Appendix B to Part 100 - Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs
34:1.2.1.1.1.0.121.14.12 : Appendix B
Appendix B to Part 100 - Guidelines for Eliminating Discrimination
and Denial of Services on the Basis of Race, Color, National
Origin, Sex, and Handicap in Vocational Education Programs I. Scope
and Coverage A. Application of Guidelines
These Guidelines apply to recipients of any Federal financial
assistance from the Department of Education that offer or
administer programs of vocational education or training. This
includes State agency recipients.
B. Definition of Recipient
The definition of recipient of Federal financial
assistance is established by Department regulations implementing
Title VI, Title IX, and Section 504 (34 CFR 100.13(i), 106.2(h),
104.3(f).
For the purposes of Title VI:
The term recipient means any State, political subdivision
of any State, or instrumentality of any State or political
subdivision, any public or private agency, institution, or
organization, or other entity, or any individual, in any State, to
whom Federal financial assistance is extended, directly or through
another recipient, for any program, including any successor,
assignee, or transferee thereof, but such terms does not include
any ultimate beneficiary [e.g., students] under any such program.
(34 CFR 100.13(i)).
For the purposes of Title IX:
Recipient means any State or political subdivision
thereof, or any instrumentality of a State or political subdivision
thereof, any public or private agency, institution, or
organization, or other entity, or any person to whom Federal
financial assistance is extended, directly or through another
recipient and which operates an education program or activity which
receives or benefits from such assistance, including any subunit,
successor, assignee, or transferee thereof. (34 CFR 106.2(h)).
For the purposes of Section 504:
Recipient means any State or its political subdivision
any instrumentality of a State or its political subdivision, any
public or private agency, institution, or organization, or other
entity, or any person to which Federal financial assistance is
extended, directly or through another recipient, including any
successor, assignee, or transferee of a recipient, but excluding
the ultimate beneficiary of the assistance. (34 CFR 104.3(f)).
C. Examples of Recipients Covered by These Guidelines
The following education agencies, when they provide vocational
education, are examples of recipients covered by these
Guidelines:
1. The board of education of a public school district and its
administrative agency.
2. The administrative board of a specialized vocational high
school serving students from more than one school district.
3. The administrative board of a technical or vocational school
that is used exclusively or principally for the provision of
vocational education to persons who have completed or left high
school (including persons seeking a certificate or an associate
degree through a vocational program offered by the school) and who
are available for study in preparation for entering the labor
market.
4. The administrative board of a postsecondary institution, such
as a technical institute, skill center, junior college, community
college, or four year college that has a department or division
that provides vocational education to students seeking immediate
employment, a certificate or an associate degree.
5. The administrative board of a proprietary (private)
vocational education school.
6. A State agency recipient itself operating a vocational
education facility.
D. Examples of Schools to Which These Guidelines Apply
The following are examples of the types of schools to which
these Guidelines apply.
1. A junior high school, middle school, or those grades of a
comprehensive high school that offers instruction to inform,
orient, or prepare students for vocational education at the
secondary level.
2. A vocational education facility operated by a State
agency.
3. A comprehensive high school that has a department exclusively
or principally used for providing vocational education; or that
offers at least one vocational program to secondary level students
who are available for study in preparation for entering the labor
market; or that offers adult vocational education to persons who
have completed or left high school and who are available for study
in preparation for entering the labor market.
4. A comprehensive high school, offering the activities
described above, that receives students on a contract basis from
other school districts for the purpose of providing vocational
education.
5. A specialized high school used exclusively or principally for
the provision of vocational education, that enrolls students form
one or more school districts for the purpose of providing
vocational education.
6. A technical or vocational school that primarily provides
vocational education to persons who have completed or left high
school and who are available for study in preparation for entering
the labor market, including students seeking an associate degree or
certificate through a course of vocational instruction offered by
the school.
7. A junior college, a community college, or four-year college
that has a department or division that provides vocational
education to students seeking immediate employment, an associate
degree or a certificate through a course of vocational instruction
offered by the school.
8. A proprietary school, licensed by the State that offers
vocational education.
Note:
Subsequent sections of these Guidelines may use the term
secondary vocational education center in referring to the
institutions described in paragraphs 3, 4 and 5 above or the term
postsecondary vocational education center in referring to
institutions described in paragraphs 6 and 7 above or the term
vocational education center in referring to any or all
institutions described above.
II. Responsibilities Assigned Only to State Agency Recipients A.
Responsibilities of All State Agency Recipients
State agency recipients, in addition to complying with all other
provisions of the Guidelines relevant to them, may not require,
approve of, or engage in any discrimination or denial of services
on the basis of race, color, national origin, sex, or handicap in
performing any of the following activities:
1. Establishment of criteria or formulas for distribution of
Federal or State funds to vocational education programs in the
State;
2. Establishment of requirements for admission to or
requirements for the administration of vocational education
programs;
3. Approval of action by local entities providing vocational
education. (For example, a State agency must ensure compliance with
Section IV of these Guidelines if and when it reviews a vocational
education agency decision to create or change a geographic service
area.);
4. Conducting its own programs. (For example, in employing its
staff it may not discriminate on the basis of sex or handicap.)
B. State Agencies Performing Oversight Responsibilities
The State agency responsible for the administration of
vocational education programs must adopt a compliance program to
prevent, identify and remedy discrimination on the basis of race,
color, national origin, sex or handicap by its subrecipients. (A
“subrecipient,” in this context, is a local agency or vocational
education center that receives financial assistance through a State
agency.) This compliance program must include:
1. Collecting and analyzing civil rights related data and
information that subrecipients compile for their own purposes or
that are submitted to State and Federal officials under existing
authorities;
2. Conducting periodic compliance reviews of selected
subrecipients (i.e., an investigation of a subrecipient to
determine whether it engages in unlawful discrimination in any
aspect of its program); upon finding unlawful discrimination,
notifying the subrecipient of steps it must take to attain
compliance and attempting to obtain voluntary compliance;
3. Providing technical assistance upon request to subrecipients.
This will include assisting subrecipients to identify unlawful
discrimination and instructing them in remedies for and prevention
of such discrimination;
4. Periodically reporting its activities and findings under the
foregoing paragraphs, including findings of unlawful discrimination
under paragraph 2, immediately above, to the Office for Civil
Rights.
State agencies are not required to terminate or defer assistance
to any subrecipient. Nor are they required to conduct hearings. The
responsibilities of the Office for Civil Rights to collect and
analyze data, to conduct compliance reviews, to investigate
complaints and to provide technical assistance are not diminished
or attenuated by the requirements of Section II of the
Guidelines.
C. Statement of Procedures and Practices
Within one year from the publication of these Guidelines in
final form, each State agency recipient performing oversight
responsibilities must submit to the Office for Civil Rights the
methods of administration and related procedures it will follow to
comply with the requirements described in paragraphs A and B
immediately above. The Department will review each submission and
will promptly either approve it, or return it to State officials
for revision.
III. Distribution of Federal Financial Assistance and Other Funds
for Vocational Education A. Agency Responsibilities
Recipients that administer grants for vocational education must
distribute Federal, State, or local vocational education funds so
that no student or group of students is unlawfully denied an equal
opportunity to benefit from vocational education on the basis of
race, color, national origin, sex, or handicap.
B. Distribution of Funds
Recipients may not adopt a formula or other method for the
allocation of Federal, State, or local vocational education funds
that has the effect of discriminating on the basis of race, color,
national origin, sex, or handicap. However, a recipient may adopt a
formula or other method of allocation that uses as a factor race,
color, national origin, sex, or handicap [or an index or proxy for
race, color, national origin, sex, or handicap e.g., number of
persons receiving Aid to Families with Dependent Children or with
limited English speaking ability] if the factor is included to
compensate for past discrimination or to comply with those
provisions of the Vocational Education Amendments of 1976 designed
to assist specified protected groups.
