ONSITE CIVIL RIGHTS REVIEWS

Note:  If you need to file a complaint, please contact richard [dot] gomez [at] schools [dot] utah [dot] gov (Richard Gomez) , Educational Equity Coordinator, at 801>538-7643. 

Background
The Utah State Office of Education (USOE), as a recipient of federal education funds, is required by the United States Department of Education, to conduct Civil Rights (CR) reviews of schools within districts  and of postsecondary institutions that:

1. receive federal funds and
2. offer Career and Technical Education (CTE) programs.

The purpose of the reviews is to ensure that schools and districts are providing access for all students to educational programs in compliance with the requirements of the following federal Civil Rights statutes:

U.S. Department of Education

• Title VI of the Civil Rights Act of 1964 (Title VI), 34 CFR Part 100
• Title IX of the Education Amendments of 1972 (Title IX), 34 CFR Part 106
• Section 504 of the Rehabilitation Act of 1973 (Section 504), 34 CFR Part 104
• Vocational Education Programs Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, and National Origin, Sex and Handicap (Guidelines), 34 CFR Part 100 Appendix B

U.S. Department of Justice

• Title II of the Americans with Disabilities Act of 1990 (Title II), 28 CFR Part 35

Affected protected groups under these statutes include “race, color, national origin, sex (gender), disabilities,” and at the postsecondary level, “age.”

Among other criteria, the main criteria used in selecting a high school are based on (1) the high school receiving a CTE program approval process in a given year and (2) the high school rising to one of the top positions in the analyses of various attendance data in CTE programs.  Similar criteria are used in selecting postsecondary institutions.

How the Assessments Are Done
A team of USOE and peer reviewers, about 8 in total, will typically visit for one day the selected school, 8:00 AM to 3:30 PM, to review the high school or postsecondary institution and to speak with students, parents, district and school staff and faculty.

The intent of the reviews is to assist school districts and postsecondary institutions meet the civil rights requirements, to prevent future costly problems, and to offer technical assistance to the districts and postsecondary institutions where corrective actions are needed.  Please see the recommended agenda that lists who is to be interviewed and the timing of interviews.

In preparation for the review, certain items need to be assembled well in advance of the onsite review for the review team.  The list of items is found in the document called Materials Checklist – one for secondary and another for postsecondary.

The list of items is to be in the possession of the Utah State Office of Education at least two weeks before the review occurs.  Each item is to be marked clearly using the same number and descriptor that appears on the checklist.

Additionally, the onsite review team uses, but is not limited to, a checklist as a guide for interviews.  This item is called, Checklist for Onsite Civil Rights Reviews.

Finally, the reviews are not intended to penalize recipients for findings, but are designed to help find and fix issues regarding civil rights.

After the Onsite Review
Typically, a few follow-up phone calls are required to collect information that may be needed to complete the review process.

The review team then compiles its findings and creates the first draft of the findings.  The findings are summarized in a document called the Program and Procedures Improvement Plan (PPIP).  The PPIP is mailed to the district CTE coordinator for review and response as well as to solicit any explanations as needed.  This draft version of the PPIP is not to be viewed as a time to “negotiate things out of the PPIP,” but as a time to clear up any items on both sides – the reviewers and the recipients.

Once the draft PPIP process is completed, the review team creates the final PPIP.  This is then mailed to the CEO (Superintendent or College President), to CTE director and coordinator, the school principal, the USOE State Director of CTE, USOE Equity Coordinator.  Eventually, a copy is also mailed to the US Department of Education, Office for Civil Rights.

The School’s and Institution’s Response
Depending upon the circumstances and at the discretion of Murray Meszaros, the reviewed school has between 30 and 40 calendar days to respond to the PPIP with a very specific plan listing:

• what solutions will be applied to each noncompliance item,
• the intended completion date, and
• who is most responsible to see each item to closure.

The school is required to rectify noncompliance issues in a manner that meets the statutes.  The school has a year or less depending upon the severity of the noncompliance issues to rectify the noncompliance issues.

Follow-up
Within one year of the accepted PPIP, several members of the original review team will conduct a follow-up onsite review to assess whether the rectified noncompliance items are now in compliance.  Typically, this review is shorter than the initial onsite review. 

If any item is incomplete, USOE is required to keep the file active and to conduct further follow-up reviews, training, etc.

Forms

• Agenda for Onsite Review - Word | PDF
• Checklist Secondary - Word | PDF
• Materials Checklist Secondary - Word | PDF
• Checklist Postsecondary - Word | PDF
• Materials Checklist Postsecondary - Word | PDF

Updated May 22, 2008