Iowa Department of Education Educational Equity Review March … · 2017-05-16 · Iowa Department of Education Educational Equity Review March 2011 . ... 4,541English language learners

11-032 AGENDA

Date: September 20, 2011

Contact: Nancy Sebring

Iowa Department of Education

Educational Equity Review

March 2011

Championing Excellence for all Iowa Students through Leadership and Service

Grimes State Office Building - 400 E 14th St - Des Moines IA 50319-0146

PHONE (515) 281-5294 FAX (515) 242-5988

www.educateiowa.gov

TERRY BRANSTAD, GOVERNOR DEPARTMENT OF EDUCATION KIM REYNOLDS, LT. GOVERNOR JASON E. GLASS, DIRECTOR

September 2, 2011 Dr. Nancy Sebring, Superintendent Des Moines Independent Community School District 901 Walnut Street Des Moines, IA 50309

Dear Superintendent Sebring:

The Iowa Department of Education would like to express appreciation for the courtesies extended to Jeanette Thomas, Dale Gruis, Jim Donoghue, Dianne Chadwick, Ross Wilburn, San Wong, Stephanie Vititoe, Dustin Gean and Gary Schwartz during the educational equity review conducted in conjunction with the comprehensive school improvement site visit to Des Moines Public Schools (DMPS) on March 21-25, 2011. The purpose of the equity on-site review was to ascertain the compliance status of your district in accordance with federal and state civil rights laws including the ―Career and Technical Education Program Guidelines for Eliminating Discrimination.‖

The primary purpose of this letter is to communicate findings of the visit. The findings are organized into three primary components: areas of strength and observations, areas of noncompliance, and concerns and recommendations. Legal citations are included where compliance is an issue. It is the Department’s hope that this report provides guidance in enhancing academic achievement and success for all students in your district and helps to ensure that your continuous improvement efforts are meeting the needs of all students.

The second purpose of this letter is to formally request a voluntary compliance plan be submitted to Del Hoover within 60 calendar days of the date of this letter, which is on or before November 2, 2011. The compliance plan must address each area of noncompliance in this letter and must contain the components listed in Attachment A, an enclosure with this letter and be signed and dated by the Superintendent. In the event that you feel one or more of the findings are erroneous, the procedure for an appeals process is also enclosed (See Attachment B).

If you desire clarification of the contents of this letter, please contact Del Hoover, Deputy Administrator, Division of Learning and Results (515/281-8402) or Jeanette Thomas, Equity Consultant, Adult, Career, and Community College Education at (515) 281-3636. Continued technical assistance for any issue or concern that may arise within your district is available through the Department of Education. Thank you for your cooperation in this matter and your continued interest in ensuring that your educational programs and continuous improvement activities are effectively serving all students.

Sincerely,

Del Hoover, Deputy Administrator Bureau of Accreditation and Improvement Services Iowa Department of Education cc: Site Visit Team Members

School Board President Iowa Department of Education Official File AEA Office

Des Moines Independent CSD Equity Report Page 2

Educational Equity Review

Des Moines Independent Community School District

Summary of Team Findings

March 21-25, 2011

Iowa Department of Education Grimes State Office Building Des Moines, Iowa 50319-0146


Equity Policy, Process and Procedures This section includes issues related to the board policies, the functioning of the equity coordinator, the grievance procedure, and the dissemination of information to parents, to staff, to students, and to the community. A. Strengths and/or Observations 1. The Des Moines Independent Community School District’s has an enrollment of 30,050

students, fifty-one percent (51%) of whom are males and forty-nine percent (49%) of whom are females. Sixty-six percent (66%) of the district’s students qualify for free and reduced-price lunches. Approximately sixteen percent (16%) of the students have individual education plans (IEP) and receive special education services. There are 4,541English language learners (ELL) enrolled who are receiving English language assistance. Forty-nine percent (49%) of the district’s students are minority. This includes 6,145 Hispanic students, 5,150 African American students, 1,585 Asian American students, 137 Native American students, 41 Pacific Islander students, and 1,796 Multi-Race students.

2. Some interviewees were able to report there were assigned staff responsible for

communicating equity-related policy information at the building level. It was also reported that the nondiscrimination statement will be embedded on a new website being designed for online employment applications.

B. Concerns and Recommendations 3. The district’s Equity Coordinator has retired and the position remains unfilled. The

Chief Academic Officer serves as the interim equity coordinator; however, multiple interview groups were unable to identify the current equity coordinator or the role of the coordinator. There was no documented evidence of activities which demonstrate the new coordinator has been actively functioning. The district has divided the responsibilities for affirmative action, 504/ADA, complaint investigation, and civil rights. Due to the size and scope of the district, this would be appropriate with clearly defined roles for each function and the person(s) responsible listed consistently in school publications and on the website. Information regarding notification, complaints, and grievance procedures, and the individual responsible for each of these multiple functions is currently difficult to locate. There also appears to be an overlap of job functions. For example, interviewees named different contacts for the same positions; multiple contact phone numbers are listed on different publications; and job descriptions do not reflect specific job titles and functions. The district is advised to review and to update job descriptions for each function and to provide the necessary training to ensure that individual(s) are functioning effectively in their positions as outlined in state and federal regulations. Contact information should be clearly communicated to stakeholders.


The coordinator should be more proactive in the following ways:

Annually monitor the district’s website and publications to ensure that they include current information about the district’s non-discrimination and harassment policies, the identity and contact information for the equity coordinator, and information about the civil rights-related grievance procedure.

Annually monitor the district’s website and publications to ensure that they include current contact information for the Office for Civil Rights, Citigroup Center, 500 W. Madison Street, Suite 1475, Chicago, IL 60661.

Communicate annually with parents, students, and staff about their rights and responsibilities related to non-discrimination and harassment policies.

Facilitate use of the district’s grievance procedure and making sure that grievance forms are available in all building sites and on the website.

Annually monitor student course enrollment and achievement trends by racial / ethnic background, gender, and disability and orchestrating the district’s response to the data.

Facilitate a review of the policies, practices, and curriculum in programs where enrollment patterns are disparate on the basis of racial / ethnic background, gender, and disability.

Monitor staff efforts to implement strategies to recruit students who have been under-represented into those programs and courses.

Coordinate professional development related to equity/diversity related issues.

Monitor membership of advisory committees in the district to ensure that diverse voices in the district are included.

Make an annual equity report with recommendations to the School Improvement Advisory committee (SIAC) and to the school board.

Facilitate periodic conversations with students, staff, and parents on ways the district might better respect, reflect, and celebrate diversity.

C. Areas of Non-Compliance 4. Documents reviewed, including the grievance procedure, EEO/AA program, employee

and student handbooks, and board policies, do not currently include non-discrimination and harassment on the basis of gender identity. The district should ensure all protected classes are covered in major publications and policies. It should also be found on the district’s homepage or linked to the homepage. Iowa Code, Section 216.9, Unfair or Discriminatory Practices – Education.

5. Interview groups including faculty, staff, parents, and students were unaware of the

grievance procedure used to investigate complaints of discrimination, where the grievance procedure documentation (forms) are located, or how the grievance procedure works. There is an inconsistent level of awareness regarding equity, affirmative action, and non-discrimination policies and procedures. While staff reported training is delivered annually for new and existing employees, this did not seem apparent with those interviewed. The district shall provide ongoing training programs outlining the civil rights grievance procedures for new and existing students and staff.


The district must use effective methods to inform parents, employees, students and applicants for employment of the grievance procedure and how it can be accessed. 34 CFR Part 106.8 Designation of responsible employee and adoption of grievance procedure.

School Improvement and the Educational Program This section includes equity issues related to the district improvement process, curriculum, instruction, assessment, student achievement, achievement gaps, retention gaps, completion gaps, and media services. Equity issues related to the Comprehensive School Improvement Plan (CSIP), the Annual Progress Report (APR), and the School Improvement Advisory Committee (SIAC) might be included here. A. Strengths and/or Observations

6. District leaders described a data-driven approach at the district and building levels to assess the learning environment, student performance, and evaluation. Some buildings utilize data teams to track student progress and to identify students in need of academic supports. For example, an Iowa Test of Basic Skills (ITBS) goal sheet was developed by middle school teachers to set realistic goals for student progress. International Baccalaureate (IB) school instructors discussed analyzing data to monitor student achievement as well.

7. Lincoln High School has a pre-apprenticeship construction program where unions,

primarily the Laborers’ Union, have contributed tools, materials for the program, the curriculum, and provided training for a high school construction instructor to better utilize the curriculum. Some other programs are funded through local unions – with no cost to the district. Students completing the program are prepared to enter an apprenticeship program.

8. Nurses provide culturally competent healthcare training targeting immigrant and

refugee populations. They also provide resources such as transportation and translation services to improve access to healthcare services for underserved populations.

B. Concerns and Recommendations 9. In reviewing district data and interviewing school representatives, there is no indication

the district has data regarding the status of graduates in post-high school employment or postsecondary education. The district should consider conducting graduate follow-up surveys at the following intervals: upon graduation, one (1) year after graduation, and five (5) years after graduation. If this data is currently being collected, the district should ensure that it is shared with all stakeholders and used to make program modifications.

10. Career and Technical Education (CTE) advisory committee members shared the

perception some high school counselors may not view CTE as viable career option,


and therefore, might be reluctant to encourage students to enroll in CTE courses. CTE advisory committee members stated that females and minority students now have greater opportunities in career and technical careers, and can also earn district credit in CTE programs. The district should consider building on this momentum by promoting the success of CTE students and the programs offered at Central Campus; providing access to CTE career information; and utilizing the Program of Study career paths.

11. School counselors expressed concern regarding their inability to implement a

comprehensive guidance curriculum because of large assignments. In some buildings, counselors spend more time doing crisis work and/or scheduling rather than the implementation of the required guidance curriculum. Multiple interviewees questioned whether the comprehensive guidance curriculum is being delivered. Classroom guidance may be implemented in some schools and not others.

12. The number of counselors varies from site to site, and some counselors reported there

are resource inequities from building to building. For example, the Early Intervention System and attendance data is not available to all counselors. Counselors recommended the district might look at resource mapping to ensure all students have equitable access to quality counseling programs.

13. Counselors reported a desire to work with building administrators to positively impact

closing the achievement gap. They also expressed the need to connect with students in a mentoring role; increased professional development opportunities on data analysis for counselors district-wide; and a continued focus on the American School Counselor Association’s model to better serve students.

14. Teachers, students, and parents were concerned that career and technical exploratory

classes had been discontinued, thereby eliminating real-world experiences for students outside of the classroom. Consider analyzing how the loss of these courses may lead to gender segregation and negatively impact career preparation in future years.

15. It was reported district gifted and talented services vary among buildings. There was a

perception administrative support might be inconsistent across the district. It was also reported that there is a significant program drop-out rate for students in the gifted/talented programs because of a lack of support services to serve students and to keep them engaged. Consider contacting Mary Schmidt, Consultant for Gifted and Talented at Heartland AEA 11 ([email protected], 515–270–0405, ext. 14375) or Rosanne Malek, Consultant for Gifted and Talented and Fine Arts at the Iowa Department of Education ([email protected], 515–281–3199) for assistance. Resources, including a self-evaluation tool, can be found through Heartland AEA web site: http://www.aea11.k12.ia.us/educators/gifted/index.html .

16. Career and technical advisory committee members discussed the need for diversity in their respective industries, but had not been provided data regarding the district’s demographics. Consider providing CTE Advisory Committees with information about student demographics and student achievement. Consider working with Department of

mailto:[email protected]


http://www.aea11.k12.ia.us/educators/gifted/index.html


Education consultants for technical assistance, as well as current advisory members, to increase diversity of the student population in career and technical courses.

