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The Connecticut Model for PK-12 Title IX Implementation
Aug 25th, 2015 by

Bill Howe, Ed.D., State of Connecticut Title IX Coordinator (Retired), CT State Department of Education Connecticut is recognized nationally for its model implementation of Title IX in PK-12 schools. From its extensive website, training programs, Title IX database, technical assistance and enforcement activities, it stands as a model for the nation. Using a combination of lecturette, case studies, simulations and quizzes, this program will offer insight into the state’s Title IX Coordinator training, annual survey of school districts, enforcement and technical assistance functions and overlay of the importance of cultural competence in compliance positions.

Register – https://atixa.org/

The 2015 ATIXA/SCOPE Joint National Conference

OCTOBER 6th – 9th, 2015
SHERATON SOCIETY HILL HOTEL
PHILADELPHIA, PA

 

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Senator Richard Blumenthal on his support of Title IX provisions in S. 1177, the Every Child Achieves Act.
Jul 8th, 2015 by

The Senate resumed debate on S. 1177, the Every Child Achieves Act. It would change the 2001 No Child Left Behind Law by giving more authority to states and local school districts.

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Forest Hills Schools settles sex assault suit for $600K
Jun 18th, 2015 by

According to ATIXA, the average Title IX lawsuit settlement is $200,000.

 

Source: http://woodtv.com/2015/06/17/forest-hills-schools-settles-sex-assault-lawsuit-for-600k/

 

Forest Hills Schools settles sex assault suit for $600K


Dani Carlson and 24 Hour News 8 web staff  
Published: June 17, 2015, 10:17 am  Updated: June 17, 2015, 7:26 pm
ADA TOWNSHIP, Mich. (WOOD) — A student who sued Forest Hills Public Schools after claiming she was sexually assaulted by a classmate will be paid a $600,000 settlement.

The student claimed that the school district did not protect her from harassment after she filed a complaint, and instead protected the suspect, who was an athlete. She was 15 at the time of the incident in 2010.

Settlement agreements obtained through the Freedom of Information Act show the school district’s insurance carrier agreed to pay the victim $600,000 to settle the lawsuit. The plaintiff will have to pay her attorney costs and taxes from that sum.

A federal judge had previously ruled that the school district failed to train its staff in how to properly handle Title IX allegations. Under the settlement agreement, Forest Hills Public Schools “will sponsor Title IX training as part of its existing Global Learning Initiative program.”

Part of Title IX requires that school districts “take prompt and effective corrective action,” which includes conducting a separate investigation that may not wait until after a criminal investigation is complete.

“The school cannot just throw up their hands and say, ‘Hey, criminal act, we’re out of it. Call the cops. Our job is done.’ That’s just not the law,” said attorney Genie Eardley.

Eardley is suing Grand Rapids Public Schools on a different alleged Title IX violation.

But Charyn Hayn, an attorney with Varnum LLP, a law firm that represents other school districts, said that school investigations don’t have the same power as criminal ones.

“The district should, at the same time the criminal investigation is ongoing, continue their own investigation. I think the disconnect — if you can call it that — comes just the fact that the internal investigation done by these schools Title IX coordinator is limited,” Hayn said.

She said the districts don’t have subpoena power and the administrators, and teachers investigating may have training but not day-to-day experience.

“The process they have to follow, they don’t have to do it very often, thank goodness. I mean, this is not a daily experience for any district,” Hayn said.

The student, identified as Jane Doe in legal documents, claims she was sexually assaulted by classmate and star basketball player Marques Mondy in a band practice room in 2010.

Prosecutors originally chose not to pursue the case, but later filed charges against Mondy after another student came forward with allegations that he inappropriately touched her, as well.

Mondy was charged with fourth-degree criminal sexual conduct, but pleaded to a juvenile charge of assault and battery and was sentenced to probation.

 

 

 

 

 

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Your Right to Form a Gay Straight Alliance (GSA)
May 13th, 2015 by

Note: Available as a flier here.

 

 

Your Right to Form a Gay Straight Alliance (GSA)

 

Gay-straight alliances (GSAs) and similar student-initiated groups addressing Lesbian, Gay,
Bi-Sexual, Transgender (LGBT)  issues can play an important role in promoting safer schools and creating more welcoming learning environments. Nationwide, students are forming these groups in part to combat bullying and harassment of LGBT students and to promote understanding and respect in the school community. Although the efforts of these groups focus primarily on the needs of LGBT students, students who have LGBT family members and friends, and students who are perceived to be LGBT, messages of respect, tolerance, and inclusion benefit all our students. By encouraging dialogue and providing supportive resources, these groups can help make schools safe and affirming environments for everyone.

But in spite of the positive effect these groups can have in schools, some such groups have been unlawfully excluded from school grounds, prevented from forming, or denied access to school resources. These same barriers have sometimes been used to target religious and other student groups, leading Congress to pass the Equal Access Act.

