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DOCUMENT RESUME ED 431 860 UD 033 027 AUTHOR Foy, Karla, Ed. TITLE Equity in Public Schools: The Federal Role. INSTITUTION New York Univ., NY. Metro Center for Urban Education. PUB DATE 1999-00-00 NOTE 60p. PUB TYPE Guides - Non-Classroom (055) EDRS PRICE MF01/PC03 Plus Postage. DESCRIPTORS Elementary Secondary Education; *Equal Education; *Federal Legislation; *Public Schools; *Racial Discrimination; *Sex Discrimination IDENTIFIERS National Origin ABSTRACT This guide is designed to be an educational resource on federal laws related to race, gender, and national origin. Particular emphasis is placed on Federal Region 8, which serves New York, New Jersey, Puerto Rico, and the Virgin Islands, but much of the information is applicable to public schools throughout the United States. The guide begins with a discussion of the changing configuration of public schools in the United States and the equity implications of these changes. The next two sections describe nine federal laws and two specific regulations, detailing the main purposes of each. Citations are provided to sections of the United States Code or the Code of Federal Regulations. The final section lists some equity resources to help school districts and their personnel get the technical assistance they need. (SLD) ******************************************************************************** * Reproductions supplied by EDRS are the best that can be made * * from the original document. * ******************************************************************************** Equity in Public Schools: The Federal Role Metro Center for New York University 1 PERMISSION TO REPRODUCE AND DISSEMINATE THIS MATERIAL HAS BEEN GRANTED BY 6-r Ifkto-itn TO THE EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) U.S. DEPARTMENT OF EDUCATION Office of Educational Research and improvement EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) 0 This document has been reproduced as received from the person or organization originating it. Vivlinor changes have been made to improve reproduction quality. Points of view or opinions stated in this document do not necessarily represent official OERI position or policy. BEST COPY AVAILABLE 2 411 I kw ' Is: ° , . ", 3 - ;.°. _ dera ole TH E EQUI"IN ASSMANCE (INTER NEW YORK UNIVERSIFY SCHOOL OF EDUCATION EDITED BY KARLA FOY ESQ. / METRO CENTER FOR \ URBAN EDUCATION This booklet contains links to information creat- ed and maintained by other public and private organizations. I--.1ese links are provided for the user's convenience. The Nletro Center for Urban Education does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclu- sion of links to particular items is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or ser- vices offered, on these outside sites, or the or.g.a- nizations sponsoring the sites. 1,it\ an Equity in Public Schools: The Federal Role Edited by Karla Foy, Esq. The Equity Assistance Center Metro Center for Urban Education School of Education New York University <10 d METRO CENTER T FOR URBAN EDUCATION I NEW YORK UNIVERSITY Dear Readers, This project came about as an Equity Assistance Center (EAC) response to many inquiries and requests for assistance regarding policy, procedures, and laws related tq sçhpol equity. Developed by EAC, it will serve as an educkithia '',;resource on federal laws related to race, gender, and national origin EAC is keenly aware of the difficuliiO4, that ethvt,arise when school per- sonnel and others do not have ,,easy access to uieiqriendly infor- ,. mation on school equi This guide ha`S,: been deSiiried to 0-vide ,orilS, a starting point in any legal inquiry. It provides a bfiefOverview of a particu- lar law or regulatiOn and leadthe reilileh, to other resources for more in-depth information. BeCanse the-,Aaw is not stagnant, any specific question or scenario pertaming;,to gie law is highly fact- r specific and must be cOnsidered as (2nch. There are many organiidtions,*d resources Oailable to help school districts ensure:equity br all of their stii;:ients. From the Office for Civil Rights of the U.S. Department 'of:, Education to technical assistance,,'*nters anCletained private attorneys working for school districtS; a wealth 'cif;,',xesources exist to help us up- hold and ensure: ithe civil rightS,'; of all students. In addition, , this guide giyes, all people concerned, with equity for all students an easily a6Cessible synopsis of sdirie laws that impact school equity. Considerable technical and human resources have gone into devel- oping and producing this guide. Of particular note, under the lead of Karla Foy, Esq., are the contributions of the entire EAC staff, Dr. LaRuth Gray, Deputy Director, Metro Center for Urban Education, and Julie Sacoder Folk, Metro Center Webmaster, for their editing, suggestions, and support. In addition, Dr. LaMar , BEST COPY AVAILABLE 3 P. Miller, Executive Director, Metro Center has endorsed this publication. Finally, it is our hope that this guide will rest on your desk and become dog-eared and scribbled in and worn out because it is such a useful and valuable resource on the basics of school equity law. Sincerely, (17-0a9t 0. ~sow Dr. Joan 0. Dawson, Director Equity Assistance Center 4 Table of Contents Introduction 7 Public Schools in the United States 9 Charter Schools 14 Magnet Schools 18 Federal Laws Age Discrimination Act 23 Americans with Disabilities Act 24 Civil Rights Act 26 Individuals with Disabilities Education Act 28 Perkins Act 30 Rehabilitation Act of 1973 Section 504 33 Title IX of the Education Amendments of 1972 34 Bilingual Education Act 37 Women's Educational Equity Act 39 Equity Based Regulations Racial Harassment 43 Sexual Harassment 45 Equity Resources 49 References 59 5 10 Introduction A myriad of Federal laws substantially impact what occurs in public schools, many of which pertain to the equitable treatment of all students. This guide is intended to provide guidance on Federal law, Federal regulations, and important programs that are related to equity and impact K-12 public education throughout the country. The Equity Assistance Center (EAC) is the organization that researched and com- piled this guide. The EAC is a part of the Metropolitan Center for Urban Education at New York University, School of Education. It is one of ten Federal Desegregation Assistance Centers funded by grants from the U.S. Depart- ment of Education awarded under Title IV of the Civil Rights Act of 1964. The EAC serves Federal Region B which includes New York, New Jersey, Puerto Rico, and the Virgin Islands. Accordingly, this guide places a particular emphasis upon the laws and regulations of these states and territories. However, much of the information contained in this guide is applicable to all public schools throughout the nation. Although most of the laws, regulations and programs in- cluded have been in existence for some time, many have been revised in recent years in ways that impact the implementation of educational equity for public schools. Further, the advent of widespread utilization of the Internet has greatly increased the number and variety of information sources available for public consumption. Little guidance exists for public schools to ascertain which web sites are reliable sources of information. As such, part of this effort is intended to provide some reliable Internet resources for school district personnel looking for more in-depth informa- tion on Federal laws that pertain to equity. The EAC is integrally involved in educational equity issues related to race, gender, and national origin. It also provides technical assistance to both Wtgnet schools and charter 11 schools: two types of public schools that are a part of the response to the clamor for more choice in public education. Thus, much of the information