“School Counselor’s Legal and Professional Responsibilities for Equity and Diversity in Schools”

1. “School Counselor’s Legal and Professional Responsibilities for Equity and Diversity in Schools” Wisconsin School Counselors Association Conference February 2011 Barbara Bitters, WDPI barbara.bitters@dpi.wi.gov

2. Overview • Basic Civil Rights Requirements Summary • School Counselor Responsibilities • Resources

3. What are civil rights? Civil rights are personal rights guaranteed and protected by the U.S. Constitution and by subsequent acts of Congress. They include, for example, the right to free speech, due process, equal protection of the laws and to be free from discrimination. Source: www.hhs.gov/ocr/newfaq.html

4. The purposes of the department’s Civil Rights Compliance (CRC) Program are to provide a quality education for every child by: • Ensuring that all students experience equal access, opportunities, counseling, career development, support, and success in every aspect of their pre-k-12 public education; • Fulfilling obligations of state education agencies (DPI) and assisting schools, districts, and educators to embrace the requirements and spirit of federal civil rights laws and Wisconsin’s Methods of Administration (MOA) required by the “Guidelines” of 1976.

5. Purposescontinued • Ensuring that school district policies, procedures and practices related to federal civil rights laws meet basic standards, are known about, and are workable. • Providing information, samples, or assistance regarding “best practices” in civil rights, nondiscrimination, educational equity and diversity.

6. Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap, March 21, 1979Appendix B at 34 CFR 100http://www.ed.gov/about/offices/list/ocr/docs/vocre.htmlThese guidelines derive from and provide guidance supplementary to:

7. Title VI of the Civil Rights Act of 1964 and the implementing departmental regulation (34 CFR Part 100), [Race, Color, National Origin] Title IX of the Education Amendments of 1972 and the implementing departmental regulation (34 CFR Part 106 amended in 2006), [Sex, marital or parental status, pregnancy] Section 504 of the Rehabilitation Act of 1973 and the implementing departmental regulation (34 CFR Part 104), [disability] and Title II of the Americans with Disabilities Act of 1990 (28 CFR Part 35). [disability]

8. Basic Civil Rights Requirements Summary

9. 10 Broad Areas • Administrative • Site Location and Student Eligibility • Recruitment of Students • Admissions and Treatment • Financial Assistance • Counseling • Services for Students with Disabilities • Accessibility and Facilities • Work-based Learning • Employment Practices

10. Administrative • Recipients must have policies and procedures prohibiting harassment and discrimination. • Recipients must take continuing steps to notify students, applicants, parents, employees, unions and professional organizations that it does not discriminate on the basis of race, color, national origin, sex, or disability. • Prior to the beginning of the school year, recipients must advise students, parents, employees, and the general public that all CTE program opportunities will be offered regardless of race, color, national origin, sex, or disability.

11. Administrative continued • Each recipient must designate at least one qualified employee to coordinate its efforts to comply with and carry out its responsibilities under Sections 504, Title II, and Title IX. • The recipient must notify students, staff, and the public of the name, address and phone number of the designated employee (s). • A recipient shall adopt and publish a grievance procedure providing for prompt and equitable resolution of student and employee complaints alleging discrimination based on sex, race, color, national origin, or disability

12. Recruitment / Scheduling of Students • Recruitment activities must not exclude individuals or limit opportunities on the basis of sex, race, color, national origin or disability. • Recruitment materials must not contain biased or stereotypical contents. • Recruiting teams should, to the extent possible, represent the diverse populations of the district. • Recipients must ensure that counselors can communicate with limited English proficient populations and persons with sensory impairments. • Recruitment materials must be available to and accessible to communities in their languages.

13. Admissions and Treatment • A recipient may not assess candidates for admission to educational (including CTE) programs or activities on the basis of race, color, national origin, sex, or disability. • A recipient must avoid preadmission inquiries about sex, race, national origin, marital, parental, pregnancy, or disability status. • Recipients may not deny access to any (CTE) program to students with a disability or LEP on the basis that employment opportunities may be limited. • Districts may not identify students on their transcripts as having ELL or SWD designations.

14. Admissions and Treatment continued • Recipients may not restrict admission to programs or activities (CTE programs) based on English language proficiency. • Recipients must have policies and procedures in place for identifying and serving limited English proficient students. (must comply with state rule) • Recipients must have policies and practices that ensure that all students learn in an environment free of harassment, bias, stereotyping or discrimination. • ELL and SWD Accommodations must be provided!

15. Student Financial Assistance • Financial assistance is available to all students regardless of sex, race, color, national origin, or disability. • Sex-restricted awards are made only when established by legal instrument and also meet the requirements of Title IX. • Awards restricted on any other protected class status meet the requirements of the law.

