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Jan Perry Evenstad, Ph.D. Associate Professor Metropolitan State University of Denver June 14, 2016 The legal obligation and ethical heart: Multicultural education

The legal obligation and ethical heart: Multicultural education

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Jan Perry Evenstad, Ph.D.Associate ProfessorMetropolitan State University of DenverJune 14, 2016The legal obligation and ethical heart: Multicultural education

1.What piece of the 1964 Civil Rights legislation protects students from discrimination based on race, color, and national origin?2.One way disparate patterns of race plays out in schools is:3.Language discrimination in schools is also covered by?4.List three ways bias shows up in classrooms.5.How can teachers still use materials that may be biased in teaching?6.Why was Title IX of the 1972 Education Amendments passed?7.In what way can bullying become a civil rights issue?8.What piece of legislation has been passed that can protect transgender students?9.Have you been informed on your campus about the policy and procedures needed in reporting sexual assault?10.Do you know who your school or district Title IX Coordinator is?

Pre Assessment: Startling Statements

Who you are?

Who I am?Jan Perry Evenstad, Ph.D.Associate Professor Secondary Teacher EducationMetropolitan State University of DenverWho is here?

Pre AssessmentWho is here?ObjectivesOverview of Civil Rights ObligationsActivity: Startling Statements (about civil rights legislation and GESA)How Civil Rights Legislation can help to create an equitable and ethical multicultural classroomWhat the current research says about inequities in classroom (GESA)What teachers can do (GESA Overview)Activity: BingoReviewing materials for biasHow reviewing materials for bias can promote multiculturalism in classroomsPost AssessmentQuestions, Answers, and Comments

Agenda

Participants will be able to identify civil rights laws that promote equity in schoolsParticipants will be able to identify how bias and inequities show up in classrooms (GESA)Participants will be able to identify ways to evaluate materials for biasParticipants will be able to identify famous Puerto Rican WomenObjectives

Civil Rights Act 1964Bilingual Education Act 1968Title IX 1972Lau v. Nichols 1973

Key Pieces of Legislation

Title VI and Race, Color and National Origin DiscriminationTitle VI of the Civil Rights Act of 1964 protects people from discrimination based on race, color or national origin in programs or activities that receive Federal financial assistance. Title VI states that:No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

Race discrimination involves treating someone (an applicant, employee, or student) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features).

Color discrimination involves treating someone unfavorably because of skin color complexion.

http://www.eeoc.gov/facts/fs-race.htmlDefining Race and Color

Discrimination based on race and color can start out as teasing but can quickly escalate to harassment when it become severe, persistent, and pervasive. When the behavior interferes with the students ability to access and partake in the educational program offerings it can raise to the standard of harassment. 8

National origin discrimination involves treating people (students or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity, the language they speak, an accent, or because they appear to be of a certain ethnic background (even if they are not).

Title VI of the 1964 Civil Rights Act protects you

http://www.eeoc.gov/laws/types/nationalorigin.cfmDefining National Origin

Discrimination based on national origin can be not only teasing the student or employee because of their ethnicity or accent, can quickly escalate to harassment when it become severe, persistent, and pervasive. When the behavior interferes with the students ability to access and partake in the educational program offerings it can raise to the standard of harassment. In some cases this has resulted in inappropriate testing and diagnosis for placement in special education or not being identified for gifted and talented based on the students inability to speak English.9

Bilingual education focuses on instruction in two languages, including the students home language as well as English. Bilingual education provides instruction in students native languages while simultaneously helping them to achieve English proficiency or bilingual fluency.Bilingual Education Act 1968

The Court decided that since the students could not read or speak English proficiently, the SFUSD had denied them their right to equal educational opportunities as required by Section 601 of the Civil Rights Act of 1964. Consistent with the Courts approach of seeking to avoid constitutional grounds in reviewing disputes, Section 601 of the Civil Rights Act was the sole basis on which it resolved Lau. According to Section 601, individuals may not be discriminated against based on race, color, or national origin in any program or activity receiving federal financial assistance.Lau v. Nichols 1973

The failure of some school districts to provide equal educational opportunity for national origin minority students who have a limited proficiency in English.

The discriminatory assignment of minority or students of color to classes designed for students who are mentally disabled.

