Title IX, Affirmative Action and Other Nondiscrimination Requirements

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Title IX, Affirmative Action and Other Nondiscrimination Requirements

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Title: Title IX, Affirmative Action and Other Nondiscrimination Requirements

1
Title IX, Affirmative Action and Other
Nondiscrimination Requirements

Achieving Equity

Quality Personalized Education
Appropriate
Challenging Interventions
Curriculum

Cultural Competence
Motivation and Engagement
Anti-Bias
Equitable Treatment
Nondiscrimination
Inclusion and Acceptance
2

Basics of Compliance with
Federal and State
Nondiscrimination Laws

3
Purpose of the Training

Provide overview of equity requirements.
Learn about Federal and State
nondiscrimination
laws and requirements for schools.
Review compliance assurance documents and
requirements.
Share ideas and experiences.

4
District and School Compliance

Why is Compliance Important?
Federal Responsibility
In return for federal funds, districts and
schools agree to
operate educational programs without any form of
discrimination prohibited by federal law.
State Responsibility
State laws require state funded and state
accredited schools to
operate nondiscriminatory programs.

5
Development of Nondiscrimination Programs
1960s - Late 70s
Emphasis on Access and Compensatory Activities
1976 - 1980s
Emphasis on Programs and Remediation
Emphasis on Quality for All Children and
Cultural Competency
1990s
2001 - Present
Emphasis on Improvement and Program Quality
Emphasis on Classroom Curriculum, Instruction,
Classroom Management of Diverse Groups of
Students, Includes Cultural Competency and
Multi-cultural Education
Future
6
Major Federal Nondiscrimination Laws
7
Major Washington State Nondiscrimination Laws
8
Basic Structure for Examining Areas of
Discrimination
Notification, Coordinator, Grievance Process
Procedural
Access
Admissions, Program/Class Inclusion
Comparable, Appropriate Opportunities,
Eliminate Disproportionality, Graduation Rates
Treatment
Employment
Hiring/Promotions, Placement, Benefits, Training
9
Remedies for Compliance
Information and Training
Informal Meetings
Complaint Procedures
Refer to OSPI Formal Resolution
Mediation At School Site
OSPI Hearing or Refer to OCR, WHRC
10
Procedural Requirements

Federal
Yearly notification of
Rights to nondiscrimination
Person to contact name, telephone, e-mail
Designation of Coordinator
Grievance Process
Publications of notice - employment, policies,
handbooks
State
Report forms annually
Affirmative action plan

11
Case Studies

Example 1
Sharon Smith is an attractive Asian woman
with a doctoral
degree in educational administration. She
has served as
an Assistant Principal in Redfield district
and has received
awards for her work. Her references from
past employers
are outstanding. She has applied for a
position as Principal
of a middle school in Logan district.
She is one of four candidates and the only
candidate with
a doctoral degree and several years of
experience as an
Assistant Principal. She receives a letter
from the district
indicating that she will not be considered
because the
school needs a male principal.
Is this a violation? Why?
Of what laws?

12
Case Studies

Example 2
Berry High school, a high school with a diverse
student
population, has suspended a large number of
students over
the past year. Nearly 65 percent of the
suspended students
are African-American students including both
boys and girls.
African-Americans are 20 percent of the
school population.
The local NAACP file a discrimination
complaint against the
school noting disproportionate racial
treatment, there is
no written policy specifying grounds for
suspension, and no
appeals/grievance process for students or
parents.
Is this a violation?
Of what laws?

13
Case Studies

Example 3
Alex Jones is a disabled middle school student
who has been confined to a wheelchair since
a tragic accident two years ago. Alexs
parents had to enroll him in a school across
town
that accommodates student in wheelchairs.
Is this a violation? Why?
Of what laws?

