CIVIL RIGHTS IN PUBLIC CIVIL RIGHTS IN PUBLIC SCHOOLSSCHOOLS

Presented by:Presented by:

Gloria Williams, Staff AttorneyGloria Williams, Staff Attorney

Tennessee Department of EducationTennessee Department of Education

Which Civil Rights Statutes Apply to Local Which Civil Rights Statutes Apply to Local Education Agencies?Education Agencies?

Title VI of the Civil Rights Act of 1964Title VI of the Civil Rights Act of 1964 Title IX of the Education Amendments of Title IX of the Education Amendments of

19731973 §504 of the Rehabilitation Act of 1973§504 of the Rehabilitation Act of 1973 The Age Discrimination Act of 1975The Age Discrimination Act of 1975 Title II of the Americans with Disabilities Title II of the Americans with Disabilities

Act of 1990Act of 1990

OverviewOverview

State/Federal Obligations State/Federal Obligations

Enforced by TOCREnforced by TOCR

TITLE VI OF THE CIVIL RIGHTS TITLE VI OF THE CIVIL RIGHTS ACT OF 1964,ACT OF 1964,

42 USC §2000d 42 USC §2000d

No person in the United States shall, on the No person in the United States shall, on the ground of race, color, or national origin, be ground of race, color, or national origin, be

excluded from participation in, be denied the excluded from participation in, be denied the benefits of, or be subjected to discrimination benefits of, or be subjected to discrimination

under any program or activity receiving Federal under any program or activity receiving Federal financial assistance.financial assistance.

Title VI requires acts of intentional Title VI requires acts of intentional discrimination against a Title VI discrimination against a Title VI

covered class.covered class.

In the landmark case Regents of the In the landmark case Regents of the University of California v. Bakke the University of California v. Bakke the

Court stated “in view of the clear Court stated “in view of the clear legislative intent, Title VI must be held legislative intent, Title VI must be held to proscribe only those…classifications to proscribe only those…classifications that would violate the Equal Protection that would violate the Equal Protection

Clause or the Fifth Amendment." Clause or the Fifth Amendment."

The Equal Protection Clause of the V and The Equal Protection Clause of the V and XIV Amendment prohibit intentional XIV Amendment prohibit intentional

discrimination against a “discrete and discrimination against a “discrete and insular minorityinsular minority

Discrete and insular minorities are generally those who when a Discrete and insular minorities are generally those who when a classification is made based on their minority status a suspicion of classification is made based on their minority status a suspicion of discrimination exists.discrimination exists.

The US Supreme Court has held that: The US Supreme Court has held that:

““Traditional indicia of suspectness occurs where the class is subjected Traditional indicia of suspectness occurs where the class is subjected to such a history of purposeful unequal treatment, or relegated to such to such a history of purposeful unequal treatment, or relegated to such a position of political powerlessness as to command extraordinary a position of political powerlessness as to command extraordinary protection from the protection from the majoritarian political process.”majoritarian political process.”

Examples of discrete and Examples of discrete and insular minorities under Title VIinsular minorities under Title VI

Persons of Descent or Origin from one of the several African Persons of Descent or Origin from one of the several African nations;nations;

Persons of Descent or Origin from Mexico, or other Latin or Persons of Descent or Origin from Mexico, or other Latin or Hispanic nations;Hispanic nations;

Persons of Descent or Origin from Japan, China, Korea or other Persons of Descent or Origin from Japan, China, Korea or other country or nation of Asia;country or nation of Asia;

Person classified as Pilipino, Vietnamese, Indian, or other Person classified as Pilipino, Vietnamese, Indian, or other Southeast Asian descent or origin;Southeast Asian descent or origin;

Persons classified as Iraqi, Kurdish, Iranian, or another race Persons classified as Iraqi, Kurdish, Iranian, or another race descending from one of the Arab nations;descending from one of the Arab nations;

Native or Indigenous Americans;Native or Indigenous Americans; Jews have been declared a discrete and insular minority for Jews have been declared a discrete and insular minority for

purposes of Title VI;purposes of Title VI;

And any other group who has historically suffered And any other group who has historically suffered discriminatory practices due discriminatory practices due to their race, color, or national to their race, color, or national origin.origin.

