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​The Administration section provides information about compliance with policy and procedural issues including: information about an LEA's duty to notify the public of their nondiscrimination policies; the creation, dissemination, and adoption of grievance procedures; the appointment of compliance coordinators for Section 504 of the Rehabilitation Act or Title IX; and policies that apply specifically to employees. ​

 Public Notice

​The LEA should disseminate an annual notice of nondiscrimination to students, employees, parents, and residents in their district.  This notice must be available in the primary language of any national origin minority communities that exist within the community, and must be made available in accessible formats.  
  • What are the elements of an annual statement of non-discrimination?
    • Statement that the LEA does not discriminate on the basis of race, color, national origin, sex, or disability in any of its policies
    • Statement that non-discrimination applies to all areas of the LEA
    • A statement that the LEA provides equal access to facilities for the Boy Scouts of America and other designated Youth Groups
    • Name, address, and telephone number of Title IX and Section 504 Coordinator(s)
    • Statement that any person with questions concerning implementation of non-discrimination policy should contact Title IX and Section 504 Coordinator(s)
    • Assurance that limited English speaking skills will not be a barrier for participation in educational programs
    • Accompanying brief description of program offerings and admission criteria
    • The Notice may include protections for additional groups, such as age (as protected by the Age Discrimination Act of 1975), but may not remove any of the required protected groups.  For example, the term gender may not be substituted for the term sex, however gender may be included in the list if the required term sex is also present.
  • What is a sample of an annual statement of non-discrimination?
    Overton High School distributes the following annual notice of non-discrimination on the class schedule which includes program offerings and admission criteria and which is mailed to each home in the District.

    Overton High School, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, and other federal laws and regulations, does not discriminate on the basis of race, color, national origin, sex, or disability in any of its policies, practices, or procedures. Additionally, in compliance with the Boy Scouts of America Equal Access Act, Overton High School provides equal access to facilities for the Boy Scouts of America and other designated Youth Groups. The lack of English language skills will not be a barrier to admission and participation in educational programs.

    Any person having questions regarding the above is directed to contact Mike Harty, Overton High School, Title IX and Section 504 Coordinator, at 2131 W. Eastern Avenue, Chicago, Illinois, 61222 or (618) 555-1212.

    For further information or to file a complaint with the Department of Education Office for Civil Rights visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the office that serves your area, or call 1-800-421-3481.
  • What is the continuous statement of non-discrimination?
    The continuous statement condenses the policy of non-discrimination and is used on material directed toward current and potential students and employees.
  • What is a sample of a continuous statement of non-discrimination?
    Overton High School does not discriminate on the basis of race, color, national origin, sex, or disability.
Documentation
  • What documentation can be used to indicate compliance with the public notification standards?
    • Student handbook and other descriptive catalogs, brochures, and publications provided to students/parents
    • A copy of the annual notice to students, parents, employees and the general public which states that career and technical programs/courses are offered without regard to race, color, national origin, sex, or disability, plus title, address and phone number of the Title IX and Section 504 coordinator(s)
    • Copies of student enrollment and registration forms and other admission criteria to career and technical education programs/courses
    • Documents on which annual notice of public non-discrimination is displayed, including local newspapers, institutional newspapers, catalogs, and handbooks
    • Bulletins, catalogs, student application/registration forms, promotional materials, brochures, website, and similar artifacts which display the continuous statement of non-discrimination
    • Bulletins, catalogs, application forms, and promotional materials provided to students, parents, or the community
    • Program offerings and admission criteria which must accompany the annual notice
    • Policy on determining community groups
    • Description of dissemination of annual notice
    • Translation of annual notice into primary languages
    • Description of dissemination of translation of annual notice
    • Job description of Title IX/Section 504 Coordinator
  • What are some sample documents which must display the continuous statement of non-discrimination?
    • Announcements
    • Catalogs
    • Brochures
    • Recruitment materials (if applicable)
    • Bulletins
    • Enrollment forms
    • Promotional materials
    • Website
Resources
  • Model notice of non-discrimination
  • Top Ten Things to Know About the Notice of Nondiscrimination Document
  • http://icsps.illinoisstate.edu/2017/04/civil-rights-top-10-documents/
  • Top 10 Tips for Notice of Nondiscrimination
  • https://icsps.illinoisstate.edu/wp-content/uploads/2019/03/Notice-Secondary.pdf

 Grievance Procedures and Policy

​The LEA is required to adopt and disseminated grievance policies and procedures for employed personnel and students that meet the requirements of Title IX, Section 504, and the ADA.  An LEA is allowed to use multiple grievance procedures, one must be designated that is robust enough to handle discrimination complaints.  

Essential Components
  • What are some of required the elements of a grievance procedure?
    • Ready availability to students and employees
    • Provision for equitable accessibility and action to complaint
    • Incorporation of due process
    • ​Name, address, and telephone number of the Title IX/Section 504 Coordinator(s)

      This list is not exhaustive.  OCR has issued guidance on the required elements of grievance procedures and the corresponding elements of investigations into alleged discrimination or sexual assault.  It is highly recommended that colleges review this guidance.  A link to the dear colleague letter issued by OCR can be found here: OCR Dear Colleague Letter on Title IX Grievance ProceduresPDF Document
Documentation
In the event an LEA is selected for an on-site review a copy of the student grievance procedure which meets sex equity (Title IX) and persons with disabilities (Section 504) Section 504 requirements and the publication(s) in which grievance procedures can be found (include the dissemination method of these publication) must be provided. Additional documentation may also include:
  • A copy of the employee grievance procedure, which meets Civil Rights requirements, and method of dissemination. This must be more than just the negotiated contract for teachers, and must cover Title IX and Section 504
  • Names of the coordinators for sec equity (Title IX) and persons with disabilities (Section 504)
  • Student handbook
  • Employee handbook
  • Other documents utilized for the public dissemination of the grievance policy
  • Board policies and/or meeting minutes
Resources