included here pertains to thete issues. In addition, we provide guidance on educational equity issues related to the disabled in schools, vocational education, and age discrimination. In summary, we have developed this guide to respond to new educational equity issues that have arisen in recent years, to update the information available on federal enforcement of educational equity, and to ensure that all children are attending public schools in places that understand and value their civil rights. This guide begins with a discussion of the changing configura- tions of public schools in the United States and the equity implications of those changes. In the next two sections, each law or regulation is briefly described and the main purposes of the law or regulation are detailed. Citations to specific sections of the United States Code, the official compilation of Federal laws, or to the Code of Federal Regulations (CFR), the official compilation of Federal regulations, are also provided. Many of the CFR citations are from the United States Department of Education. Fed- eral regulations expand on the often terse language of laws and provide more extensive guidance on how a particular governmental entity Will implement, interpret, and enforce the law. It is important to remember that Federal regulations have the force of lawschools to which the regulations apply are required to comply with the regulations just as they are required to comply with Federal laws that impact educational institutions. In the final section of this booklet, a compilation of some Equity Resources is provided so that school districts and their personnel have access to the wide variety of technical assistance and information available in helping to ensure educational equity. For further information, please contact the Equity Assistance Center at (212) 998-5100. 8 a 2 Public Schools in the United States 3 4 A. As we approach the new millennium, public schools in the United States remain a cornerstone of the democratic do- main. Public schools stand as one of few institutions in this country situated to bring together a cross-section of a community's children on equal ground in order to achieve a single purpose: education. The most basic aspects of sound, quality education have remained constantproviding all children with meaningful, challenging material in acces- sible manners across ability levels. However constant the aspects of quality education, public schools have also un- dergone many changesin configuration, in structure, in emphasis, and in delivery. Most of these changes have been complex transitions for public schools. Both the legislature and the judiciary on the State and the Federal levels have provided impetus and support for the evolution of public schools. From Plessy v. Ferguson,' which judicially sanctioned separate but equal educational facilities and created wholly inequitable educational systems based on race, to Brown v. Board of Education of Topeka, Kansas,2 which overruled Plessy and declared racially sepa- rate schools to be inherently unequal, the Supreme Court has shaped the fundamental nature of public education. Today, courts remain integrally involved in the desegregation of public education as school districts continue to grapple with court-ordered desegregation and issues involved in attaining unitary status from those orders. Similarly, the Supreme Court decision in Lau v. Nichols,3 which held that school districts must take affirmative steps to overcome educational barriers faced by non-English speakers, solidified the basis for the Federal law pertaining to bilingual educa- tion. Today, State and local governments throughout the country are either considering dismantling or have, in fact, begun to dismantle the dominant configuration of bilingual education. The enactment of the Civil Rights Act of 1964 and, the Magnet Schools Assistance Program are both testa- ments to congressional action impacting the evolution of public schools. Similarly, the:pekactment of Charter Schools legislation in a large number of states is a testament to 15 11 State legislative action impacting the evolution of public schools. Although legislatures and judiciaries have largely crafted and defined these laws, the tireless advocacy of parents and teachers must be neither overlooked nor underestimated. Parents and teachers frequently promote educational change in ways as lasting and important as judicial and legislative changes. For instance, parents are essentially responsible for the enactment of the Individuals with Disabilities Educa- tion Act because parents fought to see that their children and others similarly situated would no longer be denied adequate educational opportunities. Similarly, teacher§ and parents together are substantially responsible for the advent of charter schools, the relatively new autonomous public schools created and run by parents and teachers and com- munity partnerships to address specific community needs outside of the rubric of traditional public schools. Whether viewed through the lens of the legislative and judi- cial parameters established over the last 100 years or, the lens of parents and teachers advocating for student's rights, the evolution of public schools is clearly focused on equity. Equity exists when all students have equal access to all educational experiences without regard to race, gender, disability, or national origin. Today, public schools provide the equalizing force by which all children receive opportunities to learn, achieve, excel, and succeed. As the complexities of the workforce increase due to technological advances as well as the diversity of our population, the need for equitable public education for all children also increases. As such, the first section of this guide is dedicated to two relatively new types of public schools: magnet schools and charter schools. Both of these types of public schools focus in large part on provid- ing enhanced educational opportunity to students. Magnet schools do so as a component of desegregation efforts, 12 and charter schools do so as a component of community- based local reform efforts. The advent and increasing successes of magnet and charter schools are important in any discussion of educational equity because, as public schools, they are subject to all Federal and State civil rights laws. However, because they are new types of public sthools, some people may be con- cerned that the application of Federal and State laws might limit or impede the development of these educational reform efforts. Much to the contrary, compliance with Federal civil rights laws can enhance and solidify both the public per- ception and the growth potential of new types of public schools. 13 Charter Schools Charter schools are public schools under contract between a public agency (usually the State in which they are located) and groups of parents, teachers, community leaders, or oth- ers. These schools have become increasingly popular across the country as many school community members seek new ways to deliver quality education with the support of public funds, but free from many of the constraints placed upon other public schools. Generally, charter schools are held accountable to the same standards as other public schools in terms of student achievement but, unlike other public schools, they stand to lose their charters (authorization to exist) if they do not achieve the standards. Because charter schools are unique in many ways, they are an emerging area of focus in the educational arena in many respects. In terms of equity, charter schools may pose particular challenges because by their very nature these schools may enroll smaller numbers of students and are considered by some to be more "exclusive" than other public schools. It is important to recognize at the outset that charter schools are subject to all Federal civil rights laws. They are public institutions that are prohibited from practicing dis- crimination. Accordingly, a charter school should not recruit in a manner that discriminates against students of a par- ticular race, color, national origin, or sex, or students with disabilities. Instead, recruitment efforts should be designed to effectively reach all segments of the parent population. In addition, charter schools must ensure that parents who are not proficient in English are given appropriate and sufficient information about the charter school and that the information is effectively communicated to these parents. Charter schools must also ensure that information about the charter school is communicated as effectively to parents with disabilities as to other parents. 