1 Procedural Requirements for School Districts and Community Colleges Florida Department of Education Office of Equity and Access Adeola Fayemi, Director

2 Purpose To outline the administrative requirements enforced by the Office for Civil Rights (OCR) and monitored by the Office of Equity and Access (OEA)

3 Procedural Requirements  Policy of Nondiscrimination  Identification and Notification of Coordinator(s)  Grievance or Complaint Procedure(s)  Harassment Policy  AIDS/HIV Policy

4 Adopt Nondiscrimination Policy Florida Equity Act Rule 6A (1) (f), FAC Title IX106.9(a) Section (a) ADA Vocational Guidelines IV-O Non-Discrimination on the basis of age (b)

5 Policy of Nondiscrimination  Students, employees and applicants  Race, sex, national origin, marital status, disability, age, etc.  Educational services and activities  Employment policies and practices  Procedures for filing complaints  Notification

6 Policy Notification Florida Equity Act Rule 6A (1) (f), FAC Title IX106.9(a) Section (a) ADA Vocational Guidelines IV-O Non-Discrimination on the basis of age (b)

7 Continuous Notice of Nondiscrimination The Title IX, Section 504 and Title II regulations require that the notice of nondiscrimination be made on a continuing basis.

8 Title IX Each recipient shall prominently include a statement of the nondiscrimination policy in each announcement, bulletin, catalog, or application form which it makes available to any person or which is otherwise used in connection with the recruitment of students or employees. 34 C.F.R. §106.9(b).

9 Annual Notice of Nondiscrimination (Vocational Guidelines, Section IV.O.) Prior to the beginning of each school year recipients must advise students, parents, employees and the general public that vocational opportunities will be offered without regard to race, color, national origin, sex, or disability.

10 Annual Notice, Cont'd. The notice should be published in public forums. The notice should include: -a summary of program offerings -admissions criteria -name, address and telephone number of person(s) designated to coordinate compliance with Title IX, Section 504, Florida Equity Act and Age Discrimination Act

11 Annual Notice, Cont'd. If a recipient’s service area contains a community of national origin minority persons with limited English language skills, public notification materials must be disseminated to the community in its language. (Voc. Guidelines, Section IV.O)

12 Designation and Notification of Compliance Coordinator(s) Florida Equity Act Rule 6A (1) (g),FAC Title IX106.8(a) Section (a) and 104.8(a) ADA35.107(a) Vocational Guidelines IV-O Non-Discrimination on the basis of age (a)

13 Responsibilities of the Coordinator(s)  Be knowledgeable about the requirements of the laws  Understand the institution’s grievance procedures  Investigate or coordinate investigation of complaints  Be available to answer questions and advise individuals on the grievance procedures  Ensure publications contain adequate contact information and notice of nondiscrimination  Notify and train employees, students and other relevant persons regarding nondiscrimination laws  Coordinate and monitor the annual update for the Equity Act Plan  Assist with the institution’s civil rights compliance review process

14 Adoption and Notification of Grievance Procedure Florida Equity Act Rule 6A (1) (h), FAC Title IX106.8(b) Section (b) ADA35.107(b) Vocational Guidelines Non-Discrimination on the basis of age (c)

15 Grievance and Complaint Procedure  Define grievances and prohibit retaliation  Designate reasonable and prompt timeframes for each step of the complaint process  Alternate first point of contact  Provide for adequate, reliable and impartial investigation of complaints  Prompt and equitable resolution  Procedure for filing grievance  Availability and notification of procedure  Protect confidentiality

16 Harassment Policy  Protection  Prohibited conduct  Retaliation is prohibited  Confidentiality is protected  Immediate and appropriate corrective action  Alternate first point of contact  Cover third party  Grievance procedures/reference

17 AIDS/HIV Policy  Protections  Rights to privacy and confidentiality  HIV-positive students  HIV-positive employees  Accommodations for employees  IDEA and ADA  No mandatory testing

18 FEDERAL LAWS PROHIBITING DISCRIMINATION Program AccessEmployment Race & National Origin Title VI (1964)Title VII (1964/1972) GenderTitle IX (1972)IX (1972); VII (1964) Equal Pay (1963) Disability§504 (1973) ADA (1990/1992) §504 (1973) ADA (1990/1992) AgeAge Discrimination Act (1975) Age Discrimination in Employment Act (1967) ReligionTitle VII (1964)