16. Student Financial Assistance • Information and selection criteria are free from bias and stereotyping. • Information is available in a variety of languages and formats. • Data is collected and analyzed on applicants and recipients. • Scholarships and Financial Aid Information Sheet http://www.dpi.wi.gov/cte/crc/crc-tools.html

17. Scholarship or Award Summary- One Year View Name of scholarship or award School or Community Administered Restricted on the basis of…. Amount of scholarship Recipient Name Recipient Race/Color/Ethnicity Recipient Sex Recipient Disability Recipient English Language Proficiency

18. Scholarship and Awards—multi-year analysis-by sex Year Female Applicants Female Awards Total amount to Females Average amount to Females Male applicants Male Awards Total amount to Males Average amount to Males

19. Students of Color • Year • Student of Color Applicants • Student of Color Awards • Total Amount to SOC • Average Amount to SOC • Caucasian Applicants • Caucasian Awards • Caucasian Total Amount • Caucasian Average Amount

20. Counseling Programs • Counseling materials and activities may not discriminate on the basis of race, color, national origin, sex, or disability. • Counselors must not direct students into programs nor measure their prospects for success based on race, color, national origin, sex, or disability. • Counselors must not direct students toward more restrictive or “traditional” career objectives based on protected class status. • Recipients must ensure that disproportionate enrollments do not result from their own practices, procedures or programs that may have a discriminatory affect. [regular self-evaluation] • Recipients must take steps to reduce disproportionate enrollments in elective classes.

21. Specific Requirements include:

22. Course Scheduling • The district’s counselors employ a course and/or program selection process that ensures choices are not made or avoided based on the student’s race, color, national origin, sex, or disability.

23. Course Selection Materials • The district’s recruitment and selection materials (brochures, public address system announcements, posters, bulletin boards, etc.), including those with descriptions of career and occupational opportunities, are not limited on the basis of race, color, national origin, sex, or disability.

24. Course Selection Teams • The district student, teacher, or counselor teams who are involved in the recruiting and selection process and provide information about opportunities and courses ARE REPRESENTATIVE of the diversity of student and community populations.

25. Routine Evaluation • The counselors, in light of disproportionate enrollment patterns, routinely evaluate the district course and program selection process and their own practices to maintain an unbiased approach.

26. Counseling materials and activities • The district, in light of disproportionate enrollment patterns, regularly reviews their counseling materials and activities (including student course and/or program selection and career/employment goals), promotional, and recruitment efforts to ensure that they do not discriminate on the basis of race, color, national origin, sex, or disability.

27. Counselor Communication The district has policies, procedures and outcomes that ensure counselors can effectively communicate with students who are: • Limited English proficient (ELL) • Sensory impaired

28. Harassment Free • Based on the evidence, the district provides a learning environment for students free from harassment based on race, color, national origin, sex, or disability.

29. In light of disproportionate enrollments 5% or greater The district • identifies courses with disproportionate enrollments, • takes steps to identify the reason for the disproportion, and • implements strategies to balance the enrollment in future years.

30. Evaluate Counseling Practices • The counselors routinely evaluate their own counseling practices, programs and activities to ensure that they do not contribute to any disproportion in enrollment patterns.

31. Back to the Ten Areas

32. Services for Students with Disabilities • No qualified person with a disability may be denied access to, or benefits from any course, program, service, or activity on the basis of their disability. • School Counseling is a program and support service.

33. Comparable Facilities • Separate programs or facilities for students with disabilities or LEP must be comparable to those of students without disabilities or LEP. • Changing rooms, showers, and other facilities for students of one sex, students with disabilities, or LEP must be comparable to those of other students.

34. Work-based Learning including apprenticeship • Opportunities in work study, cooperative education, and job placement programs must be available to all students, regardless of race, color, national origin, sex, or disability. • Recipients must inform and ensure that prospective employers do not discriminate on the basis of race, color, national origin, sex, or disability. • Recipients may not enter into agreements for apprenticeship or other work-based training with any entity that discriminates on the basis of race, color, national origin, sex, or disability. • Written agreements must include assurances of nondiscrimination. • Recipients have an obligation to reduce isolation and segregation based on protected class status in work-based learning.

35. Single Sex Regulations-2006 • “important educational reason,” • provide equal opportunities for both sexes, • evaluate their single sex programs by annually collecting data related to the important educational reason, and • avoid stereotyping or generalizing about the interests, needs, and talents of females or males.

36. Single Sex Regulations • Implements Even-handedly • Identify Educational Needs • Substantially Equal Co-ed Class (Factors) • CTE Classes May Not Be Single Sex • See http://www2.ed.gov/legislation/FedRegister/finrule/2006-4/102506a.pdf

37. Suspect Responses • I have a masters degree in school counseling… • I am licensed by the state of WI in school counseling…. • We are implementing the WCSCM at level 1-2- or 3…. • I just scan materials… I assume the company or organization has checked.. • Some of my best friends are “female”…. “black”…. “disabled”

38. Worksheets/ Tools • Civil Rights Compliance Onsite Process-Templates http://www.dpi.wi.gov/cte/crc/crconsiteproc.html • Pupil Nondiscrimination Home Page http://www.dpi.wi.gov/sped/puplnondis.html • Washington State Instructional Bias Review http://www.k12.wa.us/equity/pubdocs/wamodels96.pdf • Reviewing Educational Materials http://maec.org/tadocs/review.html • Criteria for Counseling Diverse Students http://maec.org/tadocs/counsel.html