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Title IX 2013 Notification

Letter Head: Tom Torlakson, State Superintendent of Public Instruction, California Department of Education

September 20, 2013

Dear County and District Superintendents, Superintendents of State Special Schools, and Charter School Administrators:

NOTIFICATION OF CALIFORNIA DEPARTMENT OF EDUCATION TITLE IX COORDINATOR AND SURVEY OF TITLE IX COORDINATORS

Title IX remains a critical federal civil rights law that prohibits discrimination on the basis of sex (including sexual harassment) in our schools. It protects male and female students and employees in any educational entity that receives federal funds. In addition, Title IX protects transgender students and students who do not conform to sex stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that:

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.

I am the designated Title IX Coordinator for the California Department of Education. In addition Title IX requires that each public school district, as well as state-approved nonpublic special education programs, have at least one person designated as the Title IX Coordinator. The Title IX Coordinator ensures active compliance with the law. Many school districts now have a Title IX Coordinator in each school building. My office will be collecting and posting a listing of district/school Title IX Coordinators. A Title IX Coordinator Survey is enclosed and will be used to collect the contact information for school/district Title IX Coordinators. A directory of district coordinators will be posted on the California Department of Education’s (CDE) Web site. The Title IX Web pages can be found by going to http://www.cde.ca.gov/re/di/eo/genequitytitleix.asp. To complete the Title IX Coordinator Survey, please follow the directions on the form enclosed and return it by fax or e-mail to the Office of Equal Opportunity, fax: 916-324-9818, e-mail address: oeoinfo@cde.ca.gov by October 11, 2013.

As defined and required by Title IX all schools will post, in a prominent location, the notification of the name, address and telephone number of the local Title IX Coordinator. Suggested locations would be in staff lounge/break rooms, student government/ASB rooms, main administrative offices, etc.

Finally, a reminder from the U.S. Department of Education’s Office for Civil Rights (OCR) – In a “Dear Colleague” letter on Bullying and Harassment (October 26, 2010), OCR warns that school districts that fail to appropriately identify, thwart and remedy bullying and harassment risk violating federal civil rights laws and losing of federal funds.

Compliance with Title IX is essential in efforts to ensure equity in education and your prompt reply will be greatly appreciated. If you have any questions, please contact me, Title IX Coordinator, at 916-445-9174 or by e-mail at oeoinfo@cde.ca.gov.

Sincerely,

[Original signed copy on file at CDE]

Sharon Felix-Rochon, Director
Office of Equal Opportunity
Civil Rights, Title IX, ADA/504, MOA Coordinator

SFR:tev
Enclosures


Nondiscrimination Statement

The State of California, Department of Education (CDE), is committed to ensuring equal, fair, and meaningful access to employment and education services. The CDE does not discriminate in any employment practice, education program, or educational activity on the basis and/or association with a person or group with one or more of these actual or perceived characteristics of age, ancestry, color, disability, ethnicity, gender, gender identity or expression, genetic information, marital status, medical condition, national origin, political affiliation, pregnancy and related conditions, race, religion, retaliation, sex (including sexual harassment), sexual orientation, Vietnam Era Veterans’ status, or any other basis prohibited by California state and federal nondiscrimination laws respectively. Not all bases of discrimination will apply to both education services and employment. The Office of Equal Opportunity is charged with overseeing, leading, and directing the CDE’s efforts to meet the legal obligations set forth in state and federal civil rights laws, and regulations in CDE employment and delivery of education services. Inquiries regarding nondiscrimination and civil rights should be directed to the Office of Equal Opportunity.

Enclosure 1
What is Title IX?

The following was prepared to assist you in understanding Title IX of the Education Amendments of 1972, and its minimum requirements. It is not an exhaustive explanation, and therefore, should not be used as a substitute for careful reading of the regulations themselves.

Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex. The preamble to Title IX of the Education Amendments of 1972 states that:

“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.”

Title IX requires that each school district have at least one person designated as the Title IX Coordinator.

From the regulations governing Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, 1682):

106.8 Designation of responsible employee and adoption of complaint procedures.
  1. Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to such recipient alleging its noncompliance with this part or alleging any actions which would be prohibited by this part. The recipient shall notify all its students and employees of the name, office address and telephone number of the employee or employees appointed pursuant to this paragraph.

  2. Complaint procedure of recipient. A recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by this part.

(Authority: 34 C.F.R. Sec 106.8)

106.9 Dissemination of policy.
  1. Notification of policy.

    1. Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient, that it does not discriminate on the basis of sex in the educational program or activity which it operates, and that it is required by Title IX and this part not to discriminate in such a manner. Such notification shall contain such information and be made in such manner as the Assistant Secretary finds necessary to apprise such persons of the protections against discrimination assured them by Title IX and this part, but shall state at least that the requirement not to discriminate in the education program or activity extends to employment therein, and to admission thereto unless Subpart C does not apply to the recipient, and that inquiries concerning the application of Title IX and this part to such recipient may be referred to the employee designated pursuant to Sec. 106.8, or to the Assistant Secretary.

    2. Each recipient shall make the initial notification required by paragraph (a)(1) of this section within 90 days of the effective date of this part or of the date this part first applies to such recipient, whichever comes later, which notification shall include publication in:

      1. Local newspapers;

      2. Newspapers and magazines operated by such recipient or by student, alumnae, or alumni groups for or in connection with such recipient; and

      3. Memoranda or other written communications distributed to every student and employee of such recipient.

  2. Publications.

    1. Each recipient shall prominently include a statement of the policy described in paragraph (a) of this section in each announcement, bulletin, catalog, or application form which it makes available to any person of a type, described in paragraph (a) of this section, or which is otherwise used in connection with the recruitment of students or employees.

    2. A recipient shall not use or distribute a publication of the type described in this paragraph which suggests, by text or illustration, that such recipient treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by this part.

  3. Distribution. Each recipient shall distribute without discrimination on the basis of sex each publication described in paragraph (b) of this section, and shall apprise each of its admission and employment recruitment representatives of the policy of nondiscrimination described in paragraph (a) of this section, and require such representatives to adhere to such policy.

(Authority: 34 C.F.R. Sec 106.8)

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