How to establish whether a How to establish whether a violation of Title VI has violation of Title VI has

occurredoccurred Has the Complainant established that he/she is a Has the Complainant established that he/she is a

member of the protected class of persons under member of the protected class of persons under Title VI?Title VI?

Has the Complainant alleged that differential Has the Complainant alleged that differential treatment occurred because of his race, national treatment occurred because of his race, national origin, or color?origin, or color?

Was the Complainant otherwise qualified and Was the Complainant otherwise qualified and eligible?eligible?

RebuttalRebuttal Can Recipient articulate a legitimate Can Recipient articulate a legitimate

nondiscriminatory reason for the challenged action?nondiscriminatory reason for the challenged action? If so was the reason pre-textual?If so was the reason pre-textual?

Pre-textual: When the reason for the action Pre-textual: When the reason for the action does not relate to the goal of the does not relate to the goal of the

program or activityprogram or activity Was there a more narrow way of accomplishing the Was there a more narrow way of accomplishing the

goal without violating the rights of the goal without violating the rights of the Complainant?Complainant? Applies only to disparate impact questions and not Applies only to disparate impact questions and not

treatmenttreatment

LEA’s have a duty to students, LEA’s have a duty to students, faculty or any other employee faculty or any other employee protected under Title VI to take protected under Title VI to take

action when a their civil rights have action when a their civil rights have been violated even if the offender is been violated even if the offender is

a studenta student

Failure to act when students behave in Failure to act when students behave in manners that violate the civil rights of manners that violate the civil rights of

other students, faculty or other other students, faculty or other employee of an LEA, could result in employee of an LEA, could result in

perceived complacency or support for perceived complacency or support for the discriminatory practice.the discriminatory practice.

Teacher resigns after wearing Teacher resigns after wearing blackface blackface

A high school teacher who wore blackface at a student-faculty basketball A high school teacher who wore blackface at a student-faculty basketball game resigned, stating "it was poor judgment and will never happen game resigned, stating "it was poor judgment and will never happen again”. Photographs from the High School game on March 25 showed the again”. Photographs from the High School game on March 25 showed the teacher wearing an exaggerated, Afro-style wig with brownish makeup teacher wearing an exaggerated, Afro-style wig with brownish makeup covering his face and arms. Another student was also pictured wearing covering his face and arms. Another student was also pictured wearing brown makeup on his face and arms.brown makeup on his face and arms. The teacher had previously been The teacher had previously been accused of making sexually inappropriate comments to female student.accused of making sexually inappropriate comments to female student.

Prior to the resignation, the school had offered to renew his contract for the Prior to the resignation, the school had offered to renew his contract for the fall, contingent upon his being suspended without pay and being barred fall, contingent upon his being suspended without pay and being barred from school property and events for the rest of the current academic year.from school property and events for the rest of the current academic year.

Title IX of the Education Title IX of the Education Amendments of 1973Amendments of 1973

No person in the United States No person in the United States shall, on the basis of sex, be shall, on the basis of sex, be

excluded from participation in, be excluded from participation in, be denied the benefits of, or be denied the benefits of, or be

subjected to discrimination under subjected to discrimination under any education program or activity any education program or activity

receiving Federal financial receiving Federal financial assistanceassistance

Establishing a Violation of Establishing a Violation of Title IXTitle IX

1.1. A complainant must show s/he was “subjected to A complainant must show s/he was “subjected to quid pro quoquid pro quo (something for something) sexual harassment or a sexually (something for something) sexual harassment or a sexually hostile environment;hostile environment;

