Understanding OCR Data

1. Understanding OCR Data 2015 ESEA Directors Institute August 27, 2015

2. Consolidated Planning & Monitoring Quache Spencer OCR and Non-public Manager Quache.Spencer@tn.gov 615-770-1793 (Office) 615-906-4425 (Cell)

3. Agenda

4. Agenda • Purpose of the Civil Rights Data Collection (CRDC) • Civil rights laws behind CRDC • Data snapshots • Log in to the CRDC • Case studies • Questions • Survey

5. Civil Rights Data Collection (CRDC) • The U.S. Department of Education (ED) conducts the Civil Rights Data Collection (CRDC), formerly the Elementary and Secondary School Survey (E&S Survey), to collect data on key education and civil rights issues in our nation's public schools. • The CRDC collects a variety of information including, student enrollment and educational programs and services, disaggregated by race/ethnicity, sex, limited English proficiency and disability. • The CRDC is an important aspect of the overall strategy for administering and enforcing the civil rights statutes for which it is responsible.

6. FEDERAL CIVIL RIGHTS LAWS • Title VI – Race, Color, National Origin • Title IX – Sex Discrimination • Title II – Disability • Section 504 – Disability • These laws  prohibit discrimination in programs or activities that receive Federal funds from the Department of Education

7. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 • Title VI prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance. • Discrimination covered by Title VI includes: • Racial harassment, • School segregation, and • Denial of language services to national-origin-minority students who are limited in their English. 

8. TITLE IX of the Education Amendments of 1972 • Prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. • Failure to provide equal opportunity in athletics; • Discrimination in a school’s science, technology, engineering, and math (STEM) courses and programs; • Discrimination based on gender identity; and • Discrimination based on pregnancy • Prohibited discrimination occurs when a recipient's employees treat students differently on the basis of their sex, or engage in quid pro quo harassment, or when a recipient is aware of a sexually hostile environment and condones, tolerates or allows that environment to exist.

9. Section 504 of the Rehabilitation Act of 1973 /Title II • Prohibit discrimination based on disability in programs or activities receiving federal financial assistance. • Types of discrimination prohibited: • Denial of access to educational programs and facilities, and • Denial of a free appropriate public education (FAPE) for elementary and secondary students.

10. What is “Discrimination?” • Bias or prejudice that results in the denial of opportunity, or unfair treatment regarding selection, promotion, or transfer. • Discrimination is practiced commonly on the grounds of age, disability, ethnicity, origin, race, religion, sex, etc. • Factors which are irrelevant to a person's competence or suitability. • Two Types: Disparate Treatment and Disparate Impact

11. DISPARATE TREATMENT • Discrimination in which the school/district treats some students less favorably than others because of their race, color, religion, sex, or national origin. • Requires proof of discriminatory motive • Example: Testing a particular skill of only a certain race of students.

12. DISPARATE IMPACT • Focuses not on discriminatory intent but instead on discriminatory consequences. • Disparate impact involves practices that are facially neutral in their treatment of different groups but, in fact, fall more harshly on one group than another and cannot be justified by business necessity. • Proof of discriminatory motive is not required under a disparate impact theory. • Example: Testing all applicants and getting results from that test that eliminate a certain race disproportionately.

13. Data Snapshots

14. Data Snapshot: Discipline • Black students represent 16% of the student population, but 32-42% of students suspended or expelled. In comparison, white students also represent a similar range of between 31-40% of students suspended or expelled, but they represent 51% of the student population.

15. Data Snapshot: Discipline • Black students are suspended and expelled at a rate three times greater than white students. On average, 4.6% of white students are suspended, compared to 16.4% of black students.

16. Data Snapshot: Discipline • Racial disparities in discipline begin in the earliest years of schooling. Black students represent 18% of preschool enrollment, but 42% of preschool students suspended once, and 48% of students suspended more than once.

17. Data Snapshot: Discipline • Students with disabilities are more than twice as likely to receive one or more out-of-school suspension as students without disabilities.

18. Data Snapshot: Teacher Equity • Black students are more than four times as likely, and Latino students twice as likely, as their white peers to attend these schools where more than 20% or more of their teachers have not yet met all state certification and licensing requirements.

19. Data Snapshot: College & Career Readiness • Black and Latino students combined represent 37% of high school enrollment, but 27% of students taking AP courses, 26% of students taking AP exams, and 18% of students receiving a qualifying on at least one AP exam.

20. Data That Can Be Found on CRDC Site • LEA/School Characteristics and Membership • Staffing and Finance • Pathways to College and Career Readiness • College and Career Readiness • Discipline, Restraints/Seclusion, Harassment/Bullying

21. Additional Search Options • Custom Charts and Detailed Data Fields • Years available: 2000, 2004, 2006, 2009, 2011 • State and National Estimations • Additional Resources • FAQs/User Guide • Office for Civil Rights (OCR)

22. Civil Rights Data Collection • School and District Search http://ocrdata.ed.gov/ • Available survey year data 2009 and 2011

23. Case Studies

24. CASE STUDIES – What behavior violates Title VI? • On October 1, 2010, the DOJ, the Office for Civil Rights of the U.S. Department of Education, and the Boston Public Schools (BPS) finalized a settlement to resolve violations of ELL students' rights under the Equal Educational Opportunities Act of 1974 and Title VI. • Investigation revealed that 7,000 students • had not been tested in reading and writing to determine if they were ELL students; • many of them were entitled to ELL services; and • over 4,000 known ELL students had been misidentified as having opted out of ELL programs between 2003 and 2009.

25. TITLE IX – Case Studies • JACKSON v. BIRMINGHAM BOARD OF EDUCATION, (2005) • The plaintiffs and the United States alleged that principal Mawhinney sexually harassed the four plaintiff students as well as other female high school students during his ten-year tenure as principal and that the school district violated Title IX by acting with deliberate indifference to known sexual harassment of these students.

26. TITLE IX – Case Studies • JACKSON v. BIRMINGHAM BOARD OF EDUCATION, (2005) • The court approved a consent decree that required the district to: • develop and implement a comprehensive plan that will ensure a discrimination-free educational environment for all students; • retain an expert regarding sexual harassment training and prevention to assist in developing the comprehensive plan, to evaluate the district's sexual harassment policies, to conduct a school climate assessment, and to develop a mandatory training program; • educate school board members; and employees regarding how to respond to sexual harassment complaints; and lastly • the district must pay $152,500 to compensate the student victims and to pay their attorney's fees.

27. TITLE II - Case Studies • M.A. v. Newark Public Schools, (2009) • Parents of students with disabilities who allege that their children were not properly identified, evaluated, and provided with special education services filed a class action lawsuit. • The lawsuit alleges Newark does not have adequate systems in place to comply with the Individuals with Disabilities Education Act (IDEA) and that New Jersey has violated its obligation to supervise local implementation of IDEA requirements. • NJDOE’s Complaint Investigation Reports revealed that Newark had failed to provide an efficient system of identifying, locating, and evaluating disabled children.

28. TDOE OCR Contact • Elizabeth Taylor Director, Office for Civil Rights 615-253-1550 Elizabeth.Taylor@tn.gov • U.S. Department of Education Office for Civil Rights 61 Forsyth St. S.W., Suite 19T10 Atlanta, GA 30303-8927 Telephone: 404-974-9406 FAX: 404-974-9471; TDD: 800-877-8339OCR.Atlanta@ed.gov

29. QuestionsFeedbackTASL Credit Keyword

30. Questions?

31. Feedback Survey • At the end of each day, please help us by providing feedback. • Today, please use the survey link below. • https://www.surveymonkey.com/r/2015-ESEA-Aug-27

32. TASL Credit • In order to receive 14 TASL credits for the 2015 ESEA Directors Institute, the participant must attend two full days, August 26 – 27. • Partial credit cannot be earned. • Use the form provided at the back of the agenda to collect keywords throughout the conference. • After the conference, go online to https://www.surveymonkey.com/r/2015-ESEA-TASLand enter your information. • You will not receive credit if you do not complete the online form by September 4, 2015.

33. FRAUD, WASTE or ABUSE • Citizens and agencies are encouraged to report fraud, waste or abuse in State and Local government. • NOTICE: This agency is a recipient of taxpayer funding. If you observe an agency director or employee engaging in any activity which you consider to be illegal, improper or wasteful, please call the state Comptroller’s toll-free Hotline: • 1-800-232-5454 • Notifications can also be submitted electronically at: • http://www.comptroller.tn.gov/hotline