Transcript DO GOOD GUYS EVER WIN TITLE VI AND TITLE IX CASES?

DO GOOD GUYS EVER WIN
TITLE VI AND TITLE IX CASES?
Presented by:
Dan Schlafer
Federal Programs Director
Monroe County Schools
WELCOME!
Thanks for stopping by!
TN TESOL Conference
Embassy Suites Hotel
Murfreesboro, TN
March 10-12, 2011
Session Overview
This afternoon, you’ll learn Title VI & IX:
 Policies
 Procedures
 Rules & Regs
 What ifs
 What nows and
 YOU’D BETTER NOTS!
“That’s it! I’m calling my
lawyer!
I’ll see you in court!”
-parent
TITLE VI
The Civil Rights Act of 1964
42 U.S.C. Section 2000d et seq.
“Simple justice requires that public funds, to which all taxpayers of
all races contribute, not be spent in any fashion which encourages,
entrenches, subsidizes or results in racial discrimination!”
-President John F. Kennedy, 1963
TITLE VI MANDATES THAT:
“It is to be the policy of the United States
that discrimination on the ground of race,
color, or national origin shall not occur in
connection with programs and activities
receiving Federal financial assistance
and authorizes and directs the appropriate
Federal departments and agencies to
take action to carry out this policy.”
MISSION OF THE TENNESSEE DEPARTMENT
OF EDUCATION OFFICE FOR CIVIL RIGHTS:
“Ensuring equal access to education and
promoting educational excellence by
providing training and technical assistance
to the Local and State Educational
Agencies throughout the State of
Tennessee and through the vigorous
enforcement of the civil rights statutes
applicable to educational institutions
within the jurisdiction of the Tennessee
Department of Education.”
SO WHAT’S THE BIG DEAL?
What does that have to do with
our school system?
PLENTY!!!
You might want to open your
earlids!
TITLE VI PROHIBITS:
Preventing any person from enrolling in
a school, class, or extracurricular
activity based on race, color, or
national origin!
TITLE VI PROHIBITS:
Arbitrarily placing any student in a school or
class with the intent of separating the student
from the general population of students
because of the student’s race, color, or
national origin!
TITLE VI PROHIBITS:
Setting higher standards or
requirements as a prerequisite before
allowing minorities to enroll in a
school, class, or activity!
TITLE VI PROHIBITS:
Unequally applying disciplinary
action based on any student’s
race, color, or national origin!
TITLE VI PROHIBITS:
Failing to provide the necessary language
assistance to allow limited English proficient
students the same opportunity to learn as
English proficient students!
QUICK SIDE TRIP TO ENGLISH
LANGUAGE LEARNERS’ LAND!
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Don’t assume ELL status by last name!
Don’t assume ELL status by appearance!
Can’t retain ELL student based on English
ability!
May only be placed one grade level
below age appropriate!
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Enrollment data (ELL, T1, T2, Migrant,
NELB, etc) must be correct!
TITLE VI PROHIBITS:
Administering tests or other assessment
measures which by design or by grading do
not allow minority students the same
opportunity to present a true measure of their
abilities!
TITLE VI PROHIBITS:
Providing advice or guidance to minority
students with the intent to direct minority
students away from schools, classes, or
educational activities based on their race,
color, or national origin!
TITLE VI PROHIBITS:
Providing instructional and related
services to minority students which are
inferior to those provided to nonminority students!
UNDER TITLE VI:
“It is important that all recipients of
services, contractors, grantees, and
employees of the Department of
Education know their rights and
responsibilities under the law.”
UNDER TITLE VI:
“As a precondition of receiving a grant,
contract, or an allocation of federal or
state funds, the Department requires that
an entity sign an Assurance Agreement
statement. By signing this statement the
entity agrees to comply with provisions set
forth in Title VI as well as the contract.”
WHO MUST COMPLY WITH
TITLE VI?
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Students
Teachers
Teacher Aides
Parents
School Volunteers
Coaches
School Administrators
School Counselors
Cafeteria Employees
Custodians
Bus Drivers
REMEMBER!
Any person who behaves in violation of Title
VI so that a protected class is unable to
enjoy the programs and/or activities of the
Local Education Agency could violate the
statute on behalf of the school system!
REMEMBER!
Title VI of the Civil Rights Act of 1964 does
not apply only to minorities! It covers
all discrimination based on a person’s
race, color or national origin whatever it
may be!
ACTIVITIES COVERED UNDER
TITLE VI:
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School Athletics Programs
Special Education Programs
School Transfers
Discipline
Student Assignment
Field Trips
Student Organizations
Classroom Instruction
Ability Grouping
Seat Assignment
Water Breaks
Hall Passes
All Daily Activities
“THEY DISCRIMINATED AGAINST
ME!”
Any person who feels they have been
discriminated against because of their
race, color, or national origin may file a
complaint. Complaints can be directed to
the local school system’s Title VI
Coordinator, the Tennessee Department of
Education’s State Title VI Coordinator, or
the Office for Civil Rights in Atlanta, GA
PROVING TITLE VI CLAIMS
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Intentional discrimination/disparate
treatment (distinct disparity) – to prove, one
must show that “a challenged action was
motivated by and intent to discriminate, that the
decision maker was not only aware of the
complainant’s race, color, or national origin, but
that the recipient acted, at least in part,
because of the complainant’s race, color, or
national origin.”
