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DO GOOD GUYS EVER WIN DO GOOD GUYS EVER WIN TITLE VI AND TITLE IX CASES?TITLE VI AND TITLE IX CASES?
Presented by:Presented by:Dan SchlaferDan Schlafer
Federal Programs DirectorFederal Programs DirectorMonroe County SchoolsMonroe County Schools
WELCOME!WELCOME!
Thanks for stopping Thanks for stopping by!by!
TN TESOL ConferenceTN TESOL Conference
Embassy Suites HotelEmbassy Suites HotelMurfreesboro, TNMurfreesboro, TN
March 10-12, 2011March 10-12, 2011
Session OverviewSession Overview
This afternoon, you’ll learn Title VI & This afternoon, you’ll learn Title VI & IX:IX:
PoliciesPolicies ProceduresProcedures Rules & RegsRules & Regs What ifsWhat ifs What nows andWhat nows and YOU’D BETTER NOTS!YOU’D BETTER NOTS!
““That’s it! I’m calling my That’s it! I’m calling my lawyer!lawyer!
I’ll see you in court!”I’ll see you in court!”-parent-parent
TITLE VITITLE VI
The Civil Rights Act of 1964The Civil Rights Act of 1964
42 U.S.C. Section 2000d et 42 U.S.C. Section 2000d et seq.seq.
““Simple justice requires that public funds, to which all taxpayers of Simple justice requires that public funds, to which all taxpayers of all races contribute, not be spent in any fashion which encourages, all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial discrimination!”entrenches, subsidizes or results in racial discrimination!”
-President John F. Kennedy, -President John F. Kennedy, 19631963
TITLE VI MANDATES THAT:TITLE VI MANDATES THAT:
““It is to be the policy of the United States It is to be the policy of the United States that discrimination on the ground of that discrimination on the ground of race, color, or national origin shall not race, color, or national origin shall not occur in connection with programs and occur in connection with programs and activities activities receiving Federal financial receiving Federal financial assistanceassistance and authorizes and directs and authorizes and directs the appropriate Federal departments the appropriate Federal departments and agencies and agencies to take action to carry to take action to carry out this policyout this policy.”.”
MISSION OF THE TENNESSEE DEPARTMENT MISSION OF THE TENNESSEE DEPARTMENT
OF EDUCATION OFFICE FOR CIVIL RIGHTSOF EDUCATION OFFICE FOR CIVIL RIGHTS::
““Ensuring equal access to education and Ensuring equal access to education and promoting educational excellence by promoting educational excellence by providing training and technical providing training and technical assistance to the Local and State assistance to the Local and State Educational Agencies throughout the Educational Agencies throughout the State of Tennessee and State of Tennessee and through the through the vigorousvigorous enforcementenforcement of the civil of the civil rights statutes applicable to rights statutes applicable to educational institutions within the educational institutions within the jurisdiction of the Tennessee jurisdiction of the Tennessee Department of Education.”Department of Education.”
SO WHAT’S THE BIG DEAL?SO WHAT’S THE BIG DEAL?
What does that have to do What does that have to do with our school system?with our school system?
PLENTY!!!PLENTY!!!
You might want to open your You might want to open your earlids!earlids!
TITLE VI PROHIBITS:TITLE VI PROHIBITS:
Preventing any person from Preventing any person from enrolling in a school, class, or enrolling in a school, class, or
extracurricular activity based on extracurricular activity based on race, color, or national origin!race, color, or national origin!
TITLE VI PROHIBITS:TITLE VI PROHIBITS:
Arbitrarily placing any student in a Arbitrarily placing any student in a school or class with the intent of school or class with the intent of
separating the student from the general separating the student from the general population of students because of the population of students because of the
student’s race, color, or national origin!student’s race, color, or national origin!
TITLE VI PROHIBITS:TITLE VI PROHIBITS:
Setting higher standards or Setting higher standards or requirements as a prerequisite requirements as a prerequisite
before allowing minorities to enroll before allowing minorities to enroll in a school, class, or activity!in a school, class, or activity!