In 1984, Congress passed and President Ronald Reagan signed into law the Equal Access Act, requiring public secondary schools to provide equal access for extracurricular clubs. Rooted in principles of equal treatment and freedom of expression, the Act protects student-initiated groups of all types.  By allowing students to discuss difficult issues openly and honestly, in a civil manner, our schools become forums for combating ignorance, bigotry, hatred, and discrimination.

The Act requires public secondary schools (including high schools and some middle schools) to treat all student-initiated groups equally, regardless of the religious, political, philosophical, or other subject matters discussed at their meetings. Its protections apply to groups that address issues relating to LGBT students and matters involving sexual orientation and gender identity, just as they apply to religious and other student groups.

Although specific implementation of the Equal Access Act depends upon contextual circumstances, these guidelines reflect basic obligations imposed on public school officials by the Act and the First Amendment to the U.S. Constitution. The general rule, approved by the U.S. Supreme Court, is that a public high school that allows at least one noncurricular student group to meet on school grounds during noninstructional time (e.g., lunch, recess, or before or after school) may not deny similar access to other noncurricular student groups, regardless of the religious, political, philosophical, or other subject matters that the groups address.

 

Source: http://www2.ed.gov/policy/elsec/guid/secletter/110607.html
 

HOW TO FILE A COMPLAINT OF VIOLATIONS OF THE EQUAL ACCESS ACT


There is no government body tasked with specific oversight of the Equal Access Act. However, several federal and state agencies do have authority to handle complaints based on civil rights violations.

 

Under certain circumstances, a school’s refusal to recognize a GSA may constitute unlawful discrimination under federal and state statutes that prohibit sex discrimination. For instance:

  • If a school treats one group of students differently from or worse than other students because that group represents gender-nonconforming or transgender students, that different treatment may constitute unlawful sex discrimination.
  • If a school has engaged in unlawful sex discrimination by permitting a hostile environment for gender-nonconforming or transgender students, a school may be required to recognize a GSA as part of a series of steps to eliminate that environment.
  • If a school refuses to recognize a GSA or other group because the school anticipates the group will be a vehicle for advocating for the rights of gender-nonconforming or transgender students (or because of past advocacy by the students now seeking recognition of the GSA), that decision may constitute unlawful retaliation.

Complaints may be filed with the U.S. Department of Justice, U.S. Department of Education – Office for Civil Rights, U.S. Attorney’s Office or at the Connecticut state level with the Connecticut Commission on Human Rights and Opportunities.

FEDERAL: U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION

 

The Educational Opportunities Section enforces federal laws that protect students from harassment or discrimination. The Section is responsible for enforcing Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, national origin, sex, and religion in public schools and institutions of higher learning; the Equal Educational Opportunities Act of 1974 which, among other things, requires states and school districts to provide English Language Learner (ELL) students with appropriate services to overcome language barriers; and the Americans with Disabilities Act, which prohibits disability discrimination. The Section also plays a significant role in enforcing Title VI of the Civil Rights Act of 1964 (prohibiting discrimination on the basis of race, color, and national origin by recipients of federal funds); Title IX of the Educational Amendments of 1972 (prohibiting discrimination on the basis of sex by recipients of federal funds); and Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (both of which address disability discrimination and appropriate disability-related services).

 

 

The Educational Opportunities Section accepts complaints of potential violations:

·        By e-mail to education@usdoj.gov

·        By telephone at (202) 514-4092 or 1-877-292-3804 (toll-free)

·        By facsimile at (202) 514-8337

·        By letter to the following address:

U.S. Department of Justice Civil Rights Division
950 Pennsylvania Avenue, N.W.
Educational Opportunities Section, PHB
Washington, D.C. 20530
In order to properly respond to a complaint, the Section requests that complainants provide their name, address, and the name of the school/school district/university where the alleged discrimination occurred.

Additional information regarding how to file a complaint is available at

http://www.justice.gov/crt/complaint/

 


FEDERAL:
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS

 

The Office for Civil Rights (OCR) enforces federal laws that protect students from harassment or discrimination. OCR plays a significant role in enforcing Title VI of the Civil Rights Act of 1964 (prohibiting discrimination on the basis of race, color, and national origin by recipients of federal funds); Title IX of the Educational Amendments of 1972 (prohibiting discrimination on the basis of sex by recipients of federal funds); and Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act (both of which address disability discrimination).

