Methods of Administration (MOA) Compliance Review

Methods of Administration (MOA)Compliance Review

Office of Student Success

Michael Tinsley, Assistant Vice Chancellor, Student Success

Welcome and Introductions

Webinar Resources

1. The MOA Procedural Requirements

2. The Methods of Administration Checklist

3. The Interview Categories List

4. The Pre-Onsite Data Request

5. The Standards for Physical Accessibility Checklist

6. The Facilities Checklist and Arrow Chart

Objectives•To provide subrecipients with an understanding of the purpose and intent of the Methods of Administration (MOA) compliance review process.

•To provide subrecipients with guidance on how to prepare for the on-site Methods of Administration (MOA) compliance review.

•To provide subrecipients with a clear understanding of how the MOA process benefits Tennessee community & technical colleges and the students that we serve.

Encourages Diversity in CTE Programs for all Students

Increases Understanding of Diversity for CTE Faculty, Staff, Counselors and Administrators

Question: How Does MOA Align to Career and Technical Education?

A Laser Sharp Focus on Diversity and Inclusion for All Students

‒ Diverse learning environments help students sharpen their critical thinking and analytical skills.

‒ Prepare students to succeed in an increasingly diverse and interconnected world.

‒ Breakdowns stereotypes and reduces bias.

‒ Enables schools to fulfill their role in opening doors for all students.

SECTION 1: METHODS OF ADMINISTRATION (MOA) COMPLIANCE REVIEW

OVERVIEW AND PURPOSE

COMMON QUESTIONS

• What is MOA?

• How were we selected?

• What is the nature of the review?

• How does MOA relate to career and technical education?

Methods of Administration (MOA) Annual Local Level Review

An annual local level compliance review process is implemented through federal civil rights authority to ensure compliance with civil rights laws and identify potential areas of non-compliance in LEAs which offer CTE programs and receive federal funding.

The primary focus is students enrolled in career and technical education programs/programs of study in community and technical colleges.

Methods of Administration (MOA) Annual Local Level Review

Tennessee is not unique…The Methods of Administration (MOA) is a national level compliance review program, all 68 State Agencies within the United States are required to conduct annual compliance reviews based on their subrecipient population (e.g., high school districts, vocational-technical school district, community colleges and state agencies) enrolled in CTE programs.

Methods of Administration (MOA)State Responsibilities

State ResponsibilitiesAdoption of a compliance program to prevent, identify and remedy potential non-compliance with federal laws on the basis of race, color, national origin, sex and disability.

•Collect and analyze data•Conduct the MOA On-Site Compliance Review•Provide Ongoing technical assistance. •Periodically report activities and findings USDE/OCR.

Source: Title 45: Public Welfare -Federal Register: Volume 44, No. 56

Methods of Administration (MOA)Subrecipient Universe

How is a subrecipient selected for the Methods of Administration (MOA) compliance review?

Methods of Administration (MOA)Subrecipient Selection

Selection is NOT based on what is published in the community newspaper, a complaint or hearsay. A

subrecipient is selected by ranking criteria approved by the United States Department of Education, Office for Civil

Rights (OCR).

▪ Subrecipient– a career and technical education facility that receives federal financial assistance through a State agency.

▪ Note: Subrecipients which have approved CTE programs/programs of study who receive any type of federal funding are included.

▪ Note: Subrecipients which do not have Perkins allocations are also included if they have an approved CTE program/program of study.

Methods of Administration (MOA)Subrecipient Selection Criteria

Methods of Administration (MOA)Subrecipient Selection Criteria

1. Multiple measures are used to address under/over

representation in CTE programs analyzing the following:❖ Time Since Last MOA Review/No Visit

❖ Average Age of Facilities and Renovations

❖ Student Enrollment Data by Sex and Race

❖ Annual Report of Discrimination Complaints

2. Ranking point value assigned based on the measures.

3. Ranking point values are scored and compared.

Methods of Administration (MOA)Postsecondary Criteria

Multiple measures are analyzed and scored to determine over/under

representation of student subgroups

Student Enrollment DataGender & Race/Ethnicity

Annual Report of Discrimination Complaints

Time Since last MOAcompliance review

Average Age of Facilities and Renovations

(*Difference* No Calculation for LEP or Disability Due to Self-Disclosure

Protections)