14 In terms of admissions, a charter school shall be open to all students on a space-available basis. It shall not dis- criminate in its admission policies or practices on the basis of intellectual or athletic ability, measures of achievement or aptitude, proficiency in the English language, or any other basis that would be illegal if used by a school district or if contrary to the regulations of the Office for Civil Rights, U.S. Department of Education. Students with disabilities may not be excluded from admission to a public charter school solely on the basis of their disability. Charter schools must also ensure that they do not discriminate on the basis of sex in their programs or activities. Title IX also protects public charter school students from unlawful sexual harassment in school programs or activities (see page 34 for more information on Title IX). In terms of specific desegregation efforts, when a charter school is in a school district that is under either a Title VI desegregation plan approved by the Office for Civil Rights, U.S. Department of Education, or a court-ordered desegregation plan, the charter school must be established and operated in a manner that is consistent with the desegregation plan. The public charter school may not substantially impede or retard the scope of desegregation. The Improving America's Schools Act of 1994, Title X, Part C on Public Charter Schools provides for three-year grants to State educational agencies or other eligible applicants upon application to the Department of Education. The pur- pose of this Federal law is to increase national understanding of charter schools by providing financial assistance for two purposes: 1. The design and initial implementation of charter schools. 2. The evaluation of the effects of such schools, in- cluding the effects on students, student achievement, staff, and parents. 15 Grants under this program may only be used for post- award planning and design of the educational program and initial implementation of the charter school. Finally, and again focused on equity, the very definition of a "charter school" for purposes of this statute requires that schools be in compliance with all of the following: The Americans with Disabilities Act; The Civil Rights Act of 1964; Title IX of the Education Amendments; Section 504 of the Rehabilitation Act; and Part B of the Individuals with Disabilities Educa- tion Act (IDEA) (Section 10306(1)(G)). More information about the Federal Charter Schools Grant Program can be found at Sections 10301 to 10307 of Title X of the Improv- ing America's Schools Act of 1994. The 1997 amendments to the IDEA also include provisions related to charter schools. In essence, these provisions state that local education agency (LEA) charter schools: (1) may opt not to be merged into larger local educational agencies; (2) non-LEA charter schools must receive an appropriate share of IDEA funds; and (3) charter schools are eligible for State discretionary program grant funds. Within Federal Region B, only New Jersey and Puerto Rico have enacted charter school legislation. The New Jersey charter school statute is called the Charter School Program Act of 1995, P.L. 1995. The New Jersey law was enacted in 1995 and as of this writing, there are 39 charter schools either approved or in operation in New Jersey and 35 charter schools in operation in Puerto Rico. Although there is no charter school legislation currently enacted in New York or the Virgin Islands, such legislation is being considered in New York. The proposed charter school leg- islation, Bill A 03252 and can be accessed on line at http://assembly.state.ny.us/cgi-bin/showbill?billnum=A03252 20 16 Check out the following resources for more information on Charter Schools: Questions and Answers on the Application of Federal Civil Rights Laws to Public Charter Schools http://www.uscharterschools.org/res_dir/res_primary/ ocr_q&a.htm General Charter Schools information: http://www.uscharterschools.org/ Charter Schools and Special Education Handbook: http://www.uscharterschools.org/res_dir/res_primary/ res_nasdse.htm The New York Charter School Resource Center: http://www.nycharterschools.org/ Puerto Rico Department of Education: Mr. Angel Melendez, Esq., Executive Director Mr. Jorge Rivera, Special Assistant Educational Reform Institute Puerto Rico Department of Education P.O. Box 192379 San Juan, P.R. 00919 Phone: (787) 765-9772 For Information in New Jersey, contact: Ms. Mary Lynn Fracaroli, Acting Director Office of Innovative Programs and Practices NJ State Department of Education P.O. Box 500 Trenton, NJ 08625-0500 Phone: (609) 292-5850 Fax: (609) 633-9825 For New Jersey-specific Charter Schools questions and answers, refer to http://www.state.nj.us/njded/ chartsch/apexc.htm 21 17 Magnet Schools Statute 20 U.S.C. 7201-7213 Regulations 34 CFR Part 280 The Federal Magnet Schools Assistance Program ("MSAP") is a discretionary grant program administered by the U.S. Department of Education. For MSAP purposes, a magnet school is defined as a "public elementary or secondary school...that offers a special curriculum capable of attracting substantial numbers of students of different racial back- grounds." Since 1984 over $1 billion has been provided to local school districts through this program to ,provide enhanced instruction as a part of a desegregation effort. The MSAP awards monies based on a competitive grant process that is held every three years. The MSAP provides funds to school districts for the following four purposes: 18 1. To assist in the desegregation of schools for the elimination, reduction, or prevention of minority group isolation in schools with substantial proportions of minority students. 2. To develop and implement magnet school projects that will assist in achieving systemic reforms and providing all students the opportunity to meet State content standards and State student performance standards. 3. To develop and design innovative educational practices and methods. 4. To develop courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the grasp of tangible and marketable skills of students attending such schools. According to the MSAP, schools must be under either a voluntary or a court-ordered desegregation plan to be eligible for funding. Under a voluntary plan, a school district chooses to adopt and effectuate a plan to reduce the seg- regation of its students. In order to qualify for MSAP funds, the Office for Civil Rights of the U.S. Department of Education must approve the voluntary plan. Under a court- ordered plan, a court' develops a plan to reduce the segre- gation of students in the district that the district must put into effect. In addition, all Federally funded magnet schools must be designed to bring students from different social, economic, ethnic, and racial backgrounds together. The MSAP statute further describes specific limitations and prohibitions on the use of MSAP funds. Limitations include that MSAP funds may only be used to acquire books, ma- terials, and equipment and for the payment of teachers and instructional staff if these items are directly related to im- proving reading skills or content area knowledge. The prohibitions state that MSAP funds may not be used for transportation of students or for any activity that does not augment academic improvement. The most recent MSAP competition ended in April 1998. At that time, $96.5 million was awarded under the program to an estimated 60 recipients. The next new MSAP cycle will occur in 2001. Check out the following resource for more information on the MSAP: Office for Civil Rights publication, "MAGNET SCHOOLSPromoting Equal Opportunity & Quality Education" Code No. 11, 1991. 