C. Areas of Non-Compliance

17. The make-up of the district’s CTE advisory committees is predominately male and

white. Advisory committees should reflect as broad a spectrum as possible of the student and community population it serves in regards to race/ethnicity, gender, and disability. Some committees have no representation of Hispanic or African-American team members. The district should strive to secure committee representation that is within ten percentage (10%) points of the district's overall demographics. The district shall consider modifying its current policy on the use of ad hoc committees to establish expectations the membership will fairly represent each gender and minority residing in the school district. One of the many roles of the equity coordinators is to monitor the membership lists of the district’s committees to ensure that all the voices in the district are being heard when educational issues are discussed. Title VI – Civil Rights Act, 1964 34 CFR Part 100.3 Discrimination prohibited; Iowa Code Section 258.9 Local advisory council; Section 69.16A Gender balance; Iowa Administrative Code 12.2(256) Definitions; 12.8(1)(c)(2) Content standards and benchmarks. Iowa Administrative Code 281; Iowa Administrative Code 281 section 12.5(5)(i).

Access, Integration, and Inclusion

This section includes equity issues related to enrollment trends in buildings, programs, courses and activities on the basis of gender, racial / ethnic background, and disability. Also included is the review of accessibility of facilities and the instructional program for students, staff, parents, and community members with disabilities.

A. Strengths and/or Observations

18. The district has sixty-three (63) attendance centers. The following high schools with career technical education (CTE) programs and most of the middle schools were reviewed for accessibility:

Central Campus and Central Academy East High School Hoover High School Lincoln High School Lincoln 9th/Kurtz North High School Roosevelt High School Scavo Alternative High School Brody Middle School Callanan Middle School Goodrell Middle School Harding Middle School


Hiatt Middle School Hoyt Middle School McCombs Middle School Meredith Middle School Ruby Van Meter School Smouse Opportunity School Weeks Middle School

Accessibility was reviewed in the following areas: parking, passenger loading zones, exterior route of travel, ramps, stairs, lifts, entrances, lobbies and corridors, elevators, rooms and spaces, restrooms, shower rooms, assembly areas, cafeterias, and libraries.

19. The district has several initiatives in place to increase program access for students on

the basis of gender, racial / ethnic background, and disability. Some program examples include:

Participation for seventh and eighth grade students in the Central Academy

Gear Up

Upward Bound

Brother 2 Brother

Sisters 4 Success

Spirit Committee

Science Bound 20. Parents of Central Campus students voiced appreciation for the services provided by

the school. Students are able to progress in academics in a positive and welcoming learning environment. Parents stated that the experience at Central Campus allows students to grow socially and academically. Parents also recognized the value of the learning experiences provided by Central Academy.

21. Middle school students reported students with physical disabilities were easily accommodated in their building. Middle school parents reported the principal addressed discrimination and sexual harassment incidents accordingly. In addition, parents stated principals work with them to address issues related to accommodations.

22. To meet the needs of diverse learners, middle school teachers reported the district

encouraged them to do more cooperative learning, to manage learning styles, and to practice more engagement techniques such as Think-Pair-Share.

23. Collaborative special education and general education teachers interviewed stated small learning communities, data teaming, and collaborative time provided a positive learning environment for special education students. Several teachers stated students could not differentiate between general education and special education teachers.


B. Concerns and Recommendations 24. Teachers, students, staff, and parents reported the perception of inconsistent allocation

of resources among school buildings district-wide. Examples given by stakeholders included access to computer / electronic technology, student support programs, and language software tools. The district would benefit from a formalized needs assessment based on data and an inventory of resources building by building to assist in allocating resources based on student need in each attendance center.

25. Parents interviewed expressed concern regarding a lack of stakeholder communication

when policy changes are made. For example, when a boundary requirement involving entry into a school of choice was eliminated, parents and community members were unaware of the change, resulting in missed enrollment opportunities for some students. The district might consider reviewing its current communication processes and identify areas for improvement.

26. Multiple groups interviewed expressed concern regarding the impact of student transfer

among schools within the district on demographics at those respective schools. Consider analyzing how open enrollment within the district may be impacting building demographics, the district’s diversity plan, and future planning initiatives.

27. Multiple interview groups cited bus transportation issues as barrier to program access.

Some parents of students with disabilities reported frequent deviation from scheduled pick-up and drop-off times. ELL staff stated that a lack of bus transportation may contribute to the dropout rate for Hispanic students, and particularly for refugee students who are only eligible for transportation for one year.

28. Staff and teachers of at-risk programming discussed wide variation in the following

areas:

Suspension policies and practices are perceived to vary from building to building among sub-groups. Some staff were concerned that students were being given out of school suspensions for missing school.

District data reports the suspension rate for black students is thirty-four percent (34%), while they comprise only seventeen percent (17%) of total student enrollment.

The special education enrollment rate for black students is also at a high rate of twenty-four percent (24%).

Male students are overrepresented in special education enrollment. Males comprise sixty-five percent (65%) of the special education population while comprising fifty-one percent (51%) of the total student population.

White students comprise seventy-two percent (72%) of gifted and talented enrollment, although they are only fifty-one percent (51%) of the total.


The district needs to analyze all categories at least annually to ensure that enrollment and participation trends are not approaching threshold percentages - which can indicate students from underrepresented groups are not suspended inappropriately, placed in special education at higher rate, and have equitable access to all educational opportunities. Consider a systematic building by building analysis of multiple years of data on suspensions and expulsions for high and low rates, in addition to other patterns that might merit further investigation.

B. Areas of Non-Compliance 29. Disproportionate representation of students by race, gender and disability exists when

the difference between the district’s demographics and the enrollment or participation in a course, activity or program, is greater than ten percent (10%). Multiple career and technical programs are disproportionate by gender, i.e., aviation is between 88.28 - 100% male, while nursing is 90% - 100% female. There is over- or underrepresentation in the following areas: Industrial Technology Advisory Committee; Agricultural Education Advisory Committee; Architecture, Construction, Engineering Advisory Committee; Central Campus Café; Energy Challenge; and Pro Start. Conduct regular analysis of data and actively develop strategies to decrease incidence of segregated courses. It is not illegal for segregated courses / activities to exist, but data shall be analyzed and plan(s) shall be in place to deter the occurrence of segregation. Explore ways to balance participation such as: revising course titles / descriptions, developing flyer / posters showing underrepresented groups, providing presentations to students, and targeting student recruitment. Review appropriate data to assure that courses, facilities, scheduling, etc. do not create barriers to enrollment which create underrepresentation or isolation of sub-groups. Contact Jeanette Thomas, DE Equity Consultant for technical assistance at [email protected] or 515-281-3636. Title IX of the Education Amendments of 1972, 106.34, 106.36; Office of Civil Rights Guidelines 1979 Section V.B. Counseling and prospects for success and Section V.C. Student Recruitment Activities (Title VI of the Civil Rights Act of 1964 100.3).

30. There are a number of compliance issues related to the accessibility of facilities to

students, parents, employees, and community members with disabilities. They include the following:

Des Moines Central Campus, 1800 Grand Ave, Des Moines, IA 50309 (Grades: 7-12)

Building / Additions Year built and number of levels Applicable standards

Original construction 1916 – five levels with two freight elevators

Programs within facility must be readily accessible

Building renovation for school use

1956 Programs within facility must be readily accessible

Renovated 3rd floor for Marine Biology and installed new passenger elevator

2009 (passenger elevator) ADA standards

Currently renovating 1st and 2011 ADA standards



2nd floors for culinary arts and school board meetings

Parking lot ADA standards

Compliance Issues:

Area of non-compliance Compliance issues Standard

Written accessibility plan For facilities or parts of facilities that were constructed or altered before June 4, 1977, programs must be readily accessible. The school district is required to have a written plan that describes how the programs and services in the pre-1977 portion of the building that are inaccessible are made available to students, staff, parents, and community members with disabilities. The written accessibility plan needs to address accessibility to these programs, posted on the district’s website, and made available in the district’s administrative offices.

Programs within facility must be readily accessible. Wellness Center Program, gymnasium, and programs on 4

th and 5

th floors need to be

addressed in the written accessibility plan.

Parking Need five additional accessible parking spaces near accessible entrance that must be at least 8 feet wide, with a 5-foot access aisle (two spaces can share an access aisle). Must have at least one van-accessible parking space with a 96-inch wide access aisle and 98 inches of vertical clearance. At accessible parking spaces, there must be a vertical sign showing the international symbol of accessibility and at the van spaces, there must be signs reading ―Van Accessible.‖

ADA Standards 4.1.2(5)(a); 4.6.1; 4.6.3 ADA Standards 4.1.2(5)(b); 4.6.5 ADA Standards 4.6.4; 4.30.7

Passenger loading zones Near main entry of Central Campus, there must be an access aisle 60 inches wide by 20 feet long adjacent and parallel to the vehicle pull-up space. A sign displaying the international symbol of accessibility must be at the accessible passenger loading zone.

ADA Standards 4.1.2(5)(c); 4.6.6 ADA Standard 4.1.2(7)(b)

Toilet rooms Recommend to update restrooms on 2nd

floor, 4

th floor, and 5

th floor for accessibility.

Recommendation

Central Academy, 1912 Grand Ave, Des Moines, IA 50309 (Grades: 7-12) Building Information: (combined with Central Campus Building)


Original construction 1920 – three levels with an elevator Programs within facility must be readily accessible


Renovated for school use 2008 ADA standards

Parking lot and parking ramp ADA standards

Compliance Issues:


Parking Must have at least one van-accessible parking space with a 96-inch wide access aisle and 98 inches of vertical clearance. At accessible parking spaces, there must be a vertical sign showing the international symbol of accessibility and at the van spaces, there must be signs reading ―Van Accessible.‖

ADA Standards 4.1.2(5)(b); 4.6.5 ADA Standards 4.6.4; 4.30.7

Passenger loading zones Near main entry of Central Campus, there must be an access aisle 60 inches wide by 20 feet long adjacent and parallel to the vehicle pull-up space. A sign displaying the international symbol of accessibility must be at the accessible passenger loading zone.


East High School, 815 E 13th St, Des Moines, IA 50316 (Grades: 9-12)


Original construction 1912 – four levels (no elevator) Programs within facility must be readily accessible

Addition of competition gymnasium


Addition of library 1967 Programs within facility must be readily accessible

Addition of north math wing 1972 Programs within facility must be readily accessible

Remodeled restrooms for ADA

1992 ADA standards

Total renovation of existing building and installed three elevators

2005 (3 elevators) ADA standards

Addition of community center, gymnasium, locker rooms, and music area

2006 ADA standards

Parking lot 2006 ADA standards

Compliance Issues:


Parking Need four additional accessible parking spaces in the north parking lot that must be at least 8 feet wide with a 5-foot access aisle (two spaces can share an access

ADA Standards 4.1.2(5)(a); 4.6.1


aisle). Recommend to move two accessible parking spaces in west parking lot because spaces are not near an accessible entrance.

Recommendation

Passenger loading zones Near main entry of the school, there must be an accessible passenger loading zone that has an access aisle 60 inches wide by 20 feet long adjacent and parallel to the vehicle pull-up space. A sign displaying the international symbol of accessibility must be at the accessible passenger loading zone.


Entrances Inaccessible entrances must have signs indicating the location of the nearest accessible entrance. When not all entrances are accessible, accessible entrances must be identified by the international symbol of accessibility.

ADA Standards 4.1.3(8)(d); 4.30 ADA Standards 4.1.2(7)(c); 4.30

Lobbies and Corridors Need signs that comply with the appropriate requirements for directional signage which provide direction to, or information about functional spaces of the building.

ADA Standards 4.1.3(16)(b); 4.30

Library A written plan is required for addressing the accessibility issue for the balcony portion of the library (1967).


Shower Rooms Tactile signage is required for identifying the 2006 accessible shower rooms in community center, placed on the wall at the latch side of the door, centered 60 inches above the floor.

ADA Standards 4.1.3(16)(a); 4.30

Assembly Areas - Auditorium A written plan is required for addressing the accessibility issue for wheelchair accessibility in the auditorium.


Hoover High School, 4800 Aurora Ave, Des Moines, IA 50310 (Grades: 9-12)


Original construction 1967 – two levels with one elevator Programs within facility must be readily accessible

Addition of shop and music areas


Addition of small gymnasium 1975 Programs within facility must be readily accessible

Building electrical upgrade 1992 ADA standards

Addition of media center and office area and renovated cafeteria and restrooms near gymnasium and cafeteria

2011 ADA standards



Compliance Issues:

Area of non-compliance Compliance issue Standard

Written accessibility plan For facilities or parts of facilities that were constructed or altered before June 4, 1977, programs must be readily accessible. The school district is required to have a written plan that describes how the programs and services in the pre-1977 portion of the facility that are inaccessible are made available to students, staff, parents, and community members with disabilities.