14
Case Studies

Example 4
Edward was a third grader when he enrolled in
Union Elementary
School. Since he could speak a little
English and school personnel
did not have much experience in working with
language minority
students with limited-English proficiency
skills in the district,
Edward was placed in a regular third grade
classroom. At first
his teacher noticed that although he was a
shy boy, he was able
to play with the other students at recess.
After a few months,
however, Edward began to fall further and
further behind his
schoolwork. Finally his teacher decided to
refer Edward for special
education services. After a preliminary
staffing was held, Edward
was assigned to a special education class.
Is this a violation? Why?
Of what laws?

15
Case Studies

Example 5
Carey Junior High School students need to walk
some distance in poorly lighted hallways
between classes. Both girls and boys have
complained about receiving sexually explicit
taunts or comments as well as being groped
or molested.
Is this a violation? Why?
Of what laws?

16
Case Studies

Example 6
At Central High School District, male
students are provided
with a menu of 6 interscholastic sports
activities and female
students are provided with 2 interscholastic
sports. The
athletic director states that girls have
simply not been
interested in athletic participation. No
survey of student
interest has been implemented nor were girls
asked to
indicate their interests.
Is this a violation? Why?
Of what laws?

17
Case Studies

Example 7
Smithfield School District uses ability
grouping to group students
for instruction in reading, English,
mathematics and science.
Placements are based upon the reading scores
from the WASL,
and teacher recommendations. A group of
African-American junior
high school parents complained that more
African-American students
are being placed in lower ability groups
(which do not receive high
school credit) than white students. An
investigation revealed that
21 out of 36 ability grouped courses were
racially identifiable
because they enrolled statistically
significant disproportions of
African-American or non-African-American
students.
Is this a violation? Why?
Of what laws?

18
Case Studies

Example 8
Stephen Lewis a 9th grade boy at Central
High School, wore a
pink polo shirt on his first day of school.
Stephen and his parents
moved to that urban community from a small
town a few months
earlier. Tom Brown, captain of the boys
football team, called
Stephen a homosexual for wearing pink and
threatened to beat him
up. Stephen soon received threats from other
football players and
was repeatedly called disparaging names.
Frightened, Stephen
told his parents and his parents met the
school principal,
Mr. Freeman, about the name-calling and
threats. The principal
explained that, boys will be boys. He
thought the boys meant
no harm but were merely initiating Stephen
to the school.
Is this a violation? Why?
Of what laws?

19
Case Studies

Example 9
Mrs. Jamison, a world history teacher, announced
to her 9th grade history class
that during the winter quarter she will offer a
unit of study on the origin of
religious holidays that occur during the winter
months. Her course outlined
included
- How and when the holidays are celebrated
- A variety of religious groups Christian,
Jewish, Muslin, and various
cultural traditions and
- The generally agreed upon meanings of each
holiday.
Amy Steven, a student of Mrs. Jamison, protested
the course offering and
forwarded her concern to the school principal,
expressing that the class promoted
religion in public schools, a violation of the
First Amendment.
Is this a violation? Why?
Of what laws?

20
Case Studies

Example 10
Mr. Leeland, the high school choir teacher is
planning the winter
holiday choir concert. He selects a number of
songs usually
associated with winter and Christmas, some which
are secular
and some which include religious connotations.
He does make
an effort to select music from different
religious groups and
traditions.
A parent, Susan Jones, learns about he planned
program and
protests that this is religious discrimination.
Is this a violation? Why?
Of what laws?

21
Case Studies

Example 11
Jonathan McDaniel is a young attractive high
school teacher and coach of the girls varsity
volleyball team. To notify his team members of
changes in the team schedule, he often
e-mails and texts these students. On one
occasion, after practice, the team captain Stacy
Chambers, told him that she had a crush on him.
In response, Mr. McDaniel only smiled,
feeling flattered. Later that season, when a
volleyball game was changed, Mr. McDaniel,
sent Stacy a text message of the change and
wrote, I think youre hot too.
On another occasion, he shared no game
information but sent Stacy a text message asking
If you could have sex with one high school
teachers, who would it be?
Later that season, Mr. McDaniel disciplined
Stacy, as team captain, when a strategy she used
cost them the championship match. The next day,
Stacy told the school principal,
Mr. Chapman, that she thought Mr. McDaniel was
coming on to her and shared the text
messages she received from Mr. McDaniel.
Mr. Chapman talked with Mr. McDaniel and the two
decided that Stacy was merely blowing
off steam because of the recent disciplinary
action. The principal soon met again with Stacy
and said that the Mr. McDaniel situation was
handled.