C. Example of a Pattern Suggesting Unlawful Discrimination
In each State it is likely that some local recipients will
enroll greater proportions of minority students in vocational
education than the State-wide proportion of minority students in
vocational education. A funding formula or other method of
allocation that results in such local recipients receiving
per-pupil allocations of Federal or State vocational education
funds lower than the State-wide average per-pupil allocation will
be presumed unlawfully discriminatory.
D. Distribution Through Competitive Grants or Contracts
Each State agency that establishes criteria for awarding
competitive vocational education grants or contracts must establish
and apply the criteria without regard to the race, color, national
origin, sex, or handicap of any or all of a recipient's students,
except to compensate for past discrimination.
E. Application Processes for Competitive or Discretionary Grants
State agencies must disseminate information needed to satisfy
the requirements of any application process for competitive or
discretionary grants so that all recipients, including those having
a high percentage of minority or handicapped students, are informed
of and able to seek funds. State agencies that provide technical
assistance for the completion of the application process must
provide such assistance without discrimination against any one
recipient or class of recipients.
F. Alteration of Fund Distribution to Provide Equal Opportunity
If the Office for Civil Rights finds that a recipient's system
for distributing vocational education funds unlawfully
discriminates on the basis of race, color, national origin, sex, or
handicap, it will require the recipient to adopt an alternative
nondiscriminatory method of distribution. The Office for Civil
Rights may also require the recipient to compensate for the effects
of its past unlawful discrimination in the distribution of
funds.
IV. Access and Admission of Students to Vocational Education
Programs A. Recipient Responsibilities
Criteria controlling student eligibility for admission to
vocational education schools, facilities and programs may not
unlawfully discriminate on the basis of race, color, national
origin, sex, or handicap. A recipient may not develop, impose,
maintain, approve, or implement such discriminatory admissions
criteria.
B. Site Selection for Vocational Schools
State and local recipients may not select or approve a site for
a vocational education facility for the purpose or with the effect
of excluding, segregating, or otherwise discriminating against
students on the basis of race, color, or national origin.
Recipients must locate vocational education facilities at sites
that are readily accessible to both nonminority and minority
communities, and that do not tend to identify the facility or
program as intended for nonminority or minority students.
C. Eligibility for Admission to Vocational Education Centers Based
on Residence
Recipients may not establish, approve or maintain geographic
boundaries for a vocational education center service area or
attendance zone, (hereinafter “service area”), that unlawfully
exclude students on the basis of race, color, or national origin.
The Office for Civil Rights will presume, subject to rebuttal, that
any one or combination of the following circumstances indicates
that the boundaries of a given service area are unlawfully
constituted:
1. A school system or service area contiguous to the given
service area, contains minority or nonminority students in
substantially greater proportion than the given service area;
2. A substantial number of minority students who reside outside
the given vocational education center service area, and who are not
eligible for the center reside, nonetheless, as close to the center
as a substantial number of non-minority students who are eligible
for the center;
3. The over-all vocational education program of the given
service area in comparison to the over-all vocational education
program of a contiguous school system or service area enrolling a
substantially greater proportion of minority students:
(a) Provides its students with a broader range of curricular
offerings, facilities and equipment; or (b) provides its graduates
greater opportunity for employment in jobs:
(i) For which there is a demonstrated need in the community or
region; (ii) that pay higher entry level salaries or wages; or
(iii) that are generally acknowledged to offer greater prestige or
status.
D. Additions and Renovations to Existing Vocational Education
Facilities
A recipient may not add to, modify, or renovate the physical
plant of a vocational education facility in a manner that creates,
maintains, or increases student segregation on the basis of race,
color, national origin, sex, or handicap.
E. Remedies for Violations of Site Selection and Geographic Service
Area Requirements
If the conditions specified in paragraphs IV, A, B, C, or D,
immediately above, are found and not rebutted by proof of
nondiscrimination, the Office for Civil Rights will require the
recipient(s) to submit a plan to remedy the discrimination. The
following are examples of steps that may be included in the plan,
where necessary to overcome the discrimination:
(1) Redrawing of the boundaries of the vocational education
center's service area to include areas unlawfully excluded and/or
to exclude areas unlawfully included; (2) provision of
transportation to students residing in areas unlawfully excluded;
(3) provision of additional programs and services to students who
would have been eligible for attendance at the vocational education
center but for the discriminatory service area or site selection;
(4) reassignment of students; and (5) construction of new
facilities or expansion of existing facilities.
