DEPARTMENT OF EDUCATION
P.O.
SUPTS. MEMO NO. 22
January 27, 2006
INFORMATIONAL
|
TO: |
Division
Superintendents |
|
FROM: |
Patricia I.
Wright Acting Superintendent
of Public Instruction |
|
SUBJECT: |
Notification
Procedures Related to Non-discrimination Requirements |
The
U. S. Department of Education, Office for Civil Rights (OCR), enforces Title IX
of the Education Amendments of 1972 (Title IX) and Section 504 of the
Rehabilitation Act of 1973 (Section 504). The provisions of these civil rights
laws apply to any programs or activities receiving or benefiting from Federal
financial assistance.
Title IX states: No
person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any education program or activity receiving Federal financial
assistance.
Section 504 states: No
otherwise qualified individual with a disability in the
This
memorandum is provided as follow-up to the Virginia Department of Educations
(VDOE) agreement with the OCR to address notification procedures that were
recently identified through its review of the agency. The memorandum also
serves as follow-up to the departments recent Title IX informational forums.
All educational agencies receiving federal assistance, including the VDOE, are
reminded of the obligation under Title IX and Section 504 to designate one or
more employees to coordinate the responsibilities of these civil rights laws.
These regulations require all educational agencies that receive federal
financial assistance to have well-publicized policies against discrimination,
including sexual harassment, and to have procedures for students and their
families to raise and resolve issues concerning discrimination. Educational
agencies are required to implement specific and continuing steps to notify all
students, parents, employees, and the public that the school does not
discriminate. Educational agencies also are required to publish a notice of non-discrimination
in publications made available to students, parents, employees, applicants for
admission or employment, and in other sources of information. The Office for
Civil Rights encourages the use of one combined notice for all the civil rights
regulations. A combined non-discrimination notice should contain two basic
elements: (1) a statement of non-discrimination
in all programs and activities; and (2) identification by name or title,
address, and telephone number of the employee or employees responsible for
coordinating the compliance efforts.
Attached
you will find a copy of the sample notice of non-discrimination that is posted
on the OCR website. This sample notice
is provided to assist school divisions in formulating and reviewing their
required local notice of non-discrimination. Please note that such notice
should be prominently posted on websites, in schools, publications, and by
other means as required by law. The
Deputy Superintendent for Public Instruction at the VDOE is the designated
Title IX and Section 504 Coordinator for VDOE.
Compliance
with Title IX and Section 504 is a shared responsibility of an entire
institution, from top-level administration to individual staff members. We
appreciate your leadership in promoting equity and excellence in education for
all students.
Further
information about Title IX and Section 504, including resources on developing
policies of non-discrimination and effective grievance procedures, can be
obtained from the Office for Civil Rights at the U. S. Department of
Educations website at http://www.ed.gov/about/offices/list/ocr/docs/nondisc.html
or you may contact Dr. Sandra E. Ruffin, director of federal program monitoring
Sandra.Ruffin@doe.virginia.gov,
at (804) 225-2768, or Dr. Bondy Shay Gibson, monitoring specialist Bondy.Gibson@doe.virginia.gov),
at (804) 225-2618.
PIW/MMV/cb
Attachment
http://www.doe.virginia.gov/administrators/superintendents_memos/2006/inf022a.pdf