22
Case Studies

Example 12
Roger Johnson is a high school girls basketball
coach who could not stand by in silence when
he knew his players were being treated less
equally than the boys team. The girls were not
allowed to use the new, regulation gym the boys
team used instead, the girls had to
practice and play in the old gym with its wooden
backboards, bent rims, and no heat.
Although the boys team was driven to away games
by bus, the girls had to make their own
arrangements and travel by parents who
transported them.
Coach Johnson questioned the schools Athletic
Director, Mr. Simmons, about this different
treatment of boys and girls and received no
answers. However, he did receive a pink slip,
stating that his services were no longer needed
at that school.
While the girls were provided coaching and
facilities, parents were expected to provide
their
uniforms. Funds donated by the Booster Club were
used to pay for boys uniforms and their
letter sweaters.
Is this a violation? Why?
Of what laws?

Non Discrimination
Laws
Highlights

24
Title IX Regulation Requirements

Title IX of the Education
Amendments of 1972 states that
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 education program or activity
receiving Federal assistance.

25
Title IX Regulation Requirements

Access to Courses
Any institution or agency may not
Provide any course or otherwise carry out any
education
program or activity separately on the basis
of sex, or refuse
participation on such basis including health,
physical
education, industrial, business, vocational,
technical, home
economics, music and adult education courses.
Portions of classes dealing with human sexuality
may be
conducted in separate sessions for boys and
girls, and
Recipients may make requirements based on vocal
range or
quality which may result in a chorus of one
or predominately
one sex.

26
Title IX Regulation Requirements

Treatment of Students
In receiving any aid, benefit or service to a
student, a recipient
shall not, on the basis of sex - - -
Treat one person differently from another in
determining
requirements or conditions for aid,
benefits, or services.
To provide different aid, benefits or services or
provide them
in a different manner.
Subject any person to separate or different rules
or behavior,
sanctions, or other treatment.
Discriminate against any person in the
application of any rules
of appearance.
Limit any person in the enjoyment of any right,
privilege,
advantage, or opportunity.

27
Title IX Regulation Requirements

Counseling and Use of Appraisal and
Counseling Materials
Counseling - no discrimination against any
person on the
basis of sex in the counseling or guidance of
students or
applicants for admission.
Use of appraisal and counseling materials, no
materials,
inventories or instruments which may
discriminate on the
basis of sex.
Disproportion in classeswhen a pattern of
disproportionality exists, a recipient must
assure itself that such disproportion is not the
result of discrimination.

28
Title IX Regulation Requirements

Student Marital or Parental Status
A recipient shall not apply any rule concerning a
students actual or
potential parental, family, or marital status
which treats students
differently on the basis of sex.
Shall not discriminate against any student or
exclude them on the
basis of such students pregnancy,
childbirth, false pregnancy,
termination of pregnancy, unless the student
voluntarily requests
to participate in a separate portion of the
program or activity.
Student may be required to obtain a certification
of a physician if
it is required for other physical or
emotional situations.
Student shall be treated as any other student
would be for a
temporary disability.

29
Title IX Regulation Requirements

Athletics
Equal Opportunity is determined by
Whether the selection of sports and levels of
competition effectively
accommodate the interests and abilities of
the members of both
sexes.
The provisions of equipment and supplies.
The scheduling of games and practice time.
Travel and per diem allowances.
Opportunities to receive coaching and academic
tutoring.
Assignment and compensation of coaches and
tutors.
Provision of locker rooms, practice and
competitive facilities.
Provision of medical and training facilities and
services.
Provision of housing and dining facilities and
services.
Publicity.