 

OCR accepts complaints of potential violations:

 

·        By e-mail to ocr@ed.gov or OCR.Boston@ed.gov

·        Online at http://www.ed.gov/about/offices/list/ocr/complaintintro.html

·        By telephone at (617) 289-0111 or TDD: (800) 877-8339

·        By facsimile at (617) 289-0150

·        By letter to the following address:
Office for Civil Rights, Boston Office

U.S. Department of Education

8th Floor

5 Post Office Square

Boston, MA 02109-3921

 

In order to properly respond to a complaint, OCR requests that complainants provide:

 

·        Name, address and, if possible, a telephone number;

·        Information about the person(s) or class of persons injured by the alleged discriminatory act(s) (names of the injured person(s) are not required);

·        The name and location of the institution that committed the alleged discriminatory act(s); and

·        A description of the alleged discriminatory act(s) in sufficient detail to enable OCR to understand what occurred, when it occurred, and the basis for the alleged discrimination (race, color, national origin, sex, disability, age or the Boy Scouts of America Equal Access Act).
Additional information regarding how to file a complaint is available at
http://www.ed.gov/about/offices/list/ocr/complaintintro.html

 

FEDERAL: UNITED STATES ATTORNEY’S OFFICE

United States Attorney’s Office – District of Connecticut
New Haven Office – Headquarters

US Attorney’s Office

New Haven Office

Connecticut Financial Center

157 Church Street

Floor 25

New Haven, CT 06510

(203) 821-3700

Fax: (203) 773- 5376

* for a list of U.S. Attorneys in other states go to http://www.justice.gov/usao/us-attorneys-listing

STATE:  CONNECTICUT COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

 

Commission on Human Rights and Opportunities (Connecticut)

25 Sigourney Street

Hartford, CT 06106

860/ 541-3400

Connecticut Toll Free 1-800-477-5737

TDD 860-541-3459

 

Agency Mission: The mission of the Connecticut Commission on Human Rights and Opportunities (CHRO) is to eliminate discrimination through civil and human rights law enforcement and to establish equal opportunity and justice for all persons within the state through advocacy and education.

Statutory Authority: Connecticut General Statutes, Chapter 814c. Link directly to the Connecticut General Statutes at: http://www.cga.ct.gov/2011/pub/chap814c.htm

It is the statutory responsibility of the Commission to:

  • Enforce human rights laws that ban illegal discrimination in employment, housing, public accommodations and credit transactions.
  • Monitor compliance with state contract compliance laws and with laws requiring affirmative action in state agency personnel practices.
  • Establish equal opportunity and justice for all persons in Connecticut through education and outreach activities.

General statutes section 10-15c (and 46a-58(a) Deprivation of Rights) prohibits schools from discriminating against children in connection with permitting attendance and making schools open to them.  If students are allowed to form other types of student organizations, then the school should not treat students differently on the basis of sexual orientation and gender identity or expression.

To permit the formation of other student organizations and associations and to prohibit the formation of GSAs would constitute discrimination under 10-15c and a complaint could be filed with the CHRO claiming a violation of 46a-58(a) through the violation of 10-15c. Also, if a school permits access to school facilities to other clubs/organizations, as it cannot prohibit religious clubs it also cannot prohibit LGBT (Lesbian, Gay, Bisexual, Transgender) clubs.
Connecticut law prohibits discrimination in places of public accommodation such as schools.

It is the CHRO’s position that the State’s public accommodations law applies to the schools.  Therefore the State’s public accommodations law would prohibit the banning of GSAs in high school and middle schools. 

 

If students have been denied an opportunity for equal access in a place of public accommodation based on their protected class status, they may be able to file a complaint with the Commission on Human Rights and Opportunities.

 

 

How to Contact State and Local Agencies

http://www.justice.gov/crt/legalinfo/stateandlocal.php

 

 

May 13, 2015

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Schools’ Civil Rights Obligations to English Learner Students and Limited English Proficient Parents
Jan 22nd, 2015 by

The U.S. Departments of Education (ED) and Justice (DOJ) released joint guidance reminding states, school districts and schools of their obligations under federal law to ensure that English learner students have equal access to a high-quality education and the opportunity to achieve their full academic potential.  The guidance, fact sheets, and other resources (including translated versions of the guidance and fact sheets) are available at http://www2.ed.gov/about/offices/list/ocr/ellresources.html.

 

Schools’ Civil Rights Obligations to English Learner Students and Limited English Proficient Parents

The obligation not to discriminate based on race, color, or national origin requires public schools to take affirmative steps to ensure that limited English proficient (LEP) students, now more commonly known as known as English Learner (EL) students or English Language Learners (ELLs), can meaningfully participate in educational programs and services, and to communicate information to LEP parents in a language they can understand.

The following materials include information for students and parents, OCR guidance and resources for education officials about their obligations to EL students and LEP parents, and added resources with related information.

For Students and Parents

For Education Officials

OCR Policies

Self-Evaluation Materials

Enforcement Activities

Related Resources

U.S. Department of Education Resources

U.S. Department of Education Funded Resources and Partnerships

Other Resources

 

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