CTE Civil Rights Compliance

The Department of Education is mandated by law in the “Carl D. Perkins Career and Technical Education Improvement Act of 2006” to monitor the operations of school systems which receive federal funds in compliance with the applicable civil rights statutes. A targeting plan has been developed to determine which systems will be visited. The visit will be conducted by a team of four to six well trained state personnel led by the Methods of Administration (MOA) coordinator. Our role is to provide leadership as well as to monitor progress and to give assistance whenever needed.

Self-Assessment Checklist

This checklist is designed to assist your school system in better understanding the requirements of the legislation to provide an equitable learning environment and prepare for an on-site Civil Rights Review

This self-assessment will guide your school system through a review of the five major civil rights laws: Civil Rights Act, Section 504 of the Rehabilitation Act, Title IX, Age Discrimination Act, and Americans with Disabilities Act. After reviewing policies and practices relating to these laws, your school system will have an improved understanding of how to comply with the Office for Civil Rights requirements.

I. Administration Section

A. Public Notification Standard

The educational entity has met the regulatory requirements for public notification for career and technical education and employment opportunities.

  1. The educational entity should have an annual notice of non-discrimination.
    1. Does the educational entity have an annual notice which:
      1. States that the educational entity does not discriminate on the basis of race, color, national origin, sex, disability, or age?
      2. States that non-discrimination applies to all areas of the educational entity?
      3. Names the Title IX Coordinator and/or Section 504 Coordinator?
      4. Gives the address and telephone number of the Title IX/Section 504 Coordinator?
      5. Directs persons with concerns about non-discrimination to contact the Title IX/Section 504 Coordinator?
      6. States that lack of English language skills will not be a barrier to admission and participation in educational programs?
      7. Has a brief description of program offerings and admission criteria?
    2. Are the Title IX and Section 504 Coordinator(s) informed of their duties and adequately trained to coordinate the responsibilities on behalf of the educational entity?
  2. The educational entity should disseminate the notice of non-discrimination annually to students, parents, employees, and the general public.
    1. Does the educational entity have an annual notice?
    2. Does the educational entity have a variety of recipient publications with nondiscrimination notice found in student application, job application, catalog, student handbook, recruitment materials, website or school newspaper?
    3. Does the educational entity disseminate the notice in brochures on programs, job announcements or posters advertising various programs?
  3. The educational entity should determine the primary languages of the community, translate the annual notice of non-discrimination into the language(s), and disseminate it widely.
    1. Does the educational entity have a process for determining the primary languages of the community?
    2. Does the educational entity consider data beyond the educational entity demographics to determine the primary languages spoken in the district?
    3. Is the annual notice of non-discrimination translated into the primary languages and disseminated?
  4. The educational entity should develop the annual notice of non-discrimination in multiple formats that are accessible to persons with disabilities, such as persons with auditory or visual disabilities.
    1. Does the educational entity produce materials such as application forms, bulletins, brochures, catalogs, and promotional materials in multiple formats (e.g., Braille, large print, and audio)?
    2. Are the adapted materials available in places that students, employees, and the general public obtain other general information or publications from the educational entity?
    3. Are the materials available to students with disabilities with or without a special request?
  5. The educational entity should provide a continuous statement of non-discrimination on public documents.
    1. Does the educational entity display the statement in each announcement, bulletin, and publication used to notify applicants, students, employees, partnering organizations such as work study, employers, or professional organizations, and parents?
    2. Is the statement accessible to individuals with disabilities, including those with impaired vision or hearing?
B. Grievance Standard

The educational entity has adopted and disseminated grievance policies and procedures for employed personnel and students that meet the requirements of Title IX, Section 504, and the ADA.

  1. The educational entity should have grievance policies and procedures in place.
    1. Does the educational entity notify all employed personnel and students of the grievance procedures for persons who feel they have been discriminated against based on sex or disability?
    2. Do Grievance policies contain the following elements:
      1. Provision for equitable resolution of student and employer complaints?
      2. Establishment of prompt resolution which includes a timetable?
      3. Responsiveness to a complaint about harassment?
      4. Language which would allow a complaint about student to student harassment to be resolved?
      5. Contact information for the 504 Coordinator?
    3. Does the educational entity keep a record of complaints and the action taken as a result of those complaints?
  2. The educational entity should ensure that counseling and assessment materials are accessible to all students.
    1. Does the educational entity ensure that counseling materials and activities do not discriminate on the basis of race, color, national origin, sex, disability, or age?
    2. Are materials free of discrimination and stereotyping in language, content and illustration?
    3. Does the educational entity ensure that counselors can effectively communicate with limited English speaking students?
    4. Does the educational entity ensure that counselors can effectively communicate with students who have hearing impairments?
    5. Are counseling activities and materials modified to address disproportionate enrollments among underrepresented groups?