2.2. That s/he provided notice of the harassment or environment to That s/he provided notice of the harassment or environment to an appropriate person who was at minimum an official of the an appropriate person who was at minimum an official of the educational entity with authority to take corrective action or put educational entity with authority to take corrective action or put an end to the discrimination;an end to the discrimination;

What this means is that you must notify someone within the LEA who has What this means is that you must notify someone within the LEA who has the power to end the discrimination before an investigation can be the power to end the discrimination before an investigation can be commenced with this officecommenced with this office

This is very different than Title VI of the CRAThis is very different than Title VI of the CRA

3.3. And the [LEA] response to the harassment amounted to And the [LEA] response to the harassment amounted to deliberate indifference. deliberate indifference. Gebser v. Lago Vista Indep. School Gebser v. Lago Vista Indep. School District, 524 US 274, 289-91 (1998). District, 524 US 274, 289-91 (1998).

An official decision by the recipient not to remedy the violation. An official decision by the recipient not to remedy the violation. The LEA Response is what is important here. If a Principal is informed of The LEA Response is what is important here. If a Principal is informed of

harassment and deliberately does nothing, or what is done is insufficient to harassment and deliberately does nothing, or what is done is insufficient to end the harassment, then that has established the notification end the harassment, then that has established the notification requirement. Our office will evaluate what the LEA does once it is informed requirement. Our office will evaluate what the LEA does once it is informed of the harassment to determine the Deliberate Indifference standard.of the harassment to determine the Deliberate Indifference standard.

ExceptionException::The Proportionality TestThe Proportionality Test

LEA’s are not required to grant LEA’s are not required to grant preferential or disparate treatment to preferential or disparate treatment to the members of one gender on account the members of one gender on account of a gender imbalance that exists in the of a gender imbalance that exists in the federally funded program or activity, federally funded program or activity, unless the amount of that gender in the unless the amount of that gender in the program or activity is disproportional to program or activity is disproportional to the amount of that gender in the the amount of that gender in the community, or within the school as community, or within the school as applicable.applicable.

AthleticsAthletics Title IX does not limit a school’s ability to Title IX does not limit a school’s ability to

maintain separate sports for women and menmaintain separate sports for women and men However, it does require equal treatment, financial However, it does require equal treatment, financial

support, and facilities for the male and female support, and facilities for the male and female teamsteams

If there is a sport that has traditionally been If there is a sport that has traditionally been limited to male students and there is no limited to male students and there is no female team of the same sport then schools female team of the same sport then schools are required to allow the female students to are required to allow the female students to try-out except as to contact sports. try-out except as to contact sports. However, if a school allows a female student to participate in a male However, if a school allows a female student to participate in a male

contact sport the school may not discriminate against her once on contact sport the school may not discriminate against her once on the team. the team. Mercer v. Duke UniversityMercer v. Duke University

