Program Access Review

1
Program Access Review

• December 3, 2009

2
Training Purpose

• To familiarize school administrators with
  regulatory issues related to CTE Civil Rights
  compliance.
• Discuss historical and current implications of
  federal and state legal requirements as they
  relate to CTE programs.
• Distribute monitoring and program evaluation
  instrumentation.

3
Background

• Program Access Review Requirements Have Their
  Roots In Federal Civil Rights Legislation.
• Increasingly, PAR is used as the lens for
  assessing compliance with federal requirements as
  judged by TEA.

4
References

• Title IX, Title II, Title VI and 504
• OCR Office for Civil Rights Guidelines
• CFR Code of Federal Regulations
• ADA - Americans With Disabilities Act
• TEA publications
• ESC Region 10 Templates

5
Resources

• American National Standards Institute ANSI
  http//www.ansi.org/
• Uniform Federal Accessibility Standards -
  http//www.wbdg.org/ccb/ASTAND/ufas1.pdf
• Americans with Disabilities Act Accessibility
  Guidelines (ADAAG) - http//www.access-board.gov/a
  daag/html/adaag.htm

6
Performance Effectiveness Review

• This instrument was been designed by TEA as part
  of the evaluation for the Perkins grant.
• It is submitted by no later than September 1st of
  each year.
• The document is virtually lifted out of Program
  Access Review Requirements.

7
Performance Effectiveness Review

• PER emerged from Program Based Monitoring and was
  once a requirement for district Corrective
  Intervention Plans ( CIP ).

8
PA 1.1 Procedural Requirement

• PA 1.1
• Evidence that public notification of
  nondiscrimination in CTE programs was issued
  prior to the beginning of the school year.

9
PA 1.1 Evidence

• Primary Evidence
• Board Policy
• Written District Protocol

• Secondary Evidence
• Hard Copy of Notice
• Purchase Order and Invoice
• Cashed Check
• Insure Date Reflects Requirement

10
PA 1.2 Procedural Requirement

• PA 1.2
• Evidence that announcement of this policy of
  nondiscrimination was through media that reach
  the general public, program beneficiaries,
  minorities (including national-origin minorities
  with limited English language skills), women, and
  disabled persons.

11
PA 1.2 Evidence

• Secondary Evidence
• Newspaper Hard Copy
• Other Media Notices Including Website, District
  Publications Such as Course Description Guide,
  Student Handbook etc
• Insure Date is Compliant

• Primary Evidence
• Board Policy
• Written District Protocol

12
PA 1.3 Procedural Requirement

• PA 1.3
• Evidence that the public notification of
  nondiscrimination has a brief description of the
  program offerings and admission criteria.

13
PA 1.3 Evidence

• Primary Evidence
• Board Policy
• Written District Protocol

• Secondary Evidence
• Published instrument - verbiage consistent with
  requirement
• http//ritter.tea.state.tx.us/pmi/eeo/CTEannualnot
  ificationeng.doc

14
PA 1.4 Procedural Requirement

• PA 1.4
• If the community has a national- origin minority
  with limited English language skills, evidence
  that the notice is disseminated in the language
  of that national-origin minority community.

15
PA 1.4 Evidence

• Primary Evidence
• Board Policy
• Written District Protocol

• Secondary Evidence
• Published instrument - verbiage consistent with
  requirement
• http//ritter.tea.state.tx.us/pmi/eeo/CTEannualnot
  ificationspa.doc

16
PA 2 Procedural Requirement

• PA 2
• The LEA shall designate at least one employee to
  coordinate its efforts to comply with and carry
  out its responsibilities under Section 504, Title
  II, and Title IX. The LEA must notify students
  and employees of the name, office address, and
  telephone number of the designated employee(s).
  This person(s) must be aware of his/her
  responsibilities and have the training necessary
  to perform the responsibilities.

17
PA 2 Evidence

• Secondary Evidence
• List of district publications where indication
  may be found ( Student handbook, course
  description guide, website, signage )
• Training records and written notice of
  responsibility for person so indicated.
• Written notice formal or informal
• Documentation must exist if multiple designees
  are listed.
• Dated

• Primary Evidence
• Board Policy
• Written District Protocol

18
PA 3 Procedural Requirement

• PA3
• An LEA must take continuous steps to notify
  participants, beneficiaries, applicants, parents,
  employees (including those with impaired vision
  or hearing), other interested parties, and unions
  or professional organizations holding collective
  bargaining or professional agreements with the
  LEA that it does not discriminate on the basis of
  race, color, national origin, sex, disability, or
  age.

19
PA 3 Evidence

• Secondary Evidence
• Calendar for notices
• Audiences notified
• Paid notices ( If so purchase orders and invoices
  )
• Actual publications.
• Signage
• HR notices
• Contract notices

• Primary Evidence
• Board Policy
• Written District Protocol
• Campus based operating guidelines if applicable

20
PA 4 Procedural Requirements

• PA 4
• The LEA has adopted and distributed grievance
  procedures for CTE and other programs to resolve
  alleged discrimination complaints as required
  under Title IX and Section 504.

21
PA 4 Evidence

• Primary Evidence
• Board Policy
• Administrative guidelines
• Administrative publications
• Personnel Policies

• Secondary Evidence
• District publications
• Training records
• Hiring and job marketing protocol
• Calendar of training events.
• Community publications

22
PA 5 Procedural Requirements

• PA5
• CTE programs are evaluated annually to determine
  that the size, scope, quality, and effectiveness
  are sufficient to meet the needs of students and
  are in compliance with state and federal
  assessment requirements.

23
PA 5 Evidence

• Primary Evidence
• Board Policy
• District Improvement Plan
• Campus Improvement Plans

• Secondary Evidence
• CTE Advisory Board ( list of members )
• List of meeting dates
• Meeting agendas and/or minutes.
• Calendar of evaluation events
• Formative evaluation instrument.

24
PA 6 Procedural Requirements

• PA6
• The LEA must maintain records of compliance
  activities as required under Title VI, Title IX,
  Section 504, and the Americans with Disabilities
  Act (ADA).

25
PA 6 Evidence

• Primary Evidence
• Board Policy

• Secondary Evidence
• Calendar of training activities
• List of those in attendance at training
• Signed notice by attendees.
• Training handouts

26
PA 7 Procedural Requirments

• PA7
• All facilities housing programs are located at
  sites that are readily accessible to persons who
  are mobility impaired.
• Use subordinate walkthrough lists

27
PA 7 Evidence

• Primary Evidence
• Board policy
• Written district protocol for compliance
• Adopted guidelines

• Secondary Evidence
• Walkthrough calendar
• Compliance matrix
• Purchase orders
• Invoices
• Work orders
• Appropriate signage

28
PA 8 Procedural Requirements

• PA8
• The LEA provides changing rooms, showers, and
  other restroom facilities for CTE students of one
  sex that are comparable to those provided to
  students of the other sex. This may be
  accomplished by alternating the use of the same
  facilities or by providing separate, comparable
  facilities.

29
PA 8 Evidence

• Primary Evidence
• Board policy
• Written district protocol for compliance
• Adopted guidelines

• Secondary Evidence
• Campus and building drawings - schematics
• Physical walkthrough

30
PA 9 Procedural Requirements

• PA9
• Access to CTE programs must be provided to
  disabled persons that need related aids or
  services in accordance with the students'
  individualized education programs (IEPs) and/or
  Section 504 accommodation plans.

31
PA 9 Evidence

• Secondary Evidence
• Master Schedule
• On site observation
• Student CUM folders
• Student IEP/504/LEP
• Records
• Purchase orders
• Invoices
• Student Parent Interviews
• Service contracts for specialized providers

• Primary Evidence
• Board policy
• Written district protocol for compliance
• Adopted guidelines

32
PA 10 Procedural Requirements

• PA10
• The LEA does not deny access to CTE programs to
  national-origin minority persons with limited
  English language skills on the grounds that the
  person cannot participate in and benefit from CTE
  instruction to the same extent as a student whose
  primary language is English. Steps are taken to
  ensure that CTE programs are open to these
  students and that services are available

33
PA 10 Evidence

• Secondary Evidence
• Written marketing strategies or calendar of
  events.
• Language assessment testing records
• Contracts for language support services
• Master Schedules
• Written protocol for tracking student placement
  by campus and district
• Student enrollment by cluster and language needs
  ( program and co-curricular and extra-curricular
  )

• Primary Evidence
• Board policy

34
PA 11 Procedural Requirements

• PA11
• All CTE facilities housing programs are located
  at sites that are readily accessible to both
  minority and non-minority communities, facilities
  or programs are not identified as intended for
  non-minority or minority persons, and equal
  access is provided without regard to race, color,
  national origin, sex, or disability.

