Civil Rights in Obligations of
Local Educational Agencies
Office of Career and Technical Education
February 7, 2012
Contact Information:
Norma Tims
Title IX and
Civil Rights Compliance Coordinator
Office of Career and Technical Education
[email protected]
517-241-2091
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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
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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
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Reassignment
Purchase, redesign, or relocate
Structural modification
Effective signs
Aides and assists
“Reasonable accommodation”
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Non-Discrimination Policy
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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
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Derived from agency policy
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Basis or legislation cited
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Continuous manner
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Agency publications, including website
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Must include coordinator(s) full contact
information
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Small, but “readable”
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Evidence of district efforts to inform beneficiaries
and others
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Designated Coordinator(s)
• 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
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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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Contact Information:
Norma Tims
Title IX and
Civil Rights Compliance Coordinator
Office of Career and Technical Education
[email protected]
517 241-2091
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