F. Eligibility for Admission to Secondary Vocational Education
Centers Based on Numerical Limits Imposed on Sending Schools
A recipient may not adopt or maintain a system for admission to
a secondary vocational education center or program that limits
admission to a fixed number of students from each sending school
included in the center's service area if such a system
disproportionately excludes students from the center on the basis
of race, sex, national origin or handicap. (Example: Assume 25
percent of a school district's high school students are black and
that most of those black students are enrolled in one high school;
the white students, 75 percent of the district's total enrollment,
are generally enrolled in the five remaining high schools. This
paragraph prohibits a system of admission to the secondary
vocational education center that limits eligibility to a fixed and
equal number of students from each of the district's six high
schools.)
G. Remedies for Violation of Eligibility Based on Numerical Limits
Requirements
If the Office for Civil Rights finds a violation of paragraph F,
above, the recipient must implement an alternative system of
admissions that does not disproportionately exclude students on the
basis of race, color, national origin, sex, or handicap.
H. Eligibility for Admission to Vocational Education Centers,
Branches or Annexes Based Upon Student Option
A vocational education center, branch or annex, open to all
students in a service area and predominantly enrolling minority
students or students of one race, national origin or sex, will be
presumed unlawfully segregated if:
(1) It was established by a recipient for members of one race,
national origin or sex; or (2) it has since its construction been
attended primarily by members of one race, national origin or sex;
or (3) most of its program offerings have traditionally been
selected predominantly by members of one race, national origin or
sex.
I. Remedies for Facility Segregation Under Student Option Plans
If the conditions specified in paragraph IV-H are found and not
rebutted by proof of nondiscrimination, the Office for Civil Rights
will require the recipient(s) to submit a plan to remedy the
segregation. The following are examples of steps that may be
included in the plan, where necessary to overcome the
discrimination:
(1) Elimination of program duplication in the segregated
facility and other proximate vocational facilities; (2) relocation
or “clustering” of programs or courses; (3) adding programs and
courses that traditionally have been identified as intended for
members of a particular race, national origin or sex to schools
that have traditionally served members of the other sex or
traditionally served persons of a different race or national
origin; (4) merger of programs into one facility through school
closings or new construction; (5) intensive outreach recruitment
and counseling; (6) providing free transportation to students whose
enrollment would promote desegregation.
J. [Reserved] K. Eligibility Based on Evaluation of Each Applicant
Under Admissions Criteria
Recipients may not judge candidates for admission to vocational
education programs on the basis of criteria that have the effect of
disproportionately excluding persons of a particular race, color,
national origin, sex, or handicap. However, if a recipient can
demonstrate that such criteria have been validated as essential to
participation in a given program and that alternative equally valid
criteria that do not have such a disproportionate adverse effect
are unavailable, the criteria will be judged nondiscriminatory.
Examples of admissions criteria that must meet this test are past
academic performance, record of disciplinary infractions,
counselors' approval, teachers' recommendations, interest
inventories, high school diplomas and standardized tests, such as
the Test of Adult Basic Education (TABE).
An introductory, preliminary, or exploratory course may not be
established as a prerequisite for admission to a program unless the
course has been and is available without regard to race, color,
national origin, sex, and handicap. However, a course that was
formerly only available on a discriminatory basis may be made a
prerequisite for admission to a program if the recipient can
demonstrate that:
(a) The course is essential to participation in the program;
and (b) the course is presently available to those seeking
enrollment for the first time and to those formerly excluded.
L. Eligibility of National Origin Minority Persons With Limited
English Language Skills
Recipients may not restrict an applicant's admission to
vocational education programs because the applicant, as a member of
a national origin minority with limited English language skills,
cannot participate in and benefit from vocational instruction to
the same extent as a student whose primary language is English. It
is the responsibility of the recipient to identify such applicants
and assess their ability to participate in vocational
instruction.