35
PA 11 Evidence

• Primary Evidence
• Board Policy

• Secondary Evidence
• Master Schedule
• Campus protocol for tracking minority student
  enrollment in CTE programs by cluster.
• Campus protocol for marketing CTE programs to all
  students

36
PA 12 Procedural Requirements

• PA12
• An LEA may not discriminate in its admission
  practices against persons on the basis of limited
  English language skills. An LEA operating a
  secondary CTE program will identify applicants
  with limited English language skills and assess
  their ability to participate in CTE programs.
  Steps are taken to ensure that CTE programs are
  open to these students and that language support
  services are available

37
PA 12 Evidence

• Secondary Evidence
• Master Schedule
• Campus CTE program marketing strategy
• Written notices required
• Training records for staff indicating notice of
  requirement.
• District and/or campus written protocol for
  tracking student participation in CTE and CTE
  co-curricular and extra-curricular activities.

• Primary Evidence
• Board Policy

38
PA 13 Procedural Requirements

• PA13
• Introductory, preliminary, or exploratory courses
  are not established as a prerequisite for
  admission to a CTE program unless the course has
  been and is available to all students without
  regard to race, color, national origin, sex, or
  disability, and there is evidence that
  prerequisite courses essential to participation
  are clearly identified.

39
PA 13 Evidence

• Primary Evidence
• Board policy
• Written district protocol

• Secondary Evidence
• Course description guide
• Statement of compliance with standard
• Master Schedule for last three semesters
  disaggregated by special populations
• Written course clusters
• 4 Year Plans
• Student handbook

40
PA 14 Procedural Requirements

• PA14
• An LEA does not exclude a woman from admission to
  or participation in any program on the basis of
  pregnancy, nor treat a temporary disability due
  to pregnancy differently than other temporary
  disabilities.

41
PA 14 Evidence

• Primary Evidence
• Board Policy

• Secondary Evidence
• Master Schedule
• Student CUM Folders
• Other supporting data deemed appropriate to the
  standard.
• Impacted student schedules

42
PA 15 Procedural Requirements

• PA15
• An LEA may not judge candidates for admission to
  programs, activities, or services on the basis of
  criteria that have the effect of
  disproportionately excluding persons of a
  particular race, color, national origin, sex, or
  disability. If such disproportionate exclusion
  occurs, the criteria or standards must be
  validated as essential to participation.

43
PA 15 Evidence

• Primary Evidence
• Board Policy

• Secondary Evidence
• Master schedules
• Written district or campus protocol for tracking
  impacted students by protected class or
  qualifying special population status.

44
PA 16 Procedural Requirements

• PA16
• Recipients must ensure that their counseling
  materials and activities (including student
  program selection and career/employment
  selection), promotional, and recruitment efforts
  do not discriminate on the basis of race, color,
  national origin, sex, or disability.

45
PA 16 Evidence

• Primary Evidence
• Board policy
• Written district protocol

• Secondary Evidence
• Periodicals supporting counseling programs
• District publications related to counseling and
  student placement
• Promotional materials including posters and
  videos.
• Cluster specific materials for promoting careers

46
PA 17 Procedural Requirements

• PA17
• Recipients must ensure that counselors can
  effectively communicate with national origin
  minority students with limited English language
  skills and with students who have hearing
  impairments. This requirement may be satisfied
  by having interpreters available.

47
PA 17 Evidence

• Primary Evidence
• Board policy
• Written district protocol

• Secondary Evidence
• Master Schedule
• Purchase orders
• Invoices
• Special population records ( IEP, 504 and LPAC )
• Counseling material list
• Contracts for needed providers
• Calendar of required events.
• Career Day promotional information

48
PA 18 Procedural Requirements

• PA18
• Recipients that operate vocational education
  programs must ensure that counselors do not
  direct or urge any student to enroll in a
  particular career or program, or measure or
  predict a students prospects of success in any
  career or program based on the students race,
  color, national origin, sex, or disability.
  Recipients may not counsel students with
  disabilities toward more restrictive career
  objectives than non-disabled students with
  similar abilities and interests.