19 Federal Laws 241 25 ;4. Age Discrimination Act Statute 42 U.S.C. Sections 6101-6107 Regulations 29 CFR, PART 110 Federal Register July 27, 1993 The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. The law provides that "no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance." The Act permits specific exceptions to Federally assisted programs and activities, and recipients of Federal funds. Under certain circumstances, a recipient may use age dis- tinctions or reasonable factors other than age, if the factors bear a direct and substantial relationship to the normal operation of the program, activity, or the achievement of a statutory objective. If a recipient operating a program pro- vides special benefits to the elderly or to children, the use of age distinctions is presumed to be necessary to the normal operation of the program. The purpose of the U.S. Department of Education age discrimination regulations is to set out the Department's rules for implementing the Age Discrimination Act. These regulations apply to any program or activity receiving Fed- eral financial assistance from the Department. Check out the following resources for additional information on the Age Discrimination Act: Federal Register, July 27, 1993, Department of Education, for Regulation for the Age Discrimination Act of 1975. 23 Americans with Disabilities Act Statute 42 U.S.C. Sections 12101 et.seq. Regulations 28 CFR Sections 35-102 to 35-104 Title II of the Americans with Disabilities Act (ADA) provides protections to those with disabilities in public schools. This statute requires that "no qualified individual with a disability shall be excluded from participation in, or denied access to, programs or activities; denied benefits or services or be subjected to discrimination by any public entity." In practice, this means that the disabled cannot be limited in their abil- ity to participate in school programs or activities or denied any benefit or service due to their disability. This law complements IDEA (page 28) in that it applies not only to education and to students, but to all disabled people who utilize any public entity. This law also extends Section 504 of the Rehabilitation Act (page 33) to all State or local government services, programs, and activities regardless of whether they receive Federal funding. The ADA is enforced by the Office for Civil Rights, U.S. Department of Education in public elementary and secondary education systems and institutions. Check out the following resources for more information about the equity provisions of the ADA: OCR publication, "Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary and Secondary Schools." U.S. Department of Justice's ADA Information Line at (800) 514-0301 (voice), (800) 514-0383 (TTD). ADA specialists are available to provide technical assis- tance 10 A.M. to 6 P.M. eastern time Mondays Through Fridays, except Thursdays when the hours are 1 P.M. to ,§4M. Public school officials can 24 27 also contact the ADA National Access for Public Schools Project, funded by NIDRR, at Adaptive Environments, Inc., (800) 893-1225 (voice/TTD). Americans with Disabilities Act Document Center includes ADA Statute, Regulations, ADAAG (Americans with Disabilities Act Accessibility Guide- lines), Federally Reviewed Tech Sheets, and Other Assistance Documents, located at http://janweb.icdi.wvu.edu/kinder/index.htm ADA Technical Assistance Program, located at http://www.adata.org 28 25 Civil Rights Act Statute 42 U.S.C. Section 2000a-d Regulations 34 C.F. R Part 100 The Civil Rights Act of 1964 is the most prominent civil rights legislation since the Reconstruction. This law was enacted in order to reach the actions of individuals who were violating the civil rights of other Americans. In its entirety, the Civil Rights Act of 1964 encompasses the following: voting rights (Title I); injunctive relief5 against discrimination in places of public accommodation (Title II); desegregation of public facilities (Title III); desegregation of public education (Title IV); extension of the Commission on Civil Rights (Title V); prohibition against discrimination in Federally funded programs (Title VI); prohibi- tion against employment discrimination where the employer is engaged in interstate commerce (Title VII); registration and voting statistics (Title VIII); federal intervention and procedure after cases have been removed in civil rights cases (Title IX); establishment of the Community Relations Service (Title X); and miscellaneous provisions (Title Xl). Although Title IV of the Civil Rights Act deals expressly with desegregation of public education, it is Title VI of that Act that provides the basis for nondiscrimination in public educa- tion. Title VI of the Civil Rights Act of 1964 provides 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." Under applicable U.S. Department of Education Regulations, prohibited practices based on Title VI include the following: 26 1. Providing services, financial aid, or other benefits that are different or provided in a different manner. 2. Restricting an individual's enjoyment of an advantage or privilege enjoyed by others. 3. Denying an individual the right to participate in Federally assisted programs. 4. Defeating or substantially impairing the objectives of Federally assisted programs. Title VI regulations also prohibit denial of equal access to education because of a student's status as a limited-English proficient student. Title VII of the Civil Rights Act prohibits discrimination in em- ployment on the basis of race, color, national origin, religion, or sex. The U.S. Equal Employment Opportunity Commission enforces Title VII. A detailed discussion of Title VII is beyond the scope of this document; however, a number of resources for information pertaining to Title VII are included in the "Equity Resources" section that begins on page 49. The Civil Rights Act of 1964 was amended in both 1988 (the Civil Rights Restoration Act of 1987) and in 1991 (the Civil Rights Act of 1991). The Civil Rights Restoration Act of 1987 responded to a 1984 Supreme Court decision that sought to limit the applicability of Federal anti-discrimination laws. The Restoration Act clarified that anti-discrimination laws generally apply not only to the specific program receiving Federal financial assistance but also to the entire institution of which it is a part. The 1991 amendment changed Title VII of the Civil Rights Act of 1964 to allow for specific types of damages in lawsuits by the employees of private institutions. Check out the followind resources for more information on Title VI of the Civil Rights Act of 1964: OCR publications, "Student Assignment in Elementary and Secondary Schools and Title VI," "The Provision of an Equal Education Opportunity to Limited English Proficient Students," "Education and Title VI," and "Racial Harassment/OCR Investigative Guidance." i. .,411 ..6t, 4 ik 27 Individuals with Disabilities Education Act Statute 20 U.S.C. Section 1400 et.seq. Regulations 34 CFR Section 300 et.seq. The Individuals with Disabilities Education Act, which is commonly referred to as IDEA, was enacted in 1975 and substantially revised in 1997. Prior to 1975, IDEA was known as the "Education for All Handicapped Children Act." IDEA, in its current form, is the predominant force in the Federal regulation of education for those with disabilities. IDEA requires that in order to receive Federal funds, schools must meet certain minimum requirements for stu- dents with disabilities. The basic provisions of IDEA are as follows: 1. To guarantee a "free appropriate public education," including special education and related services designed to meet the unique needs of all children and youth with disabilities. 