Methods of Administration for Civil Rights Monitoring

Published: 7/12/2013 9:56 AM

 

The U.S. Department of Education, Office for Civil Rights (OCR), requires the Kentucky Department of Education to conduct site visits as part of its Vocational Education Methods of Administration civil rights compliance of districts that receive federal funding.  On-site reviews are based on U.S. Department of Education regulations implementing Title VI (34 CFR, Part 100), Title IX (34 CFR, Part 106), Section 504 (34 CFR, Part 104), and the Department of Justice regulations implementing Title II of the Americans with Disabilities Act (ADA) (28 CFR, Part 35), as well as the Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Disability in Vocational Education Programs (34 CFR, Part 100, Appendix B).

       

Title VI of the Civil Rights Act of 1964 (prohibiting discrimination based on race, color, and national origin) 34 CFR Part 100

 
Title IX of the Education Amendments of 1972 (prohibiting discrimination based on gender) 34 CFR Part 106

 

Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination based on disability) 34 CFR Part 104

 

U.S. Department of Justice regulations implementing: 
Title II of the Americans with Disabilities Act of 1990 (Title II), 28 CFR Part 35

Annual Notice of Nondiscrimination
In compliance with federal guidelines, prior to the beginning of each school year, recipients of federal career and technical (vocational) funds must advise students, parents, employees, and the general public that all career and technical educational opportunities will be offered without regard to race, color, national origin, sex, or disability.  The announcement of this policy of nondiscrimination should be published after July 1 and before the beginning of each school year in a forum that will allow the general public to view it such as local newspapers, recipient publications and/or other media that reach the general public, program beneficiaries, minorities (including national origin minorities with limited English language skills), women, and disabled persons.  Included in the publication should be a summary of career and technical (vocational) education program offerings and admission criteria along with the name, address and telephone number of person(s) designated to coordinate Title IX and Section 504 compliance activity.
If your service area contains a community of national origin minority persons with limited English language skills, public notification must be disseminated to that community in its language and must state that recipients will take steps to assure that the lack of English language skills will not be a barrier to admission and participation in vocational education programs.
An example of what an annual notice of nondiscrimination might look follows. The example is a minimum requirement from OCR, many districts have added statements and OCR encourages combined statements.
See example in useful links and documents.
Continuous Notice of Nondiscrimination
Ina addition to the Annual Notice of Nondiscrimination, districts and schools are required to publish a notice of nondiscrimination on a continuing basis and in a variety of locations. Some of the places would be in postings of notices, newspapers and magazines, applications for admission and employment, recruitment materials, announcements, bulletins, catalogs and websites. A more thorough explanation of these requirements including an example of a Continuous Notice of Nondiscrimination can be found in useful links and documents.
Comprehensive On-Site Reviews
In an effort to sustain a process of continuous improvement in assuring equity for all students, comprehensive on-site reviews are conducted for four (4) selected school districts. (Or Jefferson County Clusters.)
These reviews are scheduled for the four (4) selected school districts as soon as possible between December and April.
The reviews focus on requirements in the following areas:

 Administrative 
 Employment
 Counseling and Pre-Career and Technical Programs
 Recruitment
 Access and Admissions
 Services for Students with Disabilities
 Accessibility
 Comparable Facilities
 Student Financial Assistance
 Work Study, Cooperative Education, Job Placement and Apprentice Training
 Site Locations
 
Information is gathered through a combination of student and staff interviews, a comprehensive review of documents, the school / district websites and an accessibility walk-through of all Schools with CTE programs.
A “Letter of Findings” report (LOF) is issued to the district within 30 days and contains a brief explanation of the requirements, the observation of the school’s compliance with the requirements and a listing of the documentation/ methodology utilized to determine compliance.  The report contains findings that require action.  Findings denote issues that require the district to develop a plan within 60 calendar days of receipt of the notice. The report may also contain recommendations for continuous improvement.  Recommendations do not require action. Finally, any outstanding programs or services observed or discovered during the on-site review will be included in the report under commendations.
Daniel Davison
Next-Generation Schools and Districts
Division of Consolidated Plans and Audits
500 Mero Street, 8th Floor CPT
Frankfort, KY 40601
(502) 564-3791
Fax (502) 564-8149