 Coordinators

​LEAs are required to designate compliance coordinators to ensure equal access and address complains related to discrimination under Section 504 of the Rehabilitation Act (disability) and Title IX (gender equity).  These Coordinators must be provided adequate training to conduct compliance activities under Section 504 and Title IX.  Additionally, the LEA should ensure that no conflicts of interest exist in relation to the position appointed as compliance coordinator, for example a Superintendent may experience a conflict of interest in the event that a a student or teacher makes a complaint against the institution due to their position's responsibilities and need to protect the institution's interests.

Essential Functions of a Title IX or 504 Coordinator:
  • Ensure that the grievance procedures are written in language appropriate for the age of the audience (such as elementary, middle school, high school, or postsecondary students), and that they are easily understood and widely disseminated.
  • Review the grievance procedures to help determine whether they incorporate all of the elements required for the prompt and equitable resolution of student and employee complaints
  • Communicate with students, parents or guardians, and school employees to help them understand the recipient’s grievance procedures
  • train employees and students about how Title IX protects against sex discrimination
  • coordinate the grievance process and make certain that individual complaints are handled properly. This coordination responsibility may include informing all parties regarding the process, notifying all parties regarding grievance decisions and of the right to and procedures for appeal, if any; monitoring compliance with all of the requirements and timelines specified in the grievance procedures; and maintaining grievance and compliance records and files.
  • Work with the LEA to ensure grievance procedures are available to English language learners and students with disabilities.
What are some additional sample duties of a Section 504 Coordinator?
  • Work in partnership with the special needs coordinator.
  • Develop a district-wide compliance plan.
  • Gain board approval of the compliance plan.
  • Disseminate the compliance plan in newsletters.
  • Develop, implement, and disseminate details of procedural safeguards.
  • Locate and appoint compliance officers as needed in departments/divisions.
  • Develop, implement, and disseminate commensurate Section 504 procedures.
  • Train compliance officers in Section 504 procedures.
  • Communicate procedures to staff.
  • Seek new information relative to Section 504 compliance and update all data.
  • Appoint a local hearing officer.
  • Identify a mediator for impartial hearings related to referral, evaluation, or placement of individuals with disabilities.
  • Facilitate the training of compliance officers regarding applicant and employment issues related to Section 504 and the ADA.
  • Track the allocation of public resources related to Section 504 placement and accommodations.
  • Serve as liaison with the Office for Civil Rights, U.S. Department of Education.
What documentation can be used to indicate compliance with this standard?
  • Job description of Title IX/Section 504 Coordinator
  • List of training received by coordinators
  • Examples of complaints issued using the grievance procedures with information about resolution (may be redacted to protect complainant or respondent identities) 
Additional Resources

 Employment

​The LEA must have employment and personnel policies that do not discriminate on the basis of race, color, national origin, sex, or disability.  Additionally, all employees must be notified of the nondiscrimination policies and grievance procedures (used for discrimination complaints).
  • What documentation can be used to indicate compliance with this standard?
    • A copy of the District’s collective bargaining or other employment agreements for faculty
    • A copy of the application forms for employment, a sample vacancy announcement and recruitment letters for faculty
    • Published job announcements and advertisement (with continuous statement of non-discrimination)
    • Personnel policies and procedures, including policies to do with hiring, advancement, screening committee rating systems, interviewing, and recruitment
    • Affirmative action or equal employment opportunity plan adopted by the Board
    • Applications for positions (with continuous statement of non-discrimination)
    • Salary schedule(s)
    • Faculty assignment information by race/ethnic group, sex, and individuals with disabilities
    • Employment handbook
  • What are the essential elements of employment policies and practices?
    • Every aspect of the employment relationship is nondiscriminatory.
    • Pre-employment inquires concerning disability, marital, or parental status is prohibited.
    • Recruitment sources are regularly notified that the LEA does not discriminate.
    • Faculty salary scales and policy are based upon the conditions and responsibilities of employment without regard to race, color, national origin, sex, and disability.
    • Equal employment opportunities for teaching and administrative positions to disabled applicants who can perform the essential functions of the positions are provided.
    • Reasonable accommodations for physical or mental disabilities of otherwise qualified applicants unless it can be demonstrated that such accommodations would impose an undue hardship.
    • Non-faculty classification/compensation system is based upon evaluation of jobs and appropriate salary range placement of jobs according to working conditions and levels of employment responsibility.
  • What are some documents on which an equal opportunity statement should appear?
    • Application for employment form
    • Vacancy announcements and advertisements
    • Recruitment letters
    • Personnel web site and other related recruitment documents
    • Newspapers, student handbooks, and other district or school materials
  • What is a sample of an equal opportunity statement?
    Overton High School does not discriminate on the basis of race, color, national origin, sex, or disability.

    This statement appears on Overton High School employment application forms: All applicants are considered for employment, and employees are treated without regard to race, color, national origin, sex, disability, or age except where such conditions are bona fide occupational requirements, or age. Overton High School facilities are accessible to disabled applicants.
Resources

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