 

II. Access and Admissions Section

A. Program Access Standard

The educational entity provides career and technical education course and program offerings in such a manner that does not discriminate on the basis of race, color, national origin, sex, disability, or age.

  1. The educational entity should establish eligibility criteria for admission to career and technical education courses and programs which is non-discriminatory.
    1. Do the educational entity’s admissions eligibility criteria result in proportionate enrollments by race, color, national origin, sex, disability, or age in career and technical education courses and programs?
    2. If disproportionate enrollments exist, does the educational entity have the admission criteria or standards validated as essential to participation in career and technical education courses and programs?
    3. Do the educational entity’s policies prohibit pre-admission inquiries about marital, parental, or disability status?
    4. Does the educational entity refrain from making numerical listings or separate rankings on the basis of race, color, national origin (including migrant education status), sex, disability, or age?
  2. The educational entity should establish criteria, which are non-discriminatory, for admission from waiting lists.
    1. Does the educational entity provide equal access to waiting lists for admission to career and technical education courses or programs?
  3. The educational entity should ensure equal access for English language learners.
    1. Does the educational entity ensure that CTE programs are open to students with limited English proficiency?
    2. Does the educational entity ensure that language support services are available for CTE programs?
    3. Does the educational entity have a procedure in place to identify and assess applicants with limited English proficiency (LEP)? D. Is LEP enrollment in CTE programs proportional to LEP in the school district? E. Is LEP enrollment in specific CTE programs proportional to LEP enrollment in overall CTE education?
  4. The educational entity should ensure equal access for disabled and non-disabled students to CTE programs.
    1. Are admissions tests selected and administered in a way which reflects the aptitude/achievement of individuals with disabilities rather than measuring the disability?
    2. Does the educational entity ensure that perceived limitations for employment opportunities do not impact access to career and technical education programs for students with and without disabilities?
    3. Does the educational entity refrain from imposing additional rules on students with a disability which have the effect of limiting participation?
  5. The educational entity which operates a Career and Technical education program should attempt to notify all qualified persons with disabilities in the school district who are not receiving a public education about the school programs and services.
    1. Does the educational entity provide a free, appropriate public education* to each qualified person in its jurisdiction who has a disability?
    2. Does the school have a procedure for locating and identifying qualified persons with disabilities who are not enrolled in public education who live in the school district?
    3. Does the school have a procedure for notifying identified persons with disabilities and their parents of the district’s duty to provide a free, appropriate public education?*
  6. The educational entity should not discriminate against a student because of his or her actual or potential marital or parental status.
    1. Does the educational entity treat pregnancy as any other temporary disability?
    2. Does the educational entity refrain from dismissing or excluding students because of pregnancy or parenthood?
    3. Are special programs which are provided for pregnant students or students who are parents optional?
    4. Does the educational entity eliminate barriers to school attendance and completion for pregnant and parenting teens?

*A free and appropriate public education should be designed to meet individual educational needs of persons with disabilities as adequately as the needs of persons without disabilities are met.

B. Program Recruitment Standard

The educational entity uses promotional, recruitment, selection, and admissions procedures for career and technical education course and program offerings that do not discriminate, exclude, or limit opportunities on the basis of race, color, national origin, sex, disability, or age.

  1. The educational entity should ensure that all potential students receive information about CTE programs.
    1. Does the educational entity make special efforts to reach persons in underrepresented groups in CTE programs?
    2. To the extent possible, are educational entity recruitment representatives composed of differing races, diverse national origins, both sexes, and persons with disabilities?
  2. Recruitment materials and promotional activities should be accessible for all individuals regardless of race, color, national origin, sex, disability, or age.
    1. Does the educational entity provide recruitment activities and materials which do not exclude or limit opportunities on the basis of race, color, national origin, sex, disability, or age?
    2. Are the recruitment materials and promotional activities accessible by speakers of the primary languages of the community?
    3. Are the recruitment materials and promotional activities accessible by persons with disabilities?
    4. Has the educational entity eliminated bias and stereotypes from recruitment materials and promotional activities?
C. Accessibility of Facilities Standard

The educational entity has made all facilities that house CTE programs/courses accessible to and useable by all individuals, including individuals with disabilities.