TITLE VI PROHIBITS:TITLE VI PROHIBITS:
Unequally applying Unequally applying disciplinary action based on disciplinary action based on any student’s race, color, or any student’s race, color, or
national origin!national origin!
TITLE VI PROHIBITS:TITLE VI PROHIBITS:
Failing to provide the necessary Failing to provide the necessary language assistance to allow limited language assistance to allow limited English proficient students the same English proficient students the same
opportunity to learn as English opportunity to learn as English proficient students!proficient students!
QUICK SIDE TRIP TO ENGLISH QUICK SIDE TRIP TO ENGLISH LANGUAGE LEARNERS’ LAND!LANGUAGE LEARNERS’ LAND!
Don’t assume ELL status by last name!Don’t assume ELL status by last name! Don’t assume ELL status by Don’t assume ELL status by
appearance!appearance! Can’t retain ELL student based on Can’t retain ELL student based on
English ability!English ability! May only be placed May only be placed one grade level one grade level
below age appropriate!below age appropriate! Enrollment data (ELL, T1, T2, Migrant, Enrollment data (ELL, T1, T2, Migrant,
NELB, etc) must be correct!NELB, etc) must be correct!
TITLE VI PROHIBITS:TITLE VI PROHIBITS:
Administering tests or other assessment Administering tests or other assessment measures which by design or by grading measures which by design or by grading do not allow minority students the same do not allow minority students the same opportunity to present a true measure opportunity to present a true measure
of their abilities!of their abilities!
TITLE VI PROHIBITS:TITLE VI PROHIBITS:
Providing advice or guidance to minority Providing advice or guidance to minority students with the intent to direct students with the intent to direct
minority students away from schools, minority students away from schools, classes, or educational activities based classes, or educational activities based on their race, color, or national origin!on their race, color, or national origin!
TITLE VI PROHIBITS:TITLE VI PROHIBITS:
Providing instructional and related Providing instructional and related services to minority students services to minority students
which are inferior to those which are inferior to those provided to non-minority students!provided to non-minority students!
UNDER TITLE VI:UNDER TITLE VI:
““It is important that all recipients of It is important that all recipients of services, contractors, grantees, and services, contractors, grantees, and employees of the Department of employees of the Department of Education know their rights and Education know their rights and responsibilities under the law.”responsibilities under the law.”
UNDER TITLE VI:UNDER TITLE VI:
““As a precondition of receiving a grant, As a precondition of receiving a grant, contract, or an allocation of federal or contract, or an allocation of federal or state funds, the Department requires state funds, the Department requires that an entity sign an Assurance that an entity sign an Assurance Agreement statement. By signing Agreement statement. By signing this statement the entity agrees to this statement the entity agrees to comply with provisions set forth in comply with provisions set forth in Title VI as well as the contract.”Title VI as well as the contract.”
WHO MUST COMPLY WITH WHO MUST COMPLY WITH TITLE VI?TITLE VI?
StudentsStudents TeachersTeachers Teacher AidesTeacher Aides ParentsParents School VolunteersSchool Volunteers CoachesCoaches School AdministratorsSchool Administrators School CounselorsSchool Counselors Cafeteria EmployeesCafeteria Employees CustodiansCustodians Bus DriversBus Drivers
REMEMBER!REMEMBER!
Any person who behaves in violation of Any person who behaves in violation of Title VI so that a protected class is Title VI so that a protected class is unable to enjoy the programs and/or unable to enjoy the programs and/or activities of the Local Education activities of the Local Education Agency could violate the statute on Agency could violate the statute on behalf of the school system!behalf of the school system!
REMEMBER!REMEMBER!
Title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964 does not apply does not apply only to minorities!only to minorities! It covers all discrimination based on It covers all discrimination based on a person’s race, color or national a person’s race, color or national origin origin whatever it may be!whatever it may be!