49
PA 18 Evidence

• Primary Evidence
• Board policy
• Written district protocol

• Secondary Evidence
• Training records including calendar of events
• Counselor sign in sheets for training
• Assessment plans
• Counseling software
• 4 Year Plans
• Program enrollment demographics
• Records that document service provided

50
PA 19 Procedural Requirements

• PA19
• When a student with a disability who qualifies
  for special education services is considered for
  placement in CTE courses, the Admission Review,
  and Dismissal (ARD) committee includes all
  required staff.

51
PA 19 Evidence

• Primary Evidence
• Board policy
• Written district protocol for compliance
• Adopted guidelines

• Secondary Evidence
• ARD/LPAC/504 sign in sheets
• Teacher interviews
• Student and parent interviews

52
PA 20 Procedural Requirements

• PA20
• The LEA ensures that facilities for students with
  disabilities and the services and activities
  provided therein are comparable to the other
  facilities, services, and activities of the LEA.

53
PA 20 Evidence

• Secondary Evidence
• Master Schedule
• Building Schematic
• Individual student schedules
• Student CUM folders
• Student SPED/ 504 LPAC records
• Building walkthrough

• Primary Evidence
• Board Policy

54
PA 21 Procedural Requirements

• PA21
• Disabled students must not be excluded from
  vocational, career, or academic programs,
  courses, services, or activities due to equipment
  barriers or because necessary related aids and
  services or auxiliary aids are not available.

55
PA 21 Evidence

• Secondary Evidence
• Master Schedule
• Building Schematic
• Individual student schedules
• Student CUM folders
• Student SPED/ 504 LPAC records
• Equipment inventory
• Written district protocol for tracking students
  by protected class or qualifying status.
• Purchase orders - Invoices
• Inventory of required aids

• Primary Evidence
• Board Policy

56
PA 22 Procedural Requirements

• PA22
• Students in a CTE program who are visually
  impaired, hearing impaired, and/or speech
  impaired have the opportunity to receive and
  present communication in a manner that is
  appropriate and effective. In addition, the LEA
  ensures that counseling services are provided to
  such students.

57
PA 22 Evidence

• Secondary Evidence
• Purchase orders
• Invoices
• Inventory of specialized assistive devices
• Contracts for special service providers
• List of qualified staff
• Student Special Population eligibility folders
  including IEP, 504 and LPAC records.
• Written evidence of distribution of procedural
  safeguards

• Primary Evidence
• Board Policy

58
PA 23 Procedural Requirements

• PA23
• The LEA ensures that communications with
  applicants and members of the public with
  disabilities are as effective as communications
  with others. Communication support is provided in
  a manner that enables people with disabilities to
  participate on an equal basis with all others,
  unless to do so would result in a fundamental
  alteration in the nature of a service, program,
  or activity or an undue financial or
  administrative burden.

59
PA 23 Evidence

• Primary Evidence
• Board policy
• Written district protocol
• Adopted guidelines

• Secondary Evidence
• List of district resources including staff and
  contracted service providers.
• Sign in and out sheets for required aides.
• Sign in and out sheets for contract providers

60
PA 24 Procedural Requirements

• PA24
• Signage is provided at all entrances to an LEA's
  facilities that direct users to an accessible
  entrance or to a location at which they can
  obtain information about accessible facilities.
  In compliance with the applicable Accessibility
  Standards (American National Standards Institute,
  Uniform Federal Accessibility Standards, or ADA),
  signage is appropriately placed for parking
  areas, exits, elevators, restrooms, classrooms,
  and stairways.

61
PA 24 Evidence

• Primary Evidence
• Board policy
• Written district protocol

• Secondary Evidence
• On site walkthrough documentation for signage
  including parking, ramp access, Braille,
  accessible routes, entry and exit routes to
  building, sign letter contrast, wall mounted
  instructions, handicapped restrooms, appropriate
  seating for handicapped,

62
PA 25 Procedural Requirements

• PA25
• Membership in CTE student organizations operated,
  administered, or sponsored by an LEA are
  available to all students in the instructional
  program without regard to race, color, national
  origin, sex, or disability.