30
Title IX Regulation Requirements

Athletics
General No person shall, on the basis of sex,
be excluded
from participation in, be denied the benefits
of, be treated
differently from another person in any
interscholastic,
intercollegiate, club or intramural
athletics, offered by
the recipient.
Separate Teams May offer or sponsor separate
teams for
members of each sex where selection is based
on a
competitive skill or the activity involves a
contact sport.
Equal Opportunity Equal opportunity shall be
provided for
both sexes.

31
Title IX Regulation Requirements

Equality Criteria for Athletics
Has the district provided interscholastic
athletic participation
opportunities for male and female students in
numbers that
are substantially proportionate to their
respective
enrollments, or
Shown a history and continuing practice of
interscholastic
athletic program expansion which is
demonstrably
responsive to the developing interests and
abilities of
female students, or
Demonstrated that the interests and abilities of
female
students have been fully and effectively
accommodated by
the districts athletic program.

32
Title IX Regulation Requirements

Employment
No person shall, on the basis of sex, be excluded
from participation in,
be denied to benefits of, or be subjected to
discrimination in
employment, or recruitment, consideration, or
selection, whether
full-time or part time.
This covers
Recruitment, advertising, and the application
process for employment
Hiring, upgrading, promotion, consideration for
and award of tenure,
demotion, transfer, layoff, termination,
application of nepotism policies,
right of return from layoff
Rates of pay and other compensation
Job assignments, classifications and structure
Leaves of absence, leave for pregnancy, leaves
for persons of either sex to
care for children or dependents
Selection and financial support for training
Any other term, condition, or privilege of
employment.

33
Grievance Procedures

Functions of Grievance Procedures
Provides a mechanism for involving all personnel
and
students in monitoring and correction of
forms of
discrimination in schools.
Increases the dialog and problem solving toward
continuous
improvement of the quality of school
environment and
general morale.
Increases dialog between parents, community and
schools
related to issues of bias and discrimination.
Protects the agency from Federal intervention by
providing a mechanism for resolution of
allegations of discrimination and a means of
developing necessary corrective steps.

34
Title IX Regulation Requirements

Grievance Procedure
A recipient shall adopt and publish grievance
procedures providing for
prompt and equitable resolution of student and
employee complaints
alleging any action which would be prohibited by
the Regulation.
Principles of Grievance Procedures Filing a
Grievance
Procedures provide equitability and due process
to all parties
Procedures designed to make their use and
implementation as simple and prompt as possible
Definition of who may grieve
Definition of what constitutes a grievance
Stipulation of time limits for filing a
grievance
Stipulation of the manner of form in which the
grievance may be filed
Specification of any assistance available to the
grievant.

35
Title IX Regulation Requirements

Grievance Procedures
Principles for Processing Grievances Include
The number of levels of steps for grievance
processing
The form of grievance presentation or processing
at each step
Requirements for notification of all involved
parties at the various
steps of the processing
Timelines governing the various actions or steps
within the grievance process
Procedures for the conduct of any grievance
hearing or meetings held at any step of the
process
Specification of the form which grievance
decisions shall take at each level or step
Roles and/or selection of persons involved in
their grievance
proceedings other than the grievant, the
respondent, and their
representations.

36
Title IX Regulation Requirements

Grievance Procedures
Procedural Rights of the Parties to the Grievance
Grievants right of appeal.
Right of all parties to impartial grievance
decision makers.
Access of grievant to relevant agency records.
Protection of grievant from harassment and
retaliation.
Confidentiality of grievance proceedings.
Right to legal or other representation.
Right to file complaints with other agencies at,
after filing
complaint with district (OCR, WHRC, OSPI).

37
RCW 28A.640 Washington State

Provisions Beyond Title IX (Federal)
Counseling
Requires use of nonbiased materials, orientation
programs, and counseling techniques.
Requires criteria and procedures for assessing
and reviewing
materials.
Review of disproportionate class enrollments.
Person to review compliance.
Sex Bias Awareness
In-service training for staff.
Textbooks and Instructional Materials
Criteria and guidelines for screening bias and
discrimination OSPI guidelines.
Use of supplemental materials if books not
replaced.

