Consolidated Program Review: Civil Rights
LanguagesA-Z IndexPrinter Friendly Image
Search
 


 For more information
 about Equity & Civil Rights:
 Para más información
 sobre Equidad y Derechos
 Civiles:
 360-725-6162
 equity@k12.wa.us

 

Equity and Civil Rights

Consolidated Program Review: Civil Rights

Preparing for the civil rights Consolidated Program Review? Please see the information and resources below for each item.

Even if your district is not scheduled for a Consolidated Program Review, the checklist and resources below can be helpful to regularly self-evaluate and document compliance with various civil rights requirements.

CPR Civil Rights Checklist for 2018-19

14.1 Compliance Coordinators
14.2 Nondiscrimination Statement
14.3 Complaint Procedures: Discrimination and Sexual Harassment
14.4 Section 504
14.5 Interpretation/Translation Services
14.6 English Language Development Services
14.7 National Origin and Immigration Status
14.8 Course and Program Enrollment
14.9 Student Discipline
14.10 Accommodating Student Interests and Abilities
14.11 Annual Athletic Evaluation

14.1 Compliance Coordinators

Resources

Tips for CPR Success

  • CPR monitors may cross-reference with the OSPI coordinator list, so ensure the information you provide is current. Update your coordinator information.
  • Compliance coordinators are responsible for coordinating and monitoring the LEA’s compliance with civil rights laws, as well as responding to questions and concerns. The coordinators must receive training regarding their responsibilities. In-person training, online training, and on-going awareness of new resources and developments in the law is preferred.
  • If in-person training is not available, coordinators may provide an assurance that they have learned their responsibilities under the applicable laws. For this option, the coordinator should list each of the resources they have reviewed, the date of review, and provide assurance that they are prepared to use the resources to fulfill their obligations as the coordinator.
  • OSPI’s Equity and Civil Rights website has many resources available to assist coordinators in understanding their responsibilities. Please contact the Equity and Civil Rights Office for technical assistance on available resources.

14.2 Nondiscrimination Statement

Tips for Success

  • The contents of a nondiscrimination statement are specified in state law. Please see OSPI’s sample nondiscrimination statement for a comprehensive example of the required elements.
  • OSPI strongly encourages LEAs to include email addresses for each compliance coordinator in the nondiscrimination statement.
  • Be sure the current, complete nondiscrimination statement is consistently included on all major LEA and building publications that are widely disseminated to student, parents, or employees.
  • CPR monitors may cross-reference with the OSPI coordinator list, so ensure the information you provide is current. Update your coordinator information.

14.3 Complaint Procedures: Discrimination and Sexual Harassment

Tips for Success

Policies and Procedures

  • Ensure LEA nondiscrimination and sexual harassment policies and procedures are up-to-date and reflect changes made to chapter 392-190 WAC, which became effective December 19, 2014.
  • If using model policies and procedures, ensure LEA-specific information has been added (.e.g., “[insert Title IX Coordinator’s name and contact information]”).

Annual Notifications

  • LEAs must have effective methods for annually informing students, parents, employees, and volunteers about the discrimination complaint procedure and sexual harassment policy (typically included in student and employee handbooks). Information about an LEA’s Harassment, Intimidation, and Bullying (HIB) policy and complaint process does not meet this requirement.
  • To meet annual notice requirements, OSPI encourages LEAs to include OSPI’s sample handbook language in its student and employee handbooks. This sample language is available in multiple languages.
  • If an LEA does not have a student or employee handbook, it must otherwise provide written information about the LEA’s sexual harassment policy and discrimination complaint procedure to each student, parent, and employee.