Parking During visit, the parking lot was under construction but provided temporary accessible parking near accessible entrance. After construction is completed, insure that there is adequate number of accessible parking spaces available near accessible entrance. Accessible parking spaces must be at least 8 feet wide with a 5-foot access aisle (two spaces can share an access aisle). There must be at least one van-accessible parking space with a 96-inch wide access aisle, and 98 inches of vertical clearance. Accessible parking spaces must be marked with a vertical sign showing the international symbol of accessibility and van spaces must have signs reading ―Van Accessible.‖

ADA Standards 4.1.2(5)(a); 4.6.1 ADA Standards 4.6.3; 4.1.2(5)(a) ADA Standards 4.1.2(5)(b); 4.6.5 ADA Standards 4.6.4; 4.30.7



Lobbies and Corridors Recommend signage that complies with the appropriate requirements for directional signage which provide direction to, or information about functional spaces of the building. Door handles in renovated areas must be 48 inches high or less and operable without tight grasping, pinching, or twisting of the

Recommendation ADA Standard 4.13.9


wrist.



Stairs Handrails for stairs in renovated area must be continuous on both side with extensions beyond the top and bottom stairs

ADA Standard 4.9.4

Toilet rooms A written plan is required for addressing the accessibility issue for second floor restrooms especially for public use.


Lincoln High School, 2600 SW 9th St, Des Moines, IA 50315 (Grades: 10-12)


Original construction 1923 – three levels (no elevator) Programs within facility must be readily accessible

Building modification 1958 Programs within facility must be readily accessible

Building modification 1961 Programs within facility must be readily accessible

Addition for gymnasium and pool


Addition of eight classrooms 1972 Programs within facility must be readily accessible

Addition of media center, five classrooms, and shop area

1975 Programs with facility must be readily accessible

Building addition, entire building renovation, and installation of four elevators

2006 (four elevators) ADA standards


Compliance Issues: Area of non-compliance Compliance issue Standard

Parking There must be at least one van-accessible parking space with a 96-inch wide access aisle, and 98 inches of vertical clearance. Accessible parking spaces must be marked with a vertical sign showing the international symbol of accessibility and van spaces must have signs reading ―Van Accessible.‖


Passenger loading zones Near main entry of the school, there must be an accessible passenger loading zone that has an access aisle 60 inches wide by 20 feet long adjacent and parallel to the vehicle pull-up space. A sign displaying the international symbol of



accessibility must be at the accessible passenger loading zone.



Lobbies and Corridors Need signs which provide direction to, or information about, functional spaces of the building that comply with the appropriate requirements for directional signage.


Toilet rooms Recommend to replace incorrect signage for restrooms that are not accessible.

Recommendation

Lincoln South 9th High School, 1000 SW Porter, Des Moines, IA 50315 (Grade: 9) Building Information:


Original construction 1959 – two levels (no elevator) Programs within facility must be readily accessible – second floor inaccessible


Compliance Issues:


Written accessibility plan For facilities or parts of facilities that were constructed or altered before June 4, 1977, programs must be readily accessible. The school district is required to have a written plan that describes how the programs and services in the pre-1977 portion of the facility that are inaccessible are made available to students, staff, parents, and community members with disabilities.




Passenger loading zones Near northeast entrance of the school, there must be an accessible passenger loading zone that has an access aisle 60 inches wide by 20 feet long adjacent and parallel to the vehicle pull-up space. A sign displaying the international symbol of




Lobbies and Corridors Recommend signage that complies with the appropriate requirements for directional signage which provide direction to, or information about functional spaces of the building. Recommend signage that designate permanent rooms and spaces, such as rest room signs, signs at exit doors, and room numbers that comply with the appropriate requirements for signage.

Recommendation Recommendation

Entrances Inaccessible entrances must have signs

indicating the location of the nearest accessible entrance. When not all entrances are accessible, accessible entrances must be identified by the international symbol of accessibility.


Toilet rooms First floor has an accessible unisex restroom. A written plan is required for addressing the accessibility issue for second floor restrooms.


Libraries A written plan is required for addressing the library accessibility issue on second floor.


North High School, 501 Holcomb Ave, Des Moines, IA 50313 (Grades: 9-12)


Original construction 1957 – two levels (no elevator) Programs within facility must be readily accessible

Addition of counseling, music, industrial tech, and art areas


Building electrical upgrade 1992 ADA standards

Addition of administration area, elevator, and entire building renovation. Currently the building is under construction.

2010 (elevator) ADA standards


Compliance Issues:


Parking Need two additional accessible parking spaces for a total of ten accessible parking spaces. Accessible parking spaces must be at least 8 feet wide with a 5-foot access aisle (two spaces can share an access aisle).

ADA Standards 4.1.2(5)(a); 4.6.1 ADA Standards 4.6.3; 4.1.2(5)(a)


There must be at least one van-accessible parking space with a 96-inch wide access aisle, and 98 inches of vertical clearance. Accessible parking spaces must be marked with a vertical sign showing the international symbol of accessibility and van spaces must have signs reading ―Van Accessible.‖




Pool Area A written plan is required for addressing the pool accessibility issue.


Toilet Rooms Must provide accessible restrooms on second floor.

ADA Standards 4.1.2(6); 4.1.3(11); 4.1.6(3)(e); 4.22; Fig. 30

Shower Rooms A written plan is required for addressing the inaccessibility of shower rooms (1957).

Programs within facility must be readily accessible.

Roosevelt High School, 4419 Center St, Des Moines, IA 50312 (Grades: 9-12)


Original construction 1923 – three levels (no elevator) Programs within facility must be readily accessible

Addition of competition gymnasium


Addition of library 1972 Programs within facility must be readily accessible

Replaced auditorium doors 1975 Programs within facility must be readily accessible

Remodeled restrooms for ADA

1992 ADA standards

Renovation of existing building and installation of elevator




Written accessibility plan For facilities or parts of facilities that were constructed or altered before June 4, 1977, programs must be readily accessible. The school district is required to have a written plan that describes how the programs and services in the pre-1977 portions of the



facility that are inaccessible are made available to students, staff, parents, and community members with disabilities. The 1923 penthouse areas for classrooms, 1962 weight room, 1962 pool area, and auditorium stage are inaccessible for the public. The written accessibility plan needs to address accessibility to these programs, posted on the district’s website, and made available in the administrative offices.

Parking Accessible parking spaces must be marked with a vertical sign showing the international symbol of accessibility and van spaces must have signs reading ―Van Accessible.‖

ADA Standards 4.6.4; 4.30.7





Lobbies and Corridors Recommend to install signs which provide direction to or information about functional spaces of the building and comply with the appropriate requirements for directional signage. Recommend to replace door handles with lever handles that are operable without tight grasping, pinching, or twisting of the wrist.


Shower Rooms The 1962 men’s and women’s locker rooms and varsity men’s locker room are not accessible but are scheduled to be remodeled during Fall 2011. Renovated areas will need to comply with ADA Standards.


Scavo Alternative High School, 3725 52nd St, Des Moines, IA 50310 (Grades: 9-12)


Original construction 1950 – one level Programs within facility must be readily accessible

Addition 1954 Programs within facility must be readily accessible

Addition 1959 Programs within facility


must be readily accessible



Written accessibility plan For facilities or parts of facilities that were constructed or altered before June 4, 1977, programs must be readily accessible. The school district is required to have a written plan that describes how the programs and services in the pre-1977 portion of the facility that are inaccessible are made available to students, staff, parents, and community members with disabilities. The written accessibility plan needs to address accessibility to these programs, posted on the district’s website, and made available in the administrative offices.


Exterior Route of Travel The southwest entrance will need to be made accessible. A written plan is required that explains entrance accessibility.


Toilet Rooms A written plan is required for addressing the inaccessibility of restrooms. There must be at least one unisex restroom that is accessible. Recommend to replace incorrect signage for restrooms that are not accessible.


Brody Middle School, 2501 Park Ave, Des Moines, IA 50321 (Grades: 6-8)





Written accessibility plan For facilities or parts of facilities that were constructed or altered before June 4, 1977, programs must be readily accessible. The school district is required to have a written plan that describes how the programs and services in the pre-1977 portions of the facility that are inaccessible are made available to students, staff, parents, and community members with disabilities. Programs on the second level are inaccessible and there are no accessible restrooms. The written accessibility plan needs to address accessibility to these programs, posted on the district’s website, and made available in the administrative



offices.

Parking Need three additional accessible parking spaces closest to accessible entrance that must be at least 8 feet wide with a 5-foot access aisle (two spaces can share an access aisle).

ADA Standards 4.1.2(5)(a); 4.6.1







Toilet Rooms A written plan is required for addressing the inaccessibility of restrooms. There must be at least one unisex restroom that is accessible.


Assembly Areas A written plan is required for addressing the need for wheelchair spaces in the auditorium.


Callanan Middle School, 3010 Center St, Des Moines, IA 50312 (Grades: 6-8)


Original construction 1927 – two levels Programs within facility must be readily accessible

Interior mechanical upgrade 1954 Programs within facility must be readily accessible

Addition of gymnasium 1992 ADA standards

Entire building renovation that included a ramp in cafeteria and installation of elevator




Compliance Issues:








Toilet Rooms and Shower Rooms

Hot water pipes and drain pipes must be insulated, or configured to avoid contact with the legs of a person using a wheelchair. Faucets must be able to be operated with one hand and without tight grasping, pinching, or twisting of the wrist.

ADA Standard 4.19.4 ADA Standard 4.19.5

Goodrell Middle School, 3300 East 29th St, Des Moines, IA 50317 (Grades: 6-8)



Addition of classrooms 1961 Programs within facility must be readily accessible

Building addition with elevator and renovation of existing building




Passenger loading zones A sign displaying the international symbol of accessibility must be at the accessible passenger loading zone.

ADA Standard 4.1.2(7)(b)


Toilet Rooms Women’s Restroom First Floor – Hot water pipes and drain pipes must be insulated, or configured to avoid contact with the legs of a person using a wheelchair.

ADA Standard 4.19.4

Harding Middle School, 203 East Euclid Ave, Des Moines, IA 50313 (Grades: 6-8)



Renovate to convert into a junior high school


Addition of gymnasium, media center, restrooms, and administration office

1991 UFAS standards

Mechanical upgrade 2011



Written accessibility plan For facilities or parts of facilities that were constructed or altered before June 4, 1977, programs must be readily accessible. The school district is required to have a written plan that describes how the programs and services in the pre-1977 portions of the facility that are inaccessible are made available to students, staff, parents, and community members with disabilities. Programs on the second level, restrooms, and four basement classrooms are inaccessible. The written accessibility plan needs to address accessibility to these programs, posted on the district’s website, and made available in the administrative offices.


Parking Must add one accessible parking space with an access aisle. There must be at least one van-accessible parking space with a 96-inch wide access aisle, and 98 inches of vertical clearance. Accessible parking spaces must be marked with a vertical sign showing the international symbol of accessibility and van spaces must have signs reading ―Van Accessible.‖

ADA Standards 4.1.2(5)(a); 4.6.1; 4.6.3 ADA Standards 4.1.2(5)(b); 4.6.5 ADA Standards 4.6.4; 4.30.7

Passenger loading zones Near main entry of the school, there must be an accessible passenger loading zone that has an access aisle 60 inches wide by 20 feet long adjacent and parallel to the vehicle pull-up space.

ADA Standards 4.1.2(5)(c); 4.6.6


A sign displaying the international symbol of accessibility must be at the accessible passenger loading zone.

ADA Standard 4.1.2(7)(b)





Toilet Rooms Recommend updating public restrooms on first and second levels of the school.

Recommendation

Shower Rooms and Restrooms (1991)

Hot water pipes and drain pipes must be insulated, or configured to avoid contact with the legs of a person using a wheelchair.