  1. Educational entity facilities are accessible for all students, including students with disabilities.
    1. Do educational entity facilities adhere to the accessibility standards for the dates when the facilities were constructed or last renovated?
    2. Do educational entity facilities provide equal access to all students, including students with disabilities?
    3. If separate programs or facilities exist for students with disabilities, are they comparable to those for students without disabilities?
    4. When there are facilities that are inaccessible, does the educational entity develop and enact a transitional plan to make the facilities accessible?
    5. When facilities are modified or renovated, are the facilities made accessible for students with disabilities?
    6. Do programs/activities not operated by the educational entity, but considered part of or equivalent to, adhere to the same standards for equal access?
    7. Do persons with disabilities have convenient access to changing facilities and shower facilities?
    8. Are programs which are open to the public or to parents accessible?
  2. Educational entity facilities are accessible for all students, including students of both sexes.
    1. Do educational entity facilities provide equal access to all students, including students of both sexes?
    2. Does the educational entity provide comparable changing rooms, showers, and other facilities for students of both sexes and for students with disabilities?
    3. If there is a disparity, does the educational entity provide a legitimate, non-discriminatory rationale?
    4. When facilities are modified or renovated, are the facilities made accessible to students of both sexes in CTE courses or programs?
  3. Educational entity facilities are accessible to all students, including minority and non-minority students.
    1. Does the educational entity have a process for determining the locations and accessibility of CTE programs for persons from national origin minority communities?
    2. When facilities are modified or renovated, are they readily accessible to minority and non-minority communities and free from having a segregative effect?
    3. Are the programs offered in a manner which does not tend to identify the facility/program as intended for minority or non-minority students? D. CTE sites are readily accessible to minority and non-minority communities and their location does not have a segregative effect?
  4. The educational entity must ensure that equipment, software, and technology is accessible to students with disabilities.
    1. Is equipment, software, and technology used in career and technical education programs accessible to students with disabilities?
    2. If equipment, software, and technology are not accessible to students with disabilities, does the educational entity mitigate the effects of the barriers and ensure equal access for students with disabilities in career and technical education courses and programs?
  5. The educational entity should provide accessible programs, services and activities for students with disabilities.
    1. Does the educational entity have a policy regarding exclusion from, denial of benefits of, or discrimination in any course, program, service, or activity solely on the basis of disability?
    2. Does the educational entity provide aides and services to assist students with disabilities in participating in CTE programs?
    3. Does the educational entity faculty receive training and information on providing accommodations for students with disabilities?
    4. Are any facilities, services or activities identifiable as being for persons with a disability comparable to those offered to students without a disability?
  6. The educational entity should provide reasonable accommodations for students with disabilities.
    1. Does the educational entity provide academic adjustments where necessary to prevent discrimination (e.g., modified course examinations)?
    2. Are course examinations offered in such a way that disabled students’ achievement levels or other factors are measured, and not their disability?
    3. Does the educational entity adjust academic requirements (e.g., adjusting the length of time to complete degree requirements) to meet the needs of individual students with a disability?
    4. Does the educational entity routinely provide auxiliary aids to students with disabilities in CTE programs when the accommodation is not perceived to alter fundamentally the essential elements of the program?
  7. The educational entity should provide placement for an individual with a disability in the educational environment, to the maximum extent appropriate to the needs of the student.
    1. Does the educational entity provide placement for an individual with a disability in the regular educational environment of any vocational program to the maximum extent appropriate to the needs of the student?*
    2. If the answer to the above is no, can it be demonstrated that education of the student with a disability in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily?
    3. Does the educational entity provide nonacademic and extracurricular services and activities for individuals with disabilities to the maximum extent appropriate to their needs?
    4. Does the educational entity place a student in a career and technical program only when 504 FAPE requirements for evaluation, placement and procedural safeguards have been satisfied?

*A free appropriate public education should be designed to meet individual educational needs of persons with disabilities as adequately as the needs of persons without disabilities are met.

 

III. Guidance and Counseling Section

A. Guidance Standard

The educational entity provides guidance services, such as admission to career and technical education courses/programs and career guidance information that do not discriminate on the basis of race, color, national origin, sex, age or disability.