Hypothetical ScenarioHypothetical ScenarioAnnie and Barbie, both female cheerleaders, went into the stands to lead a Annie and Barbie, both female cheerleaders, went into the stands to lead a wave. Annie is the cheer captain. As they finish and begin to return to the wave. Annie is the cheer captain. As they finish and begin to return to the sidelines, Annie lifts up her own skirt and with her other hand she lifts the skirt of sidelines, Annie lifts up her own skirt and with her other hand she lifts the skirt of Barbie so as to show her briefs to the young men sitting their in the crowd. The Barbie so as to show her briefs to the young men sitting their in the crowd. The young men hoot and holler and Barbie is embarrassed. The Monday following young men hoot and holler and Barbie is embarrassed. The Monday following the football game Barbie reports the incident to the cheerleading sponsor and the football game Barbie reports the incident to the cheerleading sponsor and she tells her she’ll take care of it. The next game, Annie, does not select Barbie she tells her she’ll take care of it. The next game, Annie, does not select Barbie to go up into the stands. Barbie observes Cookie go into the stands to lead the to go up into the stands. Barbie observes Cookie go into the stands to lead the wave along with Annie. As they leave the stands Barbie observes Annie lift her wave along with Annie. As they leave the stands Barbie observes Annie lift her own skirt and Cookie’s skirt in the same manner which she had done to her the own skirt and Cookie’s skirt in the same manner which she had done to her the week before. The very next week Barbie observes Annie enter the stands with week before. The very next week Barbie observes Annie enter the stands with Dora and she lifts the skirt of Dora as well. Barbie approaches the cheerleading Dora and she lifts the skirt of Dora as well. Barbie approaches the cheerleading sponsor again and informs her of what she saw. She also inquires as to why she sponsor again and informs her of what she saw. She also inquires as to why she is no longer being picked to enter the stands. The coach informed Barbie that is no longer being picked to enter the stands. The coach informed Barbie that she should speak with Annie regarding why she is no longer being picked to she should speak with Annie regarding why she is no longer being picked to enter the stands. So Barbie approaches Annie about this issue and Annie enter the stands. So Barbie approaches Annie about this issue and Annie informs her that she hasn’t been picked because she is a little sensitive and informs her that she hasn’t been picked because she is a little sensitive and complains to the sponsor too much. Barbie was very upset. She informed her complains to the sponsor too much. Barbie was very upset. She informed her parents and they filed a grievance with the principal. The parents of Barbie parents and they filed a grievance with the principal. The parents of Barbie continuously called the school and they were told that the school was taking continuously called the school and they were told that the school was taking care of it. Ultimately, the season ended and it was time for cheer tryouts. care of it. Ultimately, the season ended and it was time for cheer tryouts. Barbie tried out again for the cheer team and she wasn’t selected. Annie, Barbie tried out again for the cheer team and she wasn’t selected. Annie, Cookie, and Dora all were selected again. Barbie was informed by the cheer Cookie, and Dora all were selected again. Barbie was informed by the cheer sponsor she was not selected because she wasn’t a good fit for the team. sponsor she was not selected because she wasn’t a good fit for the team. Barbie’s parent contacts the Director of Schools and he states that he is well Barbie’s parent contacts the Director of Schools and he states that he is well aware of the incident and says that schools cannot supervise the students at all aware of the incident and says that schools cannot supervise the students at all times of day. He also informs them that he will not require the cheer team to times of day. He also informs them that he will not require the cheer team to accept a student that they did not feel was good for the team. However, he did accept a student that they did not feel was good for the team. However, he did state that he would admonish Annie to no longer lift the skirts of the girls as they state that he would admonish Annie to no longer lift the skirts of the girls as they pass the boys. The parents file a complaint with the TOCR. Has the LEA violated pass the boys. The parents file a complaint with the TOCR. Has the LEA violated Title IX?Title IX?

LEA’s can be held responsible LEA’s can be held responsible for peer to peer harassment for peer to peer harassment

including including same-sex harassmentsame-sex harassment

Remember:Remember: Just because your LEA Just because your LEA may not be liable under may not be liable under Title VI or IX that does Title VI or IX that does not mean your LEA may not mean your LEA may

not be liable under other not be liable under other State and Federal LawsState and Federal Laws

Statutes applicable but Statutes applicable but not enforced against LEAs not enforced against LEAs

by TOCRby TOCR

The Age Discrimination Act, The Age Discrimination Act, Title II of the Americans with Title II of the Americans with Disabilities Act and §504 of Disabilities Act and §504 of

the Rehabilitation Actthe Rehabilitation Act

Age Discrimination Act of Age Discrimination Act of 1975, 42 U.S.C. §§6101-61031975, 42 U.S.C. §§6101-6103

Prohibits age discrimination in the Prohibits age discrimination in the provision of services by federally provision of services by federally

funded programs, funded programs, NOTNOT the the employment practices of such employment practices of such

programsprograms

Exception:Exception: Regulations enforcing the Age Discrimination Regulations enforcing the Age Discrimination

