Civil Rights Review

General Information

Local educational agencies (LEAs) that offer or administer Career Technical Education (CTE) must meet certain civil rights requirements. The California Department of Education (CDE) has the regulatory responsibility to ensure that all students have access to CTE programs in the California public secondary schools. The CDE is required to adopt a civil rights compliance program to identify, remedy, and/or prevent discrimination in CTE programs offered or administered by LEAs. Parallel citations of state civil rights laws and regulations have been provided to ensure that all students have access to the programs. It is important to note that the Civil Rights Review (CRR) process is separate from the Carl D. Perkins CTE Improvement Act, which involves on-site CTE reviews coordinated by the CDE Federal Program Monitoring Office. The CRR process is coordinated by the Office of Equal Opportunity (OEO). The CDE’s OEO is charged with conducting the civil rights reviews. The authority to conduct civil rights reviews is found in:

• Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs, March 21, 1979, (34 CFR, Part 100, Appendix B).
• Title VI of the Civil Rights Act of 1964 and implementing regulations (34 CFR, Part 100) which prohibit discrimination on the basis of race, color, and national origin.
• Americans with Disabilities Act (ADA) of 1990 and the implementation of 28 CFR, Part 35.
  Title IX of the Education Amendments of 1972 and the implementation of 34 CFR, Part 106 which prohibit discrimination on the basis of sex/gender.
• Section 504 of the Rehabilitation Act of 1973 and implementing regulations (34 CFR, Part 104) which prohibit discrimination on the basis of handicap.
• California Education Code, Education Equity section 200, et seq.
• California Code of Regulations, Title 5, section 4900, et seq.
  

Reviews

CRR Selection Criteria

Federal law requires the CDE to conduct on-site reviews of 2.5 percent of the subrecipients offering CTE programs, or a maximum of 25 schools sites each year along with a district level review. The CDE develops a target plan to identify federally funded schools with CTE programs that might benefit from an on-site review. In applying the target plan, comparisons by race, sex, and disability status are made between the school’s general student population and the school’s CTE student population. These figures determine the percentage of variance among the groups. Other optional criteria may be used for further assessments, such as API Growth.

LEAs Selected for Reviews

2023–24 Schedule for Civil Rights Review
This is the list of LEAs and site(s) by region selected for a Civil Rights Review.

Training

Civil Rights Reviews (PPTX)
This presentation provides an overview of the Civil Rights, Career Technical Educational on-site review process.

Program Instrument

2023–24 Civil Rights Program Instrument (PDF)
2022–23 Civil Rights Program Instrument (PDF)
The Civil Rights Review contains specific federal legal requirements that will be tested during the monitoring process. The instrument provides examples of evidence that may be used to demonstrate compliance.

CDE Monitoring Tool (CMT)

The CDE Monitoring Tool (CMT) is a new Web-based tool, developed by the California Department of Education (CDE) to facilitates the monitoring of local educational agencies (LEAs) to ensure that they meet fiscal and program requirements of federal categorical programs and State funding they receive.

For additional information regarding the California Department of Education’s use of CMT, please visit the CMT Web page.

Correspondence

2023–24 Notification of LEAs Selection for Civil Rights Review (Dated 14-July-2023)
This letter was personalized and sent to Select District Superintendents, School Administrators and County Office of Education (COE) Monitoring Leads for civil rights compliance program reviews. To request a copy of the personalized letter, please contact the Office of Equal Opportunity.

2022–23 Notification of LEAs Selection for Civil Rights Review (Dated 31-May-2022)
This letter was personalized and sent to Select District Superintendents and School Administrators for civil rights compliance program reviews. To request a copy of the personalized letter, please contact the Office of Equal Opportunity.

Resources

The resources listed below are from the U.S. Department of Education, Office for Civil Right (OCR), and U.S. Department of Justice (DOJ).

Notice, Policy and Procedure

• Title IX Coordinators Resource Page
• Summary of Major Provisions of the ED's Title IX Final Rule (PDF)
• Final Rule Q&A (PDF)
• Notice of Non-Discrimination (PDF)
• Dear Colleague Letter: School Enrollment Procedures (PDF)
• ADA Tool Kit: Chapter 2, Addendum, Checklist

Services for Students with Disabilities

• Protecting Students with Disabilities
• Fact Sheet: Providing Students with Disabilities Free Appropriate Public Education During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under Section 504
• Dear Colleague Letter providing guidance for recognizing, redressing, and preventing racial discrimination in special education (PDF)
• Section 504 Parent and Educator Resource Guide (PDF)
• Dear Colleague Letter providing guidance on restraint and seclusion and policies for students with disabilities (PDF)
• OCR and the Office of Special Education and Rehabilitative Services (OSERS) joint Dear Colleague Letter (PDF)
• Section 504 Charter School Guidance (PDF)
• IDEA Charter School Guidance (PDF)
• Know Your Rights: Students with Disabilities in Charter Schools (PDF)
• Technical Assistance on Testing Accommodations (DOJ)
• ADA: Information and Technical Assistance (DOJ)
• ADA: Additional Guidance from OCR

Admissions

• Gender Equity in Career and Technical Education (PDF)
• Dear Colleague Letter: School Enrollment Procedures (PDF)
• Q&A: School Enrollment Procedures (PDF)
• 34 CFR Section 100 Appendix B (Admission of Students)
• Plyler v. Doe, 457 U.S. 202 (1982)

Guidance and Counseling

• Dear Colleague Letter on Gender Equity in Career and Technical Education (PDF)

Program Accessibility

• American National Standards Institute Website
• Uniform Federal Accessibility Standards
• 2010 ADA Standards for Accessible Design

Services for English Learners

• English Learner Toolkit
• Programs for English Language Learners
• Schools' Civil Rights Obligations to English Learner Students and Limited English Proficient Parents

Accommodating Student Interests and Abilities

• Dear Colleague Letter: The Three-Part Test (PDF)
• Q&A: Intercollegiate Athletics Policy: Three-Part Test

Executive Orders

• Executive Order 14021 on Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity (PDF)
• Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (January 2021)
• Letter to Students, Educators, and other Stakeholders re Executive Order 14021 (PDF)

Other Resources

• Reading Room (OCR)
• Q&A on Civil Rights and School Reopening in the COVID-19 Environment (PDF)
• Questions and Answers on Executive Order 13899 (Combating Anti-Semitism) and OCR’s Enforcement of Title VI of the Civil Rights Act of 1964 (PDF)