Civil Rights Review: Basics for Compliance

1. Civil Rights Review:Basics for Compliance Krystl Knabe Nebraska Department of Education 402.471.0015 krystl.knabe@nebraska.gov

2. What are civil rights? • 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 law, and to be free from discrimination .

3. What do the civil rights reviews have to do with CTE? As a result of a law suit in 1973, the U.S. Department of Health, Education and Welfare, now the Department of Education, was directed to enforce civil rights requirements in vocational education programs by performing compliance reviews, a survey of enrollment and related data, and prepare the Vocational Education Program Guidelines for Eliminating Discrimination and Denial of Services on the Basis or Race, Color, National Origin, Sex, and Handicap (Guidelines). The Guidelines continue to detail the application of the related federal laws to present Career and Technical Education programs.

4. Purpose of the Civil Rights Reviews • Fulfill obligations of NDE to the U.S. Department of Education’s Office for Civil Rights (OCR) to review and/or assist schools, districts, and educators to be in compliancewith the requirements of federal civil rights laws using the “Guidelines.”

5. Compliance is a shared responsibility Who should be involved?: • Superintendent • CTE Administrator • Director of Facilities/Maintenance/Construction • Director of Human Resources • Title IX Coordinator • 504 Coordinator • Directors of Special Education, Guidance, and ESL/LEP • Building Administrators • One group of students will also be interviewed

6. Federal Laws • Title IX of the Education Amendments of 1972 • Prohibits discrimination on basis of sex in education programs receiving federal funding • Section 504 of the Rehabilitation Act of 1973 • Prohibits discrimination on the basis of handicapped in any program or activity receiving federal funding • Title VI of the Civil Rights Act of 1964 • Prohibits discrimination on the basis of race, color and national origin in any program receiving federal funding • Title II of the Americans with Disabilities Act

7. On-Site Civil Rights Visit Process • Orientation • Phone call, manual mailed by request or available on-line and follow-up phone call and email • On-Site Visitation • Letter of Findings (LOF) • Voluntary Compliance Plan (VCP) • Monitor

8. Scope of Onsite Visitations Program Compliance • Administrative* • Site Location and Student Eligibility • Recruitment • Admission • Student Financial Assistance • Career Guidance and Counseling Service • Cooperative Education, Job Placement and Apprentice Training • Employment Facility Compliance • Accessible Facilities* • Comparable Facilities (*Common areas of Non-compliance)

9. Administrative Basic procedures in place to comply with legal requirements to insure nondiscrimination on the basis of race, color, national origin, sex, or disability. These basic procedures include: continuous notification; grievance procedure that will allow students and parents an avenue for dealing with alleged discrimination; annual public notice; and designation of a person or persons to coordinate activities under Title IX, Section 504, Title II.

10. Administrativecommon issue of non-compliance Continuous Nondiscrimination Notice • Include in all handbooks, and other major publications, including, if applicable, to limited English speaking communities in their language of national origin, that are disseminated to students, employees, parents and the general public. • Example: The XYZ Schoolsand it’s Career and Technical Education Programsdoes/do not discriminate on the basis of race, color, national origin, sex, religion, disability, or age in its activities and programs, including employment policies and practices.

11. Administrativecommon issue of non-compliance Annual Nondiscrimination Notice • Prior to the start of the school year, LEAs must advise students, parents, employees and general public that all CTE opportunities will be offered w/o regard to race, color, national origin, sex, or disability. • Notice includes a brief summary of program offerings and admission criteria; and name, address and telephone number of person designated to coordinate Title IX and Section 504 • Published in local newspapers, school publications, or other media that reach students, parents, employees and general public, including minorities, women and persons with disabilities, if applicable, to limited English speaking communities in their language of national origin (posting in a visible location on 1st page of district website is approvable)

12. Administrativecommon issue of non-compliance • Example of Annual Notice of Non-discrimination XYZ Schools offer a wide range of Career and Technical Education programs, including Agricultural Sciences, Business , Marketing, and Information Technology, Career Development, ......... and Skills and Technical Education. Special Populations are also available for Disadvantaged and Handicapped Students. The XYZ Schools and it’s Career and Technical Education Programs do not discriminate on the basis of race, color, national origin, sex, disability, religionor age in its activities and programs, including employment policies and practices. The following person(s) has/have been designated to handle inquiries regarding the non-discrimination policies: Name and/or Title Office Address Telephone No. *Name and/or Title *(if two different persons are designated) Office Address Telephone No.

13. Services for Students with Disabilities • No qualified person with a disability [IDEA, 504, ADA] may be denied access to, or benefits from any course, program, service, or activity on the basis of their disability. Related instructional aids or aides must be available as necessary. • Tests of academic achievement must measure abilities and achievement, rather than disability. • Students with disabilities must be placed in the educational setting most appropriate for the student’s individual needs.

14. Facility Compliance • Accessible Facilities • Students with disabilities may not be excluded from enjoying the benefits of the school’s program or services because its facilities are inaccessible to or are unusable by person with disabilities

15. Facility Compliance continued • What is a “facility”? • Title II of the ADA • “…all or any portion of buildings, structures, sites, complexes, equipment …roads, walks, passageways, parking lots, or other personal property…” • Section 504 • “…all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property…”

16. Facility Compliancecontinued • When was the date of construction? • Readily Accessible: Before 6/1977 • ANSI: From 6/1977-12/90 • UFAS: From 1/1991-12/91 • 1991 ADA: After 1/1992 • 2010 ADA: After 3/15/2012 • Has there been an “substantial alteration” of room, wing, and/or building? • Use above dates and standards for that “altered” area

17. Comparable Facilities • Separate facilities are provided for male/female and disabled/non-disabled students and should be similar in quality and convenience to facilities. • Any separate facilities for male, female or students with disabilities should be located in similar proximity to the associated classrooms, gymnasium, or labs.

18. Practical Purpose...take home thoughts • Is there anything else we can do to increase the enrollment ofallstudents in CTE; review your CTE demographic data, and recruiting, admissions and counseling policies and practices. • The civil rights review or self-review is only one piece of a process to assist in preventing students from being discriminated in accessing CTE courses, and • If students are being discriminated, harassed, and/or bullied, they have recourse through grievance procedures…but they have to know about them!

19. OCR website – Resources for schools • Watch for your action items • On-site Review Checklist • List of materials we will need to review on-site • Building Accessibility Facilities Checklist • Color Coded Map based on when parts of the building were built or last altered (whichever is more recent) • Needed two weeks before visit • Agenda for the day – You coordinate pulling your teachers from their classes for interviews • Needed two weeks before visit • Have a Conference Room in the school blocked for our use the entire visit.

20. Questions???