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Civil Rights

Methods of Administration (MOA)

The Division of Professional-Technical Education (DPTE) is responsible to ensure secondary and postsecondary professional-technical education programs comply with the following federal nondiscrimination statutes.

1. Title II of the Americans with Disabilities Act of 1990, and its implementing regulation at 28 C.F.R. Part 35 (Title II), which prohibits discrimination on the basis of disability by public entities; and other relevant regulations.

2. Title VI of the Civil Rights Act of 1964, and its implementing regulation at 34 C.F.R., Part 100 (Title VI), which prohibits discrimination on the basis of race, color, and national origin by recipients of federal financial assistance;

3. Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R., part 106 (Title IX), which prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance;

4. Section 504 of the Rehabilitation Act of 1973, and its implementing regulations at 34 C.F.R, Part 104 (Section 504), which prohibits discrimination on the basis of disability by recipients of federal financial assistance;

5. Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Vocational Education Programs, 34 C.F.R. Part 100, Appendix B (Guidelines)

This responsibility is accomplished by conducting comprehensive Methods of Administration (MOA) reviews of secondary and postsecondary subrecipients of federal funding, including Carl D. Perkins funds. The purpose of the review is to ensure subrecipients provide equal access to professional-technical education programs and do not discriminate on the basis of race, color, national origin, sex (gender), or disabilities.

The Review Process

Targeting Plan

Every two years the DPTE submits a plan for conducting reviews of professional technical programs to the U.S. Department of Education Office of Civil Rights. The plan includes all secondary and postsecondary subrecipients of federal funds that deliver professional-technical education programs. During the two year cycle, a minimum of seven secondary schools and one technical college are selected for reviews.

Selection Criteria

The MOA selection process uses PTE enrollment data to compare professional-technical program enrollments in three categories:

1. Schools which enroll professional-technical students of one race, color, or national origin in substantially greater or less proportions than the representation in the school’s service area.
2. Schools which enroll professional-technical students of one sex in substantially greater or lesser proportions than the representation in the school’s service area.
3. A comparison of total student population with disabilities to professional-technical students with disabilities.

Results of the enrollment data comparison indentify the subrecipients that are selected for MOA reviews each year.

Reviews

The purpose of the on-site review is to verify data and obtain additional information pertaining to the compliance standards. MOA on-site reviews are not professional-technical education program reviews but are reviews to provide an opportunity to help subrecipients identify civil rights issues and develop corrective action plans.

Procedure:
1. Subrecipients are identified.
2. MOA Coordinator schedules on-site review with the subrecipient.

a. Secondary on-site reviews are scheduled for two days.
b. Postsecondary on-reviews are scheduled for three to five days.

3. The MOA Coordinator also compiles and reviews additional data and documentation prior to the review.
4. An on-site review checklist is provided to the subrecipient prior to the review. Copies of the on-site checklist are available by contacting the MOA Coordinator.
5. An exit briefing of the initial findings and the follow-up process for the Letter of Findings is conducted before leaving the campus.

After the Review

1. After the on-site review is completed a Letter of Findings is provided to the appropriate administrator, usually the superintendent or college president.
2. The Letter of Findings includes the completed on-site checklist with results of each review standard. If violations of the standards exist, corrective action is required and a corrective action plan will be developed by the subrecipient and approved by the MOA Coordinator. This process culminates when the required corrective actions are completed and validated.
3. Results of the on-site reviews are forwarded to the U.S. Department of Education Office of Civil Rights for final review.