[CTE Data, College Enrollment Data]

US Department of Justice – Civil Rights Division

Methods of Administration (MOA) 2018-2020 TN Targeting Plan

13 Community Colleges 27 Technical Colleges

Representative SampleTennessee (4 site visits)2 Community Colleges2 Technical Colleges

Discussion Point

Section 2:METHODS OF ADMINISTRATION (MOA) COMPLIANCE REVIEW

HISTORICAL BACKGROUND, AND SIGNIFICANCE

• Historical Background and SignificanceLandmark Lawsuit – Kenneth ADAMS et al., Plaintiffs v. Joseph A. CALIFANO, Jr., Secretary of the Department of Health, Education, and Welfare, et al., Defendants - HEW (USDE) was sued by the NAACP for funding state agencies that administered programs, including CTE (vocational) programs, in a discriminatory, segregational manner. The failure to enforce Title VI, lead to the issuance of the Guidelines and requirements to conduct the MOA civil rights compliance program for subrecipients with CTE programs/programs of study.▪ (Adams v. Richardson 1972,1973)▪ (Adams v. Califano 1977)

Landmark Timelines and Context (1973-1978)

The Office for Civil Rights compliance reviews revealed:

1. Eligibility requirements such as residence within a geographic area and

admissions tests were used to deny students vocational education

opportunities on the basis of race, color, national origin and disability status.

2. Students with disabilities were impermissibly assigned to separate annexes

or branches; they were also denied equal vocational education opportunities

as a result of inaccessible facilities and inadequate evaluation procedures.


The Office for Civil Rights compliance reviews revealed:

3. Vocational schools established for students of one race, national origin' or

sex continue as essentially segregated facilities:

4. National origin minorities with limited proficiency in English were denied

equal opportunity to participate in vocational programs;

5. Vocational education administrators often fail to adequately protect

against discrimination in the placement of students with employers; and

6. Faculty and staff were assigned to teach vocational programs on the

basis of race, national origin, sex and disability.



• 1976-1977- The Bureau of Occupational and Adult Education revealed that male and female students were concentrated in programs traditionally identified as intended for them.



Direct Impact on Career and Technical Education

The US Department of Education was directed to enforce civil rights requirements in career and technical education (CTE) programs in 3 specific areas:

1. The enforcement of a national annual MOA compliance review program.

2. The conduction of an enrollment and data survey.

3. Issuance of the Guidelines explaining the application of Title VI regulations to career and technical (vocational) education.


The Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Disability in Vocational Educational Programs exist under 34 C.F.R. Part 100, Appendix B under the authority of Title VI and published in the Federal Register, as a final rule on March 21, 1979, Vol 44, No. 56.

1. They are issued as a result of injunctive orders entered by the United States District Court for the District of Columbia in Adams v. Califano.

2. They are also issued because the Department has found evidence of continuing unlawful discrimination in vocational education programs.

Discussion Point


APPLICABILITY OF CIVIL RIGHTS LAWS, REGULATIONS, AND GUIDELINES TO MOA PROGRAM”

Report to President- Protecting Civil Rights, Advancing Equity FY 14

*Please Note: Raw numbers do not add up to 19,939 because some complaints cover more than one statute.

Report to President- Protecting Civil Rights, Advancing Equity –

*Please Note: Raw numbers do not add up because some complaints cover more than one statute. The OCR report notes that 6,157 of the sex discrimination complaints are multiple complaints from an individual.

Let’s take a few moments to review the applicable civil rights laws, regulations and

Guidelines that impacts CTE.

• The importance of understanding the applicable civil rights laws, and regulatory guidelines is a key

component of the Methods of Administration (MOA) compliance review process.