63
PA 25 Evidence

• Primary Evidence
• Written District Protocol

• Secondary Evidence
• Student organization lists maintained and
  inclusive of special populations
• Program policies that insure access is free of
  discrimination
• Staff interviews
• Resources designed to promote special population
  student participation in CTSOs and other student
  organizations

64
PA 26 Procedural Requirements

• PA26
• The LEA makes opportunities available to students
  in work-study, career preparation education, and
  job placement programs without regard to race,
  color, national origin, sex, or disability and
  does not enter into any arrangement with an
  agency, union, business, or other sponsor that
  discriminates against the LEAs students on the
  basis of race, color, national origin, sex, or
  disability in recruitment, hiring, placement,
  assignment to work tasks, hours of employment,
  levels of responsibility, or pay.

65
PA 26 Evidence

• Secondary Evidence
• Master Schedule
• Individual student schedules
• Course cluster matrix
• Student 4 year plan
• Written district protocol for tracking students
  assigned to WBL
• List of cooperating community organizations and
  businesses.
• Statement of non-discrimination
• Written contracts with service providers

• Primary Evidence
• Board policy
• Written district protocol

66
PA 26 Evidence Cont

• Secondary Evidence
• Documents that support student referrals for WBL
  and Career Prep opportunities.
• Written agreements with sponsors, unions and
  other interested parties.
• LEA demographic information
• Campus specific demographic information

• Primary Evidence
• Board policy
• Written district protocol

67
PA 27 Procedural Requirements

• PA27
• The LEA operating vocational programs ensures
  that students in protected groups do not drop out
  of vocational education programs before
  completion due to unequal treatment or because of
  a lack of services to meet language or disability
  related needs.

68
PA 27 Evidence

• Primary Evidence
• Written District Protocol
• District Improvement Plan
• Campus Improvement Plan

• Secondary Evidence
• Written counseling strategies for intervention
• Written evidence of parent inclusion in placement
  issues and withdrawal considerations
• Transition plans
• Written student 4 year plan reflecting course of
  study commitment

69
PA 27 Evidence Cont

• Primary Evidence
• Written District Protocol
• District Improvement Plan
• Campus Improvement Plan

• Secondary Evidence
• Campus and district plans for addressing and
  tracking issues related to dropout rate.
• PBMAS Data and protocol for sharing with all
  staff.
• Training records indicating where information has
  been shared with all staff.
• Protocol for disaggregating data related to
  dropout

70
PA 28 Procedural Requirement

• PA28
• The LEAs recruitment, employment, and promotion
  practices and procedures are free from
  discrimination against CTE employees or
  applicants on the basis of race, color, national
  origin, sex, disability, or age.

71
PA 28 Evidence

• Primary Evidence
• Board policy
• HR policy

• Secondary Evidence
• Written evidence policies have been conveyed to
  all staff
• Training calendar
• Training sign in sheets
• Employee job descriptions
• Employment applications
• Non discrimination statement regarding
  application and employment
• List of sources for advertising employment

72
PA 29 Procedural Requirement

• PA29
• The LEA assures that it has established and
  maintained faculty salary scales and policies
  based upon the conditions and responsibilities of
  employment without regard to race, color,
  national origin, sex, disability, or age.

73
PA 29 Evidence

• Primary Evidence
• Board policy
• HR policy

• Secondary Evidence
• District salary scale
• Employee contracts
• Written district protocol for tracking employee
  demographic data
• Evidence of marketing efforts within hiring and
  promotion practices.
• Job descriptions
• Staff interviews

74
PA 30 Procedural Requirement

• PA30
• The LEA has addressed complaints based on race,
  color, national origin, sex, disability, or age.

75
PA 30 Evidence

• Primary Evidence
• Board policy

• Secondary Evidence
• Active and dormant files regarding employee
  complaints
• Evidence of at least one grievance within the
  past 2 years.
• Training records
• Staff sign in sheets for training
• Staff interviews