ACTIVITIES COVERED UNDER ACTIVITIES COVERED UNDER TITLE VI:TITLE VI:
School Athletics ProgramsSchool Athletics Programs Special Education ProgramsSpecial Education Programs School TransfersSchool Transfers DisciplineDiscipline Student AssignmentStudent Assignment Field TripsField Trips Student OrganizationsStudent Organizations Classroom InstructionClassroom Instruction Ability GroupingAbility Grouping Seat AssignmentSeat Assignment Water BreaksWater Breaks Hall PassesHall Passes All Daily ActivitiesAll Daily Activities
““THEY DISCRIMINATED AGAINST THEY DISCRIMINATED AGAINST ME!”ME!”
Any person who feels they have been Any person who feels they have been discriminated against because of their discriminated against because of their race, color, or national origin may file race, color, or national origin may file a complaint. Complaints can be a complaint. Complaints can be directed to the local school system’s directed to the local school system’s Title VI Coordinator, the Tennessee Title VI Coordinator, the Tennessee Department of Education’s State Title Department of Education’s State Title VI Coordinator, or the Office for Civil VI Coordinator, or the Office for Civil Rights in Atlanta, GARights in Atlanta, GA
PROVING TITLE VI CLAIMSPROVING TITLE VI CLAIMS
Intentional discrimination/disparate Intentional discrimination/disparate treatmenttreatment (distinct disparity) – to prove, (distinct disparity) – to prove, one must show that “a challenged action one must show that “a challenged action was motivated by and intent to was motivated by and intent to discriminate, that the decision maker was discriminate, that the decision maker was not only aware of the complainant’s race, not only aware of the complainant’s race, color, or national origin, but that the color, or national origin, but that the recipient acted, recipient acted, at least in partat least in part, , because because of the complainant’s race, color, or of the complainant’s race, color, or national origin.”national origin.”
PROVING TITLE VI CLAIMSPROVING TITLE VI CLAIMS
Disparate impact/effects Disparate impact/effects – to – to prove, the complainant must show prove, the complainant must show that “a recipient, in violation of that “a recipient, in violation of agency regulations, uses a neutral agency regulations, uses a neutral procedure or practice that has a procedure or practice that has a disparate impact on individuals of a disparate impact on individuals of a particular race, color, or national particular race, color, or national origin, and such practice lacks a origin, and such practice lacks a ‘substantial legitimate justification,’” ‘substantial legitimate justification,’”
TITLE VI EMPLOYMENT TITLE VI EMPLOYMENT DISCRIMINATIONDISCRIMINATION
This statue covers employment This statue covers employment discrimination only if the primary discrimination only if the primary purpose of the federal funds is purpose of the federal funds is employment, unless the primary employment, unless the primary beneficiaries (the students) were beneficiaries (the students) were impacted by the discriminatory impacted by the discriminatory employment practices.employment practices.
HOW DO I AVOID TITLE VI HOW DO I AVOID TITLE VI COMPLAINTS?COMPLAINTS?
Keep great records! Document!Keep great records! Document! Ensure that everyone knows the law!Ensure that everyone knows the law! Revisit the law with faculty, staff, and Revisit the law with faculty, staff, and
students on a regular basis!students on a regular basis! Document that you revisited the law!Document that you revisited the law! Use common sense!Use common sense! Be sure your brain is engaged before you Be sure your brain is engaged before you
put your mouth in gear!put your mouth in gear! Apply “The Golden Rule” on a daily basis!Apply “The Golden Rule” on a daily basis!
THAT’S ALL I NEED TO DO TO THAT’S ALL I NEED TO DO TO PREVAIL IN A TITLE VI CASE?PREVAIL IN A TITLE VI CASE?
You bet!You bet!