38
RCW 28A.640 Washington State

Cont. Provisions Beyond Title IX (State)
Athletics
Require student survey every three years
Reviewed by OSPI
Equal Opportunity Factors
Skill and compensation of coaching staffs
Size of budget
Quality of competition and game schedules
Uniforms
Equipment and facilities
Sufficient numbers for separate teams
Other Considerations
Regular Monitoring by OSPI

39
RCW 49.60 Sexual Orientation

Sexual Orientation Definition
Heterosexuality, homosexuality, bisexuality and
gender expression or identity.
Gender identity Being perceived as having a
gender identity, self image, appearance,
behavior,
or expression, whether or not it is different
from
that traditionally associated with the sex
assigned
to that person at birth.

40
RCW 28A.640 Sexual HarassmentWashington State

Definition
Unwelcome sexual advances, requests for sexual
favors, sexually
motivated physical contact, or other verbal or
physical contact, or
other verbal or physical conduct or communication
of a sexual
nature between two or more individuals if
Submission to that conduct on communication is
made a term or
condition, either explicitly or implicitly,
of obtaining an education or
employment or
Submission to or rejection of that conduct or
communication is used
as a factor in decisions that affect that
individuals education or
employment or
That conduct or communication has the purpose of
interfering with
an individuals education or work
performance, or creation of a
hostile, or offensive, work environment.

41
RCW 28A.640 Sexual HarassmentWashington State

WAC 180-87-080 Sexual Misconduct With Students
Unprofessional conduct, sexual exploitive act
with or to a student,
including, but not limited to the following - -
Any sexual advance,
verbal or physical.
RCW 9A.36.080 -0 Sec 2 Malicious Harassment
If he or she maliciously and intentionally
commits one of the
following acts because of his or her perception
of the victims
race, color, religion, ancestry, national origin,
gender, sexual
orientation, or mental, physical or sensory
handicap
Causes physical injury
Causes physical damage to or destruction of
property
Threatens a specific person or group of persons
and places that
person, or members of that group, in
reasonable fear of harm to
person or property.

District Responsibilities
Coordinator Responsibilities

43
District School Responsibilities Under Civil
Rights Laws

All districts and schools have responsibilities
to
Train employees and students with respect to
legal standards
of nondiscrimination and principles of equity
and respect for
all cultural groups.
Investigate indicators of potential systemic
inequities and
complaints of individual or group
discrimination.
Remedy by providing appropriate and adequate
actions to
stop situations of acts of discriminatory
treatment.
Monitor the quality of student services and
employee
performance to prevent or remediate actual or
potential areas
of discrimination.

44
Title IX Coordinator Roles and Responsibilities
In Local Districts and Schools

Functions of the Title IX Coordination
To inform and train
Notify all students, employees, and
parent/guardians of the
names, office address, telephone numbers,
e-mail address of
the Title IX or Equity Coordinator.
Develop and disseminate nondiscrimination policy
- - publications, catalogs, websites, employee
application forms, etc.
Arrange/provide for ongoing equity training and
orientation of new employees and students on
nondiscrimination requirements.
Develop networks of equity teams in district
schools.
Provide updated information on discrimination
related
developments.
Work with community advocacy groups in promoting
equity.

45
Title IX Coordinator Roles and Responsibilities
In Local Districts and Schools

Functions of the Title IX Coordinator
To receive and investigate complaints of
discrimination
To be available to provide information to
students,
employees, and parents regarding allegation
of
discrimination and their options.
Provide assistance in using grievance procedures
when
appropriate.
Gather and document objective information - -
Who, What, When, Where, How do you know?
Inform appropriate decision makers.
Assist in implementation of grievance procedures.

46
Equity Outcomes

Functions of Title IX Coordinator
To remedy appropriately and adequately
Work with staff to prevent retaliation or
harassment.
Provide staff or individuals with any needed
information or support.
Work with grievant to provide information or
support as appropriate.
Assist faculty or staff to make any needed
changes in
procedures or programs.