  1. The educational entity should offer counseling and assessment activities in a nondiscriminatory manner.
    1. Does the educational entity ensure that students with disabilities are not counseled toward more restrictive career objectives than non-disabled students with similar abilities and interests?
    2. Do the guidance plan, policy and procedures ensure non-discrimination?
    3. Does the assessment plan ensure non-discrimination?
    4. Does the educational entity ensure that counselors do not measure or predict a student’s prospects for success in any career or program, based upon the student’s race, color, national origin, sex, disability, or age?
  2. The educational entity should ensure that counseling and assessment materials are accessible to all students.
    1. Does the educational entity ensure that counseling materials and activities do not discriminate on the basis of race, color, national origin, sex, disability, or age?
    2. Are materials free of discrimination and stereotyping in language, content and illustration?
    3. Does the educational entity ensure that counselors can effectively communicate with limited English speaking students?
    4. Does the educational entity ensure that counselors can effectively communicate with students who have hearing impairments?
    5. Are counseling activities and materials modified to address disproportionate enrollments among underrepresented groups?
  3. Counseling practices should address disproportionate enrollments in CTE courses and programs.
    1. Are CTE enrollments by race, national origin, sex, and disability proportionate to enrollments of these groups in the general student population?
    2. If enrollments in career and technical education courses or programs are not proportional, can the educational entity furnish a legitimate, non-discriminatory rationale?
B. Career Related Learning Standard

The educational entity provides related learning experiences for students that do not discriminate on the basis of race, color, national origin, sex, disability, or age.

  1. The educational entity should ensure that cooperative work experiences, work study, apprenticeship, and/or other career related learning are non-discriminatory.
    1. Are cooperative work experiences, work study, apprenticeship, Work-Base Learning and/or other career related learning program participants recruited without regard to race, color, national origin, sex, disability, or age?
    2. Does the educational entity have a policy which makes cooperative work experience, work study, apprenticeship, Work-Base Learning and/or other career related learning available to all students without regard to race, color, national origin, sex, disability, or age?
  2. The educational entity should ensure that employers involved in cooperative work experience, work study, apprenticeship, Work-Based Learning and/or other career related learning experiences provide opportunities in a non-discriminatory manner.
    1. Does the educational entity have agreements with cooperative work experience, work study, apprenticeship, and/or other career related learning partners which contain an assurance of non-discrimination?
    2. Does the educational entity refrain from cooperative work experience, work study, apprenticeship, and/or other career related learning agreements with an entity which discriminates on the basis of race, color, national origin, sex, disability, or age?
    3. Does the educational entity require employers to provide cooperative work experience without regard to race, color, national origin, sex, disability, or age?
    4. Does the educational entity refuse to honor any employer request for cooperative work experience, work study, apprenticeship, and/or other career related learning students on the basis of their freedom from disability for the students of a particular race, color, national origin, sex, disability, or age?

 

IV. Equal Opportunity Section

A. Employment Standard

The personnel policies of the educational entity do not discriminate on the basis of race, color, national origin, sex, disability, or age.

  1. The educational entity does not discriminate on the basis of race, color, national origin, sex, disability, or age with regard to pre-employment policies and procedures.
    1. Are sources of prospective employees regularly notified of the educational entity policy on non-discrimination?
    2. Does the educational entity prohibit pre-employment questions about disability, marital, or parental status?
    3. Do the recruitment efforts of the educational entity refrain from being limited to schools, communities, or companies that are disproportionately composed of persons of a particular race, color, national origin, sex, age, or those who have a disability?
  2. The educational entity does not discriminate on the basis of race, color, national origin, sex, disability, or age with regard to employment policies and procedures.
    1. Does the educational entity administer non-faculty salary based upon conditions of employment without regard to race, color, national origin, sex, disability, or age?
    2. Does the educational entity hire personnel based on conditions of employment without regard to race, color, national origin, sex, disability, or age?
    3. Does the educational entity promote personnel without regard to race, color, national origin, sex, disability, or age?
    4. Does the educational entity transfer personnel without regard to race, color, national origin, sex, disability, or age?
    5. Does the educational entity provide salary schedule and benefits for personnel without regard to race, color, national origin, sex, disability, or age?
    6. Does the educational entity grant tenure for personnel without regard to race, color, national origin, sex, disability, or age?
    7. Are educational entity faculty assignment patterns made without regard to race, color, national origin, sex, disability, or age?
    8. Has the board of the educational entity adopted an affirmative action/equal opportunity plan?
    9. Are disabled applicants provided equal opportunities for teaching and administrative positions, promotion and tenure?
    10. Has the educational entity taken steps to overcome the effects of past discrimination?

 

 

 

 

 

Last Update: August 21, 2014