Acceptable methods of identification include: (1) Identification
by administrative staff, teachers, or parents of secondary level
students; (2) identification by the student in postsecondary or
adult programs; and (3) appropriate diagnostic procedures, if
necessary.
Recipients must take steps to open all vocational programs to
these national origin minority students. A recipient must
demonstrate that a concentration of students with limited English
language skills in one or a few programs is not the result of
discriminatory limitations upon the opportunities available to such
students.
M. Remedial Action in Behalf of Persons With Limited English
Language Skills
If the Office for Civil Rights finds that a recipient has denied
national origin minority persons admission to a vocational school
or program because of their limited English language skills or has
assigned students to vocational programs solely on the basis of
their limited English language skills, the recipient will be
required to submit a remedial plan that insures national origin
minority students equal access to vocational education
programs.
N. Equal Access for Handicapped Students
Recipients may not deny handicapped students access to
vocational education programs or courses because of architectural
or equipment barriers, or because of the need for related aids and
services or auxiliary aids. If necessary, recipients must:
(1) Modify instructional equipment; (2) modify or adapt the
manner in which the courses are offered; (3) house the program in
facilities that are readily accessible to mobility impaired
students or alter facilities to make them readily accessible to
mobility impaired students; and (4) provide auxiliary aids that
effectively make lectures and necessary materials available to
postsecondary handicapped students; (5) provide related aids or
services that assure secondary students an appropriate
education.
Academic requirements that the recipient can demonstrate are
essential to a program of instruction or to any directly related
licensing requirement will not be regarded as discriminatory.
However, where possible, a recipient must adjust those requirements
to the needs of individual handicapped students.
Access to vocational programs or courses may not be denied
handicapped students on the ground that employment opportunities in
any occupation or profession may be more limited for handicapped
persons than for non-handicapped persons.
O. Public Notification
Prior to the beginning of each school year, recipients must
advise students, parents, employees and the general public that all
vocational opportunities will be offered without regard to race,
color, national origin, sex, or handicap. Announcement of this
policy of non-discrimination may be made, for example, in local
newspapers, recipient publications and/or other media that reach
the general public, program beneficiaries, minorities (including
national origin minorities with limited English language skills),
women, and handicapped persons. A brief summary of program
offerings and admission criteria should be included in the
announcement; also the name, address and telephone number of the
person designated to coordinate Title IX and Section 504 compliance
activity.
If a recipient's service area contains a community of national
origin minority persons with limited English language skills,
public notification materials must be disseminated to that
community in its language and must state that recipients will take
steps to assure that the lack of English language skills will not
be a barrier to admission and participation in vocational education
programs.
V. Counseling and Prevocational Programs A. Recipient
Responsibilities
Recipients must insure 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 handicap.
B. Counseling and Prospects for Success
Recipients that operate vocational education programs must
insure that counselors do not direct or urge any student to enroll
in a particular career or program, or measure or predict a
student's prospects for success in any career or program based upon
the student's race, color, national origin, sex, or handicap.
Recipients may not counsel handicapped students toward more
restrictive career objectives than nonhandicapped students with
similar abilities and interests. If a vocational program
disproportionately enrolls male or female students, minority or
nonminority students, or handicapped students, recipients must take
steps to insure that the disproportion does not result from
unlawful discrimination in counseling activities.
C. Student Recruitment Activities
Recipients must conduct their student recruitment activities so
as not to exclude or limit opportunities on the basis of race,
color, national origin, sex, or handicap. Where recruitment
activities involve the presentation or portrayal of vocational and
career opportunities, the curricula and programs described should
cover a broad range of occupational opportunities and not be
limited on the basis of the race, color, national origin, sex, or
handicap of the students or potential students to whom the
presentation is made. Also, to the extent possible, recruiting
teams should include persons of different races, national origins,
sexes, and handicaps.
D. Counseling of Students With Limited English-Speaking Ability or
Hearing Impairments
Recipients must insure 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.
