Civil Rights in Obligations of Local Educational Agencies Office of Career and Technical Education February 7, 2012

2 Norma Tims Title IX and Civil Rights Compliance Coordinator Office of Career and Technical Education Contact Information:

3 Presentation Goals Understand requirements and legal obligations of agency Improve accessibility for stakeholders Minimize complaints/legal action Knowledge of unique CTE requirements

4 Federal Legislation Title IV, Civil Rights Act of race, color national origin Title II of the Americans with Disabilities Act of 1990 (as amended)-disability Title IX, Educational Amendments of 1972-sex Section 504 of the Rehabilitation Act of 1972-disability

5 Elliott-Larsen Act Michigan PA 453 Prohibits discrimination in employment, education (housing, public service, law enforcement, public accommodation) On the basis of religion, race, color, national origin, gender, age, weight, height, marital status, or arrest record

6 Michigan Law HANDICAPPERS' CIVIL RIGHT ACT (1976) enacted to protect persons with disabilities against discrimination in employment, housing, education, and places of public accommodation

7 Institutions Subject To Civil Rights Review Recipients/Sub-recipients of Federal Financial Assistance K-12 Schools/Career Centers Community Colleges State Operated Facilities (Prisons and Juvenile Facilities)

8 Civil Rights Compliance Reviews Conducted by MDE/OCTP Targeted List/ 10 agencies annually Determine Degree of Compliance with Federal Law Compliance plan if out of compliance Monitored to completion

9 Most Frequent Violations 2011

10 Other Potential Civil Rights Issues Access to programs for all students, including disabled / ELL students Steering students to courses Fair student assessment practices Access to gifted and talented, CTE, and advanced placement / articulated courses Racial / sexual harassment / gender discrimination Employment issues

11 Facilities Accessibility All areas of buildings/grounds -Entrances/exits -Classrooms/labs -Common areas -Services (restrooms, drinking fountains, etc.) -Parking and drop off areas -Offices -Residences (postsecondary)

12 Remedies for Building Access Reassignment Purchase, redesign, or relocate Structural modification Effective signs Aides and assists “Reasonable accommodation”

13 Non-Discrimination Policy Formally adopted by governing body Cover all basis outlined in laws Single policy recommended Widely available to all parties: students, staff, parents, community members, etc. Be understandable (“common” language) Published in language other than English if a significant language minority exists

14 Non-discrimination Notice Derived from agency policy Basis or legislation cited Continuous manner Agency publications, including website Must include coordinator(s) full contact information Small, but “readable” Evidence of district efforts to inform beneficiaries and others

Formally and officially appointed for each law multiple or combined job description at hiring, letter of appointment Trained in law, responsibilities coordinates investigations maintains records assures due process Proactive efforts trains staff assures publication and notice 15 Designated Coordinator(s)

16 Grievance Procedure Formally adopt and widely publish Must include Title IX, Title II, and Section 504, Advisable for Title IV Clear procedures for filing, processing, and assuring procedural rights of complainant Train staff for appropriate response Maintain grievance records

17 Grievance Procedure (continued) Specific steps to resolve grievance: –Procedure –Timelines Continuous Dissemination: –Student/Parent Handbook –Employment Handbook –School newsletter (at least once during year) –Website or other widely available source

18 Other Frequent Concerns: Identification of ELL students –Home language survey at enrollment –Appropriate testing and placement Communication with ELL/hearing impaired and others –Translator/interpreter available –Aides and assists

19 CTE Annual Notice Before the beginning of the school year Summary of program offerings Prerequisites/”technical” standards CTE Director contact information Civil Rights Coordinator contact information Lack of English skills will not be a barrier to admissions Nondiscrimination statement

20 CTE Recruitment Presentations, brochures, catalogs, web sites, posters, flyers, articles, media, recruiters, etc. Not specifically required, but if done, must be: Unbiased (pictures, language, colors, graphics) Representative of populations served All CTE programs for ALL students Include nondiscrimination statement

21 Enforcement Office

22 Presentation Wrap up Other Questions or comments?

23 Norma Tims Title IX and Civil Rights Compliance Coordinator Office of Career and Technical Education Contact Information: