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A State-by-State Examination of Nondiscrimination Laws
Jun 3rd, 2014 by

A State-by-State Examination of Nondiscrimination Laws and Policies.

State Nondiscrimination Policies Fill the Void but Federal Protections Are Still Needed

Interesting reading. See attached

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Inclusion of Boy Scouts of America in Nondiscrimination Statements
Sep 4th, 2013 by

The U.S. Department of Education, Office for Civil Rights in Washington has confirmed with me today that nondiscrimination statements (which must be in all official publications) must reference the Boy Scouts of America Equal Access Act. This is for Local Education Agencies (LEAs – PK-12 schools and programs) and State Education Agencies, but not higher education institutions.

 

Please refer to the original citation on the OCR website at:

http://www2.ed.gov/about/offices/list/ocr/docs/nondisc.html

 

From the pamphlet:

 

Introduction

The Department of Education’s (ED) Office for Civil Rights (OCR) enforces several statutes that protect the rights of beneficiaries in programs or activities that receive financial assistance from ED. These laws prohibit discrimination on the basis of race, color, and national origin (Title VI of the Civil Rights Act of 1964), sex (Title IX of the Education

Amendments of 1972), disability (Section 504 of the Rehabilitation Act of 1973), and age (Age Discrimination Act of 1975). OCR also has enforcement responsibilities under Title II of the Americans with Disabilities Act, which prohibits state and local governments from discriminating on the basis of disability.

In addition, OCR enforces the Boy Scouts of America Equal Access Act, which addresses equal access to meet on school premises or in school facilities for the Boy Scouts of America and other designated youth groups.

 

An explanation of “other designated youth groups” is explained in Title 36 of the United States Code

 

Part B—Organizations – lists youth groups such as:

 

The pamphlet cites sample language:

 

Sample Notice of Non-discrimination

The following sample notice of nondiscrimination meets the minimum requirements of the regulations enforced

by OCR:


The (Name of Recipient) does not discriminate on the basis of race, color, national origin, sex, disability, [ etc.] in its programs and activities and provides equal access to the Boy Scouts and other designated youth

groups. The following person has been designated to handle inquiries regarding the non-discrimination policies:

 

Please direct any inquiries to your regional OCR Office at http://www2.ed.gov/about/offices/list/ocr/addresses.html

 

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Notices of Non-Discrimination: posting in other languages
Jun 27th, 2013 by

A school district must publish a notice that it does not discriminate on the basis of sex in its educational
programs or activities. The notice must also state that inquiries concerning the application of Title IX and its
implementing regulations may be referred to the Title IX coordinator or to OCR. The notice must be displayed
prominently in each announcement, bulletin, catalog, or application form used in connection with the recruitment
of students or employees.

The continuous notice must be in each language where there is a community of those language speakers.

In New York City the notice of non-discrimination (continuous notice) as well as the annual notice are provided (printed, posted in schools and in the community, and posted on the web) in nine languages:

The following is from that page.

Notification of Non-Discrimination Policy

It is the policy of the Department of Education of the City of New York to provide equal employment opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, age, marital status, partnership status, disability, sexual orientation, gender (sex), military status, prior record of arrest or conviction (except as permitted by law) predisposing genetic characteristics, or status as a victim of domestic violence, sexual offenses and stalking, and to maintain an environment free of harassment on any of the above-noted grounds, including sexual harassment or retaliation.

It is the policy of the New York City Department of Education to provide equal educational opportunities without regard to race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, disability, sexual orientation, gender (sex) or weight and to maintain an environment free of harassment on the basis of any of these grounds, including sexual harassment or retaliation.

This policy is in accordance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Age Discrimination in Employment Act of 1967, Section 503 and Section 504 of the Rehabilitation Act of 1973, Fair Labor Standards Amendments of 1974, Immigration Reform and Control Act of 1986, The Americans with Disabilities Act of 1990, Civil Rights Act of 1991, New York State and City Human Rights Laws and Provisions of Anti-Discrimination in Collective Bargaining Agreements of the Department of Education of the City of New York.