47
Equity Outcomes

Functions of Title IX Coordinator
To monitor programs and procedures to determine
actual or potential discrimination.
Monitor course enrollments, athletics and extra
curricular
activities, participation and procedures,
textbooks and
counseling materials, patterns of complaints,
etc.
Prepare yearly report of Title IX and/or other
nondiscrimination compliance for
Superintendent.
Submit reports to OSPI when appropriate.
Maintain contacts with state and national equity
personnel and activities.

48
Updates Title IX

Single Sex Classes Extra Curricular Activities
Nov. 2006
A recipient may offer single sex non-vocational
classes and
extra curricular activities under following
conditions
Purpose is achievement of an important
governmental or
educational objective.
The single sex nature of the class or activity is
substantially
related to that objective.
School must
Treat male and female students in an evenhanded
manner.
Provide a substantially equal coeducational class
or extra
curricular activity.
Must be voluntary for student.

Assurance Forms

Affirmative Action for
Employment Equity

51
Affirmative Action For Employment Equity

1. To what degree would students of various
cultures interact with staff members of the same
race, sex or ethnicity in
your district or school?
What are the barriers to being able to diversify
the
cultures of your district/school workforce?
To what degree do you believe that your
district/school
has made good faith efforts to develop a
more diverse
workforce?

52
Affirmative Action Requirements

WAC 392-200-020 Public School Employment
Affirmative Action Program
each school district shall develop and/or
incorporate any
existing affirmative action employment
program appropriate
provisions to eliminate discrimination on the
basis of race,
creed, color, national origin, marital
status, sex, sexual
orientation, age or the presence of any
sensory, mental, or
physical handicap.
Each affirmative action employment program shall
be filed
with the Office of Superintendent of Public
Instruction.
The board of directors of each school district
shall adopt and
implement its affirmative action employment
program.

53
Affirmative Action Requirements

Washington State Law Against Discrimination
RCW 49.60
Section 49.60.030 (1) states
The right to be free from discrimination because
of race, creed, color,
physical national origin, sex, sexual
orientation, or the presence of
any sensory, mental, or handicap is
recognized and declared to be
a civil right.
Section 49.60.180 extends the prohibition against
discrimination in
employment practices and prohibits
discrimination in
Hiring and firing
Compensation
Job advertisements
Use of company facilities
Other terms and conditions of employment
RCW 49.60 is enforced by the Washington State
Human Rights
Commission and OSPI

54
Affirmative Action Requirements

Components of an Affirmative Action Plan
Development of reaffirmation of Nondiscrimination
Policy.
Staff responsibilities for implementation and
evaluation.
Numerical data of current workforce and analysis.
Identification of problem areas.
Numerical goals and timetables.
Internal audit of positions and reporting.
Supportive actions and systems.

55
The New Equity

Quality Personalized
Learning
Appropriate Interventions
Cultural Competency
Anti-Bias
Nondiscrimination

56
What is the New Equity?
Emphasis and concerns of equity has moved from
Physical School Access (Desegregation)
Quality and Relevance of Services

Today, Focus is on School Climate and the
Classroom
Positive school climate.
High expectations for all students.
Differentiated curriculum to meet students needs.
Variety of instructional methods to meet
different students learning styles.
Encouraging and reinforcing all students.
Providing students with feedback on performance.
Providing assignments in which all students can
succeed.
Regular assessment to identify areas of need for
re-teaching, or interventions for
individuals or groups.

Current Sources of Inequality
Low expectations
Non-challenging curriculum
Inexperienced, untrained teachers
Non-relevant or inappropriate instruction
Insensitive school/classroom climates
Lack of programs and interventions for special
needs
Lack of focused use of targeted funds

58
Raising the Bar Toward Equity

Discrimination A violation of a federal or
state
nondiscrimination law/regulation.
Biases or Prejudices Attitudes or behaviors
which reflect bias but may not specifically be
prohibited by law.
Neutral Attitudes or behaviors which indicate
a lack of sensitivity to cultural or
individual
differences or needs reflected in I treat
all
students the same.
Equitable Informed awareness and skills of
cultural competency and an ability to respond
positively to the needs of individuals and
groups.

