Civil Rights in Obligations of Local Educational Agencies

Office of Career and Technical Education

February 7, 2012

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Norma Tims

Title IX and

Civil Rights Compliance Coordinator

Office of Career and Technical Education

timsn@michigan.gov

517-241-2091

Contact Information:

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Presentation Goals

• Understand requirements and legal obligations of agency

• Improve accessibility for stakeholders

• Minimize complaints/legal action

• Knowledge of unique CTE requirements

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Federal Legislation

• Title IV, Civil Rights Act of 1964- 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

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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

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Michigan Law

HANDICAPPERS' CIVIL RIGHT ACT (1976)

enacted to protect persons with disabilities against discrimination in employment,

housing, education, and places of public accommodation

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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)

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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

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Most Frequent Violations 2011

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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

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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)

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Remedies for Building Access

• Reassignment

• Purchase, redesign, or relocate

• Structural modification

• Effective signs

• Aides and assists

• “Reasonable accommodation”

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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

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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 appointedfor each law

multiple or combinedjob description at hiring, letter of appointment

• Trained in law, responsibilitiescoordinates investigationsmaintains recordsassures due process

•Proactive effortstrains staff assures publication and notice

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Designated Coordinator(s)

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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

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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

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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

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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

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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

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Enforcement Office

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Presentation Wrap up

Other Questions or comments?

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Norma Tims

Title IX and

Civil Rights Compliance Coordinator

Office of Career and Technical Education

timsn@michigan.gov

517 241-2091

Contact Information: