Clinton CSD Equity Final Jan 29

8/6/2019 Clinton CSD Equity Final Jan 29

1/37

Helping Communities Meet the Learning Needs of All Their Children and Adults

Grimes State Office Building - 400 E 14th St - Des Moines IA 50319-0146PHONE (515) 281-5294 FAX (515) 242-5988

www.iowa.gov/educate

CHESTER J. CULVER, GOVERNOR DEPARTMENT OF EDUCATPATTY JUDGE, LT. GOVERNOR JUDY A. JEFFREY, DIRECT

January 28, 2010

Richard Basden, SuperintendentClinton Community School District600 South 4

thStreet

Clinton, IA 52732

Dear Superintendent Basden:

The Department of Education would like to express appreciation for the courtesies extended to TomAndersen, Jan Kuhl, Fidelis Ubadigbo, Martha Yerington, and Gary Schwartz during the educationalequity review conducted in conjunction with the comprehensive school improvement site visit at yourschool district on October 26-28, 2009. The purpose of the on-site review was to ascertain thecompliance status of your district in accordance with federal and state civil rights laws including the

Vocational Education Program Guidelines for Eliminating Discrimination.

The primary purpose of this letter is to set forth the findings of the visit. These findings are organizedinto three components: areas of strength and observations, concerns and recommendations, andareas of noncompliance. Legal citations are included where compliance is an issue.

The second purpose of this letter is to formally request a voluntary compliance plan be submitted toDel Hoover within 60 calendar days of the date of this letter, on or before March 29, 2010. Thecompliance plan must directly address each area of noncompliance identified in the letter and mustcontain the components listed in Attachment A, an enclosure with this letter and be signed anddated by the Superintendent. In the event you disagree with the findings of noncompliance, theprocedure for an appeal is also enclosed (See Attachment B).

If you desire clarification of the contents of this letter, please contact Del Hoover, Deputy

Administrator, Division of PreK-12 Education (515/281-8402) or Tom Andersen, Consultant for Equityin School Improvement, Division of PreK-12 Education (515/281-3769). Continued technicalassistance for any issue or concern that may arise within your district is available through theDepartment of Education. Thank you for your cooperation in this matter and your continued interestin ensuring that our educational programs effectively serve all our students.

Sincerely,

Del Hoover, Deputy Division AdministratorDivision of Early Childhood, Elementary and Secondary Education

cc: James McGraw, School Board President

Tom Andersen, Jan Kuhl, Fidelis Ubadigbo, Martha Yerington, Gary Schwartz, Equity Review TeamMembersTom Cooley, AEA 9 CoordinatorEquity Review File

Enclosures: A - Components of Voluntary Compliance PlanB - Appeal ProcessC - Legal Citations


2/37

Educational Equity Review

Clinton Community School District

Summary of Team Findings

October 26-28, 2009

Iowa Department of EducationGrimes State Office Building

Des Moines, Iowa 50319-0146


3/37

Equity Policy, Process, and Procedures

This section includes issues related to the board policies, the functioning of theequity coordinator, the grievance procedure, and the dissemination of informationregarding those three items to parents, staff, students, and the community.

Strengths and/or Observations

1. The Clinton Community School District has an enrollment of 3,981students,fifty one percent (51%) of whom are males and forty-nine percent (49%) ofwhom are females. Forty nine percent (49%) of the Districts studentsqualify for free and reduced lunches. Approximately nineteen percent (19%)of the students have Individual Education Plans (IEPs) and receive specialeducation services. Both the percentage of students who qualify for free andreduced lunches and the percentage of students in special education aresignificantly above the state average. There are forty-seven (47) English

language learners enrolled who are receiving English language assistance.Seventeen percent (17%) of the Districts students represent minority racial /ethnic groups. This includes twenty-four (24) American Indian, fifty-five (55)Asian American, 188 Hispanic, and 408 African American students.

2. The school board has adopted and updated a policy related to non-discrimination in programs and employment. The policy covers bothemployment and programs and includes the protected classes of race,color, national origin, gender, disability, age, religion, creed, marital status,sexual orientation, gender identity, and socioeconomic status. The policyprovides a support and direction for the administration and staff toimplement a proactive equity program.

3. The school board has adopted and updated policies related to harassment,bullying, and hazing of students and staff. This policy provides direction forthe staff to provide a safe and secure learning environment for all students.The policy covers all the necessary protected classes including sexualorientation and gender identity.

4. The school board has adopted a policy which commits the District toimplement affirmative strategies to recruit and hire persons from diverseracial / ethnic groups, men and women, and persons with disabilities in jobcategories where they are underrepresented within the District. This directsthe Districts efforts to provide diverse role models for a diverse studentpopulation.

5. The Human Resources Director has been designated to serve as the equitycoordinator for the school district. He has responsibility for coordinating theAgencys efforts to comply with Section 504 of the 1973 Vocational


4/37

Rehabilitation Act (Disability Equity), Title IX of the Education Amendmentsof 1972 (Gender Equity), Title VI of the Civil Rights Act of 1964 (Race andNational Origin Equity), and Equal Employment Opportunity / AffirmativeAction requirements. There is documentation of coordinator communicationwith district administrators regarding equity issues. Interviews with staff

indicated they were aware of the identity of the coordinator. (See relatedconcern #8).

6. The school board has adopted a grievance procedure for processingcomplaints of discrimination, harassment, bullying, and hazing of and byemployees, students, parents, and volunteers. The process is aligned withthe Districts non-discrimination and harassment policies. The grievanceprocess provides for an impartial third party hearing for disability-relatedcomplaints related to the identification and the provision of accommodationsfor students with disabilities. (See related concern # 11).

7. Reviews of district and building level documents indicated the District isnotifying students, parents, and staff about their non-discrimination policiesand the identity and phone number of the equity coordinator.The announcements were included in most student, staff, and parenthandbooks that we reviewed. They were also found on the Districtswebsite. (See related compliance issue #10).

Concerns and Recommendations

8. Interviews with students and parents indicated that they are still uncertainabout who serves as the equity coordinator despite the fact that theinformation is included in student handbooks. They are also unsure of whatthe role of the coordinator is. An interview with the equity coordinatorindicated that he relies on principals to relay information to students andstaff about their rights and responsibilities under the law. They seldom seethe Human Resource Director directly in his role as equity coordinator.In addition,it is very difficult to coordinate program-related equity activitiesfrom the Human Resource Directors office. A district as large and diverseas the Clinton school district should consider the benefit of designating co-equity coordinators, one for employment / personnel issues and one forprograms / student issues. The coordinators could then work as a team onequity-related program and employment personnel issues.The coordinator(s) could also be more proactive in the following ways:

Annually monitoring of the Districts website and publications to ensurethat they include current information about the Districts non-discrimination and harassment policies, the identity and contactinformation for the equity coordinator, and information about the civilrights-related grievance procedure.


5/37

Communicating annually with parents, students, and staff about theirrights and responsibilities related to non-discrimination andharassment policies.

Facilitating use of the Districts grievance procedure and making surethat grievance forms are available in all building sites and on the

website.Annually monitoring student course enrollment and achievementtrends by racial / ethnic background, gender, and disability andorchestrating the Districts response to the data.

Facilitating a review of the policies, practices, and curriculum inprograms where enrollment patterns are disparate on the basis ofracial / ethnic background, gender, and disability.

Monitoring staff efforts implement strategies to recruit students whohave been under-represented into those programs and courses.

Coordinating professional development related to equity- / diversity-related issues.

Monitoring membership of advisory committees in the District to ensurethat diverse voices in the District are included.Making an annual equity report with recommendations to the SchoolImprovement Advisory committee (SIAC) and to the school board.

Facilitating periodic conversations with students, staff, and parents onways the District might better respect, reflect, and celebrate diversity.

9. There is a diversity / multi-cultural, gender-fair (MCGF) Committee.The team did not interview committee members and it was unclear whattheir relationship to the school district and the school board is. Concernabout equity issues seemed to be driven more by community organizations

and students than by the District staff. It is suggested that the committee berevitalized and its role be more formalized. Consider the development of adistrict diversity plan, the monitoring of equity-related student, staff, andcommunity data and annual reports with recommendations to the schoolboard.

Areas of Non-Compliance

The coaches handbook and High School Registration / Course DescriptionHandbook did not include notice of the non-discrimination policy, the identity ofthe equity coordinator, and information about the non-discrimination grievance

procedure. This same citation was in the Equity Letter of Findings submitted tothe District five years ago. One role of the equity coordinator and the equitycommittee might have is to monitor district publications and brochures to ensurethey include the required notifications. 34 CFR Part 104.8 Notice; 34 CFR Part106.9 Dissemination of policy; Section IV.O. Public Notification.


6/37

10. There is considerable confusion about the appropriate process for handlingstudent, staff, and parent complaints of discrimination as opposed tostudent-to-student harassment. There is also uncertainty as to the role ofthe equity coordinator in the process. Although there is notice of a grievanceprocedure, the process itself is not published in student and staff

handbooks. Interviews with the equity coordinator indicated that thegrievance procedure has been used only once or twice in the past twoyears. Grievance forms should be made available at each attendancecenter. 34 CFR Part 104.7 Designation of responsible employee andadoption of grievance procedure; 34 CFR Part 106.8 (Section 504);Designation of responsible employee and adoption of grievance procedure(Title IX).

Equity, School Improvement, and the Educational Program

This section includes equity issues related to the school improvement process,

curriculum, instruction, assessment, student achievement, achievement gaps,media services, and the counseling program. Equity issues related to theComprehensive School Improvement Plan (CSIP), the Annual Progress Report(APR), and the School Improvement Advisory Committee (SIAC) might also beincluded here.


11. The Board maintains its policy committing the District to implementingMCGF approaches to the entire educational program. The policy commitsthe District to include the contributions of both men and women, persons

from diverse racial / ethnic groups, and persons with disabilities across allareas of the curriculum. The policy provides a supportive climate for staff toimplement an educational program which reflects, respects, and celebratesdiversity.

12. Board policy and written guidelines for the selection of media materials andinstructional materials include equity concerns related to race, nationalorigin, gender, and disability. Media center collections reflected diversity,and the media centers actively support the implementation of MCGFapproaches in the classroom. As was the case during the Districts last sitevisit (January 2005), interviewees consistently highlighted the Districts

curriculum work as a strength. K-12 standards and benchmarks, criticalobjectives, scope and sequence, and pacing guides have been developedfor all curricular areas. The District has a clear policy and process forupdating curriculum. The process is led by K-12 Department heads andincludes checkpoints for the inclusion of MCGF curriculum content.The written curriculum is posted on the Districts website and is accessible


7/37

by the public. The number of teachers involved in summer curriculum workhas increased from 92 in 2005 to 187 in 2009.

13. The high school course registration manual includes quality up-to-datedescriptions of courses available to students. The course descriptions are

written in gender-fair language.

14. The District utilizes the Infinite Campus School Data Management Program.The system provides staff access to student data and more importantlyallows parents direct access to their students educational information in atimely fashion. The system has the potential to provide access andownership of educational data by teaching and counseling staff so that itcan be utilized to direct instructional and climate-related interventions.(See related concern# 17).

15. The Districts K-12 articulated counseling program was highlighted by many

interviewees as a strength. Counselors are in place at each building andadditional supports are available through Gannon / Bridgeview CommunityMental Health Center. The high school program was a recipient of theAmerican School Counseling Associations Recognized ASCA ModelProgram (RAMP). There is a written description of the guidance programincluding standards and benchmarks. There is a department chairperson,who facilitates periodic meetings of the K-12 guidance staff and who worksto ensure vertical and horizontal alignment. Adequate records are kept toensure that all students see a counselor at least once a year. The guidanceprogram includes components that assist in preparing students for living andworking in a diverse environment. The middle school counselors haveworked with students to develop eighth grade academic and career plans.The plans are monitored and updated annually by the high school guidancestaff. Counselors noted the District provides release time for them toreceive professional development related to their job roles.

16. The District provides opportunity for all seniors to visit Kirkwood CommunityCollege, the University of Iowa, and Ashford University. Beginning with thecurrent school year, all juniors have an opportunity to complete the ACTorCompasscollege placement test free of charge. A variety of AdvancedPlacement (AP) and concurrent enrollment opportunities are available todistrict students.

17. Interviews with general education staff provided evidence of overt districtefforts to close achievement gaps based on socioeconomic status.SES sub-group data is available and strategies for narrowing the gaps arebeing implemented. There is some data to show that these efforts have hadsome success.


8/37

18. The District is involved in the Statewide Voluntary Preschool Program. TheDistrict program includes partnerships with eight (8) community-based sites:Zion Preschool; Ashford University Preschool; YWCA Play & Learn Center;Stay N Play; Prince of Peace Preschool; St. Johns Preschool; Wee School for Little People; and Head Start. Four-year-old children with IEPs are being

served in general education settings. Conversations are being held on howto provide similar opportunity for the three-year-old participants. A strongrelationship exists between the early childhood programs and parents. Staffnoted participation in the preschool program has allowed a greater numberof district families with limited resources to access quality preschoolprograms. It has also provided increases in the number of days per weekpreschool students are served. Parents reported the five-day-per-weekpreschool program prepared their children academically and socially forentering kindergarten.


19. Interviewees indicated that while some teachers were able to use data toidentify and to articulate needs and actions on a student-by-student basis,they were not able to engage in a conversation about data regardingdisaggregated sub-groups or aggregated data. The District is encouraged todevelop and to implement procedures system-wide to create greaterteacher ownership of academic and climate-related data, as well as to buildthe capacity of counselors and teachers to collect, to analyze, to interpret,and to take action based on both individual and sub-group level studentdata. Although the District has been using the Infinite Campus System forseveral years, many rank-and-file staff members are unsure of how they canquery the system to provide disaggregated sub-group achievement andenrollment data. It is important that the District provide the necessarytraining to assist staff to use the system to make data-based decisions.

20. Interviews with administrators and staff did not convey a sense of urgencyfor raising student achievement and reducing achievement and enrollmentgaps in the District. Staff, students, and parents interviewed seldommentioned the low student achievement at some grade levels or thesignificant difference between the achievement of various groups in theDistrict. There was a lack of rank-and-file awareness of the details of theSchool in Need of Assistance (SINA) / District in Need of Assistance (DINA)plans that have been developed to remove the District and some of itsschools from the SINA/DINA. To increase awareness and to impactpractice of the identified actions contained within the SINA/DINA plans, it isrecommended that stakeholders roles and responsibilities be clearlyarticulated. This should be done in a way that those involved in carrying outthe plan are able to communicate and to implement these roles andresponsibilities.


9/37

21. Although achievement gap data was available for socioeconomic status and

disability, similar data on achievement gaps for racial / ethnic groups wasnot available. Although the District may suppress reporting data regardingsome racial / ethnic groups, it still should be collecting and reviewing that

data to direct instructional and climate-related interventions related toacademic success.

22. Interviews and a review of materials seemed to indicate that there is littleinfusion of content and activities to expand the cultural awareness andcompetency of students in the high school curriculum. Continue to exploreways to increase awareness and appreciation of diversity.

23. During the 2008-2009 school year, there were 215 students who open-enrolled out of the District and 55 students who open enrolled into theDistrict. This out-migration trend through open enrollment is a financial drain

on the District. It is suggested that the District survey students and familiesthat open enroll to determine why they are leaving and what can be done tokeep them in the District. Based on the information obtained, the Districtmight develop a marketing plan to reduce future requests for openenrollment and to retain students in the District.

24. As a part of the evaluation process, building administrators conduct walk-throughs in their schools. The purpose is to be more visible in classroomsand to better monitor educational climate. The process could bestrengthened by adding a diversity / cultural competency component.During the walk-through, the administrator might observe the degree inwhich classroom, office, and common areas of a school represent, reflect,and celebrate the diversity of the District and the country. Students who seethemselves reflected in their classrooms and broader school environmenttend to be more motivated learners. Students that see the contributions andperspectives of others reflected in their classrooms and the broader schoolenvironment are less apt to maintain stereotypes / prejudice toward thosegroups.

25. There are few minority persons from the broader community involved in thecurrent diversity conversation. All of this is true at a time when there areshifting demographic realities creating greater diversity in the Clintoncommunity. Given these facts, we suggest that the District provide theleadership necessary to develop an overall vision and philosophy ondiversity. A successfully articulated district-wide vision, philosophy, andleadership framework will allow the Clinton School District to developstrategies to close achievement gaps and to address equity / diversityissues. Those strategies might include the following:


10/37

Communicating with students and parents representing diverse racial /ethnic groups to discuss what can be done to improve this situation.

Collecting and analyzing disaggregated achievement, enrollment, andclimate-related data and the use of the data to focus professionaldevelopment on racial and socioeconomic realities.

Creating a deeper awareness among teachers of how MCGFapproaches to instruction, the curriculum, and the learningenvironment fits into the Districts overall vision, mission, and goals.

Consider requesting assistance from the Area Education Agency(AEA) and the Midwest Equity Assistance Center in these efforts.

26. Although the District has begun to address the issue of meeting studentsacademic and social needs in the general education classroom, there isstill too much evidence of dealing with academic and social / emotionalissues by segregating students. There was little reference by intervieweesof how general classroom instruction is being designed to address learner

differences. Teachers stated they use differentiated approaches, but theirresponses did not reflect a depth of understanding of differentiatedinstruction. Interviewees noted that some staff have attended one-dayworkshops regarding differentiated instruction at the AEA and theseteachers share information and train the rest of the staff. It did not appearthat the total staff has received in-depth professional developmentregarding the differentiation of instruction, cultural competency, and thedelivery of specially-designed instruction. The District is encouraged toconsider the following:

Provide more in-depth training for all staff regarding differentiation of

instruction and cultural competency. If the train the trainer mode ofdelivery is used, include a means of assuring the training provided toall staff is of a comparable level of depth as that received by theteacher trainers.

Include a system of communication and evaluation that ensures thatthe professional development activities are implemented and effective.


27. During the 2008-2009 school year, there was a disparate number ofAfrican-American students suspended both in-school and out-of-school.

There appeared to be little staff ownership or awareness of this data andfew interview groups could articulate approaches that addressed theunique needs of African American students in the District. There was noevidence that the District had reviewed its discipline policies and practicesto ensure that they are not contributing to the disparity. Neither is there aplan in place to reduce this disparity. Title VI Civil Rights Act, 1964;12.3(6) Student responsibility and discipline.


11/37

Physical Education, Extracurricular Activities, and Athletics

This section includes equity issues related to the physical education program,the athletic program, and other extracurricular activities. It also includes the

equity of locker rooms, facilities, equipment, and coaching opportunities.


28. Participation in all physical education activities is open to both males andfemales and is conducted on a co-educational basis. Students withdisabilities are integrated with the general education student populationduring physical education classes. The physical education coursesdemonstrate a focus on life fitness skills by allowing students toexperience twenty (20) different skill courses during their high schoolcareer.

29. There are equitable opportunities for both males and females toparticipate in interscholastic athletics. Fifty-one percent (51%) ofinterscholastic athletes are male and 49 percent (49%) of athletes arefemale. At the high school level there are eleven (11) sports for boys andten (10) sports for girls. Interviews with staff and students indicated thatequipment and travel support are equitable for both boys and girls teams.

30. The student handbook at the high school includes a list of the extra-curricular activities available at the high school and includes the name andcontact information for the coach or activity coordinator to contact withquestions. This provides valuable information for students and familiesthat may be new to the District.


31. Interviews with staff and students indicated that there is inequity in theaccess of males and females to locker rooms. The girls locker rooms arelocated some distance from the gym they use most often and theswimming pool. Boys locker rooms are closer and more accessible to thegym and the weight room. Coaches and physical education staff membersinterviewed did not view this as a significant concern. Studentsinterviewed disagreed and stated that girls had to walk down a commonhallway in their swimwear with towels wrapped around them to get to theirlocker room.


12/37


32. The coaches handbook and High School Registration / CourseDescription Handbook (Cited five years ago) did not include notice of thenon-discrimination policy, the identity of the equity coordinator, or

information about the non-discrimination grievance procedure. This wasalso cited in the report submitted to the District five years ago. 34 CFRPart 104.8 Notice; 34 CFR Part 106.9 Dissemination of policy; SectionIV.O. Public Notification.

33. Student participation in extracurricular activities was reported by gender,racial / ethnic group, and disability in preparation for the site visit.However, interviews with administrators and activities coordinatorsindicated this process has not been carried out on an annual basis. It isrecommended that the high school staff review and analyze trends instudent involvement in extracurricular activities as part of its review of

student achievement and student course enrollment trends on an annualbasis. Research shows that students who are involved in extracurricularactivities have academic achievement levels higher than those who do notparticipate. Reviewing participation data would help activities coordinatorstarget information about their programs to students and families that havenot been involved. 12.1(256) General standards; 12.6(256) Activityprogram.

Access, Integration, and Inclusion

This section includes equity issues related to enrollment trends in buildings,programs, courses, and activities on the basis of gender, racial / ethnicbackground, and disability. Also included is the review of accessibility of facilitiesand the instructional program for students, staff, parents, and communitymembers with disabilities.


34. The Clinton Community School District has eight (8) attendance centersand one (1) administration building that were reviewed for accessibility.Accessibility was reviewed in the following areas: parking, passengerloading zones, exterior route of travel, ramps, stairs, lifts, entrances,lobbies and corridors, elevators, rooms and spaces, restrooms, showerrooms, assembly areas, cafeterias, and libraries. The buildings reviewedincluded:

Eagle Heights Elementary School: Constructed in 2007, serving gradesK-5.Jefferson Elementary School: Constructed in2006, serving grades K-5


13/37

Bluff Elementary School: Constructed in 1963 with additions in 1969 and1999, serving grades K-5.Whittier Elementary School: Constructed in 1957, with additions in1960and 1999, serving students K-5.Washington Middle School: West wing constructed in 1934; east wing

constructed in 1953; small gymnasium and science lab added to westwing in 1969; music rooms added in 1988; serving grades 6-8.Lyons Middle School: Built in 1969, serving grades 6-8.Clinton High School: Built in 1921; vocational wing added in 1958;gymnasium added 1959; and north classroom addition was added in1969; serving grades 9-12.Lincoln Alternative High School: Built in 1965 with an addition in 1969;serving grades 9-12.Roosevelt Administration Center: Built in 1888, it houses the centraladministration offices.

The addition of the two new facilities at Eagle Heights and JeffersonElementary Schools substantially increased the accessibility of theelementary schools to students, staff, parents, and community memberswith disabilities.


35. The following concerns were noted related to accessibility:

Whittier Elementary School:A. Carpeting in the main office area and library is a low-pile, tightly

woven carpet but it is not securely attached which creates a trippinghazard. Recommend installation of a low-pile, tightly woven carpetwith moisture barrier so that carpet cleaning does not affect thecarpet adhesive.

Bluff Elementary School:A. Carpeting in the main office area and library is a low-pile, tightly

woven carpet but it is not securely attached which creates a trippinghazard. Recommend installation of a low-pile, tightly woven carpetwith moisture barrier so that carpet cleaning does not affect thecarpet adhesive.

Washington Middle School:A. Develop a plan so that the accessible entrance does connect with all

accessible elements and spaces in the building (shower rooms,industrial technology area, weight room, and wrestling room).


14/37

B. Install signs that provide direction to, or information about, functionalspaces of the building and comply with the appropriate requirementsfor directional signage.

C. Install signs designating permanent rooms and spaces, such asrestroom signs, signs at exit doors, and room numbers that comply

with the appropriate requirements for tactile signage.D. Install signs at inaccessible restrooms that give directions toaccessible restrooms.

E. Hot water pipes and drain pipes in restrooms should be insulated orconfigured to avoid contact with the legs of a person using awheelchair.

Lyon Middle School:A. From the building, there is no accessible route to the track and field

area because of the step. Recommend elimination of step foraccessibility.

B. Railings to the ramps by the gymnasium and to the modularbuildings are not between 34 and 38 inches high. Recommendmoving railings with appropriate height for wheelchair accessibility.

C. Door handles are knobs that have to be operated with tight grasping,pinching, and twisting of the wrist. Recommendation to eventuallyreplace knobs with lever handles and note in accessibility plan.

D. Recommendation to install signs that provide direction to, orinformation about, functional spaces of the building and comply withthe appropriate requirements for directional signage.

E. Recommendation to install signs designating permanent rooms andspaces, such as restroom signs, signs at exit doors, and roomnumbers that comply with the appropriate requirements for tactilesignage.

F. Art, industrial technology, and family and consumer scienceclassrooms have counters that are too high and are not between 28and 34 inches high. Recommendation to have at least five percent(5%) of fixed tables or counters to be between 28 and 34 incheshigh.

G. Recommendation to install signs at inaccessible restrooms that givedirections to accessible restrooms.

H. Recommendation to identify accessible restrooms with internationalsymbol of accessibility.

I. Recommendation to install tactile signage identifying the restroomsand shower rooms, placed on the wall at the latch side of the door,centered 60 inches above the floor.

J. Recommendation for the hot water pipes and drain pipes to beinsulated or configured to avoid contact with the legs of a personusing a wheelchair.


15/37

Clinton High School:A. Recommendation to install signs that provide direction to, or

information about, functional spaces of the building and comply withthe appropriate requirements for directional signage.

B. Recommendation to install signs designating permanent rooms and

spaces, such as restroom signs, signs at exit doors, and roomnumbers that comply with the appropriate requirements for tactilesignage.

C. Recommendation to install signs at inaccessible restrooms that givedirections to accessible restrooms.

D. In the Shops area, there is not a public accessible restroom on thelower level for Industrial Technology, Foods, BD classrooms, andmusic area. In the Shops area, the womens restroom is upstairsand the mens restroom is downstairs. Recommendation torenovate restrooms on each level of the Shops area foraccessibility.

E. Recommendation to identify shower rooms with tactile signage thatis placed on the wall at the latch side of the door, centered 60 inchesabove the floor.

Lincoln Alternative High School:A. Door handles are knobs that have to be operated with tight grasping,

pinching, and twisting of the wrist. Recommendation to replaceknobs with lever handles and note in accessibility plan.

B. Recommendation to install signs that provide direction to,or information about, functional spaces of the building and complywith the appropriate requirements for directional signage.

C. Recommendation to install signs designating permanent rooms andspaces, such as restroom signs, signs at exit doors, and roomnumbers that comply with the appropriate requirements for tactilesignage.

D. Recommendation to install accessible drinking fountains whenreplacing drinking fountains for repairs.

E. For public restrooms, recommendation to renovate at least onerestroom for accessibility.

Area of Non-Compliance

36. The following areas of compliance remain related to accessibility offacilities to students, staff, parents, and community persons withdisabilities:


16/37

Whittier Elementary School:A. Install vertical signs for accessible parking spaces and van spaces

that show the international symbol of accessibility. ADA Standards4.6.4; 4.30.7.

B. There is no detectable warning surface on walkway edge without curb

when the walkway crosses or adjoins the driveway. ADA Standard4.29.5.C. There is no sign displaying the international symbol of accessibility at

the accessible passenger loading zone. ADA Standard 4.1.2(7)(b).D. Need signs that provide direction to, or information about, functional

spaces of the building and comply with the appropriate requirementsfor directional signage. ADA Standard 4.30 / UFAS 4.30 Signage.

Bluff Elementary School:A. Install Van Accessible signs for van accessible parking spaces.

ADA Standard 4.6.4; 4.30.7.

B. There is no detectable warning surface on walkway edge without curbwhen the walkway crosses or adjoins the driveway. ADA Standard4.29.5.

C. There is no sign displaying the international symbol of accessibility atthe accessible passenger loading zone. ADA Standard 4.1.2(7)(b).

D. Need signs that provide direction to, or information about, functionalspaces of the building and comply with the appropriate requirementsfor directional signage. ADA Standard 4.30 / UFAS 4.30 Signage.

E. There are no signs at inaccessible restrooms that give directions toaccessible restrooms. ADA Standard 4.1.6(3)(e)(iii); 4.30.

F. When not all toilet facilities are accessible, the accessible toilet roomsare not identified by the international symbol of accessibility. ADAStandard 4.1.2(7)(d).

Jefferson Elementary School:

A. Install vertical signs for accessible parking spaces and van spacesthat show the international symbol of accessibility. ADA Standards4.6.4; 4.30.7.

B. There is no detectable warning surface on walkway edge without curbwhen the walkway crosses or adjoins the driveway. ADA Standard4.29.5.

C. There is no sign displaying the international symbol of accessibility atthe accessible passenger loading zone. ADA Standard 4.1.2(7)(b).

D. Need signs that provide direction to, or information about, functionalspaces of the building and comply with the appropriate requirementsfor directional signage. ADA Standard 4.30 / UFAS 4.30 Signage.


17/37

Eagle Heights Elementary School:A. Install vertical signs for accessible parking spaces and van spaces

that show the international symbol of accessibility. ADA Standards4.6.4; 4.30.7.

B. There is no detectable warning surface on walkway edge without curb

when the walkway crosses or adjoins the driveway. ADA Standard4.29.5.C. There is no sign displaying the international symbol of accessibility at

the accessible passenger loading zone. ADA Standard 4.1.2(7)(b).D. Need signs that provide direction to, or information about, functional

spaces of the building and comply with the appropriate requirementsfor directional signage. ADA Standard 4.30 / UFAS 4.30 Signage.

E. In the gymnasium with fixed seating, there is not the required numberof wheelchair locations provided. ADA Standard 4.1.3(19)(a).

Washington Middle School:

A. Need two more accessible parking spaces in front of east side ofWashington Middle School. ADA Standard 4.1.2(5)(a); 4.6.1.B. There is no sign displaying the international symbol of accessibility at

the accessible passenger loading zone. ADA Standard 4.1.2(7)(b).C. Inaccessible entrances do not have signs indicating the location of the

nearest accessible entrance. ADA Standards 4.1.3(8)(d); 4.30.D. Accessible entrances are not identified by the international symbol of

accessibility. ADA Standard 4.1.2(7)(c); 4.30.E. For accessibility of programs, the shower rooms are not fully

accessible. ADA Standard 4.1.3(11); 4.23.1.

Lyons Middle School:A. There is no detectable warning surface on walkway edge without curb

when the walkway crosses or adjoins the driveway. ADA Standard4.29.5.

B. There is no sign displaying the international symbol of accessibility atthe accessible passenger loading zone. ADA Standard 4.1.2(7)(b).

C. Inaccessible entrances do not have signs indicating the location of thenearest accessible entrance. ADA Standards 4.1.3(8)(d); 4.30.

D. Accessible entrances are not identified by the international symbol ofaccessibility. ADA Standards 4.1.2(7)(c); 4.30.

Clinton High School:A. There are not enough accessible parking spaces in several lots

around the high school and need to review accessibility of all parkinglots. ADA Standard 4.6.1.

B. Need at least one van-accessible parking space in each parking lotwith a 96-inch wide access aisle. ADA Standard 4.6.5.


18/37

C. At accessible parking and van spaces, vertical signs showing theinternational symbol of accessibility and Van Accessible signs at vanspaces need to be used. ADA Standard 4.6.4; 4.30.7.

D. There is no detectable warning surface on walkway edge without curbwhen the walkway crosses or adjoins the driveway. ADA Standard

4.29.5.E. There is no sign displaying the international symbol of accessibility atthe accessible passenger loading zone. ADA Standard 4.1.2(7)(b).

F. Inaccessible entrances do not have signs indicating the location of thenearest accessible entrance. ADA Standards 4.1.3(8)(d); 4.30.

G. Accessible entrances are not identified by the international symbol ofaccessibility. ADA Standard 4.1.2(7)(c); 4.30.

Lincoln Alternative High School:A. There are no accessible parking spaces and van space. ADA

Standards 4.6 Parking and Loading Zones.

B. There is not at least one accessible route of travel from publictransportation stops, accessible parking spaces, accessiblepassenger loading zones, public streets, and sidewalks to theentrance at rear of facility from parking lot. ADA Standard 4.3.2(1).

C. There are no public accessible entrances into the facility. ADAStandard 4.1.3(8)(a)(1).

D. For program accessibility, there is no accessible route to thebasement where the school nurses office and classroom(s) arelocated. ADA Standard 4.3.2(3).

Roosevelt Administration Center:A. The central administration office building was originally constructed in

1888 and it is totally inaccessible to staff, students, parents, andcommunity members with disabilities. This issue was cited in the equityreview conducted five years ago in the District. There is a sign on the frontdoor telling persons with disabilities to call and someone will come downand talk to them. This is not consistent with ADA and Section 504accessibility standards. The administration center is a place of publicbusiness and it should be accessible to the public. The District mustrenovate the building for accessibility or find an accessible facility forrelocation just as soon as possible. 34 CFR Part 104.22 Existing facilities;34 CFR Part 104.23 New construction; 28 CFR Section 35.150(d) Existingfacilities (transition plan); 28 CFR Section 35.151 New construction andalterations.

37. There are gender-typed enrollments (80 percent or more male or female)in a number of classes and programs. There are also classes andprograms where minority students and students with disabilities are under-or over-represented. Although this data was provided for the visiting team,


19/37

and it was recently reviewed by the high school staff in preparation for thisvisit, there is little documented evidence that disaggregated building andcourse enrollment data has been reviewed annually by counselors andteachers to monitor integration / inclusion efforts, or to ensure that thisdata will be reviewed each year in the future. It is recommended that the

high school staff review course enrollment trend data, involvement inextracurricular activity data, and bullying / harassment data in concert withits periodic reviews of student achievement. One day each year might bedesignated as Data Trend Day.

Courses and programs with gender-typed enrollments and evidence ofover- / underrepresentation of minority students or students withdisabilities should be listed and documented annually. When theseenrollment patterns occur, counselors and teachers should be heldaccountable for reviewing their policies and practices to ensure that theyare not contributing to these enrollment patterns, and should document

the strategies they are currently using to encourage and to support theinvolvement of students who have not been traditionally enrolled. Currentevidence to support that this process is in place on an annual basis isminimal. Documentation might include an annual report to the schoolboard, inclusion in administrative policy, or a component in anadministrative job description. 12.1(256) General standards (Iowa Code);Section V.B. Counseling and Prospects for Success; Section V.C. StudentRecruitment Activities.

38. There were a number of observations which would indicate that not allspecial education students are being educated in the least restrictiveenvironment (LRE). They included the following:

There are some courses listed in the High School Registration /Course Description Handbook for which an IEP is required.

In the course enrollment data provided by the District, there were asignificant number of courses that were populated totally by specialeducation students or which had no special education studentsenrolled.

The placement of students with behavioral disabilities in theExtended BD program at the Central Alternative School.

The movement of students at Central Alternative School into theevening Pride Program without input from the IEP team. Special

education instruction is not available in the Pride Program. 34 CFRPart 104.34 Educational setting; 34 CFR Part 104.37 Nonacademicservices; 12.1(256) General standards (Iowa Code).


20/37

Support Services for Special Populations

This section includes a review of the support services, accommodations, andeducational programming provided for English language learners, students withdisabilities (Special Education/Section 504), at-risk students, homeless students,

as well as, gifted / talented students.


40. In the past four years, the school district has made significant progress inmeeting the needs of its English language learners. The District has hiredthree (3) ESL teachers who all have the State of Iowa ESL endorsement.They are assisted by one paraprofessional that works with them in theclassroom. They are currently providing English language assistance toapproximately 47 English language learners whose number in the Districthas doubled in the past three years.

The primary language of students is identified upon their enrollment in theDistrict, and the students English language speaking, listening, reading,and writing skills are assessed using the LAS (Language AssessmentSurvey). ESL instruction is provided for all students whose languageassessment identifies a need. The English Language DevelopmentAssessment (ELDA) is used to assess students progress in learningEnglish, as well as to determine when a student is ready to exit theprogram. The ESL instructors attend the Iowa Language and CultureConference as well as the Our Kids summer workshop for ESL teachersto keep abreast of current trends in ESL instruction.

41. The school boards policy on gifted programming clearly speaks to theinclusion of minority students in the program and specifies that multiplecriteria be used when identifying gifted students. The students in the giftedprogram are close to reflecting the demographics of the District as awhole.

42. The school board has adopted a policy on serving homeless students.The policy defines homelessness for staff, students, and parents. There isa homeless education coordinator and approximately two hundred fifteen(215) homeless students have received support services in the past year.This number has doubled in the past two years. Homeless students areencouraged to remain in the same attendance center when they movefrom one part of the city to another.

43. A Positive Behavioral Supports Program has been implemented K-12 inthe District over the past two years in effort to improve the learning climatein district. The program is an effort to identify students with behavioral


21/37

problems early and take preventive steps to lower student suspensionrates and the number of students assigned to special education forbehavioral reasons.

44. The District has a number of programs or strategies in place to provide

support for students who may be at-risk of failure or dropping out ofschool. There is an At-Risk Plan and Handbook which define the process.

