Nondiscrimination statements for adult education publications and post-secondary

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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