UFAS 4.19.4

Hiatt Middle School, 1214 E 15th St, Des Moines, IA 50316 (Grades: 6-8)



Addition of classrooms, gymnasium, restrooms, and renovated library

1992 ADA standards



Written accessibility plan For facilities or parts of facilities that were constructed or altered before June 4, 1977, programs must be readily accessible. The school district is required to have a written plan that describes how the programs and services in the pre-1977 portions of the facility that are inaccessible are made available to students, staff, parents, and community members with disabilities. The library and principal’s office are inaccessible in 1925 section of the building. The written accessibility plan needs to address accessibility to these programs,



posted on the district’s website, and made available in the administrative offices.

Parking Recommend to move two ADA parking spaces to north parking lot near accessible entrance and keep van accessible parking space in north lot.

Recommendation

Passenger loading zones Near main entry of the school, there must be an accessible passenger loading zone that has an access aisle 60 inches wide by 20 feet long adjacent and parallel to the vehicle pull-up space.

ADA Standards 4.1.2(5)(c); 4.6.6

Libraries Library on second floor was renovated in 1992 and is inaccessible from first floor. The district needs a written plan that addresses accessibility to the library. The accessible entrance does not connect with the library on second floor. It is recommended to install an elevator or vertical lift to provide accessibility.

ADA Standards 4.1.3(1); 4.3.2(3)

Hoyt Middle School, 2700 E 42nd St, Des Moines, IA 50317 (Grades: 6-8)



Addition of 21 classrooms 1972 Programs within facility must be readily accessible

Addition of industrial tech area


Addition of auditorium and remodeling of classrooms

1992 ADA standards

Library shared with Brubaker Elementary School

2003 ADA standards



Written accessibility plan For facilities or parts of facilities that were constructed or altered before June 4, 1977, programs must be readily accessible. The school district is required to have a written plan that describes how the programs and services in the pre-1977 portions of the facility that are inaccessible are made available to students, staff, parents, and community members with disabilities.


Parking Accessible parking spaces in west parking lot must be marked with a vertical sign showing the international symbol of accessibility and van spaces must have signs reading ―Van Accessible.‖

ADA Standards 4.6.4; 4.30.7




Lobbies and Corridors Recommend to install signs designating permanent rooms and spaces, such as rest room signs, signs at exit doors, and room numbers that comply with appropriate requirements for tactile signage and meet legibility requirements regarding contrast and character proportion.

Recommendation

Toilet Rooms The designated accessible restroom must have the hot water pipes and drain pipes insulated, or configured to avoid contact with the legs of a person using a wheelchair. The faucet must be operated with one hand and without tight grasping, pinching, or twisting of the wrist.

ADA Standard 4.19.4 ADA Standard 4.19.5

McCombs Middle School, 201 SW County Line Rd, Des Moines, IA 50320 (Grades: 6-8)












Lobbies and Corridors Recommend to install signs which provide direction to or information about functional spaces of the building and comply with the appropriate requirements for directional signage.

Recommendation

Toilet Rooms There must be at least one set of accessible public restrooms or an accessible unisex restroom especially near gymnasium and auditorium.




Meredith Middle School, 4827 Madison Ave, Des Moines, IA 50310 (Grades: 6-8)



Addition of three classrooms, music room, and connecting corridor to Hoover High School


Addition of four classrooms 2003 ADA standards





Parking There must be at least one van-accessible parking space with a 96-inch wide access aisle, and 98 inches of vertical clearance. Accessible parking spaces must be marked with a vertical sign showing the international symbol of accessibility and van spaces must



have signs reading ―Van Accessible.‖







Ruby Van Meter School, 710 28th St, Des Moines, IA 50312 (Grades: 6-12)


Original construction 1973 – two levels with two elevators Programs within facility must be readily accessible








Lobbies and Corridors Recommend to replace door handles with lever handles that are operable without tight grasping, pinching, or twisting of the wrist.

Recommendation

Smouse Opportunity School, 2820 Center St, Des Moines, IA 50312 (Grades: PK-8)


Original construction – building is listed on the historical register

1931 – three levels (no elevator) – spiral ramp corridors to upper levels






Written accessibility plan For facilities or parts of facilities that were constructed or altered before June 4, 1977, programs must be readily accessible. The school district is required to have a written plan that describes how the programs and services in the pre-1977 portion of the facility that are inaccessible are made available to students, staff, parents, and community members with disabilities. Restrooms are inaccessible for the public, students, and staff. There must be at least one set restrooms or a unisex restroom that is accessible at Smouse Opportunity School. The school district will need to address the restroom issue on the Voluntary Compliance Plan. The written accessibility plan needs to address accessibility to these programs, posted on the district’s website, and made available in the district’s administrative offices.


Parking Must have at least one van-accessible parking space with a 96-inch wide access aisle and 98 inches of vertical clearance. At accessible parking spaces, there must be a vertical sign showing the international symbol of accessibility and at the van spaces, there must be signs reading ―Van Accessible.‖


Passenger loading zones For the accessible passenger loading zone, there must be an access aisle 60 inches wide by 20 feet long adjacent and parallel to the vehicle pull-up space. A sign displaying the international symbol of




Toilet rooms At least one set of accessible restrooms or an accessible unisex restroom is required at Smouse Opportunity School.


Weeks Middle School, 901 East Park Ave, Des Moines, IA 50315 (Grades: 6-8)



Addition of west wing library and classrooms


Addition of classrooms and an elevator






Parking Two additional accessible parking spaces are required. There must be at least one van-accessible parking space with a 96-inch wide access aisle, and 98 inches of vertical clearance. Accessible parking spaces must be marked with a vertical sign showing the international symbol of accessibility and van spaces must have signs reading ―Van Accessible.‖

ADA Standards 4.1.2(5)(a); 4.6.1 ADA Standards 4.1.2(5)(b); 4.6.5 ADA Standards 4.6.4; 4.30.7

Passenger loading zones Near main entry of the school, there must be an accessible passenger loading zone that has an access aisle 60 inches wide by 20 feet long adjacent and parallel to the vehicle pull-up space. A sign displaying the international symbol of accessibility must be at the accessible passenger loading zone near east accessible entrance.


Exterior Route of Travel For the exterior route from south parking lot, recommend accessible route to accessible entrance south of annex.

Recommendation


Entrances Inaccessible entrances must have signs indicating the location of the nearest accessible entrance. When not all entrances are accessible, accessible entrances must be identified by the international symbol of accessibility. Recommend to make the east entrance the designated accessible entrance.

ADA Standards 4.1.3(8)(d); 4.30 ADA Standards 4.1.2(7)(c); 4.30 Recommendation

Lobbies and Corridors Must install signs which provide direction to or information about functional spaces of the building and comply with the appropriate requirements for directional signage.


Toilet Rooms Upper level restrooms must be updated to be ADA compliant for accessibility.

ADA Standards 4.1.2(6); 4.1.3(11); 4.1.6(3)(e); 4.22; Fig. 30



Summary The district has strived to provide building accessibility throughout the school district. The district shall provide written accessibility plans to describe how the inaccessible programs and services in the pre-1977 portions of individual school buildings are made available to students, staff, parents, and community members with disabilities. This information shall be made available to the public. Signage and accessible passenger loading zones are some of the issues that must be reviewed throughout the district. The team recommends providing accessibility information on the district’s website, in handbooks, and in the administration offices. A written transition plan shall be developed to address the accessibility concerns and compliance issues. For the accessibility transition plan, the district must:

Describe in detail the methods that will be used to make the facilities and/or programs accessible; and

Specify the schedule for taking steps necessary to achieve full program accessibility. If the time period of the transition plan is longer than one year, identify the steps that will be taken during each year of the transition period; and indicate the person responsible for implementation of the plan.

34 CFR Part 104.22 Existing facilities; 34CFR Part 104.23 New construction

Support Services and Accommodations for Special Populations This section includes support services, accommodations, and educational programming for English Language Learners (ELL), students with disabilities, at-risk students, homeless students, and non-traditional students.



31. For assistance with languages not spoken within the district, ELL staff works with the Bureau of Refugees, Catholic Charities, Lutheran Social Services, the U.S. Commission for Refugees and Immigrants, and the Iowa Council for International Understanding Translation Services. These collaborations help provide assistance to an influx of over 800 Burmese and African students new to the district. The district’s Welcome Center serves as the entry point for ELL students and their families who receive enrollment and social services to integrate them into the community. This service is also provided to new families moving into the district.

32. ELL staff work with general education teachers to assist struggling students and to

identify academic versus language barriers. Multiple assessment factors are used to assess students, (i.e., the Iowa English Language Development Assessment.) Students are monitored continuously, on in individual basis and upon exit from ELL programs. They are also allowed back into the program if necessary. In addition, adaptive technologies are made available for ELL students with disabilities.

33. ELL staff provides professional development for some teachers on cultural issues –

particularly on classroom conflicts between different cultures. Community members from multiple cultural groups are brought in to assist in cultural awareness training. Additional community activities for ELL families include a parents’ academy and literacy classes to welcome parents; panels of bilingual staff that share print-based and online ELL resources with staff, students, and other school districts as well. ELL parents reported that there is good communication with parents and students.

34. The district is commended for providing programming which addresses the needs of

parents, which in turn has a positive effect on student performance. For example, 21st Century funding supports a program for adult ELL classes held on Saturdays. Older ELL students provide daycare while parents are in class. Families also participate in field trips as part of the program. The ―I Have a Dream Program Site‖ provides tutoring and other supports throughout the students’ educational experience.

35. Students with autism have been supported in their educational program by middle

school teachers who have sought additional training to serve these students. Parents reported schools have been helpful in working with them assessing accommodations for students in need of assistance in their educational programs. Accommodations are made to address students’ physical needs, (i.e., moving students to more accessible buildings for special education programming.)

B. Concerns and Recommendations 36. Some ELL teachers reported students are progressing at slow rates and may spend up

to six years or more in ELL programs. The district might consider training staff in how to serve long-term ELL students to identify academic or continued language barriers impeding student transition out of ELL programs, if this is not occurring. Parents also reported that ELL children might be unnecessarily placed in special education classes.


ELL staff continue to serve an evolving, diverse ELL student population with fixed standards, suggesting a need to evaluate or update the current curriculum and look for new resources. Contact: John Scott, Department of Education Consultant, [email protected], 515-281-3805.

37. ELL students may be referred to gifted and talented programs by general education teachers, particularly students who have accelerated in learning English and advance quickly. However, interviewees suggested additional and more timely assessments (i.e., visual assessments) are needed to identify potential ELL gifted and talented students. The current timeframe for identifying gifted ELL students is about one year. This process appears to create a barrier for high school ELL students who may be interested in or have the potential to participate in the gifted and talented program. Contact Heartland Area Education Agency (515-270-9030) for technical assistance and/or the Midwest Equity Assistance Center (http://www.meac.org, 1-785-532-6408).

38. There appears to be an inconsistent level of awareness among teachers regarding

supports for homeless students, the name of the coordinator, or student rights when it comes to receiving services. Some interviewees thought the contact was the social worker, although they could not name that person. The district might consider methods to increase communication regarding the policies and services in place for homeless students. The McKinney Vento Act posters were not visible in all buildings. The Homeless Coordinator stated that they are displayed in schools, shelters, the Welcome Center, and youth emergency centers. Additional recommendations for distributing the posters include bus depots, laundromats, community centers, libraries, and churches.


No areas of non-compliance were noted during the visit.

Employment, Personnel, and Advisory Committees

This section includes equity issues related to equal employment opportunities, affirmative action in employment, personnel practices, and assignment to advisory councils / committees. A. Strengths and/or Observations

39. Administrators stated that the district’s Grow Your Own recruitment and training program to recruit and to retain teachers that reflect the make-up of the student population has proven to be the most effective tool to diversify staff and faculty. Other minority recruitment efforts include utilizing a mentoring program for new staff, and recruiting minorities from the community by networking with the National Association for the Advancement of Colored People (NAACP) and Hispanic organizations.


http://www.meac.org/


B. Concerns and Recommendations 40. The district may benefit from utilizing current minority teachers and staff, (i.e., ESL and

bilingual staff), as outreach coordinators in an effort to recruit additional minority staff. This collaborative effort can allow staff to serve as multicultural ambassadors to connect the district to diverse community clubs, organizations, and faith-based institutions. The district should continue to devote time and resources to the build-your-own program aimed at mentoring and developing internal candidates for advancement within the organization.