TITLE IX OF THE EDUCATIONAL TITLE IX OF THE EDUCATIONAL AMENDMENTS OF 1972AMENDMENTS OF 1972
20 U.S.C. Sections 1681-168820 U.S.C. Sections 1681-1688Title 20 – EducationTitle 20 – Education
Chapter 38 – Discrimination Based Chapter 38 – Discrimination Based On SexOn Sex
TITLE IX STATES:TITLE IX STATES:
““No person in the United States shall, No person in the United States shall, on the basis of sex (gender), be on the basis of sex (gender), be excluded from participation in, be excluded from participation in, be denied the benefits of, or be denied the benefits of, or be subjected to discrimination under subjected to discrimination under any educational program or activity any educational program or activity receiving Federal financial receiving Federal financial assistance.”assistance.”
IN OTHER WORDS, IT’SIN OTHER WORDS, IT’S
GENDER GENDER EQUITY!EQUITY!
SIMPLY PUT:SIMPLY PUT:
““If you drive a nail for the boys, you’d better If you drive a nail for the boys, you’d better drive the exact same kind of nail, with the drive the exact same kind of nail, with the exact same kind of hammer, in the exact exact same kind of hammer, in the exact same kind of place for the girls or you’ll be same kind of place for the girls or you’ll be up that well known creek without a up that well known creek without a paddle!”paddle!”
Dr. Fred Bedelle, DeanDr. Fred Bedelle, Dean
LMU Graduate SchoolLMU Graduate School
Harrogate, TN Harrogate, TN
WHAT IF…WHAT IF…
Booster clubs buy lights for the Booster clubs buy lights for the baseball field but there’s no softball baseball field but there’s no softball booster club?booster club?
The school will be responsible for The school will be responsible for lighting the softball field!lighting the softball field!
The school system builds a nice new The school system builds a nice new field house for the football team?field house for the football team?
The school system will also build a The school system will also build a nice new field house for the girls’ nice new field house for the girls’ soccer team!soccer team!
IT’S ALL ABOUT THOSE TWO, IT’S ALL ABOUT THOSE TWO, SIX LETTER WORDS!SIX LETTER WORDS!
GENDER GENDER EQUITY!EQUITY!
GUIDELINES FOR ATHLETICS:GUIDELINES FOR ATHLETICS:
EquityEquity in number of games played in number of games played EquityEquity in equipment and supplies in equipment and supplies EquityEquity in practice time scheduling in practice time scheduling EquityEquity in the nature and extent of the in the nature and extent of the
opportunity to receive coaching and academic opportunity to receive coaching and academic tutoringtutoring
EquityEquity in the assignment and compensation of in the assignment and compensation of coaches and tutorscoaches and tutors
EquityEquity in the provision of medical and training in the provision of medical and training facilities and servicesfacilities and services
EquityEquity in the nature and extent of publicity in the nature and extent of publicity
HOW TO I ENSURE EQUITY?HOW TO I ENSURE EQUITY? NameName a District Title IX Compliance Officer! a District Title IX Compliance Officer! NameName a Title IX Coordinator for each school! a Title IX Coordinator for each school! EnsureEnsure that faculty, staff, coaches, parents and that faculty, staff, coaches, parents and
students are made aware of the law!students are made aware of the law! DocumentDocument that you have discussed the law! that you have discussed the law! Keep detailed recordsKeep detailed records of schedules, equipment of schedules, equipment
inventories, practice times and schedules, inventories, practice times and schedules, coaches resumes, coaching supplements, medical coaches resumes, coaching supplements, medical records, and publicity announcements!records, and publicity announcements!
Address problem areas immediately and Address problem areas immediately and document what you did, when you did it, document what you did, when you did it, and who witnessed it!and who witnessed it!
AvoidingAvoidingComplaints/LitigationComplaints/Litigation
ALL staff should be regularly trained ALL staff should be regularly trained on the policyon the policy
Training should be provided by Training should be provided by someone who is knowledgeable of someone who is knowledgeable of the law and involved in system the law and involved in system compliancecompliance
AvoidingAvoidingComplaints/LitigationComplaints/Litigation
CONSISTENTLY FOLLOW THE CONSISTENTLY FOLLOW THE LAW!LAW!