E. Promotional Activities
Recipients may not undertake promotional efforts (including
activities of school officials, counselors, and vocational staff)
in a manner that creates or perpetuates stereotypes or limitations
based on race, color, national origin, sex or handicap. Examples of
promotional efforts are career days, parents' night, shop
demonstrations, visitations by groups of prospective students and
by representatives from business and industry. Materials that are
part of promotional efforts may not create or perpetuate
stereotypes through text or illustration. To the extent possible
they should portray males or females, minorities or handicapped
persons in programs and occupations in which these groups
traditionally have not been represented. If a recipient's service
area contains a community of national origin minority persons with
limited English language skills, promotional literature must be
distributed to that community in its language.
VI. Equal Opportunity in the Vocational Education Instructional
Setting A. Accommodations For Handicapped Students
Recipients must place secondary level handicapped students in
the regular educational environment of any vocational education
program to the maximum extent appropriate to the needs of the
student unless it can be demonstrated that the education of the
handicapped person in the regular environment with the use of
supplementary aids and services cannot be achieved satisfactorily.
Handicapped students may be placed in a program only after the
recipient satisfies the provisions of the Department's Regulation,
34 CFR, part 104, relating to evaluation, placement, and procedural
safeguards. If a separate class or facility is identifiable as
being for handicapped persons, the facility, the programs, and the
services must be comparable to the facilities, programs, and
services offered to nonhandicapped students.
B. Student Financial Assistance
Recipients may not award financial assistance in the form of
loans, grants, scholarships, special funds, subsidies, compensation
for work, or prizes to vocational education students on the basis
of race, color, national origin, sex, or handicap, except to
overcome the effects of past discrimination. Recipients may
administer sex restricted financial assistance where the assistance
and restriction are established by will, trust, bequest, or any
similar legal instrument, if the overall effect of all financial
assistance awarded does not discriminate on the basis of sex.
Materials and information used to notify students of opportunities
for financial assistance may not contain language or examples that
would lead applicants to believe the assistance is provided on a
discriminatory basis. If a recipient's service area contains a
community of national origin minority persons with limited English
language skills, such information must be disseminated to that
community in its language.
C. Housing In Residential Postsecondary Vocational Education
Centers
Recipients must extend housing opportunities without
discrimination based on race, color, national origin, sex, or
handicap. This obligation extends to recipients that provide
on-campus housing and/or that have agreements with providers of
off-campus housing. In particular, a recipient postsecondary
vocational education program that provides on-campus or off-campus
housing to its nonhandicapped students must provide, at the same
cost and under the same conditions, comparable convenient and
accessible housing to handicapped students.
D. Comparable Facilities
Recipients must provide changing rooms, showers, and other
facilities for students of one sex that are comparable to those
provided to students of the other sex. This may be accomplished by
alternating use of the same facilities or by providing separate,
comparable facilities.
Such facilities must be adapted or modified to the extent
necessary to make the vocational education program readily
accessible to handicapped persons.
VII. Work Study, Cooperative Vocational Education, Job Placement,
and Apprentice Training A. Responsibilities in Cooperative
Vocational Education Programs, Work-Study Programs, and Job
Placement Programs
A recipient must insure that: (a) It does not discriminate
against its students on the basis of race, color, national origin,
sex, or handicap in making available opportunities in cooperative
education, work study and job placement programs; and (b) students
participating in cooperative education, work study and job
placement programs are not discriminated against by employers or
prospective employers on the basis of race, color, national origin,
sex, or handicap in recruitment, hiring, placement, assignment to
work tasks, hours of employment, levels of responsibility, and in
pay.
If a recipient enters into a written agreement for the referral
or assignment of students to an employer, the agreement must
contain an assurance from the employer that students will be
accepted and assigned to jobs and otherwise treated without regard
to race, color, national origin, sex, or handicap.
Recipients may not honor any employer's request for students who
are free of handicaps or for students of a particular race, color,
national origin, or sex. In the event an employer or prospective
employer is or has been subject to court action involving
discrimination in employment, school officials should rely on the
court's findings if the decision resolves the issue of whether the
employer has engaged in unlawful discrimination.
B. Apprentice Training Programs
A recipient may not enter into any agreement for the provision
or support of apprentice training for students or union members
with any labor union or other sponsor that discriminates against
its members or applicants for membership on the basis of race,
color, national origin, sex, or handicap. If a recipient enters
into a written agreement with a labor union or other sponsor
providing for apprentice training, the agreement must contain an
assurance from the union or other sponsor:
(1) That it does not engage in such discrimination against its
membership or applicants for membership; and (2) that apprentice
training will be offered and conducted for its membership free of
such discrimination.
VIII. Employment of Faculty and Staff A. Employment Generally
Recipients may not engage in any employment practice that
discriminates against any employee or applicant for employment on
the basis of sex or handicap. Recipients may not engage in any
employment practice that discriminates on the basis of race, color,
or national origin if such discrimination tends to result in
segregation, exclusion or other discrimination against
students.
B. Recruitment
Recipients may not limit their recruitment for employees to
schools, communities, or companies disproportionately composed of
persons of a particular race, color, national origin, sex, or
handicap except for the purpose of overcoming the effects of past
discrimination. Every source of faculty must be notified that the
recipient does not discriminate in employment on the basis of race,
color, national origin, sex, or handicap.
C. Patterns Of Discrimination
Whenever the Office for Civil Rights finds that in light of the
representation of protected groups in the relevant labor market
there is a significant underrepresentation or overrepresentation of
protected group persons on the staff of a vocational education
school or program, it will presume that the disproportion results
from unlawful discrimination. This presumption can be overcome by
proof that qualified persons of the particular race, color,
national origin, or sex, or that qualified handicapped persons are
not in fact available in the relevant labor market.
D. Salary Policies
Recipients must establish and maintain faculty salary scales and
policy based upon the conditions and responsibilities of
employment, without regard to race, color, national origin, sex or
handicap.
E. Employment Opportunities For Handicapped Applicants
Recipients must provide equal employment opportunities for
teaching and administrative positions to handicapped applicants who
can perform the essential functions of the position in question.
Recipients must make reasonable accommodation for the physical or
mental limitations of handicapped applicants who are otherwise
qualified unless recipients can demonstrate that the accommodation
would impose an undue hardship.
F. The Effects Of Past Discrimination
Recipients must take steps to overcome the effects of past
discrimination in the recruitment, hiring, and assignment of
faculty. Such steps may include the recruitment or reassignment of
qualified persons of a particular race, national origin, or sex, or
who are handicapped.
G. Staff Of State Advisory Councils Of Vocational Education
State Advisory Councils of Vocational Education are recipients
of Federal financial assistance and therefore must comply with
Section VIII of the Guidelines.
H. Employment at State Operated Vocational Education Centers
Through State Civil-Service Authorities
Where recruitment and hiring of staff for State operated
vocational education centers is conducted by a State civil service
employment authority, the State education agency operating the
program must insure that recruitment and hiring of staff for the
vocational education center is conducted in accordance with the
requirements of these Guidelines.
IX. Proprietary Vocational Education Schools A. Recipient
Responsibilities
Proprietary vocational education schools that are recipients of
Federal financial assistance through Federal student assistance
programs or otherwise are subject to all of the requirements of the
Department's regulations and these Guidelines.
B. Enforcement Authority
Enforcement of the provisions of Title IX of the Education
Amendments of 1972 and Section 504 of the Rehabilitation Act of
1973 is the responsibility of the Department of Education. However,
authority to enforce Title VI of the Civil rights Act of 1964 for
proprietary vocational education schools has been delegated to the
Veterans Administration.
When the Office for Civil Rights receives a Title VI complaint
alleging discrimination by a proprietary vocational education
school it will forward the complaint to the Veterans Administration
and cite the applicable requirements of the Department's
regulations and these Guidelines. The complainant will be notified
of such action.
[45 FR 30918, May 9, 1980; 45 FR 37426, June 3, 1980]