CFR 104.4(a), 104.33,35, 36, 104.34(a)(b), 104.35(a), 104.44(a)(c), 104.45 Title II: 28 CFR 35.130(a)(d)(b)(7)(b)(8) Guidelines: IV-N, VI-A, VI-C Title VI: 34 CFR 100.3(b)Title IX: 34 CFR 106.32

22. Indicators of Compliance: VI. Students with Disabilities • The institution has policies and procedures for persons with disabilities. • The institution has developed plans for providing auxiliary aids and services where appropriate. • K-12 recipients follow FAPE policies and procedures regarding identification, evaluation, and placement of students with disabilities. • Students with disabilities’ enrollments are proportionate to the general enrollment. • Students with Section 504 plans are placed appropriately. • Postsecondary institutions have a list of available aids, adaptations, and adjustments. • Accommodations for testing are available. • Postsecondary housing plans include students with disabilities. • The institution has nondiscrimination agreements in place with off-campus housing providers

23. Documentation: VI. Students with Disabilities • Policies for disabled students • Examples of adaptive equipment • Policy for providing aids and services • Enrollment data by program area • FAPE policies and procedures • Examples of IEPs, 504 plans (at least 3 examples of each) • Placement data for disabled students • Housing policies, agreements with off campus housing providers

24. Civil Rights Compliance GuidelinesVII. Accessibility Applicable standard for facilities depends on the date of initiation of construction /alteration: • Standards for existing facilities initiated before 6/4/77: Recipient’s educational programs or activities must be readily accessible or usable by persons with disabilities. Not every portion of facilities must be accessible. 34 CFR Section 104.22 and 28; 28 CFR Section 35.150 • Standards for new construction initiated between 6/4/77 and 1/17/91: Each facility is readily accessible and usable by disabled persons. American National Standards Institute (ANSI) standards A117.1-1961 (R 1971) • Standards for new construction initiated on or after 1/18/91: Each facility is readily accessible and usable by disabled persons. Uniform Federal Accessibility Standards (UFAS) (49 FR 31528) • Standards for new construction initiated after 1/27/92 and before 9/15/10: Each facility is readily accessible and usable by disabled persons. UFAS or 1991 ADA Standards for Accessible Design (28 CFR Part 36, revised July 1, 1994) • Standards for new construction initiated after 9/15/10 and before 3/15/12: Each facility is readily accessible and usable by disabled persons. UFAS (49 FR 31528). or the 1991 ADA standards (28 CFR Part 36, revised July 1, 1994), or the 2010 ADA Standards (28 CFR 35.151, 36 CFR part 1191, appendices B and D) • Standards for new construction initiated on or after 3/15/12: The 2010 ADA Standards (28 CFR 35.151, 36 CFR part 1191, appendices B and D) (The full text of these laws can be viewed at: http://www2.ed.gov/policy/rights/reg/ocr/index.html)

25. Civil Rights Compliance GuidelinesVII. Accessibility (continued) An overview of the requirements under Section 504 and Title II: No qualified person with a disability shall be denied the benefits of, be excluded from participation in, or be otherwise discriminated against under a program or activity of a public entity or a recipient of Federal funds, due to the facilities of the recipient or public entity being inaccessible to or unusable by persons with disabilities.

26. Civil Rights Compliance GuidelinesVII. Accessibility (continued) Compliance is not Conditional on Demographics: • Even if no student with a physical impairment is enrolled, a recipient or public entity must be prepared to take steps to make its program or activity in existing facilities accessible as the need arises and in a timely manner. • Standards for new construction apply regardless of the number of persons with physical impairments.

27. Civil Rights Compliance GuidelinesVII. Accessibility (continued) What is an alteration of a facility? • A change “that affects or could affect the usability of a facility or part of a facility.” • An alteration is not automatically imputed across the entire facility, but will possibly necessitate changes in the to the path of travel to the program. • Modifying a facility or a portion of a facility to make all classes, programs, and activities assessable.

28. Civil Rights Compliance GuidelinesVII. Accessibility (continued) • Keep in mind that the specific accessibility requirements vary based on the initiation date of construction for each facility. • As outlined previously on slide #26, there are six (six) possible scenarios based on the construction date for determining which accessibility standards apply to local facilities. • You may wish to view the appropriate Site Visit Checklist from the DESE Website for additional information on the specific standards. It is recommended that you utilize this checklist as a self-study prior to the onsite visit to help identify potential areas of non-compliance. http://dese.mo.gov/divcareered/civil_rights_compliance.htm

29. Methods of Compliance: VII. Accessibility • Redesign of equipment • Assignment of aides • The following have been adapted or constructed for use by persons with disabilities: Walks, parking lots, ramps, entrances, doors, and doorways, stairs, floors, toilet rooms, water fountains, public telephones, elevators, warning signals, hazards, mirrors, handrails, grab bars, alarms, signage, seating and work areas, assembly areas, etc. to make programs and activities accessible. • Relocation of programs, activities, and/or services. Examples could include: Assignment of classes to an accessible location in the building or a nearby alternative accessible location within the district/college • Any other reasonable method which results in making services, programs, and/or activities assessable