Apply the law to EVERYONE, the Apply the law to EVERYONE, the same way, every time - NO same way, every time - NO EXCEPTIONS!EXCEPTIONS!
Avoiding Avoiding Complaints/LitigationComplaints/Litigation
Foster good relationships!Foster good relationships! Be upfront!Be upfront! Inform parents, students and Inform parents, students and
teachers of their rights in student teachers of their rights in student handbooks, on bulletin boards, in handbooks, on bulletin boards, in newsletters, newspapers, and newsletters, newspapers, and websiteswebsites
Avoiding Avoiding Complaints/LitigationComplaints/Litigation
Ask for help!Ask for help! Contact your district’s lawyer with Contact your district’s lawyer with
regard to questions that require legal regard to questions that require legal advice specific to a particular advice specific to a particular situation!situation!
It’s much easier to get help on the It’s much easier to get help on the front end than for them to defend you front end than for them to defend you on the back end!on the back end!
““GOOD THING” OR “BAD THING?”GOOD THING” OR “BAD THING?”
Invite cheerleaders to the fall sports banquet.Invite cheerleaders to the fall sports banquet. Insist that cheerleaders buy their own trophies.Insist that cheerleaders buy their own trophies. Don’t invite cheerleaders to the winter sports Don’t invite cheerleaders to the winter sports
banquet because “they already got their trophies banquet because “they already got their trophies at the fall banquet.”at the fall banquet.”
Present the same number of awards to male Present the same number of awards to male athletes that you do to female athletes.athletes that you do to female athletes.
Require all basketball players to be present at all Require all basketball players to be present at all games.games.
Excuse half the cheerleaders from games because Excuse half the cheerleaders from games because of final exam preparation.of final exam preparation.
Have pep rallies in the fall for football only.Have pep rallies in the fall for football only. Conduct no pep rallies for spring sports.Conduct no pep rallies for spring sports. Conduct “Senior Night” activities for all sports.Conduct “Senior Night” activities for all sports.
DO “GOOD GUYS” EVER WIN DO “GOOD GUYS” EVER WIN TITLE IX CASES?TITLE IX CASES?
YES!YES!
HOW TO BE ONE OF THE HOW TO BE ONE OF THE “GOOD GUYS:”“GOOD GUYS:”
DON’T GIVE THEM DON’T GIVE THEM THE BULLETS THE BULLETS
TO SHOOT YOU TO SHOOT YOU WITH!WITH!
Do you have questions?Do you have questions?
OK, I’M GOING TO SHUT UP OK, I’M GOING TO SHUT UP NOW!NOW!
It’s your turn!It’s your turn!
OTHER RESOURCES:OTHER RESOURCES:
www.titleix.info/
www.dol.gov/oasam/regs/statutes/titleix.htm
www.ed.gov/pubs/TitleIX/index.html
Contact InformationContact Information
Dan SchlaferDan SchlaferFederal Programs DirectorFederal Programs DirectorMonroe County School SystemMonroe County School SystemOffice Email: Office Email: [email protected] Email: [email protected] Email: [email protected] Phone: 423.442.7104Office Phone: 423.442.7104Cell Phone: 423.519.6025Cell Phone: 423.519.6025Home Phone: 931.484.0653Home Phone: 931.484.0653
Contact InformationContact Information
TOCR: Lesley Farmer, DirectorTOCR: Lesley Farmer, Director
Phone: 615.253.1550 (office)Phone: 615.253.1550 (office)
Email: Email: [email protected]
TDOE: Christy Ballard, General TDOE: Christy Ballard, General CounselCounsel
Phone: 615.741.2921 (office)Phone: 615.741.2921 (office)
Email: [email protected]: [email protected]
THANKS FOR BEING HERE!THANKS FOR BEING HERE!
LET ME KNOW IF I CAN HELP YOU!LET ME KNOW IF I CAN HELP YOU!