2. To assure that the rights of children and youth with disabilities and their parents or guardians are protected (e.g., fairness, appropriateness, and due process in decision making about providing special education and related services to children and youth with disabilities). 3. To assess and assure the effectiveness of special education at State and local levels of government. 4. To assist the efforts of State and local governments in providing full educational opportunities to all children and youth with disabilities through the use of Federal funds. In 1997 IDEA was substantially revised. One important re- vision relates to provisions for charter schools. These rt-Pi 28 311 provisions are discussed in greater detail on page 14. The other revisions to IDEA are extensive and include the following broad topics: funding, student identification, perfor- mance goals and indicators, participation in assessments, and disciplinary provisions. Check out the following resources for more information about the equity provisions of IDEA: OCR Publication, "Student Placement in Elementary and Secondary schools and Section 504 and Title ll of the Americans with Disabilities Act." The Federal Resource Center for Special Education, located at http://www.dssc.orgfirc The Northeast Regional Resource Center (NERRC) (which serves Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont), located at http://interactuoregon.edu/wrrc/nerrc/index.htm The South Atlantic Regional Resource Center (SARRC) (which serves Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, New Mexico, Okla- homa, Texas, Puerto Rico and the Virgin Islands) http://www.fau.edu/divdept/sarrc The 1997 revisions to the IDEA are discussed in detail at http://www.ed.gov/offices/OSERS/IDEN index.html 3Z 29 Perkins Act Statute 20 USC Sec. 2301 Regulations 34 CFR 403 Originally enacted in 1968 and most recently amended in 1990, the Carl D. Perkins Vocation and Applied Technology Act ("the Perkins Act") is a Federal program that funds efforts designed to provide single parents, displaced home- makers, and single pregnant women with marketable skills. The Perkins Act also provides funding for gender equity programs that eliminate sex bias and stereotyping in second- ary and postsecondary vocational education and to enable participants to support themselves and their families. The majority of Perkins Act funds are awarded as grants to State education agencies and are usually identified as "State Basic Grants." State Basic Grants are allotted ac- cording to a formula based on states' populations in certain age groups and their per capita income. Eligible recipients for subgrants (grants from the state education agency or the State Board for Vocational Education with these funds) are local educational agencies and postsecondary institutions. Check out the following resources for more information on the Perkins Act: The U.S. Department of Education web site for the Office of Vocational and Adult Education is http://www.ed.gov/offices/OVAE/ The National Center for Research in Vocational Education (NCRVE) is the nation's largest center for research and development in work-related education and is funded by the Office of Vocational and Adult Education of the U.S. Department of Education. NCRVE has been headquartered at the University of California at Ber6l4 since 1988 and works in 30 3 consortia with Columbia University, Teachers College, Thomas Bailey, Site Director. The NCRVE website is located at http://ncrve.berkeley.edu ERIC Clearinghouse on Adult, Career, and Vocational Education provides comprehensive information services in Adult and Continuing Education, Career Education (from childhood to adulthood), and Vocational and Technical Education. This ERIC Clearinghouse is located at College of Education, The Ohio State University, 1900 Kenny Road, Columbus OH 43210- 1090. The website is at http://ericacve.org/ The State Directors for Vocational-Technical Education in each state and outlying area help fund vocational- technical education programs and services for youth and adults through the Carl D. Perkins Vocational and Applied Technology Education Act. The Office of the State 'Director for New York is: Office of Workplace Preparation and Continuing Education (New York) Jan C. Stevens, Assistant Commissioner Contact: Karl S. Wittman, Supervisor New York State Education Department Room 319 Education Building Albany, NY 12234 Phone: (518) 474-4809 Fax: (518) 474-0319 E-mail: emscwfp@mail.nysed.gov http://www.nysed.gov/workforce/work.html a 4 31 32 The Office of the State Director for New Jersey is: Office of School-To-Career and College Initiatives (New Jersey) Dr. Thomas Henry, Director State Department of Education P.O. Box 500 Trenton, NJ 08625-0500 Phone: (609) 633-0665 Fax: (609) 984-5328 E-mail: thenry@doe.state.nj.us The Office of the State Director for Puerto Rico: Office of Vocational-Technical Education (Puerto Rico) Carlos Vazquez, Assistant Secretary for Vocational- Technical Education Department of Education P.O. Box 190759 Hato Rey, PR 00919-0759 Phone: (787) 758-4132 Fax: (787) 763-5355 The Office of the State Director for Virgin Islands: Vocational-Technical/Adult Education (Virgin Islands) Anna L. Lewis, Director Contact: Roy Frett, Supervisor, Vocational Education Department of Education 44-46 Kongens Gade Saint Thomas, VI 00801 Phone: (340) 776-3484 Fax: (340) 776-3488 OCR publication, "Vocational Education & Civil Rights" 1991. t:,..;. ...66 _ Rehabilitation Act of 1973 Section 504 Statute 29 U.S.C. Section 794 Regulations 34 CFR Part 104, Subparts A, C and D Section 504 of the Rehabilitation Act of 1973 prohibits dis- crimination on the basis of disability in any program or ac- tivity of a State or local government that receives Federal funds. In terms of education, this law requires that "no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance...." This statute is enforced by the Office for Civil Rights, U.S. Department of Education. As a practical matter, this law is interpreted to mean that in elementary and secondary schools, handicapped students may be assigned to separate facilities or courses of special education only when such placement is necessary to provide them equal educational opportunity and when the separate facilities and services are comparable to other facilities and services. Check out the following resource for more information on the Rehabilitation Act of 1973: OCR Publications, "Discipline of Students with handicaps in Elementary and Secondary Schools," "Free Appropriate Public Education," "The Civil Rights of Students With Hidden Disabilities under Section 504 of the Rehabilitation Act of 1973." f4t,. 