Staff Training

  • The staff training should include information about civil rights requirements, including nondiscrimination protections under Washington law (i.e., types of discrimination and protected classes), employee responsibilities to report and respond to discrimination, and the LEA’s discrimination complaint procedures.
  • OSPI’s sample staff training may assist LEAs in meeting compliance with this requirement. The sample staff training slide deck includes talking points for a compliance coordinator or other administrator to deliver the training.
  • Evidence to show compliance with this item could include training materials, meeting minutes, detailed agendas, or sign-in sheets. Be sure to provide enough detail to demonstrate when the training occurred, what topics were covered, and how the LEA ensured all administrators and certificated and classroom personnel received the training.

14.4 Section 504

Tips for Success

  • LEAs are encouraged, but not required, to use OSPI’s sample Section 504 Notice of Parent Rights/Procedural Safeguards, which is available in multiple languages.
  • Ensure the LEA’s current Section 504 coordinator’s name and contact information are included on the Section 504 Notice of Parent Rights/Procedural Safeguards.
  • While on-site, OSPI monitors will review Section 504 plan documentation for evidence the LEA is using Section 504 procedures in referring, evaluating, and placing students eligible for a Section 504 plan.

14.5 Interpretation/Translation Services

Tips for Success

  • Please ensure the description of the LEA’s process to provide interpretation and translation services is sufficiently detailed to describe how language assistance services are provided at the district and building level. The description must address at least the following:
    • How the LEA determines when interpretation services are needed (e.g., how services are requested and the types of situations where interpretation services are typically provided).
    • How the LEA determines which documents need to be translated (e.g., how translations are requested and what types of documents are typically translated).
    • How the LEA determines which language(s) to translate documents into.
    • How the LEA ensures its staff are informed about to how to access interpreters or translators to communicate with LEP parents.
  • LEAs must provide qualified and competent adult interpreters and translators. Bilingualism, or the ability to communicate directly with LEP parents in a different language, does not solely qualify a staff member to serve as an interpreter or translator. The LEA must ensure interpreters and translators, including LEA or school employees who perform this role, are also trained regarding the role of an interpreter, the ethics of interpreting and translating, and the need to maintain confidentiality.
  • Students or other children may not be used to provide interpretation or translation services. LEAs are responsible for providing interpreters and may not rely on parents to bring a friend or family member to interpret.

14.6 English Language Development Services

14.7 National Origin and Immigration Status

Tips for Success

  • LEAs may not inquire about a student’s or parent’s citizenship or immigration status. Ensure the LEA’s and building’s enrollment forms do not request this information or the student’s or parent’s social security numbers.
  • LEAs may not require a student’s birth certificate for enrollment. LEAs must accept a variety of documents to establish a student’s age and residency. Alternative documents could include, but are not limited to: a religious, hospital, or physician’s certificate showing date of birth; an entry in a family bible; an adoption record; an affidavit from a parent; a birth certificate; previously verified school records; or any other documents permitted by law. LEAs should make parents aware of any alternatives that exist as part of their efforts to ensure a welcoming and inclusive environment for all students.

14.8 Course and Program Enrollment

Tips for Success

  • The description of the LEA’s process to annually review disaggregated course and program enrollment data should be sufficiently detailed to demonstrate how LEA or building teams conduct and document reviews, what data is reviewed, how frequently reviews occur, and who is involved.
  • The review should include courses and programs that only some students participate in, including the following: honors classes, advanced placement classes, Career and Technical Education classes, dual credit courses, highly capable programs, specialized physical education classes, online programs, pathway classes, and other specialized programs.
  • Course and program enrollment data must be disaggregated by sex, race, English Learner status, and disability (including Special Education and Section 504).
  • Be sure the evidence of implementation provided is sufficiently detailed to demonstrate what data was reviewed and how the LEA or building team determined whether disproportionalities exist.
  • If any disproportionalities are identified, the LEA must provide evidence that the LEA or building team analyzed disparities to determine the root causes and ensure they are not the result of discrimination.
  • Plans to address disproportionalities should be reasonably tied to the root cause of the disproportionality the LEA is aiming to address.
  • LEAs are encouraged, but not required, to use OSPI’s Course and Program Enrollment Data Worksheets. The worksheets include instructions for completing the annual review and discussion questions to guide analysis of potential disproportionalities.
  • For small LEAs, it may be useful to analyze multiple years of data together to identify possible trends of over or underrepresented student groups.