PROVING TITLE VI CLAIMS
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Disparate impact/effects – to prove,
the complainant must show that “a
recipient, in violation of agency
regulations, uses a neutral procedure or
practice that has a disparate impact on
individuals of a particular race, color, or
national origin, and such practice lacks a
‘substantial legitimate justification,’”
TITLE VI EMPLOYMENT
DISCRIMINATION
This statue covers employment
discrimination only if the primary purpose
of the federal funds is employment, unless
the primary beneficiaries (the students)
were impacted by the discriminatory
employment practices.
HOW DO I AVOID TITLE VI
COMPLAINTS?
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Keep great records! Document!
Ensure that everyone knows the law!
Revisit the law with faculty, staff, and students
on a regular basis!
Document that you revisited the law!
Use common sense!
Be sure your brain is engaged before you put
your mouth in gear!
Apply “The Golden Rule” on a daily basis!
THAT’S ALL I NEED TO DO TO
PREVAIL IN A TITLE VI CASE?
You bet!
TITLE IX OF THE EDUCATIONAL
AMENDMENTS OF 1972
20 U.S.C. Sections 1681-1688
Title 20 – Education
Chapter 38 – Discrimination Based On
Sex
TITLE IX STATES:
“No person in the United States shall, on the
basis of sex (gender), be excluded from
participation in, be denied the benefits of,
or be subjected to discrimination under
any educational program or activity
receiving Federal financial assistance.”
IN OTHER WORDS, IT’S
GENDER EQUITY!
SIMPLY PUT:
“If you drive a nail for the boys, you’d better drive
the exact same kind of nail, with the exact same
kind of hammer, in the exact same kind of place
for the girls or you’ll be up that well known
creek without a paddle!”
Dr. Fred Bedelle, Dean
LMU Graduate School
Harrogate, TN
WHAT IF…
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Booster clubs buy lights for the baseball
field but there’s no softball booster club?
The school will be responsible for
lighting the softball field!
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The school system builds a nice new field
house for the football team?
The school system will also build a nice
new field house for the girls’ soccer
team!
IT’S ALL ABOUT THOSE TWO,
SIX LETTER WORDS!
GENDER
EQUITY!
GUIDELINES FOR ATHLETICS:
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Equity in number of games played
Equity in equipment and supplies
Equity in practice time scheduling
Equity in the nature and extent of the opportunity to
receive coaching and academic tutoring
Equity in the assignment and compensation of coaches
and tutors
Equity in the provision of medical and training facilities
and services
Equity in the nature and extent of publicity
HOW TO I ENSURE EQUITY?
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Name a District Title IX Compliance Officer!
Name a Title IX Coordinator for each school!
Ensure that faculty, staff, coaches, parents and
students are made aware of the law!
Document that you have discussed the law!
Keep detailed records of schedules, equipment
inventories, practice times and schedules, coaches
resumes, coaching supplements, medical records, and
publicity announcements!
Address problem areas immediately and
document what you did, when you did it, and who
witnessed it!
Avoiding
Complaints/Litigation
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ALL staff should be regularly trained on
the policy
Training should be provided by someone
who is knowledgeable of the law and
involved in system compliance
Avoiding
Complaints/Litigation
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CONSISTENTLY FOLLOW THE LAW!
Apply the law to EVERYONE, the
same way, every time - NO
EXCEPTIONS!
Avoiding
Complaints/Litigation
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Foster good relationships!
Be upfront!
Inform parents, students and teachers of
their rights in student handbooks, on
bulletin boards, in newsletters,
newspapers, and websites
Avoiding
Complaints/Litigation
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Ask for help!
Contact your district’s lawyer with regard
to questions that require legal advice
specific to a particular situation!
It’s much easier to get help on the front
end than for them to defend you on the
back end!
“GOOD THING” OR “BAD THING?”
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Invite cheerleaders to the fall sports banquet.
Insist that cheerleaders buy their own trophies.
Don’t invite cheerleaders to the winter sports banquet
because “they already got their trophies at the fall
banquet.”
Present the same number of awards to male athletes
that you do to female athletes.
Require all basketball players to be present at all games.
Excuse half the cheerleaders from games because of
final exam preparation.
Have pep rallies in the fall for football only.
Conduct no pep rallies for spring sports.
Conduct “Senior Night” activities for all sports.
DO “GOOD GUYS” EVER WIN
TITLE IX CASES?
YES!
HOW TO BE ONE OF THE
“GOOD GUYS:”
DON’T GIVE THEM THE
BULLETS
TO SHOOT YOU WITH!
OK, I’M GOING TO SHUT UP
NOW!
It’s your turn!
Do you have questions?
OTHER RESOURCES:
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www.titleix.info/
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www.dol.gov/oasam/regs/statutes/titleix.htm
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www.ed.gov/pubs/TitleIX/index.html
Contact Information
Dan Schlafer
Federal Programs Director
Monroe County School System
Office Email: [email protected]
Home Email: [email protected]
Office Phone: 423.442.7104
Cell Phone: 423.519.6025
Home Phone: 931.484.0653
Contact Information
TOCR: Lesley Farmer, Director
Phone: 615.253.1550 (office)
Email: [email protected]
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TDOE: Christy Ballard, General Counsel
Phone: 615.741.2921 (office)
Email: [email protected]
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THANKS FOR BEING HERE!
LET ME KNOW IF I CAN HELP YOU!