33 Title IX of the Education Amendments of 1972 Statute 20 U.S.C. Section 1681-1688 Regulations 34 CFR part 106 Title IX of the Education Amendments of 1972 ("Title IX") ensures legal protection against discrimination for students and employees based on sex. This includes protection against sexual harassment in educational institutions receiving Federal financial assistance. Title IX applies to public and private schools, from kindergarten through graduate schools, and covers admissions, recruitment, educational programs and activities, course offerings and access, counseling, finan- cial aid, employment assistance, facilities and housing, health and insurance benefits and services, scholarships, and athletics. Notably, the Sexual Harassment Regulation (see page 45) clarifies that Title IX applies to all school pro- grams whether they occur in school facilities, on the school bus, at a class or program sponsored by the school at another location, or elsewhere. Title IX also protects against discrimination based on marital and parental status. Specifically, Title IX provides 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 program or activity receiving Federal financial assistance...." Title IX is not a part of the Civil Rights Act of 1964 rather, it is an amendment to the Higher Education Act. The Office for Civil Rights, U.S. Department of Education enforces Title IX. Although segregation of students by sex is generally prohib- ited by Title IX, there are specific exceptions to this rule. Segregation of students by sex is allowed in the following circumstances: 34 In choral music classes, schools may have require- ments based on vocal range, which may result in all-male or all-female choruses. In elementary and secondary schools, portions of classes that deal exclusively with human sexuality may be conducted in separate sessions for boys and girls but the curriculum must be substantially the same. In physical education classes or activities, students may be separated by sex when participating in sports where the activity involves bodily contact, e.g., wrestling, boxing, rugby, ice hockey, football, and basketball.6 Students may be grouped in physical education classes by ability, if objective standards of individual performance are applied. This may result in all-male or all-female ability groups. If the use of a single standard to measure skill or progress in a physical education class has an adverse effect on members of one sex, schools must use appropriate standards that do not have such an effect. For example, if the ability to lift a certain weight is used as a standard for assignment to a swimming class, application of this standard may exclude some girls. The school would have to use other, appropriate standards to make the selection for that class. Where a school operates separate educational programs or activities for members of each sex in accordance with the exceptions, the school must ensure that the separate course, services, and facilities are comparable. 35 Check out the following resources for more information on Title IX: 36 OCR publications, "Student Assignment in Elementary and Secondary Schools & Title IX," "Equal Opportunity in Intercollegiate Athletics; Clarification of Intercollegiate Athletics Policy Guidance: The three-part Test," "Title IX and Sex Discrimination," "Teenage pregnancy and Parenthood Issues (under Title IX of the Education Amendments of 1972)," "Title IX Grievance Proce- dures: An Introductory Manual." "Balancing the Equation: A Report on Gender Equity in Education," Recommendations of the Gender Equity Task Force to the New Jersey Employment and Training Commission, 1997. The U.S. Department of Education list of gender equity resources is at http://www.ed.gov/offices/ODS/g-equity.html 't Bilingual Education Act Statute 20 U.S.C. 3283(a)(2); 1401(a)(22) Regulations 34 C.F.R. Part 300 The first federal legislation regarding bilingual education was the Bilingual Education Act of 1968, which was an amendment to Title VII of the Elementary and Secondary Education Act (ESEA) of 1965. Title VII was reauthorized in 1994 as part of the Improving America's Schools Act of 1994 in a more expan- sive manner. The reauthorized version of Title VII is entitled, "Bilingual Education, Language Enhancement, and Language Ac- quisition." Generally, this statute, which ensures that children who are limited English proficient have adequate educational opportunity, is referred to as either 'Title VII" or "The Bilingual Education Act." Title VII is a program that exists in order to increase the ca- pacity of both local school districts and State education agencies to provide programs of bilingual education to limited-English proficient students. Its purpose is the development of full pro- ficiency in English while building achievement in all curricular areas. The reauthorized version of Title VII provides a new configura- tion that expands the Act to cover language enhancement and language acquisition programs other than bilingual education. In addition, the reauthorized version of Title VII strengthens the comprehensive approach of funded programs; streamlines pro- gram definitions to enhance flexibility; strengthens the State administrative role; improves research and evaluation; and emphasizes professional development. The enhanced focus on comprehensive programs that include bi- lingual education is particularly important to local school districts. Here, the legislation seeks to end the fragmentation of bilingual education programs by implementing new discretionary grants in- tended to ensure that bilingual programs are not isolated from the overall school program. These new discretionary grant pro- grams include the following: development and implementation 37 grants; enhancement grants; comprehensive school grants; and systemwide improvement grants. Check out the following resources for more information on the Bilingual Education Act: 38 The National Clearinghouse for Bilingual Education at George Washington University, (800) 321-NCBE, on-line at http://www.ncbe.gwu.edu/ U.S. Department of Education, Office of Bilingual Education and Minority Languages Affairs (OBEMLA), on-line at http:// www.ed.gov/offices/OBEMLA/index.html The National Association of Bilingual Education website is located at http://www.nabe.org East Region, Evaluation Assistance Center, 1730 N. Lynn Street, Suite 401, Arlington, VA, (703) 528-3588. Women's Educational Equity Act Statute 20 U.S.C. 7231 (Reauthorized as part of Improving America's Schools Act of 1994) The Women's Educational Equity Act (WEEA) was enacted in 1974. The purpose of the law is to make education more equitable for girls and women by providing incentives and guidance to schools and community groups. WEEA was extended in 1978, amended in 1984, and reauthorized in 1988 and 1994. In contrast to Title IX, which provides sanctions for noncompliance with the sex equity legislation, WEEA represents the supportive component: providing funding at all levels of education for programs of national, statewide, or general significance to overcome sex stereotyp- ing and achieve educational equity for girls and women. The key priorities in the early years of the grant program were Title IX compliance by educational institutions and gender equity for racial or ethnic minorities and women and girls with disabilities. More recently, WEEA grants have focused on gender-based violence and school-to-work issues. WEEA support is provided via WEEA funded grants, the National Advisory Council on Women's Educational Programs (NACWEP), and the WEEA Publishing Center, now the WEEA Equity Resource Center. Check out the following resource for more information on WEEA: WEEA Equity Resource Center http://www.edc.org/WomensEquity/ 39 Equity-Based Regulations 43 Racial Harassment Statute none Regulations Federal Register Vol. 59 No. 47, Thursday, March 10,1994 Similar to the regulation on sexual harassment and its re- lationship to Title IX, the regulation on racial harassment pertains to one form of racial discrimination that is prohibited by Title VI of the Civil Rights Act of 1964. The Office for Civil Rights of the U.S. Department of Education pro- mulgated the regulation to describe how that office will investigate and analyze racial harassment discrimination. The regulation provides that conduct is racial harassment in violation of Title VI of the Civil Rights Act in two distinct circumstances. First, if the conduct consists of different treatment of students on the basis of race by district agents7 or employees who are acting within the scope of their official duty. Second, if a school district allows a racially hostile environment to be created, encouraged, ac- cepted, tolerated, or left uncorrected, the school district is in violation of Title VI. Differential treatment involves a student being treated differ- ently than other students based on race without a legitimate, nondiscriminatory reason. In order for differential treatment to constitute racial harassment in violation of Title VI, the treatment must be by an agent or employee of the school district. In addition, the differential treatment must interfere with or limit the student's ability to participate in or benefit from the services, activities, or privileges provided by the school district. A racially hostile environment exists when the conduct is: 1. Physical, verbal, graphic, or written. 