41. More emphasis should be placed on the internal mentoring program that promotes the

upward mobility of minority support staff to increased positions of responsibility throughout the district, with particular emphasis on positions at the decision-making level. In addition, minority teacher recruitment strategies should be revisited to ensure representation of the student body. Minority students comprise forty-nine percent (49%) of the student population. Currently minority teachers comprise 6.9% of all teachers district-wide. The para-professional group may be a potential pool of minority talent, as they comprise 35.7% of all para-professionals.

C. Areas of Non-Compliance 42. The district’s Affirmative Action program is missing several components. Those

components include:

An administrative statement signed and dated by the chief administrative officer which provides staff with the rationale for the plan, the responsibilities of staff for its implementation, and the internal system for monitoring the implementation of the plan.

Workforce analyses table showing the current workforce by race, gender, and disability within each major job category (updated every two years).

Qualitative analyses or periodic self-evaluation of employment and personnel policies and practices for fairness on the basis of race, creed, color, religion, sex, age, national origin, sexual orientation, gender identity, or disability (district may choose any acceptable EEO evaluation).

Qualitative goals which specify actions with timelines for modifying employment / personnel practices or conditions which have been identified in the self-evaluation to contribute to less than equitable access and treatment (updated within the last two years).

Identification of job categories where under-representation exists on the basis of gender, race and or disability (updated within the last two years).

Numerical goals with timeliness targeting each job category where under-representation exists (updated within the last two years).

34 CFR Part 104.8 Notice; 34 CFR Part 106.9 Dissemination of policy; Office of Civil Rights Guidelines 1979 Section IV.O. Public Notification; Iowa Administrative Code 281-95.3(256) Equal employment opportunity standards; Iowa Administrative Code 281-95.4(256) Duties of


boards of directors; Iowa Administrative Code 28195.4(1) Policy statements; Iowa Administrative Code 281-95.4(2) Written plans; Iowa Administrative Code 281-95.4(3) Assignment of responsibility; Iowa Administrative Code 281-95.4(4) Input; Iowa Administrative Code 281-95.4(5) Staff development; Iowa Administrative Code 281-95.5(256) Plan components; Iowa Administrative Code 281-95.5(1) Identification of coordinator; Iowa Administrative Code 281-95.5(2) Administrative statement; Iowa Administrative Code 281-95.5(3) Work force analysis; Iowa Administrative Code 281-95.5(4) Quantitative analysis; Iowa Administrative Code 281-95.5(5) Qualitative analysis; Iowa Administrative Code 281-95.5(6) Goals; Iowa Administrative Code 281-95.5(7) Absence of minority base; Iowa Administrative Code 281-95.5(8) Consolidation; Iowa Administrative Code 281-95.5(9) Qualitative goals; Iowa Administrative Code 281-95.6(256) Dissemination; Iowa Administrative Code 281-95.6(2) Policy statement distribution

Climate and Discipline

This section includes equity issues related to discipline, harassment, MCGF approaches to the educational program and the maintenance of welcoming, secure, and inclusive learning environments


43. The Associate Superintendant Student Advisory Committee at East High School provides students the opportunity to participate in open and honest feedback on the learning environment including teacher performance and building climate. These conversations allowed administrators to learn about a serious hazing incident which resulted in professional development for staff in that area. The school also has an independent investigator to handle harassment cases.

44. Parents stated that the Seven Pillars outlined in the Character Counts program is a trusted anti-bullying resource which is reviewed daily to reinforce a safe school environment.

45. Some students reported generally feeling physically safe in school. Middle school

students stated that they were encouraged at the beginning of the school year to pick a teacher who is a safe person to go to if feeling unsafe. Teachers turn teasing incidents into teachable moments. Some middle school parents felt the teachers are trying to help handle bullying, and should continue to receive training in this area.

B. Concerns and Recommendations 46. Some school students and teachers expressed concerns that students with disabilities

are sometimes bullied or harassed. Fear of "snitching" was mentioned as a reason to not report incidents of bullying along with concern of retaliation by becoming a target of bullying by students.

47. Some parents expressed the need for additional staff to monitor students during recess

in an effort to deal with on-going bullying. Elementary teachers would like to see after-school programs (not just tutoring) for at-risk students. Middle school parents


expressed concern about bullying at the school and on buses. They also expressed the perception employees’ hands are tied in dealing with disruptive students. Some parents were able to recall a district curriculum related to bullying, but were unaware of its current status.

48. Administrator and teachers could not state whether a disproportionate number of

disciplinary actions were imposed on special needs students or other demographic groups. When reporting discipline data, the district should consider analyzing and disseminating these data district-wide to identify subgroups that are over- / under-represented in the areas of suspensions and expulsions, special education, and gifted and talented.

49. Harassment and bullying data provided by the district was difficult to evaluate considering the number of students served. The district was asked to provide the number of documented harassment and bullying related incidents (representing thirteen categories) investigated in the past year. Information reported to the visiting team included a total of forty-eight (48) documented incidents. While taking into consideration the responses from student and parent interviews on the subject of bullying and harassment, the number of reported incidents does not reflect the level of concern from those interviewed, or the size of the district with more than 32,000 students. Interview groups indicated not everyone has a clear understanding of bullying and harassment policies and procedures. The district is encouraged to educate all staff, students and parents in the definition of bullying and harassment in district policy, ensure building administrators and staff consistently report student behavior data, and share and study the data with staff and SIAC. Contact Dave Tilly ([email protected]), Director of Innovation and Accountability at Heartland Area Education Agency, for technical support.

50. Student and parent interview groups reported the perception of inequity among schools with regard to facilities. Some examples shared during interviews included some schools which appeared to be heated inadequately and appeared to have a lack of soap, paper towels or toilet paper in bathrooms. It was also reported there was a need for bathrooms and locker rooms to be updated. Interviewees reported that athletic fields are sometimes perceived to be inadequate and sometimes dangerous at some of the secondary schools. The district is encouraged to continue its facilities planning with input from appropriate stakeholders, and to utilize a district-wide communication plan to share information.

C. Areas of Non-Compliance 51. Many teachers were unaware of any district efforts and/or requirements to include

MCGF content in the curriculum and environment, and reported they took the initiative to incorporate MCGF approaches on their own. They reported that the Literacy Initiative Adoption Team identified the lack of MCGF representation in materials as a substantial concern last year, and are currently addressing these concerns. Most interviewees did not identify any systemic diversity-related programming or expectations, and it appeared that diversity and multicultural initiatives are initiated at


the building or classroom level, but may not be consistent throughout the district. There is currently no systemic process for monitoring teachers’ implementation of MCGF approaches to instruction and the curriculum. The district should consider including an MCGF component into all professional development efforts in the district.

The current Board Policy #601 omits the district’s intent to incorporate MCGF approaches into its educational program as defined by the Iowa Code as follows:

a. Multicultural approaches to the educational program. These shall be defined as approaches which foster knowledge of and respect for the historical and contemporary contributions of diverse cultural groups, including race, color, national origin, gender, disability, religion, creed, and socioeconomic background. The contributions of perspectives of Asian Americans, African Americans, Hispanic Americans, American Indians, European Americans, and persons with disabilities shall be included in the program.

b. Gender-fair approaches to the educational program. These shall be defined as approaches which foster knowledge of, and respect and appreciation for, the historical and contemporary contributions of women and men to society. The program shall reflect the wide variety of roles open to both women and men and provide equal opportunity to both sexes.

While the revised policy does not need to use the exact wording, the policy should be reflective of the aforementioned definition of MCGF curriculum. Code of Iowa Section 256.11 Educational standards; 12.1(256) Iowa Administrative Code 12.1(256) General standards; 12.5(8) Multicultural and gender fair approaches to the educational program; Iowa Administrative Code 281-12.8(1) Comprehensive school improvement.

Physical Education, Athletics, and Other Extracurricular Activities

This section includes equity issues related to the physical education program, the athletic program, and other extracurricular activities. It also includes the equity of locker rooms, facilities, equipment, and coaching opportunities. A. Strengths and/or Observations 52. The Athletic Department modifies programs to accommodate physical education

activities for students with disabilities. Staff pairs students with more athletic skills with lesser skilled students to develop supportive relationships.

53. The physical education program emphasizes building well-rounded people in addition

to well-rounded athletes. Programs such as Healthy Kids Act assisted in promoting the theme of relationship building and health awareness for students.


54. The district partners with community organizations and business and industry to support athletic programs. Some collaborations include:

Midwest Dairy

ISU Extension

Junior League Women of Iowa

Grandview College

Des Moines Orthopedics

Des Moines University

55. Coaches monitor student’s academic progress via the Infinite Campus system, and communicate with classroom teachers. The community also supports a Pass and Play initiative that rewards students for academic successes.

56. There are equitable opportunities for both males and females to participate in

interscholastic athletics. There are five (5) sports for males and five (5) sports for females at the middle school and ten (10) sports for males and ten (10) sports for females at the high school.

B. Concerns and Recommendations

57. According to information provided by the district, the following extracurricular activities

have disproportionate representations of low SES students, Special Education (SpecEd) and/or 504 students, and ELL students: interscholastic athletics, band, chorus, drama, debate, speech, cheerleading, student government, National Honor Society, school yearbook / newspaper, science / math clubs, drill team, orchestra, Architecture, Construction, and Engineering, Central Campus Café’, Energy Challenge, Iowa Future Farmers of America, Family, Career, and Community Leaders of America, ProStart, and SkillsUSA.

Integration of students on the basis of gender, race, national origin, and disability in extracurricular activities is a good indicator that a district has achieved an inclusive culture. Involvement in such programs often is an indicator of status and acceptance in the academic community. Students involved in extracurricular activities tend to achieve at higher levels than those who do not. There is no evidence the district staff has taken affirmative steps to promote the involvement of minority students, both males and females, and students with disabilities in these offerings.


No areas of non-compliance were noted during the visit.


ATTACHMENT A STATE OF IOWA

DEPARTMENT OF EDUCATION Grimes State Office Building

Des Moines, Iowa 50319

METHODS OF ADMINISTRATION FOR REVIEWING CIVIL RIGHTS IMPLEMENTATION

IN LOCAL EDUCATIONAL AGENCIES

Components of a Compliance Plan WHAT? Clear statement of each non-compliance issue identified in the Letter of Findings HOW? Specific activities to be implemented to bring the district into compliance WHO? The Staff member(s), who will be responsible for implementation. WHEN? The timeline for completing the implementation of the activity

Mutual agreement by the local and state education agencies must precede implementation. A follow-up visit to assess full implementation of the plan will occur within the next academic school year. Documentation to provide evidence of implementation is required. The compliance plan must be dated and signed by the district’s superintendent

SAMPLE - COMPLIANCE PLAN

GOAL STATEMENT: To develop a systemic process for annually reviewing attendance center and course enrollments by gender, disability, and racial/ethnic background to monitor for integration and inclusion into the general education program

Strategies Time Frame Team Leader Team Members

1. To review attendance center and high school course enrollments by gender, disability, and racial/ethnic background.

February, 2012 Joe Cook, Superintendent Joe Cook Sam Moore Maria Lopez Jim Black

2. Identify all courses and programs with gender typed enrollments or enrollments where minority students and/or students with disabilities are over/underrepresented

March, 2012 Sue Jones, Principal Sue Jones Maria Lopez Jim Black

3. Notify counselors and the teachers of those courses and ask them to document the current strategies they are using to recruit and enroll students from under-represented groups into their programs and courses.