Act do not apply to:Act do not apply to: An age distinction contained in that part of a An age distinction contained in that part of a

Federal, State, or local statute or ordinance Federal, State, or local statute or ordinance adopted by an elected, general purpose adopted by an elected, general purpose legislative body that: legislative body that:

(i) Provides any benefits or assistance to persons based on (i) Provides any benefits or assistance to persons based on age; age;

(ii) Establishes criteria for participation in age-related terms; (ii) Establishes criteria for participation in age-related terms; or or

(iii) Describes intended beneficiaries or target groups in (iii) Describes intended beneficiaries or target groups in age-related terms; age-related terms;

OROR

Employment PracticesEmployment Practices

Unlawful Discrimination in Unlawful Discrimination in Employment Practices,Employment Practices,

based on Age, is governed by based on Age, is governed by the the

Age Discrimination in Age Discrimination in Employment ActEmployment Act

TOCR does not enforce the Age TOCR does not enforce the Age Discrimination Act as against Discrimination Act as against

LEA’s LEA’s other than State Schoolsother than State Schools

TOCR will conduct a preliminary evaluation of any TOCR will conduct a preliminary evaluation of any complaints received by the office and will forward complaints received by the office and will forward all documents that fall under the definition of all documents that fall under the definition of complaint established by the TOCR CRIM.complaint established by the TOCR CRIM.

All correspondence that is received that does not All correspondence that is received that does not fall under the definition of complaint established fall under the definition of complaint established by the TOCR CRIM shall be returned to the by the TOCR CRIM shall be returned to the complainant along with contact information for complainant along with contact information for USOCR and explanation that they should file their USOCR and explanation that they should file their complaint with that office.complaint with that office.

LEA Requirements under Age LEA Requirements under Age Discrimination ActDiscrimination Act

LEAs are required by Federal Law to have LEAs are required by Federal Law to have an Age Discrimination Act Coordinator;an Age Discrimination Act Coordinator;

To have grievance procedures;To have grievance procedures; And to provide notice to beneficiaries And to provide notice to beneficiaries

(students/parents) of their rights under the (students/parents) of their rights under the Age Discrimination Act. Age Discrimination Act.

LEA Board Attorneys and/or of Counsel LEA Board Attorneys and/or of Counsel should consult 34 C.F.R 110 for further should consult 34 C.F.R 110 for further information on statutory requirements. information on statutory requirements. Please also feel free to contact TOCR for Please also feel free to contact TOCR for technical support with the Age Disc. Act.technical support with the Age Disc. Act.

Age Discrimination Act Age Discrimination Act requirements as against State requirements as against State

SchoolsSchools State schools shall be obligated to implement the Age State schools shall be obligated to implement the Age Discrimination Act compliance policy and/ or implementation plan Discrimination Act compliance policy and/ or implementation plan established by TOCR for the Department of Education, unless the established by TOCR for the Department of Education, unless the schools implement their own policies.schools implement their own policies.

Age Discrimination Act Policies and/or implementation plans Age Discrimination Act Policies and/or implementation plans established by State Schools must be annually submitted to the established by State Schools must be annually submitted to the TOCR for review.TOCR for review.

Once reviewed TOCR will issue a letter of satisfaction to the State Once reviewed TOCR will issue a letter of satisfaction to the State Schools if the policies and/or implementations plans are deemed Schools if the policies and/or implementations plans are deemed satisfactory.satisfactory.

If a plan or policy is deemed unsatisfactory, the State school shall If a plan or policy is deemed unsatisfactory, the State school shall be subject to the policy and/or implementation plan of the be subject to the policy and/or implementation plan of the Tennessee Department of Education and its requirements for the Tennessee Department of Education and its requirements for the given year. Upon completion of the year the State school will have given year. Upon completion of the year the State school will have an opportunity to re-submit a policy and/or implementation plan an opportunity to re-submit a policy and/or implementation plan for the new school year.for the new school year.