2. Sufficiently severe, pervasive or persistent. 43 3. Interferes with or limits the ability of an individual to participate in or benefit from the services, activi- ties, or privileges provided by a school district. The regulation clarifies that the alleged harasser does not have to be a person who is an agent or employee of the school district in cases of a racially hostile environment. Rather, because school districts have a general duty to provide a nondiscriminatory educational environment, any person who creates a racially hostile environment of which the district was aware or should have been aware may subject the district to liability. The Office for Civil Rights will determine if a racially hostile environment exists based on the severity, pervasiveness, or persistence of the alleged conduct, the notice of the alleged conduct, and the district's response to the original complaint. Other important points emphasized in the regulation are that the victim's race and age will be considered in evaluating the severity of racial incidents, that districts need to have policies and grievance procedures specifically applicable to racial harassment, and that districts have a duty to take reasonable steps to eliminate racial harassment. 44 Sexual Harassment Statue none Regulations Federal Register, Vol. 62, No. 49, Thursday, March 13, 1997. Sexual harassment of students, like other forms discrimination based on sex, is prohibited by Title IX of the Education Amendments of 1972 (see page 34). However, because sexual harassment is so insidious in the manner in which it can affect the educational process and because of the myriad of questions about how to prevent and deal with allegations of sexual harassment, the U.S. Department of Education, Office for Civil Rights, promulgated a set of regulations in 1997 dedicated entirely to this form of sexual discrimination. This regulation provides educational institutions with guide- lines on the standards used to enforce Title IX by the Office for Civil Rights. The regulation also provides guidance on what constitutes sexual harassment and what educational institutions should do to investigate and resolve allegations of sexual harassment of students by school employees, other students, or third parties. There are two types of prohibited sexual harassment de- scribed in the regulation. The first type is quid pro quo8 harassment. Quid pro quo harassment occurs when a school employee conditions a student's participation in a program or activity or bases an educational decision on the student's submission to unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature. The second type of sexual harassment is hostile environment sexual harassment. Hostile environment sexual harassment is sexually harassing conduct (including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical con- duct of a sexual nature by an employee, another student, or a third party) that is s4ciently severe, persistent, or 4 7 45 pervasive to limit a student's ability to participate in or benefit from a program or activity, or to create a hostile or abusive educational environment. The regulation further provides that whether the conduct is sufficiently severe, persistent, or pervasive should be consid- ered both subjectively and objectively. Relevant circum- stances in this inquiry include: The degree to which the conduct affected one or more students' education. The type, frequency, and duration of the conduct. The identity and relationship between the alleged harasser and the subject or subjects of the harassment. The number of individuals involved. The age and sex of the alleged harasser and the subject or subjects of the harassment. The size of the school, location of the incidents, and context in which they occurred. Other incidents at the school. Incidents of gender-based but not-sexual, harassment. In addition, this regulation provides that schools must have prompt and equitable grievance procedures through which students can complain about any act of sexual discrimina- tion, including sexual harassment. The regulation also provides guidelines for when a school will be liable (legally responsible) for sexual harassment by employees, other stu- dents, or third parties. Notably, the Supreme Court recently (in June 1998) decided a case that determined that school districts will not be liable for monetary damages for a teacher's sexual harassment of a student if appropriate school officials did not actually know about the misconduct:9 Finally, this regulatory guidance provides important information on what behaviors may constitute legitimate nonsexual touching that is not prohibited by Title IX, sexual harass- ment directed at gay or lesbian students, when a school is 46 . 48 deemed to have "notice" of alleged sexual harassment, and the First Amendment implications of sexual harassment. Check out the following resources for more information on the Sexual Harassment Regulations: OCR publication, "Sexual Harassment: It's not Academic" U.S. Department of Education, Office for Civil Rights, March 1997. Also available in full text on-line at http://www.ed.gov/offices/OCR/ocrshpam.html A full copy of the Sexual Harassment Regulation is available on-line at http://www.ed.gov/offices/OCR/ ocrpubs.html Secretary of the U.S. Department of Education Richard Riley's statement on the impact of the Supreme Court's Gebser decision is on-line at http://www.ed.gov/PressReleases/07-1998/lago.html 47 Equity Resources 51 The Office for Civil Rights of the U.S. Department of Education enforces Federal civil rights laws in educa- tional institutions. For general information or to order one free copy of any OCR publication contact: U.S. Department of Education Office for Civil Rights Customer Service Team 330 C Street S.W. Washington, DC 20202 Phone: 202-205-5413 Fax: 202-205-9862 http://www.ed.gov/offices/OCR/ E-mail: OCR@ed.gov The Regional Office for Federal Region B including NJ, NY, Puerto Rico & Virgin Islands Office for Civil Rights, New York Office U.S. Department of Education 75 Park Place, 14th Floor NY, NY 10007-2146 Phone: (212) 637-6466 Fax: (212) 264-3803; TTD (212) 637-0478 E-mail: OCR_NewYork@ed.gov State and Territorial Departments of Education for Region B New York: State Education Department Dr. Richard P. Mills, Commissioner Education Building Albany, New York 12234 Interactive Voice Response Phone Number: (518) 474-3852 http://www.