April, 2012 Maria Lopez Equity Coordinator

Maria Lopez Jim Black Tom Maus

4. Collect documented strategies and monitor enrollments. Coordinate the implementation of the process annually

May 2012 (Ongoing) Maria Lopez Equity Coordinator

Joe Cook Sue Jones Sam Moore Jim Black Tom Maus


ATTACHMENT B

State Of Iowa DEPARTMENT OF EDUCATION

Grimes State Office Building Des Moines, Iowa 50319

METHODS OF ADMINISTRATION FOR REVIEWING CIVIL RIGHTS

COMPLIANCE IN LOCAL EDUCATIONAL AGENCIES

APPEAL PROCESS

In the event that the local education agency contests one or more the findings of the equity on-site review, the following procedures and timelines have been established by the Department of Education for attaining resolution: 1. Local education agency may challenge one or more of the findings by submitting a written statement to the state director

within twenty (20) calendar days of receipt of the letter of findings. 2. The state director will appoint a panel to be chaired by the Deputy Administrator of the Division of PK-12 Education and

include a school improvement consultant from the Division of PK-12 Education and a consultant from the Bureau of Community Colleges and Career & Technical Education. The Deputy Administrator of the Division of PK-12 Education will transmit a written decision in the contested issue to the local education agency. The statement may be either a change in the report or an affirmation of the original report, in whole or part, within 20 calendar days.

3. The local education agency may indicate a desire to continue the appeal (in writing) to the equity review coordinator within

10 calendar days. 4. A meeting will be scheduled with the Administrator of the Division of PK-12 Education; the Chief of the Bureau of

Community Colleges and Career & Technical Education, and the Deputy Administrator of the Division of PK-12 Education within 10 calendar days.

5. The administrator will make a decision and transmit the decision to the local education agency in writing within 20 calendar

days. 6. In the event that this process does not result in resolution, the state director will notify:

Federal Law: The Office of Civil Rights within the United States Department of Education

State Law: The Iowa Attorney General’s Office and/or the Iowa Civil Rights Commission

Chapter12: Initiation of Phase II Visitation Process


CITATIONS FROM CIVIL RIGHTS LAWS & GUIDELINES 34CFR Part 104.4 Discrimination prohibited (a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of,

or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. (b) Discriminatory actions prohibited

(1) A recipient, in providing any aid, benefit or service, may not, directly or through contractual, licensing or other arrangements, on the basis of handicap:

(vi) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards.

(2) For purposes of this part, aids, benefits, and services, to be equally effective, are not required to produce the identical result or level of achievement for handicapped and nonhandicapped persons, but must afford handicapped persons equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person's needs.

34CFR Part 104.8 Notice (a) A recipient that employs fifteen or more persons shall take appropriate initial and continuing steps to notify participants, beneficiaries,

applicants, and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipient that it does not discriminate on the basis of handicap in violation of Section 504 and this part. The notification shall state where appropriate, that the recipient does not discriminate in admission or access to, or treatment or employment in its programs and activities. The notification shall also include an identification of the responsible employee designated pursuant to 104.7(a). (b) If a recipient publishes or uses recruitment materials or publications containing general information that it makes available to participants, beneficiaries, applicants, or employees, it shall include in those materials or publications a statement of the policy described in paragraph (a) of this section. A recipient may meet the requirement of this paragraph either by including appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications.

34CFR Part 104.22 Existing facilities (a) Program Accessibility. A recipient shall operate each program or activity to which this part applies so that the program or activity,

when viewed in its entirety, is readily accessible to handicapped persons. This paragraph does not require a recipient to make each of its existing facilities or every part of a facility accessible to and usable by handicapped persons.

(b) Methods. A recipient may comply with the requirements of paragraph (a) of this section through such means as redesign of equipment, reassignment of classes of classes or other services to an accessible building, assignment of aides to beneficiaries, home visits, delivery of health, welfare, or other social services at alternate accessible sites, alternation of existing facilities and construction of new facilities in conformance with the requirements of 104.23, or any other methods that result in making its programs or activity accessible to handicapped persons. A recipient is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with paragraph (a) of this section. In choosing among available methods for meeting the requirement of paragraph (a) of this section, a recipient shall give priority to those methods that offer programs and activities to handicapped persons in the most integrated setting appropriate.

(e) Transition plan. In the event that structural changes to facilities are necessary to meet the requirement of paragraph (a) of this section, a recipient shall develop, within six months of the effective date of this part, a transition plan setting forth the steps necessary to complete such changes. The plan shall be developed with the assistance of interested persons, including handicapped persons or organizations representing handicapped persons. A copy of the transition plan shall be made available for public inspection. The plan shall, at a minimum:

(1) Identify physical obstacles in the recipient's facilities that limit the accessibility of its program or activity to handicapped persons; (2) Describe in detail the methods that will be used to make the facilities accessible; (3) Specify the schedule for taking the steps necessary to achieve full program accessibility and, if the time period of the transition plan is longer than one year, identify the steps that will be taken during each year of the transition period; and (4) Indicate the person responsible for implementation of the plan.

(f) Notice. The recipient shall adopt and implement procedures to ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of services, activities and facilities that are accessible to and usable by handicapped persons.

34CFR Part 104.23 New Construction (a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed

and constructed in such manner that the facility or part of the facility is readily accessible to and usable by handicapped persons, if the construction was commenced after the effective date of this part.

(b) Alteration. Each facility or part of a facility which is altered by, on behalf of, or for the use of a recipient after the effective date of this part in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by handicapped persons.

(c) Conformance with Uniform Federal Accessibility Standards. (1) Effective as of January 18, 1991, design, construction, or alteration of buildings in conformance with section 3-8 of the Uniform

Federal Accessibility Standards *UFAS) (Appendix A to 41 CFR subpart 101-19.6) shall be deemed to comply with the


requirements of this section with respect to those buildings. Departures from particular technical and scoping requirements of UFAS by the use of other methods are permitted where substantially equivalent or greater access to and usability of the building is provided.

(2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall be interpreted to exempt from the requirements of UFAS only mechanical rooms and other spaces that, because of their intended use, will not require accessibility to the public or beneficiaries or result in the employment or residence therein of persons with physical handicaps.

(3) This section does not require recipients to make building alterations that have little likelihood of being accomplished without removing or altering a load-bearing structural member.

34CFR Part 106.9 Dissemination of policy (a) Notification of Policy.

(1) Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient, that it does not discriminate on the basis of sex in the educational programs or activities which it operates, and that is required by Title IX and this part not to discriminate in such a manner. Such notification shall contain such information, and be made in such manner, as the Assistant Secretary finds necessary to apprise such persons of the protections against discrimination assured them by Title IX and this part, but shall state at least that the requirement not to discriminate in education programs and activities extends to employment therein, and to admission thereto ...

(b) Publications. (1) Each recipient shall prominently include a statement of the policy described in paragraph (a) of this section in each

announcement, bulletin, catalog, or application form which it makes available to any person of a type, described in paragraph (a) of this section, or which is otherwise used in connection with the recruitment of students or employees.

(2) A recipient shall not use or distribute a publication of the type described in this paragraph which suggests, by text or illustration, that such recipient treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by this part.

(c) Distribution. Each recipient shall distribute without discrimination on the basis of sex each publication described in paragraph (b) of this section, and shall apprise each of its admission and employment recruitment representatives of the policy of nondiscrimination described in paragraph (a) of this section, and require such representatives to adhere to such policy.

34CFR Part 106.31 Education programs and activities (a) General. Except as provided elsewhere in this part, no person shall, on the basis of sex, be excluded from participation in, be denied

the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives of benefits from Federal financial assistance.

(b) Specific prohibitions. Except as provided in this subpart, in providing any aid, benefit, or service to a student, a recipient shall not, on the basis of sex: (1) Treat one person differently from another in determining whether such person satisfies any requirement or condition for the

provision of such aid, benefit, or service; (2) Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner; (3) Deny any person any such aid, benefit, or service; (4) Subject any person to separate or different rules of behavior, sanctions, or other treatment; (5) Discriminate against any person in the application of any rules of appearance. (6) Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in-state fees and tuition; (7) Aid or perpetrate discrimination against any person by providing significant assistance to any agency, organization, or person

which discriminates on the basis of sex in providing any aid, benefit or service to students or employees; (8) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity.

34 CFR Part 106.34 Access to classes and schools (a) General standard. Except as provided for in this section or otherwise in this part, a recipient shall not provide or otherwise carry out

any of its education programs or activities separately on the basis of sex, or require or refuse participation therein by any of its students on the basis of sex. (1) Contact sports in physical education classes. This section does not prohibit separation of students by sex within physical

education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.

(2) Ability grouping in physical education classes. This section does not prohibit grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex.

(3) Human sexuality classes. Classes or portions of classes in elementary and secondary schools that deal primarily with human sexuality may be conducted in separate sessions for boys and girls.

(4) Choruses. Recipients may make requirements based on vocal range or quality that may result in a chorus or choruses of one or predominantly one sex.

(b) Classes and extracurricular activities. (1) General standard. Subject to the requirements in this paragraph, a recipient that operates a nonvocational coeducational elementary or secondary school may provide nonvocational single-sex classes or extracurricular activities, if— (i) Each single-sex class or extracurricular activity is based on the recipient's important objective—


(A) To improve educational achievement of its students, through a recipient's overall established policy to provide diverse educational opportunities, provided that the single-sex nature of the class or extracurricular activity is substantially related to achieving that objective; or

(B) To meet the particular, identified educational needs of its students, provided that the single-sex nature of the class or extracurricular activity is substantially related to achieving that objective; (ii) The recipient implements its objective in an evenhanded manner; (iii) Student enrollment in a single-sex class or extracurricular activity is completely voluntary; and (iv) The recipient provides to all other students, including students of the excluded sex, a substantially equal

coeducational class or extracurricular activity in the same subject or activity. (2) Single-sex class or extracurricular activity for the excluded sex. A recipient that provides a single-sex class or extracurricular

activity, in order to comply with paragraph (b)(1)(ii) of this section, may be required to provide a substantially equal single-sex class or extracurricular activity for students of the excluded sex.

(3) Substantially equal factors. Factors the Department will consider, either individually or in the aggregate as appropriate, in determining whether classes or extracurricular activities are substantially equal include, but are not limited to, the following: the policies and criteria of admission, the educational benefits provided, including the quality, range, and content of curriculum and other services and the quality and availability of books, instructional materials, and technology, the qualifications of faculty and staff, geographic accessibility, the quality, accessibility, and availability of facilities and resources provided to the class, and intangible features, such as reputation of faculty.

(4) Periodic evaluations. (i) The recipient must conduct periodic evaluations to ensure that single-sex classes or extracurricular activities are based upon genuine justifications and do not rely on overly broad generalizations about the different talents, capacities, or preferences of either sex and that any single-sex classes or extracurricular activities are substantially related to the achievement of the important objective for the classes or extracurricular activities.

(ii) Evaluations for the purposes of paragraph (b)(4)(i) of this section must be conducted at least every two years. (5) Scope of coverage. The provisions of paragraph (b)(1) through (4) of this section apply to classes and extracurricular activities

provided by a recipient directly or through another entity, but the provisions of paragraph (b)(1) through (4) of this section do not apply to interscholastic, club, or intramural athletics, which are subject to the provisions of §§106.41 and 106.37(c) of this part.

(c) Schools. (1) General Standard. Except as provided in paragraph (c)(2) of this section, a recipient that operates a public nonvocational elementary or secondary school that excludes from admission any students, on the basis of sex, must provide students of the excluded sex a substantially equal single-sex school or coeducational school.

(2) Exception. A nonvocational public charter school that is a single-school local educational agency under State law may be operated as a single-sex charter school without regard to the requirements in paragraph (c)(1) of this section.

(3) Substantially equal factors. Factors the Department will consider, either individually or in the aggregate as appropriate, in determining whether schools are substantially equal include, but are not limited to, the following: The policies and criteria of admission, the educational benefits provided, including the quality, range, and content of curriculum and other services and the quality and availability of books, instructional materials, and technology, the quality and range of extracurricular offerings, the qualifications of faculty and staff, geographic accessibility, the quality, accessibility, and availability of facilities and resources, and intangible features, such as reputation of faculty.

(4) Definition. For the purposes of paragraph (c)(1) through (3) of this section, the term ―school‖ includes a ―school within a school,‖ which means an administratively separate school located within another school.