14.9 Student Discipline

Tips for Success

  • The description of the LEA’s process to annually review disaggregated student discipline data should be sufficiently detailed to demonstrate how LEA or building teams conduct and document reviews, what data is reviewed, how frequently reviews occur, and who is involved.
  • The review must include at least suspensions (including in-school suspensions) and expulsions. LEAs may also review other types of discipline referrals and types of behavioral violations.
  • Student discipline data must be disaggregated by sex, race, English Learner status, and disability (including Special Education and Section 504).
  • Be sure the evidence of implementation provided is sufficiently detailed to demonstrate what data was reviewed and how the LEA or building team determined whether disproportionalities exist.
  • If any disproportionalities are identified, the LEA must provide evidence that the LEA or building team analyzed disparities to determine the root causes and ensure they are not the result of discrimination.
  • Plans to address disproportionalities should be reasonably tied to the root cause of the disproportionality the LEA is aiming to address.
  • For small LEAs, it may be useful to analyze multiple years of data together to identify possible trends of over or underrepresented student groups.

14.10 Accommodating Student Interests and Abilities

Tips for Success

  • Be sure to complete the Athletic Opportunities Worksheet for every building selected in the review that operates, sponsors, or provides interscholastic athletics. The worksheet covers the Three-Part Test for assessing whether a school is providing nondiscriminatory participation opportunities for boys and girls. Be sure to complete all three parts of the worksheet.
  • In general, activities like cheer and dance are not considered athletic opportunities for Title IX purposes and should not be included in the athletic participation numbers considered in Part One of the Three-Part Test. Contact the OSPI Equity and Civil Rights Office for more information, or see OCR’s Dear Colleague Letter on athletic activities counted for Title IX compliance.
  • In determining whether a school’s current program fully and effectively accommodates the interests and abilities of the an underrepresented sex in Part Three of the Three-Part Test, be sure the analysis includes consideration of the following questions:
    • Is there an unmet interest in a particular sport (see the results of the Student Athletic Interest Survey and other requests)?
    • Is there sufficient ability to sustain a team in the sport?
    • Is there a reasonable expectation of competition for the team?
  • OSPI updated the Student Athletic Interest Survey in August 2018. Please be sure to use the updated survey moving forward.
  • See the Survey Instructions for instructions for administering the student athletic interest survey and analyzing the results for Part Three of the Three-Part Test.

14.11 Annual Athletic Evaluation

Tips for Success

  • Outside sources of funding may include booster clubs, fundraisers (e.g., a carwash or bake sale run by individual teams), and donations. Schools may accept funding from outside sources to support their athletic programs, as long as the funding does not result in disparities between the boys’ and girls’ programs. Keep in mind that once a school accepts an outside source of funding, it must ensure that its acceptance does not result in unequal benefits to one program over the other.
  • If the acceptance of funding results in a disparity along gender lines, the district must find and use resources from elsewhere to offset it.
  • When working with booster club donations or other outside sources of funding, schools should: (1) develop and consistently implement a process for managing and tracking donations; (2) anticipate and prepare for complications (e.g., a situation where outside funding is used to provide benefits to a specific team without the athletic director’s knowledge and consent); and (3) document their process and the reasons for any subsequent decisions.

WSSDA policies and procedures are provided by courtesy of the Washington State School Directors Association (WSSDA). For more information about these and other school board policies, contact WSSDA.

 


Questions?
equity@k12.wa.us
360-725-6162

FAX: 360-664-2967
TTY: 360-664-3631

   Updated 11/30/2018

Old Capitol Building, PO Box 47200, 600 Washington St. S.E., Olympia, WA    98504-7200    360-725-6000  TTY 360-664-3631
Contact Us    |    Site Info    |    Staff Only    |    Privacy Policy