(lysed.gov rk-J §6 51 New Jersey: State Education Department Dr. Leo Klagholz, Commissioner 100 River View Executive Plaza CN 500 Trenton, NJ 08625 Telephone (609) 292-4469 Fax (609) 777-4099 http://www.state.nj.us/education/ Office of Bilingual Education and Equity Issues Mrs. !liana Okum, Director Phone: (609) 292-8777 Fax: (609) 292-1211 Puerto Rico: Puerto Rico Department of Education Dr. Victor R. Fajardo, Secretary of Education P.O. Box 190759 San Juan, PR 00919-0759 Phone: (809) 759-2000 Fax: (809) 250-0275 United States Virgin Islands: Virgin Islands Department of Education Mr. Liston A. Davis, Commissioner of Education Dr. Valeria Wheatley, Insular Superintendent 44-46 Kongens Gade Charlotte Amalie, VI 00802 Phone: (809) 774-2810 Fax: (809) 774-4679 52 Regional Technical Assistance Centers The Equity Assistance Center at New York University's Metro Center for Urban Education is one of ten Feder- ally funded Desegregation Assistance Centers providing technical assistance to school districts and other responsible educational agencies on issues related to race, gender and national origin. Equity Assistance Center (EAC) serving New York, New Jersey, Puerto Rico, and the Virgin Islands Dr. Joan 0. Dawson, Director Metropolitan Center for Urban Education New York University 82 Washington Square East, Suite 72 New York, NY 10003-6644 Phone: (212) 998-5100 Fax: (212) 995-4199 http://www.nyu.edu/education/metrocenter/eac/eac.html EAC Resource Center (EAC's site at Rutgers University) The Consortium for Educational Equity 36 Street 1603 Piscataway, NJ 08854-8036 Phone: (732) 445-2071 Fax: (732) 445-0027 http://www.nyu.edu/education/metrocenter/eac/resource.htm 53 The New York Technical Assistance Center (NYTAC) at New York University's Metro Center for Urban Education is one of fifteen Federally funded Comprehensive Re- gional Assistance Centers. These Centers help states, school districts, and schools in meeting the needs of children in high-poverty areas; migratory children; immi- grant children; children with limited-English proficiency; neglected or delinquent children; homeless children and youth; Indian children, children with disabilities; and, where applicable, Native Alaskan and Hawaiian children. 54 New York Technical Assistance Center serving the New York State Region (Region II) Dr. LaMar P. Miller, Executive Director. New York University Suite 72 82 Washington Square East New York, NY 10003-6680 Phone: (212) 998-5100, (800) 4NYU-224 Toll Free Restrictions: NY residents only Fax: (212) 995-4199 http://www.nyu.edu/education/metrocenter/nytac/nytac.html Region Ill Comprehensive Assistance Center also setving New Jersey in Region ll Dr. Charlene Rivera, Director The George Washington University Center for Equity and Excellence in Education Suite 401, 1730 North Lynn Street Arlington, VA 22209 (703) 528-3588 (800) 925-3223 Fax: (703) 528-5973 E-mail: r3cc@ceee.gwu.edu http://r3cc.ceee.gwu.edu Li ?Live 55 Region XIV Comprehensive Assistance Center also serving Puerto Rico and the Virgin Islands in Region ll Dr. Trudy Hensley, Director Educational Testing Service Suite 400 1979 Lakeside Parkway Tucker, GA 30084 (800) 241-3865 TTY: (770) 934-2624 Fax: (770) 723-7436 E-mail: thensley@ets.org http://www.ets.org/ccxiv The Regional Laboratories are a network of ten regional laboratories that are funded by the Office of Educa- tional Research and Improvement of the U.S. Department of Education. The purpose of the laboratories is to promote school improvement through the collaboration of researchers with schools and their communities. The Northeast and Islands Regional Educational Laboratory serving New York, Puerto Rico and Virgin islands Dr. Adeline Becker, Executive Director Dr. John P. Zarlengo, Executive Director Education Alliance Northeast and Island Regional Educational Laboratory at Brown University 222 Richmond Street, Suite 300 Providence, RI 02903-4226 Phone: (401) 274-9548 (800) 521-9550 Fax: 401/421-7650 http://www.lab.brown.edu/public/index.shtnil E-mail: lab@brown.edu 55 The Laboratory for Student Success serving New Jersey Dr. Margaret C. Wang, Executive Director Contact: Dr. Cynthia Smith, Director of Information Services Temple University 9th Floor Ritter Annex 1301 Cecil B. Moore Avenue Philadelphia, PA 19122-6091 (215) 204-3000 (800) 892-5550 Fax: (215) 204-5130 http://www.temple.edu/LSS E-mail: Iss@vm.temple.edu Parent Resource Centers help families get involved in their children's learning, While information and assis- tance may be provided to any parent, the centers target areas with high concentrations of low-income, minority, and limited-English-proficient parents. 56 CONNECTIONS serving New York Ms. Patricia Edwards, Director P.O. Box 545 Geneseo, NY 14454 (716) 245-5681 Prevent Child Abuse serving New Jersey Ms. Sharon Copeland, Executive Director Contact: Ms. Dina Lennen, Project Director Suite 300 35 Halsey Street Newark, NJ 07102-3031 Phone: (973) 643-3710, (800) CHILDREN Toll Free Restrictions: NJ residents only Fax: (973) 643-9222 AL 5 7 Regional Resource Centers for Special Education provide technical assistance in the form of consultation, training, and information on special education and related services for individuals with disabilities and their families. Northeast Regional Resource Center also serving New Jersey Trinity College of Vermont McAuley Hall, 208 Colchestser Avenue Burlington, Phone: VT (802) 05401-1496 658-5036 Fax: (802) 658-7435 E-Mail: NERRC@aol.com South Atlantic Regional Resource Center serving. Puerto Rico and the Virgin Islands Mr. Tim Kelly, Director Ms. Isa Polansky-Joseph, Program Coordinator/Information Services Florida Atlantic University 1236 North University Drive Plantation, FL 33322 Phone: (954) 473-6106 TTY: (954) 424-4309 Fax: (954) 473-6106 http://www.fau.edu/divdept/sarrc/sarrc.htm E-mail: sarrc@acc.fau.edu The Northeast Regional Resource Center serving New York and New Jersey Dr. Edward R. Wilkens, Director Institute for Program Development Trinity College of Vermont 208 Colchester Avenue Burlington, VT 05450 Phone: (802) 658-5036 TTY: (802)860-1428 Fax: (802) 658-7435 http://interact.uoregon.edu/wrrc/nerrc/index.htm E-mail: nerrc@aol.com .e 57 The National Clearinghouse for Bilingual Education is a Federally funded program offered through the George Washington University, Graduate School of Education and Human Development. NCBE collects, analyzes, and disseminates information related to the effective educa- tion of linguistically and culturally diverse learners in the United States. The National Clearinghouse for Bilingual Education Dr. Joel Gomez, Director The George Washington University 1118 22nd Street NW Washington, DC 20037 Phone: (800) 321-NCBE Fax: (800) 531-9347, (202) 467-4830 http://www.ncbe.gwu.edu Title VII, Civil Rights Act Resource: EEOC Home Page: http://www.eeoc.gov/ L 58 5 9 References 1 163 U.S. 537 (1896). 2 347 U.S. 483 (1954). 3 414 U.S. 563 (1974). 4 The court that orders a desegregation plan may be a court of the United States, a State court, or another State agency or official of competent jurisdiction that requires school desegregation. 5 "Injunctive relief' is a court order that requires a party to act or desist from acting in a particular manner. 6 New Jersey law does not recognize these Federally defined "contact sports." NJAC 6:4. 7 An "agent" as used in this context is a person who acts as the representative of another. In schools, for example, agents may be people who come to substitute teach or to teach or lead special programs. 8 "Quid pro quo" is a Latin phrase meaning "this for that." 9 Gebser v. Lago Vista Ind. School District, 96-1866. 60 59 U.S. Department of Education Office of Educational Research and Improvement (OERI) National Library of Education (NLE) Educational Resources Information Center (ERIC) NOTICE REPRODUCTION BASIS ERIC This document is covered by a signed "Reproduction Release (Blanket) form (on file within the ERIC system), encompassing all or classes of documents from its source organization and, therefore, does not require a "Specific Document" Release form. This document is Federally-funded, or carries its own permission to reproduce, or is otherwise in the public domain and, therefore, may be reproduced by ERIC without a signed Reproduction Release form (either "Specific Document" or "Blanket"). EFF-089 (9/97)