34 CFR Part 106.36 Counseling and use of appraisal and counseling materials (a) Counseling. A recipient shall not discriminate against any person on the basis of sex in the counseling or guidance of students or applicants for admission. (b) Use of appraisal and counseling materials. A recipient which uses testing or other materials for appraising or counseling students shall not use different materials for students on the basis of their sex or use materials which permit or require different treatment of students on such basis unless such different materials cover the same occupations and interest areas and the use of such different materials is shown to be essential to eliminate sex bias. Recipients shall develop and use internal procedures for ensuring that such materials do not discriminate on the basis of sex. Where the use of a counseling test or other instrument results in a substantially disproportionate number of members of one sex in any particular course of study or classification, the recipient shall take such action as is necessary to assure itself that such disproportion is not the result of discrimination in the instrument or its application. (c) Disproportion in classes. Where a recipient finds that a particular class contains a substantially disproportionate number of individuals of one sex, the recipient shall take such action as is necessary to assure itself that such disproportion is not the result of discrimination on the basis of sex in counseling or appraisal materials or by counselors.

Title VI - Civil Rights Act, 1964

Part 100.3 Discrimination prohibited

(a) General. 34CFR No person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies.

(b) Specific discriminatory actions prohibited. (1) A recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on grounds of race, color, or national origin: (i) Deny an individual any service, financial aid, or other benefit provided under the program; (vi) Deny an individual an opportunity to participate in the program through the provision of services or otherwise afford him an opportunity to do so which is different from that afforded others under the program (including the opportunity to participate in the program as an employee but only to the extent set forth in paragraph (c) of this section).


Section IV.O. Public Notification Prior to the beginning of each school year, recipients must advise students, parents, employees and the general public that all vocational opportunities will be offered without regard to race, color, national origin, sex, or handicap. Announcement of this policy of nondiscrimination may be made, for example, in 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 handicapped persons. A brief summary of program offerings and admission criteria should be included in the announcement; also the name, address and telephone number of the person designated to coordinate Title IX and Section 504 compliance activity. If a recipient's service area contains a community of national origin minority persons with limited English language skills, public notification materials 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. Section V.B. Counseling and prospects for success Recipients that operate vocational education programs must insure that counselors do not direct or urge any student to enroll in a particular career or program, or measure or predict a student's prospects for success in any career or program based upon the student's race, color, national origin, sex, or handicap. Recipients may not counsel handicapped students toward more restrictive career objectives than nonhandicapped students with similar abilities and interests. If a vocational program disproportionately enrolls male or female students, minority or nonminority students, or handicapped students, recipients must take steps to insure that the disproportion does not result from unlawful discrimination in counseling activities. Section V.C. Student recruitment activities Recipients must conduct their student recruitment activities so as not to exclude or limit opportunities on the basis of race, color, national origin, sex, or handicap. Where recruitment activities involve the presentation or portrayal of vocational and career opportunities, the curricula and programs described should cover a broad range of occupational opportunities and not be limited on the basis of the race, color, national origin, sex or handicap of the students or potential students to whom the presentation is made. Also, to the extent possible, recruiting teams should include persons of different races, national origins, sexes, and handicaps.

Code of Iowa Chapter 216-Section 216.9 Unfair or discriminatory practices – education 1. It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, sexual

orientation, gender identity, national origin, religion, or disability in any program or activity. Such discriminatory practices shall include but not be limited to the following practices: a. Exclusion of a person or persons from participation in, denial of the benefits of, or subjection to discrimination in any academic,

extracurricular, research, occupational training, or other program or activity except athletic programs; b. Denial of comparable opportunity in intramural and interscholastic athletic programs; c. Discrimination among persons in employment and the conditions of employment; d. On the basis of sex, the application of any rule concerning the actual or potential parental, family or marital status of a person,

or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician's diagnosis and certification.

2. For the purpose of this section, "educational institution" includes any preschool, elementary, secondary, or community

college, area education agency, or postsecondary college or university and their governing boards. This section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion, sexual orientation, or gender identity when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex.

256.11 Educational standards The state board shall adopt rules under chapter 17A and a procedure for accrediting all public and nonpublic schools in Iowa offering instruction at any or all levels from the prekindergarten level through grade twelve. The rules of the state board shall require that a multicultural, gender fair approach is used by schools and school districts. The educational program shall be taught from a multicultural, gender fair approach. Global perspectives shall be incorporated into all levels of the educational program. The rules adopted by the state board pursuant to section 256.17, Code Supplement 1987, to establish new standards shall satisfy the requirements of this section to adopt rules to implement the educational program contained in this section. Et seq. Chapter 258-Section 258.9 Local advisory council The board of directors of a school district that maintains a school, department, or class receiving federal or state funds under this chapter shall, as a condition of approval by the state board, appoint a local advisory council for vocational education composed of public members with emphasis on persons representing business, agriculture, industry and labor. The local advisory council shall give advice and assistance to the board of directors in the establishment and maintenance of schools, departments, and classes that receive federal or

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state funds under this chapter. Local advisory councils may be organized according to program area, school, community, or region. The state board shall adopt rules requiring that the memberships of local advisory councils fairly represent each sex and minorities residing in the school district. Members of an advisory council shall serve without compensation. Chapter 69-Section 69.16A Gender balance All appointive boards, commissions, committees and councils of the state established by the Code if not otherwise provided by law shall be gender balanced. No person shall be appointed or reappointed to any board, commission, committee, or council established by the Code if that appointment or reappointment would cause the number of members of the board, commission, committee, or council of one gender to be greater than on-half the membership of the board, commission, committee, or council plus one if the board, commission, committee or council is composed of an odd number of members. If the board, commission, committee, or council is composed of an even number of members, not more than one-half of the membership shall be of one gender. If there are multiple appointing authorities for a board, commission, committee or council, they shall consult each other to avoid a violation of this section. This section shall not prohibit an individual from completing a term being served on June 30, 1987. Iowa Administrative Code 281-12.1(256) General standards 12.1(1) Schools and school districts governed by general accreditation standards. These standards govern the accreditation of all

prekindergarten, if offered, or kindergarten through grade 12 school districts operated by public school corporations and the accreditation, if requested, of prekindergarten or kindergarten through grade 12 schools operated under nonpublic auspices. Each school district shall take affirmative steps to integrate students in attendance centers and courses. Schools and school districts shall collect and annually review district, attendance center, and course enrollment data on the basis of race, national origin, gender, and disability. Equal opportunity in programs shall be provided to all students regardless of race, color, national origin, gender, disability, religion, or creed. Nothing in this rule shall be construed as prohibiting any bona fide religious institution from imposing qualifications based upon religion when such qualifications are related to a bona fide religious purpose.

Iowa Administrative Code 281-12.5(12) Employment policies and practices shall provide equal employment opportunity to all persons. No person shall be denied equal access to agency employment opportunities because of race, creed, color, religion, national origin, gender, age, or disability. Affirmative action programs. A work force analysis shall be performed and affirmative measures be developed and implemented for any major job categories in which a racial/ethnic group, women, men or persons with disabilities are underrepresented. Iowa Administrative Code 281-12.5(5)(i) Vocational education – school districts…

A minimum of three sequential units, of which only one may be a core unit, shall be taught in four of the following six service areas: agricultural education, business and office education, health occupations education, home economics education, industrial education, and marketing education. The instruction shall be competency-based; shall provide a base of knowledge which will prepare students for entry level employment, additional on-the-job training, and postsecondary education within their chosen field; shall be articulated with postsecondary programs of study, including apprenticeship programs; shall reinforce basic academic skills; shall include the contributions and perspectives of persons with disabilities, both men and women, and persons from diverse racial and ethnic groups. Vocational core courses may be used in more than one vocational service area. Multioccupations may be used to complete a sequence in more than one vocational service area; however, a core course(s) and multioccupations cannot be used in the same sequence. If a district elects to use multioccupations to meet the requirements in more than one service area, documentation must be provided to indicate that a sufficient variety of quality training stations be available to allow students to develop occupational competencies. A district may apply for a waiver if an innovative plan for meeting the instructional requirement for the standard is submitted to and approved by the director of the department of education. The instructional programs also shall comply with the provisions of Iowa Code chapter 258 relating to vocational education. Advisory committee/councils designed to assist vocational education planning and evaluation shall be composed of public members with emphasis on persons representing business, agriculture, industry, and labor. The membership of local advisory committees/councils will fairly represent each gender and minority residing in the school district. The accreditation status of a school district failing to comply with the provisions of this subrule shall be governed by 281—subrule 46.7(10), paragraph “g.”

(1) A service area is the broad category of instruction in the following occupational cluster areas (definitions are those used in these rules): (2) ―Agricultural education programs‖ prepare individuals for employment in agriculture-related occupations. Such programs encompass the study of applied sciences and business management principles, as they relate to agriculture. Agricultural education focuses on, but is not limited to, study in horticulture, forestry, conservation, natural resources, agricultural products and processing, production of food and fiber, aquaculture and other agricultural products, mechanics, sales and service, economics marketing, and leadership development. (3) ―Business and office education programs‖ prepare individuals for employment in varied occupations involving such activities as planning, organizing, directing, and controlling all business office systems and procedures. Instruction offered includes such activities as preparing, transcribing, systematizing, preserving communications; analyzing financial records; receiving and disbursing money; gathering, processing and distributing information; and performing other business and office duties. (4) ―Health occupations education programs‖ prepare individuals for employment in a variety of occupations concerned with providing care in the areas of wellness, prevention of disease, diagnosis, treatment, and rehabilitation. Instruction offered encompasses varied activities in such areas as dental science, medical science, diagnostic services, treatment therapy, patient care areas, rehabilitation services, record keeping, emergency care, and health education. Many occupations in this category require licensing or credentialing to practice, or to use a specific title. (5) ―Home economics education programs‖ encompass two categories of instructional programs:

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1. ―Consumer and family science‖ programs may be taught to prepare individuals for a multiple role of homemaker and wage earner and may include such content areas as food and nutrition; consumer education; family living and parenthood; child development and guidance; family and individual health; housing and home management; and clothing and textiles.

2. ―Home economics occupations programs‖ prepare individuals for paid employment in such home economics-related occupations as child care aide/assistant, food production management and services, and homemaker/home health aide.

(6) ―Industrial education programs‖ encompass two categories of instructional programs—industrial technology and trade and industrial. Industrial technology means an applied discipline designed to promote technological literacy which provides knowledge and understanding of the impact of technology including its organizations, techniques, tools, and skills to solve practical problems and extend human capabilities in areas such as construction, manufacturing, communication, transportation, power and energy. Trade and industrial programs prepare individuals for employment in such areas as protective services, construction trades, mechanics and repairers, precision production, transportation, and graphic communications. Instruction includes regular systematic classroom activities, followed by experiential learning with the most important processes, tools, machines, management ideas, and impacts of technology. (7) ―Marketing education programs‖ prepare individuals for marketing occupations, including merchandising and management—those activities which make products and services readily available to consumers and business. Instruction stresses the concept that marketing is the bridge between production (including the creation of services and ideas) and consumption. These activities are performed by retailers, wholesalers, and businesses providing services in for-profit and not-for-profit business firms. (8) ―Sequential unit‖ applies to an integrated offering, directly related to the educational and occupational skills preparation of individuals for jobs and preparation for postsecondary education. Sequential units provide a logical framework for the instruction offered in a related occupational area and do not require prerequisites for enrollment. A unit is defined in subrule 12.5(18). (9) ―Competency‖ is a learned student performance statement which can be accurately repeated and measured. Instruction is based on incumbent worker-validated statements of learner results (competencies) which clearly describe what skills the students will be able to demonstrate as a result of the instruction. Competencies function as the basis for building the instructional program to be offered. Teacher evaluation of students, based upon their ability to perform the competencies, is an integral part of a competency-based system. (10) ―Minimum competency lists‖ contain competencies validated by statewide technical committees, composed of representatives from appropriate businesses, industries, agriculture, and organized labor. These lists contain essential competencies which lead to entry level employment and are not intended to be the only competencies learned. Districts will choose one set of competencies per service area upon which to build their program or follow the process detailed in 281—subrule 46.7(2) to develop local competencies. (11) ―Clinical experience‖ involves direct instructor supervision in the actual workplace, so that the learner has the opportunity to apply theory and to perfect skills taught in the classroom and laboratory. ―Field training‖ is an applied learning experience in a nonclassroom environment under the supervision of an instructor.