4 Civil Rights Statutes and their Implementing Regulations Govern the MOA Process

34 C.F.R. Part 100 (USDE-Education-Implementation)Implementing Title VI of the Civil Rights Act of 1964 which prohibits discrimination on

the basis of race, color, or national origin in all programs or activities that receive

Federal financial assistance.

34 C.F.R. Part 106Implementing Title IX of the Educational Amendments Act of 1972, which prohibits

discrimination on the basis of sex in all education programs or activities that receive

Federal financial assistance.

34 C.F.R. Part 104

Implementing Section 504 of the Rehabilitation Act of 1973, which prohibits

discrimination on the basis of disability in all programs or activities that receive Federal

financial assistance.

28 C.F.R. Part 35 (USD-Justice-Implementation)Implementing Title II of the Americans with Disabilities Act of 1990, which prohibits

discrimination on the basis of disability by public entities.

Primarily Legislation

Title VI of the Civil Rights Act of 1964NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE THROUGH THE DEPARTMENT OF EDUCATION EFFECTUATION OF TITLE VI OF

THE CIVIL RIGHTS ACT OF 1964

Title 34 CFR Part 100

• Prohibits discrimination, exclusion from participation and the denial of benefits based on race, color, and national origin in all programs or activities receiving federal financial assistance.

‒ Key Issues: school segregation, denial of language services, access to equal education opportunity, racial harassment, equal opportunities for English learners, equal rights to public education regardless of immigration/citizenship status, discriminatory assignment to special education services, bullying and harassment, supporting racial diversity and retaliation.

Report to President- Protecting Civil Rights, Advancing Equity – FY16

Title IX of the EducationalAmendments Act of 1972

NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

34 CFR Part 106

• Prohibits discrimination based on sex (gender) in all educational programs or activities receiving federal financial assistance.

‒ Key Issues: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX.

Section 504 of the Rehabilitation Act of 1973NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

34 CFR Part 104

• Prohibits discrimination based on disability in programs, services and activities receiving federal financial assistance. All students with disabilities are covered by Section 504 regardless of their eligibility for special education and related services under the IDEA.

‒ Key issues: inequitable access to educational programs and facilities, denial of an education for students, and refusal to implement or inappropriate implementation of academic adjustments.

Title II of the Americans with Disabilities Act of 1990

NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES

28 CFR Part 35

• Prohibits discrimination in state and local government service – regardless of whether or not programs receive federal financial assistance. Public school students are covered by Title II regardless of their eligibility for special education and related services under the IDEA. (Not only for students)

– Key Issues: employment, public accommodations, harassment, auxiliary aids, auxiliary services (interpreters, note takers, assistive listening systems, taped text, audio recording) and telecommunications.

Vocational Educational Programs Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race,

Color, National Origin, Sex and DisabilityFederal Register, March 21, 1979, Vol 44, No. 56

• March 15, 1979 – Effective DateThe Guidelines are Appendix B under Title VI of the Civil Rights Act of 1964 explaining in detail the responsibilities of recipients of federal funds and that offer or administer career and technical education programs and programs of study. They derive from and provide guidance supplementary to Title VI of the Civil Rights Act of 1964 and the

implementing departmental regulation (34 CFR Part 100), Title IX of the Educational Amendments Act of 1972 and the implementing departmental regulation (34 CFR Part 106), and Section 504 of the Rehabilitation Act of 1973 and the implementing departmental regulation (34 CFR Part 104).

Strengthening Career and Technical Education for the 21st Century Act

Sec.216. Federal Laws Guaranteeing Civil Rights

• Perkins V, also requires adherence to applicable Federal laws prohibiting discrimination on the basis of race, color, national origin, sex, and disability in the programs, activities and services receiving federal funding.

Discussion Point

Section 4: METHODS OF ADMINISTRATION (MOA) COMPLIANCE REVIEW

THE EIGHT (8) REQUIRED SECTIONS

The state of Tennessee is required to issue Letters of Findings (LOFs) in the following eight (8) major areas.