Title II of the Americans with Title II of the Americans with Disabilities Act and Disabilities Act and §504 of the §504 of the

Rehabilitation Act of 1973Rehabilitation Act of 1973

Title II:Title II:

Prohibits a “public entity” from discriminating against a qualified Prohibits a “public entity” from discriminating against a qualified individual with a disability, or excluding such an individual from individual with a disability, or excluding such an individual from participation in, or denying the individual the benefits of any of the participation in, or denying the individual the benefits of any of the entity's services, programs or activities.entity's services, programs or activities.

§504§504

No otherwise qualified individual with a disability in the United States, as No otherwise qualified individual with a disability in the United States, as defined in defined in section 705(20)section 705(20) of this title, shall, solely by reason of her or his of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal conducted by any Executive agency or by the United States Postal Service. Service.

What is the DifferenceWhat is the Difference

Title II applies to all State and Local Title II applies to all State and Local Government activitiesGovernment activities

§504 applies only to those entities in §504 applies only to those entities in receipt of federal fundsreceipt of federal funds

What constitutes a violationWhat constitutes a violation

One way a public entity may violate One way a public entity may violate is by discriminating in the provision is by discriminating in the provision of services, activities or programs as of services, activities or programs as opposed to a violation based on a opposed to a violation based on a failure to provide services. failure to provide services.

§504 differs in that the violation may §504 differs in that the violation may occur where there is a failure to occur where there is a failure to provide services for a child with a provide services for a child with a disability.disability.

LEA’s are subject to Title II and LEA’s are subject to Title II and are required to implement the are required to implement the regulations set at 28 CFR part regulations set at 28 CFR part

3535 LEA’s who in employ 50 or more LEA’s who in employ 50 or more

employees must have:employees must have: An ADA policy which is made available to all An ADA policy which is made available to all

employees;employees; A designated employee responsible for A designated employee responsible for

implementing an ADA policy; implementing an ADA policy; A Grievance Procedure which provides for A Grievance Procedure which provides for

prompt an equitable resolution of complaints prompt an equitable resolution of complaints alleging any action prohibited by the ADA; andalleging any action prohibited by the ADA; and

The LEA must conduct a self –evaluation as The LEA must conduct a self –evaluation as defined under part 35.105.defined under part 35.105.

LEA’s are subject to LEA’s are subject to §§504 and 504 and are required to implement the are required to implement the

regulations set at 34 C.F.R. regulations set at 34 C.F.R. Part 104Part 104

LEA’s who employ 15 or more employees must have:LEA’s who employ 15 or more employees must have: A 504 policy which is made available to all employees;A 504 policy which is made available to all employees; A designated employee responsible for implementing A designated employee responsible for implementing

the 504 policy; the 504 policy; A Grievance Procedure which provides for prompt an A Grievance Procedure which provides for prompt an

equitable resolution of complaints alleging any action equitable resolution of complaints alleging any action prohibited by 504; andprohibited by 504; and

The LEA must conduct a self –evaluation as defined The LEA must conduct a self –evaluation as defined under the regulationsunder the regulations

TOCR does not enforce Title II or TOCR does not enforce Title II or §§504 504

as against LEA’s other than State as against LEA’s other than State SchoolsSchools

TOCR will conduct a preliminary evaluation of TOCR will conduct a preliminary evaluation of any complaints received by the office and will any complaints received by the office and will forward all documents that fall under the forward all documents that fall under the definition of complaint established by the definition of complaint established by the TOCR CRIM.TOCR CRIM.

All correspondence that is received that does All correspondence that is received that does not fall under the definition of complaint not fall under the definition of complaint established by the TOCR CRIM shall be established by the TOCR CRIM shall be returned to the complainant along with returned to the complainant along with contact information for USOCR and contact information for USOCR and explanation that they should file their explanation that they should file their complaint with that office.complaint with that office.

