Civil Rights Compliance (MOA)
The Missouri Department of Elementary and Secondary Education actively supports the mission of the Office for Civil Rights of the U.S. Department of Education: "to ensure equal access to a high quality education for all students through the vigorous enforcement of civil rights."
The Missouri Department of Elementary and Secondary Education is required by an agreement with the U.S. Department of Education to conduct onsite civil rights compliance reviews annually for at least twelve (12) local educational institutions in Missouri that receive federal funds and that offer career and technical education programs. The selection of the local institutions to receive an onsite review is determined by a process approved by the U.S. Department of Education and based on criteria including demographic data relative to students enrolled in career and technical education programs, as well as the date of a previous review, if any. These onsite civil right compliance reviews consist of an on-site visit to the institution and interviews with the superintendent/president, principals, directors, guidance counselors, teachers and students, as well as classroom observation, review of records, policies, and tours of the physical plant and grounds to assess the institution's compliance with federal civil rights statutes.
In 1973, the Department of Health, Education and Welfare was sued for its failure to enforce Title VI in a number of education areas, including vocational education (Adams v. Califano). As a result of this litigation, the Department was directed to enforce civil rights requirements in vocational education programs through compliance reviews. The Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap were issued March 15, 1979. These guidelines explain how civil rights laws and regulations apply to vocational education and the Civil rights responsibilities of recipients of Federal financial assistance offering or administering vocational programs.
Applicable Federal Compliance Requirements
U.S. Department of Education regulations implementing:
- Vocational Education Programs Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap (Guidelines), 34 CFR Part 100 Appendix B: These guidelines explain the civil rights responsibilities of recipients of Federal funds offering or administering vocational education programs
- Title VI of the Civil Rights Act of 1964 (Title VI), 34 CFR Part 100: The Civil rights Act of 1964 prohibits discrimination and denial of services on the basis of race, color, and national origin in any program or activity receiving federal financial assistance. The Department of Health, Education, and Welfare issued regulations implementing Title VI in 1965.
- Title IX of the Education Amendments of 1972 (Title IX), 34 CFR Part 106: The Education amendments of 1972 prohibits discrimination on the basis of sex/gender in education programs receiving or benefiting from federal financial assistance. The Department of Health, Education, and Welfare issued regulations implementing Title IX in 1975.
- Section 504 of the Rehabilitation Act of 1973 (Section 504), 34 CFR Part 104: The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. The Department of Health, Education, and Welfare issued regulations implementing Section 504 in 1977.
- Americans with Disabilities Act The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. It also mandates the establishment of TDD/telephone relay services. The current text of the ADA includes changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009. The ADA was originally enacted in public law format and later rearranged and published in the United States Code. On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department's ADA regulations, including its ADA Standards for Accessible Design. The official text was published in the Federal Register on September 15, 2010 (corrections to this text were published in the Federal Register on March 11, 2011).
The revised regulations amend the Department's 1991 title II regulation (State and local governments), 28 CFR Part 35, and the 1991 title III regulation (public accommodations), 28 CFR Part 36. Appendix A to each regulation includes a section-by-section analysis of the rule and responses to public comments on the proposed rule.
These final rules went into effect on March 15, 2011, and were published in the 2011 edition of the Code of Federal Regulations (CFR).