1. Administrative Requirements2. Recruitment, Admissions, and Counseling 3. Services for Students with Disabilities4. Student Financial Assistance5. Work Study, Cooperative Programs, and Job Placement 6. Employment7. Accessibility; and8. Comparable Facilities

Refer to Checklist Handout

The Compliance Review ProcessEight (8) Required-Sections

ADMINISTRATIVE REQUIREMENTS

SECTION ONE: ADMINISTRATIVE REQUIREMENTS

• The compliance review will determine if the subrecipient has in place basic requirements to comply with Title VI, Title IX, Section 504 and the USDE Guidelines on Vocational Education Programs related to the enforcement of federal civil rights legislation.

•Refer to Checklist: •Staff designations (Title IX and Section 504 Coordinator)

•Posted notifications and other publications

– Orientations (Staff/students)

– Grievance procedures

– Board minutes – Websites

•Note: Title IX and Section 504 designees should be reported in OCR’s Civil Rights Data System https://ocrdata.ed.gov/DistrictSchoolSearch

ADMINISTRATIVE REQUIREMENTS

RECRUITMENT, ADMISSIONS, AND COUNSELING

SECTION TWO: RECRUITMENT, ADMISSIONS, AND COUNSELING

•The compliance review will determine if the subrecipient has in place requirements to comply with the Guidelinesand OCR regulations related to recruitment, equitable admission/access procedures and counseling of CTE students.

•Refer to Checklist: –Course catalog and brochures are representative all races, genders and students with disabilities. –Description and list of recruitment activities

–Recruitment brochures – Recruiting teams–Review Demographic Data –Review admissions criteria–Admissions applications–Review program enrollment–Review counseling materials – Websites

RECRUITMENT, ADMISSIONS, AND COUNSELING

SERVICES FOR STUDENTS WITH DISABILITIES

SECTION THREE: SERVICES FOR STUDENTS WITH DISABILITIES

• The compliance review will determine if the subrecipient has in place requirements to comply with the Guidelines and OCR regulations for students with disabilities.

•Refer to Checklist:

–Policies and procedures ensuring access for students with

disabilities

–Board policy

–Criteria for admission

–Availability of aids and services

–Career and college counseling materials

–List of accommodations

SERVICES FOR STUDENTS WITH DISABILITIES

STUDENT FINANCIAL ASSISTANCE

SECTION FOUR: STUDENT FINANCIAL ASSISTANCE

• The compliance review will determine if the subrecipient has in place requirements to comply with the Guidelines and OCR regulations related to student financial assistance.

•Examples of Scholarships: 1. The Foundation at XYZ County Community College awards

scholarships twice a year- for the fall and the spring semesters. Last year the Foundation awarded over $130,000 in scholarships ranging from $250 to $2,000. Those scholarships include general scholarships and scholarships specifically for students in the Liberal Arts, Business, Math, Engineering, Science, Technology, and Nursing Programs.

2. Seniors graduating from a XYZ County Technical High School planning to major in the agricultural field are encouraged to apply for this $500 award. (e.g., dairy science, veterinary science, ag mechanics/engineering or horticulture.


•Refer to Checklist:

– List of scholarship available to all students

– Total list of financial aid awarded

– Materials written for LEP students and

families in their native language

– Website provides open access to all students

to apply for financial awards and scholarships.


WORK STUDY, COOPERATIVE EDUCATION, AND JOB PLACEMENT

SECTION FIVE: WORK STUDY, COOPERATIVE EDUCATION, AND JOB PLACEMENT

• The compliance review will determine if the subrecipient has in place requirements to comply with the Guidelines and OCR regulations related to opportunities in cooperative education, work study, apprenticeships and job placement programs.

•Refer to Checklist: –Listings of student participation (e.g., work study, cooperative education and job placement programs)–Comparison of male and female students in work-based programs–Number of students with disabilities in work-based programs–Number of minority students in work-based programs–Placement and follow-up data–Workplace employer agreements

WORK STUDY, COOPERATIVE EDUCATION, AND JOB PLACEMENT

EMPLOYMENTSECTION SIX: EMPLOYMENT

• The compliance review will determine if the subrecipient has in place requirements to comply with Guidelines and OCR regulations related to employment practices for CTE faculty and related staff.