59
Raising the Bar Toward Equity

Listed below are some situations and different
ways of responding to
them. Indicate the type of responses by placing
a D, B, N, or E letter in
the space provided.
In a class discussion of the world continents,
the
teacher covered North America, South
America, and
Europe. George, an African-American
student, asks
What about Africa?
The teacher replies
____ Africa still is quite an uncivilized
continent.
____ What do you know about Africa?
____ Africa is a fascinating continent. Would
you
like to do a research
project on it?

60
Raising the Bar Toward Equity

Jim Adams, principal of Cornwall Elementary
School, has an opening for a girls basketball
coach. He interviews two
women and a man. He
___ Dismisses hiring the man because he could
not
supervise the girls dressing room.
___ Interviews all three but has already
promised Sue
Smith the job.
___ Assembles a small group of coaches and
teachers to
interview the candidates and asks them
to rate and
discuss the skills of each candidate.
___ Convenes a small group of racially and
ethnically
diverse coaches of both sexes, and has
them use a set
of criteria to rate and state their
reasons for their
selection.

61
Raising the Bar Toward Equity

A technical assistance team is visiting a school
with a
large Hispanic population. When they
enter the school,
they find
___ Nothing on the hallway or classroom walls
with which
the students could identify.
___ One classroom where the teacher has
pictures of
multicultural students and student
work in English
and in Spanish.
___ A school library with little evidence of
any multicultural
books.
___ A sign saying no Spanish words in this
classroom.

62
Raising the Bar Toward Equity

4. Mary Smith has a large classroom of diverse
students.
She tries to meet their needs. She
___ Spends the most time with average students
and
asks a paraprofessional to deal with the
ELL
students.
___ Provides instruction in English to all
class members.
___ Works to provide each ELL child with a
bilingual
buddy and makes an effort to use pictures,
graphic organizers, and demonstrations
during
instruction, and provides time for small
group
discussion and class discussion.
___ Avoids calling on and engaging the ELL
students
because she does not want to embarrass
them.

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Raising the Bar Toward Equity

An OSPI staff member is preparing a Request for
Proposals
for a school improvement program. She
includes a
description of the summer school program
which is targeted
for struggling students, especially
minority students. She
___ Requires an identification of the
struggling students to be
served and asks for an listing of
the ways they will be
recruited to attend summer school.
___ Does not specify any requirements for
the summer
school program.
___ Requires participating schools to have
summer school
teachers participate in an orientation
program with an
experienced teacher trainer prior to summer
school.
___ Does not require any final report or
evaluation.

64
Case Studies

Example 1
Is this a violation? Yes
Why? Sharons background and experience qualify
her for
the position the statement that the school needs
a male
principal is not a legitimate requirement for the
position.
Of what laws? Federal Title IX, Title VII
State RCW 49.60.40

65
Case Studies

Example 2
Is this a violation? Yes
Why? The disproportionate suspension rates of
African-
American students is probably discriminatory,
especially in
light of the fact that there is no policy or
appeals process.
Of what laws? Federal Title VI State RCW
49.60.040

66
Case Studies

Example 3
Is this a violation? Yes
Why? Under Section 504, schools receiving federal
funds must
provide facilities to accommodate disabled
students
Of what laws? Federal Section 504
State RCW 28A.155

67
Case Studies

Example 4
Is this a violation? Yes
Why? While English Language Learner students may
have
acquired social language skills, they often
require additional
assistance in learning the vocabularies needed
for academic
subjects. An assessment of Edwards language
skills should
have been made before assigning him to a special
education
class. This assessment should be made when a
child enters
the school and appropriate interventions such as
tutoring,
double dose group experiences, or before, after
or summer
school provided for such students.
Of what laws? Federal Title VI State RCW
49.60

68
Case Studies

Example 5
Is this a violation? Yes
Why? Lack of protection from sexual taunts or
harassment.
Of what laws? Federal Title IX
State RCW 28A.300.285 Bullying, Sexual
Harassment.