NOTIFICATION OF NON-DISCRIMINATION POLICY postings should be conspicuously displayed in universal areas throughout all Department of Education sites, in appropriate languages.

Postings inform employees, parents of students, students, and applicants for employment of the Department’s policy on Non-Discrimination. ( Available in 9 Languagues)

Copies of the PUBLIC NOTIFICATION OF NON-DISCRIMINATION POLICY postings can be printed via the following links:

ENGLISH (Version)

ARABIC (Version)

BENGALI (Version)

CHINESE (Version)

HAITIAN CREOLE (Version)

KOREAN (Version)

RUSSIAN (Version)

SPANISH (Version)

URDU (Version)

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More on …Notice of Nondiscrimination
Jun 3rd, 2013 by

source: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf

 

A) Notice of Nondiscrimination

The Title IX regulations require that each recipient publish a notice of nondiscrimination stating
that the recipient does not discriminate on the basis of sex in its education programs and
activities, and that Title IX requires it not to discriminate in such a manner.19 The notice must
state that inquiries concerning the application of Title IX may be referred to the recipient’s Title
IX coordinator or to OCR. Itshould include the name or title, office address, telephone number,
and e-mail address for the recipient’s designated Title IX coordinator.

The noticemust be widely distributed to all students, parents of elementary and secondary
students, employees, applicants for admission and employment, and other relevant persons.
OCR recommends that the notice be prominently posted on school Web sites and at various

16 34 C.F.R. § 106.9.

17 Id. § 106.8(a).
18 Id. § 106.8(b).
19 Id. § 106.9(a).

Page 7 –Dear Colleague Letter: Sexual Violence
locations throughout the school or campus and published in electronic and printed publications
of general distribution that provide information to students and employees about the school’s
services and policies. The notice should be available and easily accessible on an ongoing basis.
Title IX does not require a recipient to adopt a policy specifically prohibiting sexual harassment
or sexual violence. As noted in the 2001 Guidance, however, a recipient’s general policy
prohibiting sex discrimination will not be considered effective and would violate Title IX if,
because of the lack of a specific policy, students are unaware of what kind of conduct
constitutes sexual harassment, including sexual violence, or that such conduct is prohibited sex
discrimination. OCR therefore recommends that a recipient’s nondiscrimination policy state
that prohibited sex discrimination covers sexual harassment, including sexual violence, and that
the policy include examples of the types of conduct that it covers.

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Nondiscrimination statements for adult education publications and post-secondary
Jan 24th, 2013 by

I have received confirmation from both the Boston Office for Civil Rights and the Washington, DC Central Office of the USDOE/OCR on the issue of nondiscrimination statements for adult education publications.

No person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance.

Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964

Any programs operated by the an educational entity that receives federal funds must place their statement of Non-discrimination in all official publications advertising its services or programs. The Commission on Human Rights and Opportunities (CHRO) has a position that once you start listing protected classes, you must list them all. The most recent addition was gender identity and expression. Please check to make sure you are not omitting any categories.

 

CHRO has a poster listing all protected classes at http://www.ct.gov/chro/lib/chro/discrimination_poster_10_1_11.pdf

 

Secondly, the nondiscrimination statement must also include the name, office address and telephone number of the Title IX and 504/ADA Coordinator. This applies to both pre-school and adult education programs. There is a provision at 34 CFR 104.38 that addresses pre-school and adult education.

See – http://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html#S38

Students in pre-school, adult education (continuing education) and colleges/universities that receive federal funds are protected under Section 504 and ADA. “Section 504 would apply to postsecondary students attending colleges that receive federal financial assistance from the U.S. Department of Education.”

Technically colleges and universities (most receive federal funds) should also be listing Section 504 in addition to ADA in their statements. I doubt that OCR would find serious fault with just listing the ADA Coordinator, who would cover 504 anyway.

See also here – http://www2.ed.gov/about/offices/list/ocr/docs/nondisc.html

If the 504 and ADA Coordinators are two different people, contact information for both should be listed.

And here – http://www.sde.ct.gov/sde/bullyingandharassment

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