•Refer to Checklist: –Employment grievance procedures and policies–Employee Handbook

–Advertising and hiring policies and procedures

–Faculty, professional and non-professional salary scales

–Job announcements

–Website

EMPLOYMENT

SECTION SEVEN: ACCESSIBILITY

• The compliance review will determine if the

subrecipient has in place requirements to comply with Guidelines and OCR regulations related to Section 504/Title II/ADA accessibility requirements and standards.

ADA (28 CFR 35.151

ACCESSIBLITY

• Example: A postsecondary institution may need to renovate a certain area in their building in order for students with mobility impairments and with wheelchairs to have access to an auditorium, or an emergency evacuation drill route comparable to other students.

ACCESSIBLITY

Refer to Facilities Checklist and the Physical Facilities Accessibility Checklist:

• Entrance/Exit• Classrooms/Labs• Hallways• Water Fountains• Restroom• Egress• Desk Height• Auditoriums, gyms, locker rooms• Signage – International Symbol of Accessibility• Proximity of classroom, shops and laboratories• Common Use Areas – cafeteria, parking lots

• “All building locations in which CTE programs/programs of study and required courses are offered, as well as common use areas, will be assessed.”

ACCESSIBLITY

COMPARABLE FACILITIES

• Section Eight: Comparable Facilities – The compliance review will determine if the subrecipient has in place requirements to comply with the Guidelines, and Title IX legislation related to comparable or equal facilities related to sex.

• Example: Lockers rooms, restrooms and shower

rooms provided for students of one sex should be

comparable to facilities provided to the students of

the other sex.

COMPARABLE FACILITIES

Discussion Point


Considerations for Planning the On-Site MOA Compliance Review

THE ONSITE REVIEW PROCESS Brief Entrance Meeting

1. Brief Entrance Meeting – An introductory meeting will occur between the MOA Team and the Subrecipient Team. (e.g. administrative and designated staff)– Refer to Procedural Requirements Handout

Pre-Onsite Documentation

• The Pre-onsite Documentation Request -

4-weeks prior to the review submit the following:

• Admissions policy and criteria for enrollment in CTE Programs/POS

• Policies for Students with Disabilities• Policies for English Learner (EL) Students• Grievance Procedures• Electronic Publications (e.g., student and employee

handbook, course catalog, and promotional materials)

Compliance Review Organization

Organization The Tennessee MOA Team will require a separate location to conduct the document review. (e.g., manual folders, electronic and Internet folder will be reviewed)

•To facilitate the review process provide documentation clearly labeled with the 8 required sections.

• To enable reviewer to access electronic and Internet documents – Provide a list of items and URLs which are located on the website.

• Provide Internet access with a user id and password.

The Physical Facilities Accessibility Review or Walkthrough

An extensive facilities review will be conducted in all buildings and locations in which CTE classes and required courses are conducted as well as the specific location/building of the course. Also common areas, such as auditoriums, parking lots, cafeterias, labs and gyms will be assessed for compliance.

THE EXIT INTERVIEW

An exit meeting will be conducted to discuss any potential findings and observations identified during the review including timelines.

DISCUSSION POINT

Section 6: The Methods of Administration (MOA) Compliance Review

THE INTERVIEW PROCESS


The interview process provides valuable opportunities for students, teachers, counselors, parents and administrators to share their understanding of the implementation of civil rights policies, challenges or successes within the climate and culture of the high school, vocational-technical school or college.

Three (3) Settings:

1. Individual/Confidential Setting: Administrative Staff, Perkins Director, SLE Coordinator, CTE Teachers and Students.

2. Group Setting: Counselors/College Advisors.

3. Open Setting: Student and Parent Volunteers.


In preparation for the interview the subrecipient should consider the following to maintain confidentiality and privacy: • Provide separate locations for each interview for staff and

students.• Provide a room large enough for group interviews with

counselors.• Student numbers or first names can be used instead of actual

student names.