69
Case Studies

Example 6
Is this a violation? Yes
Why? There is a lack of effort to provide
athletic opportunity
for girls and no student survey has been
implemented.
Of what laws? Federal Title IX State RCW
49.60.040

70
Case Studies

Example 7
Is this a violation? Yes
Why? The use of criteria which result in racially
biased classes
is discriminatory. In this instance, it appears
that the
combination of WASL scores and teacher
recommendations
produce a discriminatory outcome. School
personnel not
only need to examine the basis for their
placement of
students, but also develop interventions for
improving the
WASL reading scores of African-American students
of this is
a major factor in placement.
Of what laws? Federal Title VI State RCW
49.60.040

71
Case Studies

Example 8
Is this a violation? Yes
Why? By law, each school district must have a
policy that
prohibits the harassment, intimidation, or
bullying of any
students. It is the responsibility of each
school district to
share this policy with parents or guardians,
students,
volunteers, and school employees.
Of what laws? State RCW 9A.36.080(3)
Sexual Orientation

72
Case Studies

Example 9
Is this a violation? No
Why? The question was did Mrs. Jamison eliminate
the
wall of separation between church and state by
offering
the unit on world religious holidays? Mrs.
Jamison is focusing
on holiday information for several religions and
the
information does not appear to be trying to
influence students
about a specific religion.
Of what laws? Federal First Amendment
State RCW 49.60 Prohibits religious
discrimination on
the basis of religion.

73
Case Studies

Example 10
Is this a violation? No
Why? The origin of much of great music was
written for
religious purposes and examples may be found to
represent
multi-religious connections. Mr. Leelands
effort to include a
variety of songs representing different religious
traditions
would indicate his intention to provide a respect
for various
traditions, rather than influence anyone for a
particular
tradition.
Of what laws? Federal First Amendment
State RCW 49.60 Prohibits discrimination of
the basis
of religion.

74
Case Studies

Example 11
Is this a violation? Yes
Why? The teacher is using inappropriate language
in the
text messaging.
Of what laws? Federal Title IX
State Sexual Harassment

75
Case Studies

Example 12
Is this a violation? Yes
Why? Under federal title IX Regulations, schools
must demonstrate
efforts to provide for the comparable athletic
opportunities for the under
served sex (usually girls). Under the Washington
Title IX they must
provide comparability in
Interests and Abilities
5. Coaching
Equipment and Supplies
6. Publicity
Scheduling of Games and Practice Times 7.
Medical and Training Services
Facilities 8. Travel and
Per Diem
The firing of Mr. Simmons for raising questions
about the differential
treatment of girls boys was an example of
employment discrimination.
Of what laws? Federal Title IX State RCW
28A.600.200

76
Raising the Bar Toward Equity

Listed below are some situations and difference
ways of responding to
them. Indicate the types of responses by placing
a D, B, N, or E letter in
the space provided.
In a class discussion of the world continents,
the
teacher covered North America, South
America, and
Europe. George, an African-American
student, asks
What about Africa?
The teacher replies
__B__ Africa still is quite an uncivilized
continent.
__N__ What do you know about Africa?
__E__ Africa is a fascinating continent. Would
you
like to do a research
project on it?

77
Raising the Bar Toward Equity

Jim Adams, principal of Cornwall Elementary
School, has an opening for a girls basketball
coach. He interviews two
women and a man. He
_D__ Dismisses hiring the man because he could
not
supervise the girls dressing room.
_D__ Interviews all three but has already
promised Sue
Smith the job.
_N_ Assembles a small group of coaches and
teachers to
interview the candidates and asks them
to rate and
discuss the skills of each candidate.
_E__ Convenes a small group of racially and
ethnically
diverse coaches of both sexes, and has
them use a set
of criteria to rate and state their
reasons for their
selection.