Number of students of color or because of race have been disproportionally disciplined, suspended or expelled

http://civilrights.findlaw.com/discrimination/race-discrimination-in-education.html#sthash.RiKSOQ3d.dpufAreas of Where Title VI Has Been Violated

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New Publication

The College Board (2000) has defined Education Equity

True educational equity is not the same as equality. It ismuch more. In decisions regarding educational equity thefollowing must be met:

Access an equal opportunity to gain entryProcess a state beyond nondiscrimination that ischaracterized by fair and just, but not identical treatmentOutcome all students are provided educational experiencesthat ensures the achievement of certain uniform goals andobjectives.

Equity exists when there are no systematic differences inthe distribution of conditions, practices, and results basedupon race/ethnicity, gender, English-language proficiency,socioeconomic status, or any other relevant characteristic. Educational Equity Defined

Incorporates the idea all students regardless of their race, gender, sexual orientation, social class, ethnicity or cultural characteristics should have _equal opportunity to learn in schools. And schools must reform to make this possible. James Banks

Defining Multicultural Education

When you hear Title IXWhat comes to mind?

17No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistanceTitle IX: The Law

JANLets begin with the law. Please follow along as I read it to you. What has been my experience over the years when I mention Title IX is I have had people say to me Oh! Thats that girl law. Now in looking at the words I just read to you, I didnt say girl or boy, nor did I say its only for girls athletics. There is misunderstanding of this simple yet powerful piece of legislation. It was passed a long time ago, way back in 1972 and school districts and institutions of higher education were to be in compliance with the law by 1978. Do you know how many institutions are in total compliance today? I personally have not heard of the 1 that is. So the number is most likely ZERO.

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AdmissionsAccess to coursesRecruitmentFinancial aidCounseling & guidanceDiscipline rules & policiesClassroom assignmentGradingVocational educationRecreation/Co-curricularPhysical EducationAthleticsHousingPregnant & parenting EmploymentSexual harassmentTransgender

Title IXAdmissionsAccess to coursesRecruitmentFinancial aidCounseling and guidanceDisciplineClassroom assignmentGradingVocational educationRecreationPhysical educationAthleticsHousingEmploymentHarassment (race & national origin)

Title VIAreas Covered

19Self-EvaluationRemedial and Affirmative ActionDesignation of a Responsible PersonDevelopment of Grievance ProcedureDissemination of PolicyPolicy Announcement of ComplianceTitle IX: Regulation Requirements

Go through one by one:

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20Do you know who your district Title IX Coordinator is?Audience Participation!

POLL

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Title IX Coordinator

What we have found as we do Title IX trainings across the region, is that the person who has been identified on paper as the Title IX Coordinator at a district and/or school level may not even know that he/she is the coordinator, let alone what they are suppose to do as the coordinator. So lets find out.

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22PreventivePromotionalEliminating BiasOn-going

Role of the Title IX Coordinator

The implementation of Title IX is the shared responsibility of all members of the education community. The regulations require that at least one employee be identified and designated as the Title IX Coordinator of the school district. The role of the Title IX Coordinator is first to assist in preventing discrimination based on gender and sex. Overall the Title IX Coordinator is responsible for: ensuring that the procedural requirements of the Title IX law are being met; developing and or implementing the grievance procedures and policies of Title IX; monitoring compliance efforts, record keeping, providing technical assistance to district personnel; program development of in-service training to eliminate sex discrimination. The contact information of the Title IX Coordinator should be widely publicized where the name, title, office address, telephone numbers and e-mail is made known.

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Grievance Procedures

Lets look at some components that should be in a grievance procedure. First off, you dont have to have a separate procedure for sexual harassment and Title IX. However, your other civil rights grievance procedures must identify that it also covers Title IX.

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24Sex (Title IX)RaceNational Origin DisabilityAgeHarassment (race, gender, national origin, disability)Sexual OrientationOne Grievance Procedure Can Cover Many:

You may already have in place one procedure that not only addresses sex discrimination and sexual harassment but covers race discrimination, national origin discrimination, disability discrimination, age discrimination, harassment based on sex, race, national origin, disability and sexual orientation.

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Are protected under Title IX Gender identityGender non-conformityGender harassmentFacilities (locker rooms and bathrooms)

May 13, 2016 Dear Colleague Letterhttp://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf

Transgender Employees and Students

26Questions?