30. Documentation: VII. Accessibility • Observations and measurements • Facility blueprints and plans • Facility renovation schedules • Building information request form • District facilities transition plan (useful, but not required)

31. Civil Rights Compliance GuidelinesVIII. Comparable Facilities Recipient must provide facilities for males, females, and/or students with disabilities that are comparable to one another. Section 504: 34 CFR 104.34(c), 104.4(ii) Guidelines V1-A, V1-D Title IX: 34 CFR 106.33

32. Indicators of Compliance: VIII. Comparable Facilities • Facilities, programs and services are comparable. • Locker rooms, changing rooms, bathrooms and other facilities have the same space and amenities for both males and females. • Persons with disabilities have convenient access to changing and shower facilities.

33. Documentation: VIII. Comparable Facilities • Visual examination and measurements of facilities • Comparison of programs and services

34. Civil Rights Compliance GuidelinesIX. Work Study, Cooperative Education, Job Placement, and Apprentice Training Recipients must: • Provide opportunities in the above programs for all students regardless of sex, race, color, national origin, or disability. • Assure that prospective employers do not discriminate. • Assure that partners in apprenticeship training do not discriminate. • Secure written agreements that assure nondiscrimination. Title VI: 34 CFR 100.3(b)(c) Title IX: 34 CFR 106.31(d), 106.38 Section 504: 34 CFR 104.46(b), 104.11(a)(4) Guidelines VII-A

35. Indicators of Compliance: IX. Work Study, Cooperative Education, Job Placement, and Apprentice Training • Students in work study, cooperative education, job placement, and apprenticeship programs represent the demographics of the school or program. • Work agreements contain nondiscrimination statements.

36. Documentation: IX. Work Study, Cooperative Education, Job Placement, and Apprentice Training • Enrollment data in such programs. • Workplace assignments, hours of work, etc. • Policies and/or written procedures.

37. Civil Rights Compliance GuidelinesX. Employment Recipient must: • Prevent discrimination in employment practices on the basis of sex, race, color, national origin, or disability. • Prevent segregation, exclusion, or other discrimination against students through its employment practices. • Assure that pre-employment inquiries regarding disability, marital or parental status are not made. • Notify all faculty of nondiscrimination policies. • Arrange salary schedules to reflect conditions and responsibilities of employment. • Provide reasonable accommodations to qualified candidates. Title VI: 34 CFR 100.3(c) Title IX: 34 CFR 106.51, 106.54, 106.57, 106.60 Section 504: 34 CFR 104.11, 104.12, 104.13, 104.14 Guidelines VIII-A, B, D, E

38. Indicators of Compliance: X. Employment • All employment practices are conducted without regard to race, color, national origin, sex, or disability. • All application forms and materials are free from prohibited questions. • Job notices contain statement of nondiscrimination. • Faculty assignment patterns are nondiscriminatory. • Disabled persons are employed in teaching and administrative positions and are not treated differently in promotion and tenure decisions

39. Documentation: X. Employment • Job announcements • Job applications, certified and noncertified • Websites • Salary schedules • Faculty information including work assignments • Employee handbooks • Hiring procedures and policies

40. Civil Rights Compliance GuidelinesXI. Site Selection and Student Eligibility Criteria Recipient must: • Maintain eligibility criteria that is nondiscriminatory. • Locate sites that are accessible to all populations and not label sites as intended for minority students. • May not alter physical plans of facilities that would segregate on the basis of sex, race, color, national origin, or disability. • Create geographic boundaries that do not exclude students based on race, color, or national origin. Guidelines IV-A, IV-C, IV-D

41. Indicators of ComplianceXI. Site Selection and Student Eligibility Criteria • Student eligibility criteria for admission to vocational programs does not discriminate on the basis of race, color, national origin, sex, or disability. • Vocational sites are readily accessible to minority and nonminority communities without any segregative effects. • Any modifications in vocational facilities do not create a segregative effect. • Attendance zones do not exclude students on the basis of race, color, or national origin.

42. Documentation: XI. Site Selection and Student Eligibility Criteria • Eligibility and admission criteria for vocational schools/programs. • Locations of vocational facilities. • Enrollment demographics for each facility. • Demographics of communities surrounding facilities. • Record of facility modifications. • Maps of attendance zones.

43. Contact for further assistance d Answers Gavin S. Allan, MA, MPA Director, Technology and Engineering, Health, and Skilled Technical Sciences; OCR/Title IX MOA Coordinator Office of College and Career Readiness Missouri Department of Elementary and Secondary Education P.O. Box 480 Jefferson City, MO 65102-0480 Office:  573.522.5804 Fax: 573.526.4261 Gavin.Allan@dese.mo.gov