―Lab training‖ is experimentation, practice or simulation by students under the supervision of an instructor.

―On-the-job training‖ is a cooperative work experience planned and supervised by a teacher-coordinator and the supervisor in the employment setting.

(12) ―Coring‖ is an instructional design whereby competencies common to two or more different vocational service areas are taught as one course offering. Courses shall be no longer than one unit of instruction. Course(s) may be placed wherever appropriate within the program offered. This offering may be acceptable as a unit or partial unit in more than one vocational program to meet the standard. (13) ―Articulation‖ is the process of mutually agreeing upon competencies and performance levels transferable between institutions and programs for advanced placement or credit in a vocational program. An articulation agreement is the written document which explains the decisions agreed upon and the process used by the institution to grant advanced placement or credit. (14) ―Multioccupational courses‖ combine on-the-job training in any of the occupational areas with the related classroom instruction. The instructor provides the related classroom instruction and coordinates the training with the employer at the work site. A multioccupational course may only be used to complete a sequence in more than one vocational service area if competencies from the appropriate set of minimum competencies are a part of the related instruction.

Iowa Administrative Code 281-12.5(8) Multicultural and gender fair approaches to the educational program The board shall establish a policy to ensure that students are free from discriminatory practices in the educational program as required by Iowa Code section 256.11. In developing or revising the policy, parents, students, instructional and noninstructional staff, and community members shall be involved. Each school or school district shall incorporate multicultural and gender fair goals for the educational program into its comprehensive school improvement plan. Incorporation shall include the following:

a. Multicultural approaches to the educational program. These shall be defined as approaches which foster knowledge of, and respect and appreciation for, the historical and contemporary contributions of diverse cultural groups, including race, color, national origin, gender, disability, religion, creed, and socioeconomic background. The contributions and perspectives of Asian Americans, African Americans, Hispanic Americans, American Indians, European Americans, and persons with disabilities shall be included in the program.

b. Gender fair approaches to the educational program. These shall be defined as approaches which foster knowledge of, and respect and appreciation for, the historical and contemporary contributions of women and men to society. The program shall reflect the wide variety of roles open to both women and men and shall provide equal opportunity to both sexes.




Iowa Administrative Code 281-12.8(1) Comprehensive school improvement. The general accreditation standards are minimum, uniform requirements. However, the department encourages schools and school districts to go beyond the minimum with their work toward ongoing improvement. As a means to this end, local comprehensive school improvement plans shall be specific to a school or school district and designed, at a minimum, to increase the learning, achievement, and performance of all students. As a part of ongoing improvement in its educational system, the board shall adopt a written comprehensive school improvement plan designed for continuous school, parental, and community involvement in the development and monitoring of a plan that is aligned with school or school district determined needs. The plan shall incorporate, to the extent possible, the consolidation of federal and state planning, goal setting, and reporting requirements. The plan shall contain, but is not limited to, the following components: et seq.

Iowa Administrative Code 281-12.8(1)(c)(2) Content standards and benchmarks (1) Policy. The board shall adopt a policy outlining its procedures for developing, implementing, and evaluating its total curriculum. The

policy shall describe a process for establishing content standards, benchmarks, performance levels, and annual improvement goals aligned with needs assessment information.

(2) Content standards and benchmarks. The board shall adopt clear, rigorous, and challenging content standards and benchmarks in reading, mathematics, and science to guide the learning of students from the date of school entrance until high school graduation. Included in the local standards and benchmarks shall be the core content standards from Iowa’s approved standards and assessment system under the applicable provisions of the federal Elementary and Secondary Education Act. Standards and benchmarks may be adopted for other curriculum areas defined in 281—Chapter 12, Division V. The comprehensive school improvement plan submitted to the department shall contain, at a minimum, the core content standards for reading, mathematics, and science. The educational program as defined in 281—Chapter 12, Division II, shall incorporate career education, multicultural and gender fair education, technology integration, global education, higher-order thinking skills, learning skills, and communication skills as outlined in subrules 12.5(7), 12.5(8), 12.5(10), and 12.5(11), and subparagraph 12.8( 1)“ c”( 1).

Iowa Administrative Code 281-95.4(256) Duties of boards of directors Each board of directors shall adopt policy statements and develop plans for implementation of equal employment opportunity standards and affirmative action programs. Iowa Administrative Code 281-95.4(1) Policy statements Each board of directors shall adopt policy statements outlining its commitment to the principles of equal employment opportunity and affirmative action. These policy statements shall prescribe procedures for employees and applicants for employment to redress complaints of discrimination. Iowa Administrative Code 281-95.4(2) Written plans Each board of directors shall prepare and implement written equal employment opportunity and affirmative action plans by July 1, 1990. The plans shall be evaluated and updated on a biennial basis. Iowa Administrative Code 281-95.4(3) Assignment of responsibility Each board of directors shall assign to an employee the responsibility for coordinating the development and ongoing implementation of the plans. This employee may be the same employee who has been assigned to coordinate the agency’s efforts to comply with federal laws requiring nondiscrimination in educational programs and employment. Iowa Administrative Code 281-95.4(4) Input Each board of directors shall obtain systematic input from diverse racial/ethnic groups, women, men, and persons with disabilities into the development and implementation of the plans. School districts may use existing advisory committees or public hearing procedures developed to receive similar input regarding the development and implementation of multicultural, nonsexist education plans. Iowa Administrative Code 291-95.4(5) Staff development Each board of directors shall provide periodic training for all staff who hire or supervise personnel on the principles of equal employment opportunity and the implementation of its affirmative action plan. Iowa Administrative Code 281-95.5(256) Plan components In addition to the board policy statement, each equal employment opportunity and affirmative action plan shall include, but not be limited to, the following components:

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Iowa Administrative Code 281-95.5(1) Identification of coordinator The name, job title, address and phone number of the employee responsible for coordinating the development and implementation of the equal employment opportunity and affirmative action plans. Iowa Administrative Code 281-95.5(2) Administrative statement An administrative statement on how the agency's equal employment opportunity and affirmative action policies and plans are to be implemented, including the internal system for auditing and reporting progress. The administrative statement shall be signed and dated by the chief executive officer of the agency. Iowa Administrative Code 281-95.5(3) Work force analysis A work force analysis that shall show the numerical and percentage breakdown of the agency's full-time and part-time employees within each major job category by racial/ethnic group, gender, and disability. Major job categories shall be consistent with the E.E.O. 5 and E.E.O. 6 occupational categories reported to the United States Equal Employment Opportunity Commission. For the purpose of confidentiality, disability data may be based on total agency figures, rather than those of major job categories. Iowa Administrative Code 281-95.5(4) Quantitative analysis A quantitative analysis that shall compare work force analysis figures with the availability of qualified or qualifiable members of racial/ethnic groups, women, men and persons with disabilities within the relevant labor market. Iowa Administrative Code 281-95.5(5) Qualitative analysis When underrepresentation is identified in one or more major job category, a qualitative analysis shall be implemented and included in the agency's affirmative action plan. The qualitative analysis is a review of employment policies and practices to determine if and where those policies and practices tend to exclude, disadvantage, restrict or result in adverse impact on the basis of racial/ethnic origin, gender, or disability. The analysis may include, but is not limited to the review of:

a. Recruitment practices and policies; b. A demographic study of the applicant pool and flow; c. The rate and composition of turnover in major job categories; d. Trends in enrollment which will affect the size of the work force; e. Application and application screening policies and practices; f. Interview, selection, and placement policies and practices; g. Transfer and promotion policies and practices; h. Discipline, demotion, termination and reduction in force policies and practices; i. Employee assistance, training selection and mentoring policies and practices;

j. The impact of the collective bargaining agreement on equal employment opportunity and the affirmative action process;

k. Law, policies or practices external to the agency that may hinder success in equal employment opportunity and affirmative action.

Iowa Administrative Code 281-95.5(6) Goals Numerical goals and timetables for reduction of underrepresentation in each major job category where it has been identified shall be developed. These goals shall not be treated as rigid and inflexible quotas that must be met, but as reasonable aspirations toward correcting imbalance in the agency's work force. The goal shall not cause any group of applicants to be excluded from the hiring process. When setting numerical goals agencies shall take into consideration the following:

a. The numbers and percentages from the work force analysis conducted pursuant to subrule 95.5(3); b. The number of short- and long-term projected vacancies in the job category, considering turnover, layoffs, lateral transfers, new

job openings, and retirements; c. The availability of qualified or qualifiable persons from underrepresented racial/ethnic, gender and disability categories within the

relevant labor market; d. The makeup of the student population served by racial/ethnic origin, gender and disability; e. The makeup of the population served by racial/ethnic origin, gender and disability; f. The makeup of the population of the metropolitan statistic area, when applicable, by racial/ethnic origin, gender, and disability.

Iowa Administrative Code 281-95.5(7) Absence of minority base Agencies with no minority students enrolled or no minority employees shall develop goals and timetables for recruiting and hiring persons of minority racial/ethnic origin when those persons are available within the relevant labor market. Iowa Administrative Code 281-95.5(8) Consolidation An agency may consolidate racial/ethnic minorities and job categories into broader groupings in conducting its analysis under subrules 95.5(3), 95.5(4), and 95.5(6) when its size or number of employees makes more specific categories impractical.


Iowa Administrative Code 281-95.5(9) Qualitative goals Qualitative goals, activities and timetables which specify the appropriate actions and time frames in which problem areas identified during the qualitative analysis are targeted and remedied. In setting qualitative goals and planning actions the agency may consider, but need not be limited to, the following: a. Broadening or targeting recruitment efforts; b Evaluating and validating criteria and instruments used in selecting applicants for interviews, employment, and promotion; c. Providing equal employment opportunity, affirmative action, and intergroup relations training for employees of the agency; d. Developing a system of accountability for implementing the agency's plan; e. Developing and implementing an employee assistance and mentoring program; f. Establishing a work climate which is sensitive to diverse racial/ethnic groups, both women and men and persons with disabilities; g. Negotiating the revision of collective bargaining agreements to facilitate equal employment opportunity and affirmative action; h. Considering a person's racial/ethnic origin, gender, or disability as a relevant factor when selecting applicants for interview,

employment, and promotion in job categories where underrepresentation exists. Iowa Administrative Code 281-95.6(256) Dissemination Each agency shall have an internal and external system for disseminating its equal employment opportunity and affirmative action policies and plans. Iowa Administrative Code 281-95.6(2) Policy statement distribution The policy statement shall be distributed to all applicants for employment and shall be disseminated annually to employees, students, parents, and recruitment sources. Title II: 28CFR35 –Section 35.150(d) Existing facilities

Transition plan

(1) In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more persons shall develop, within six months of January 26, 1992, a transition plan setting forth the steps necessary to complete such changes. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. A copy of the transition plan shall be made available for public inspection.

(2) If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.

(3) The plan shall, at a minimum – (i) Identify physical obstacles in the public entity’s facilities that limit the accessibility of its programs or activities to individuals with

disabilities; (ii) Describe in detail the methods that will be used to make the facilities accessible; (iii) Specify the schedule for taking the steps necessary to achieve compliance with the section and, if the time period of the

transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and (iv) Indicate the official responsible for implementation of the plan.

(4) If a public entity has already complied with the transition plan requirement of a Federal agency regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this paragraph (d) shall apply only to those policies and practices that were not included in the previous transition plan.

35.151 New construction and alterations (a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be

designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992.

(b) Alteration. Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992.

(c) Accessibility standards. Design, construction, or alteration of facilities in conformance with the Uniform Federal Accessibility Standards (UFAS) (Appendix A to 41 CFR part 101-19.6) or with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) (Appendix A to 28 CFR part 36) shall be deemed to comply with the requirements of this section with respect to those facilities, except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)(j) of ADAAG shall not apply. Departures from particular requirements of either standard b y the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.