Required Annual Notification of Nondiscrimination
|Date:||August 3, 2023|
|Subject:||Required Annual Notification of Nondiscrimination|
|Category:||Methods of Administration Regarding Access to CTE Programs|
|Next Steps:||Post notice prior to the start of school|
The purpose of this letter is to provide local educational agencies (LEAs), including school districts and open-enrollment charter schools, with information regarding the 2023–2024 required Annual Notification of Nondiscrimination regarding Career and Technical Education Programs and employment practices.
The Office for Civil Rights (OCR) of the United States Department of Education requires that LEAs provide career and technical education (CTE) programs, services, and activities in accordance with the requirements of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990. The Texas Education Agency (TEA) has regulatory responsibilities for CTE programs in Texas public secondary schools and is required to adopt a civil rights compliance program to identify, remedy, and/or prevent discrimination in the CTE programs operated by LEAs.
Requirements for compliance are found in the document, Vocational Education Programs Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap (Guidelines). A link to the full text can be found at the US Department of Education, Office of Civil Rights Guidelines for Vocational Education Programs.
One important requirement of the Guidelines is that, prior to the beginning of each school year, every district providing CTE programs must notify students, parents, employees, and the public that all career and technical education opportunities will be offered without regard to race, color, national origin, sex, or disability. Local newspapers, social media, websites, or other forms of media that reach the public may be utilized to disseminate the required notification. Information regarding this requirement can be found in Section IV-O of the Guidelines under Public Notification.
An English and Spanish version of a sample public notification form, which includes all required elements for complying with this requirement, may be downloaded from the TEA Methods of Administration (MOA) Guidance. Please note, the Guidelines state that if the LEA “contains a community of national minority persons with limited English language skills, public notification materials must be disseminated to that community in its language and must state that the district 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.” Therefore, if your LEA contains communities who speak languages other than English or Spanish, it also will be necessary for the LEA to prepare and disseminate the required notice in those languages.
An LEA must take continuous steps to notify participants, beneficiaries, applicants, parents, employees (including persons with visual or auditory impairments), other interested parties, and unions or professional organizations holding collective bargaining or professional agreements with the LEA or campus that it does not discriminate on the basis of race, color, national origin, sex, disability, or age. A statement of nondiscrimination shall be included on publications and other materials that are distributed to or accessible by students, parents, applicants, beneficiaries, employees, unions, or professional organizations holding collective bargaining or professional agreements with the district and other interested parties. As noted above, an English and Spanish version of a sample public notification form, which includes all required elements for complying with this requirement, may be downloaded from the TEA Methods of Administration (MOA) Guidance.
Texas Education Agency staff will provide support to districts in complying with the requirement to eliminate discrimination in CTE programs. If additional information is needed, please contact the Division of Special Populations Monitoring at ReviewandSupport@tea.texas.gov or by phone at 512- 463-8363. Information can also be found at TEA Review and Support home page.