Interview

Administrators Career & Technical Education Staff

Students

Section 504 Coordinator

Dean/VP A minimum of three (3) students which fall into one of the following categories Hispanic or Latino American, American Indian or Alaska Native, Black or African American, Asian, Native Hawaiian or other Pacific Islander

Title IX Coordinator Perkins/CTE Director A minimum of three (3) female students that are enrolled in, or have completed a nontraditional career and technical education course or program (e.g., STEM, Automotive).

AffirmativeAction/Compliance Officers

Guidance Counselors (interviewed in a group)

A minimum of three (3) male students that are enrolled in, or have completed a nontraditional career and technical education course or program (e.g., Child Development, Health Sciences).

Human Resources Director

SLE/Cooperative EducationCoordinator

A minimum of three (3) students with a disability that are enrolled in, or have completed a career and technical education course or work-based learning program.

Facilities/ Title II Director

EL Program Coordinator A minimum of three (3) EL students that are enrolled in, or that have completed a career and technical education course or program.

Disabilities Coordinator Parents

Compliance Review Schedule

• The subrecipient is required to provide a detailed schedule 3-weeks prior to the review which outlines the time, location and designated persons to be interviewed during the review.

• Refer to sample schedule/agenda template

DISCUSSION POINT

Section 7:The Methods of Administration (MOA) Compliance Review

THE PHYSICAL FACILITIES ACCESSIBILITY ASSESSMENT

.The subrecipient will be assess for compliance with Title II regulations and ADA standards through the following:

• Interview with the Title II Facilities Manager• Review of Physical Accessibility Checklist provided in

the pre-onsite documentation request• The Title II/ADA Physical Accessibility Walkthrough • Interviews with students with disabilities

The Accessibility Walkthrough

• Entrance/Exits• Elevator and Warning Signals• Lifts• Drinking Fountains• Classroom and Lab Areas• Common Locations – Assembly

rooms, gyms, locker rooms, shower rooms, libraries, cafeteria

• Restrooms• Parking• Curb Ramps• Signage• Ramps• Accessible Route of travel• Area of Rescue

The physical facilities accessibility walkthrough will include a review of facilities items such as:

Accessibility• Targets non-compliance related to 504/Title II/ADA

accessibility issues(physical structure of areas within buildings and grounds for a person with a disability, facilities, new construction), based on Program Access, ANSI, UFAS, 1991 ADA, 2010 ADA Standards.

ADA (28 CFR 35.151)

Program

Access

ANSI A117.1-1961

(R 1971)

UFAS

1991 ADA

Standards or

UFAS

1991 ADA Standards

or

UFAS or

2010 ADA Standards

2010 ADA

Standards

DISCUSSION POINT

Section 8: The Methods of Administration (MOA) Compliance Review

LETTERS OF FINDING (LOFs)

The State’s Role

Issuance of the Letter of Findings (LOFs):

The Letter of Findings provides the results of the onsite compliance review to determine whether or not there is evidence of a violation of the civil rights laws and regulations or the Guidelines in each of the 8 required sections.

NOT all letters of findings (LOFs) will present violations related to applicable civil rights laws, regulations, and Guidelines. However, the LOF will still be issued to the subrecipient detailing the applicable civil rights laws, regulations, and Guidelines for which the subrecipient has no evidence of a violation.

In reality, the majority of the letters of findings (LOFs) issued will show both areas in which there is or is not evidence of a violation with respect to the 8 required sections

The Issuance of the Letter of Findings-

A letter of finding will be issued with an analysis of the review in each of the 8 required elements of the MOA Compliance Process:

Section One: The Applicable Requirement, Regulatory Provision/Guideline Section and Accessibility StandardSection Two: The Summary of the Finding (s) and the Analysis

Section Three: The Required Action to Remedy the Finding (s)

.

Best Practices • Please Note: The letter of findings (LOFs) are submitted to the

USDE-OCR biennially. Please consider that preparation is not only for the NJDOE, but also for review by the Office for Civil Rights in the biennial report.