Title II and Title II and §§504 requirements 504 requirements as against State Schoolsas against State Schools

State schools shall be obligated to implement the ADA/ State schools shall be obligated to implement the ADA/ §§504 compliance 504 compliance policy and/ or implementation plan established by TOCR for the policy and/ or implementation plan established by TOCR for the Department of Education, unless the schools implement their own policies.Department of Education, unless the schools implement their own policies.

ADA/ ADA/ §§504 Policies and/or implementation plans established by State 504 Policies and/or implementation plans established by State Schools must be annually submitted to the TOCR for review.Schools must be annually submitted to the TOCR for review.

Once reviewed TOCR will issue a letter of satisfaction to the State Schools Once reviewed TOCR will issue a letter of satisfaction to the State Schools if the policies and/or implementations plans are deemed satisfactory.if the policies and/or implementations plans are deemed satisfactory.

If a plan or policy is deemed unsatisfactory, the State school shall be If a plan or policy is deemed unsatisfactory, the State school shall be subject to the policy and/or implementation plan of the Tennessee subject to the policy and/or implementation plan of the Tennessee Department of Education and its requirements for the given year. Upon Department of Education and its requirements for the given year. Upon completion of the year the State school will have an opportunity to re-completion of the year the State school will have an opportunity to re-submit a policy and/or implementation plan for the new school year.submit a policy and/or implementation plan for the new school year.

State Schools Include:State Schools Include: Alvin C. York Agricultural Institute Tennessee School for the DeafTennessee School for the Deaf Tennessee School for the BlindTennessee School for the Blind West Tennessee School for the DeafWest Tennessee School for the Deaf

TOCR Investigation TOCR Investigation ProcessProcess

Is governed by the Is governed by the TOCR Case TOCR Case

Investigation and Investigation and Resolution ManualResolution Manual

Highlights of CRIMHighlights of CRIM

Legal EvaluationLegal Evaluation InvestigationInvestigation Investigative DeterminationsInvestigative Determinations Letter of FindingsLetter of Findings Request for ReviewRequest for Review Post-Investigation Corrective Action Post-Investigation Corrective Action

PlanPlan Monitor Post-Investigation Corrective Monitor Post-Investigation Corrective

Action PlanAction Plan

Protect the LEA from a Protect the LEA from a finding of discrimination by finding of discrimination by

TOCRTOCR Conduct a full investigation into the allegationsConduct a full investigation into the allegations

Make sure you interview the Complainant and his/her parent(s) outside of Make sure you interview the Complainant and his/her parent(s) outside of the presence of the person who they alleged to behaved discriminatorily.the presence of the person who they alleged to behaved discriminatorily.

Make sure all interviews with the complainant and any witnesses are Make sure all interviews with the complainant and any witnesses are documented either by use of an audio or video recording machine, the documented either by use of an audio or video recording machine, the presence of a typist who is required to take notes, or by any other method presence of a typist who is required to take notes, or by any other method in which a clear record can be established.in which a clear record can be established.

Take congruent and proportional action against the Take congruent and proportional action against the party who violated the rights if a finding is made that party who violated the rights if a finding is made that they had in fact behaved in an unlawful manner.they had in fact behaved in an unlawful manner.

Make sure you not only take action that is congruent and proportional to Make sure you not only take action that is congruent and proportional to the offense, but also implement some type of policy to prevent the act in the offense, but also implement some type of policy to prevent the act in the future. the future.

Additionally, if the act was committed in the presence of other students you Additionally, if the act was committed in the presence of other students you should take some action that explains to the students that such behavior is should take some action that explains to the students that such behavior is inappropriate and will not be tolerated by the staff or students.inappropriate and will not be tolerated by the staff or students.

Remember it is best to Remember it is best to acknowledge there was a acknowledge there was a problem and provide an problem and provide an explanation of the action explanation of the action taken by the LEA to cure.taken by the LEA to cure.