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BREAK!!!!!!

What is Generating Expectations for Student Achievement (GESA)?

1.During the average class session ____% of students receive no instructional contact or interaction from the teacher. (Instructional Contact)

2.Do males or females have more instructional contact with the teacher? _____ (Instructional Contact)

3.Who is more likely to be identified for special education programs? Males or females? ____ (Grouping and Organization)

4.What is the amount of time a teacher usually waits for a student to answer a question? ____ seconds or minutes (Wait time)

5.Who receives the most referrals to the office for disciplinary infractions? Males or females _____ (Discipline/reproof)So Whats GESA Anyway?

6.Who is more likely to repeat a grade? Males or females (Self-esteem)

7.Who takes more math and science courses in high school? Males or females ____ (Self esteem and grouping and organization)

8.Overall, who receives higher scores on college entrance examinations like the ACT or SAT? Males or females _____ (Evaluation & performance)

9.On average, who receives better scores in reading and writing at the elementary level? Males or females _____ (Evaluation & performance)

10.Who is your district Title IX Coordinator __________________ and why do you need to know this?So Whats GESA Anyway?

Reduce disparity in teacher-student interactions

Increase student achievement

Increase use of non-stereotypical behaviors, materials, and activities

GESA Program Objectives

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GESA was conceived by Dr. Dolores Grayson and Dr. Mary D. Martin in 1977. The program was researched and developed over a 6-year period from 1977-1983. GESA was piloted in five L.A. country school districts during the 1983-84 school year.How GESA Began

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1. Peoples expectations about themselves and others shape their expectations for themselves and others

2.Perceptions and expectations combine to determine how people act in any given situation.

3.An influential persons perceptions, expectations, and behaviors (words and actions) have a direct impact on achievement, success, and/or productivity

GESA is based on these research premises:

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In your small group, list the behaviors teachers use with students they expect the most of.Pair and Share

Achievement Success ProductivityBehaviorsPerceptionsExpectations

GESA

Most exciting and consistent findings:

All students gain

The students identified in greatest need are the students who gain the most; consequently, the learning gap between specific groups narrowsGESA

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Persistent problem areas:

Issues pertaining to education equity are not perceived to be of critical concern to large numbers of educators, researchers, and policy makers

There is a lack of willingness to invest the time, money and effort needed to implement an effective approach to achieving success for all studentsGESA

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GESA is designed to extend over several months

GESA is basic classroom action research

GESA focuses on specific, observable teaching behaviors (peer coaching model)

Observations are a major component

Essential Elements of the GESA Approach

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Changing deep seated attitudes is difficult

Doing is more effective than talking

Teachers can reinforce each other in the change process

Teachers can learn from observing and being observed by their peersGESA is based on the following assumptions about professional development:

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P E RCENTILE

Reduction in Gap100 90 80 70 16 point gap 6025 point gap 50 40

734867

1984 - 1985 1989 - 1990 Source: GESA (Prince Georges County, MD. Dr. Daniel Saltrick)83

Paying attention to instructional interactions vs behavior modification

Using Wait Time with everyone, now count, 1 thousand 1, 1 thousand 2.to 5!

Use physical closeness (arms length away) with everyone for positive reinforcement and behavior correctionSome Key Strategies and Behaviors

Room arrangement, switch it up, and create cooperative learning groups

Reflective listening, use to affirm what you have heard from students

Use higher level questioning (Blooms taxonomy) with everyone, not just the students you expect to have the answerSome Key Strategies and Behaviors

Use constructive or analytical feedback, why was the answer good, what else should they consider in order to make it a good or better answer

Allow students to reflect and assess their own work Review your materials for bias

Know the diversity of who is in your classroom Some Key Strategies and Behaviors

InvisibilityStereotypingImbalance and selectivityUnrealityFragmentation and IsolationLinguistic BiasCosmetic BiasReviewing Materials for BiasHandout!

In your group now look at the materials you have been given and using the 7 forms of bias handout, decide which ones may apply.Please choose a person or persons who present the information to the rest of the group.Materials and Bias

Some famous Puerto Rican WomenBingo

49Questions?

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Post Assessment

Muchas Gracias