• The subrecipient will be required to respond to the letter of findings (LOFs) within 30 days through a Voluntary Compliance Plan (VCP) to address each of the findings cited. The subrecipient is not required to make immediate changes unless detailed in the report, this is a plan of how the subrecipient will address the finding.

DISCUSSION POINT

Section 9:Methods of Administration (MOA) Compliance Review

VOLUNTARY COMPLIANCE PLAN (VCPs)

The Voluntary Compliance Plan (VCP)

The Subrecipients Role

Voluntary Compliance Plan (VCP): A written document that outlines the steps and actions that will be taken by a subrecipient to correct findings of noncompliance resulting from the onsite review. This document also serves for both the subrecipient and the State to communicate about progress toward reaching full implementation of the VCP.

An Electronic Process – Tennessee has integrated its Voluntary Compliance Plan (VCP) within the Letter of Findings (LOFs) as an electronic template. This will enable you to prepare your plan and submit back to the TBR for approval.

(* After approval you will continue to use the electronic template for updates and to send back to document progress)


Initial Statement of Assurances- Tennessee also requires the subrecipient to verify the anticipated completion date through a signed Statement of Assurances (SOA).

The Statement of Assurances (SOA)must be signed by either the superintendent or college president.

Select the date of the anticipated completion of all findings cited in the Letter of Findings(LOFs).


Final Statement of Assurances- When the VCP has been fully implemented a final statement of assurances will be provided to close out the plan. This is important because timelines may change.

2-Year Timeline for Full Implementation


Note: The subrecipient will be required to implement all findings cited within a 2-year period through the Voluntary Compliance Plan (VCP) by providing documentation of compliance that the finding has been corrected.

Beyond the 2-Year period, the State of Tennessee seeks approval from the USDE/OCR.



• Verification of new procedures and processes

• Workplace agreements

• Photos• Videos• Websites

Documentation:• Verification of

notices and policies• Verification of

recruitment materials

• Verification of meetings

DISCUSSION POINT

Section 10: Methods of Administration (MOA) Compliance Review

TIMELINES and RECAP

Technical Assistance

First, we are here to provide on-going technical assistance as you work on the implementation of the Voluntary Compliance Plan (VCP).

Second, the MOA process can be valuable process for the subrecipient.

Third, the subrecipient is required to implement all findings cited within a 2-year timeline.

WEBINAR RECAP

Subrecipients should begin to prepare the following:

1. The 3-Day Detailed Schedule/Agenda

(3-weeks prior to the review)

2. Pre-Onsite Data Request

(4 weeks prior to the review)

3. Physical Facilities Accessibility Checklist

(3-weeks prior to the review)

4. Work with the MOA Team Lead on other logistics.

The MOA Compliance Review ProcessTimelines

Please make sure you prepare staff and students for interaction with the MOA Team during the 3-Day period:

Brief Entrance/Exit Meeting

Request for Additional Documentation

Interacting through Interviews

Physical Accessibility Walkthroughs

A Collaborate Process

.

Many forms of impermissible discrimination are caused by misunderstandings or lack of information and guidance on the requirements of the law. State agency personnel should therefore be of assistance to and not in conflict with local personnel. Moreover, there is a need for additional conciliatory rather than adversarial compliance activity. Source: Federal Register, Vol 44, No.56

.DISCUSSION POINT

Office for Civil Rights (OCR) READING ROOM & NEWS ROOMOnline-Information and Guidance

https://www2.ed.gov/about/offices/list/ocr/frontpage/faq/readingroom.html

https://www2.ed.gov/about/offices/list/ocr/frontpage/faq/readingroom.html

.

FINAL DISCUSSION POINT

Contact Information

Michael TinsleyAssistant Vice Chancellor for Student Success

[email protected]

Shania WillyardStudent Success Coordinator

[email protected]

Methods of Administration (MOA) Compliance Review

Documents

Transcript of Methods of Administration (MOA) Compliance Review