At the elementary school level, they include:

School Social Worker provided by the AEA

Positive Behavior Intervention Supports (PBS)Teacher Assistance Teams

School Psychologist provided by the AEA

At the middle school level, they include:

Two teachers who provided Personal and Social Response

Curriculum and serve as home school liaisonsAEA Social WorkerAEA School Psychologist

Positive Behavior Supports (PBS)

Teacher Assistance Teams21st Century After School Activity Program

Student Mentoring Program

School Resource Officer (SRO)

Study ConnectionSkills Iowa

Gear Up Program

At the high school level, they include:

Lincoln Alternative High School

Credit Recovery ProgramAEA Social Worker

AEA School Psychologist

Student Assistance TeamsPositive Behavior Supports (PBS)Student Mentoring Program

School resource officer

Study ConnectionSkills Iowa

Gear Up Program

45. Multiple interviewees highlighted the ASSIST program, the at-risk programat the middle school and high school. The middle school program focuseson personal social responsibility, academics, and behavior to increase


22/37

students success at the high school level. The high school programincludes seven (7) dedicated staff members. Support is provided throughsmaller learning environments, use of flexible scheduling, project-basedlearning, learning through experiences, and character building to assiststudents with diverse learning needs. Interviewees noted more students

are opting to stay at Clinton High School versus transitioning from ASSISTto Lincoln High School.

46. The District operates an alternative school (Lincoln Alternative HighSchool) for students that have had trouble adjusting to the generaleducation classrooms at Clinton High School. Most groups interviewedstated Lincoln Alternative High School was an important strength in theDistricts educational program. There are currently 165 students enrolledat the school. To help address student needs, the program includes achildcare program, flexible class schedules, and clearly stated rules andexpectations. The educational program is aligned with the program at

Clinton High School. The students are able to enroll in courses at the highschool that are not available at the alternative program site. They mayalso participate in extracurricular activities at the high school. If and whenneeded, transportation is provided.

47. The Board has adopted a Section 504 Policy which directs staff to provideappropriate accommodations for students with disabilities when they areneeded for them to succeed in the classroom. There are currently thirty(30) students who have Section 504 support / accommodation plans.General education teachers reported they receive information aboutaccommodations necessary to support students with disabilities who have504 plans in their classes.

48. The Districts demographics are changing and there has been an increasein the number of minority families and families with lower incomes withinthe District. Interviewees were aware of the achievement gap between lowSES and non-low SES students. Teachers reported poverty simulationtraining has been initiated in the District along with training related to RubyPayne's "A Framework for Understanding Poverty." Data shows that therehas been some success in raising the achievement of students on freeand reduced lunches and some reduction in the gap in achievementbetween those students not on free and reduced lunches.

49. The District recognized a need and hired an individual at the District levelto provide leadership and oversight of the Districts special educationprogram. The District has also taken steps to address overuse ofsuspension and expulsion for student with disabilities. Special Educationteachers are participating in professional development to improve thequality of IEPs.


23/37


50. The District has an unusually high percentage (19.5%) of its students inspecial education. This is significantly above the state average of 12.9%.

There are also a high percentage of African American students inrestrictive level three special education programs. When asked why?interviewees often saw it as an effect of poverty and low expectation ofparents. It is important for staff to understand that poverty does not haveto result in low student achievement or high incidents of disability andplacement in special education. It is recommended that the District,in conjunction with the area education agency, review the generaleducation interventions provided prior to placement in special educationas well as to review its policies and practices to ensure that students arebeing appropriately placed and that their IEPs are truly affecting theirbarriers to learning.


No areas of non-compliance were identified during the course of the visit.

Climate and Discipline

This section includes equity issues related to discipline, harassment, MCGFapproaches to the educational program, and the maintenance of welcoming,secure, and inclusive learning environments.


51. Interviews with parents and students indicated that bullying andharassment on the playgrounds and in the schools is aggressivelyaddressed and spoken to in school assemblies. Students are encouragedto report incidents of bullying and harassment. The District reported thatsixty (60) harassment incidents have been investigated at the buildinglevel in the past year. The curriculum of the guidance program alsoaddresses the issue.

52. A number of teachers who were interviewed were able to discuss thestrategies they used to implement a MCGF educational program in theirclassrooms. Some examples provided were:

Music of diverse groups and cultures included in the musicprogram.

Literature by and about diverse groups and cultures included inliterature courses.


24/37

Inclusive text books in the history program that are MCGF.

The student mentor program.Culture fairs and book studies.

53. Multiple interviewees stated a positive school climate exists. Structures

are in place that support a collaborative environment and a mutual respectamong administrators, instructional staff, and non-instructional staff.Multiple interview groups highlighted the care and support of teachers fortheir students, students for their teachers, and an overall feeling of safetyand security throughout the K-12 system.

54. The following were noted as contributing to the positive learningenvironment:

Implementation of Positive Behavior Supports (PBS). Intervieweesexpressed awareness of rules and consequences and notedstudents are recognized for positive behaviors.

Students, parents, and staff were aware of avenues to reportinstances of bullying and harassment and expressed confidencethat reported incidents receive follow up by district staff.

Five (5) school resource officers (SROs) are available in theDistrict. Interviewees noted the SROs are active not only within thebuildings, but also at school activities.


55. The District overview presentation and several interviews indicated thatthe demographics of the school district are changing, as they are in many

Iowa districts. It is important to recognize that all students, regardless ofrace, ethnicity or socioeconomic status bring their own understanding,perceptions, and life experiences with them to school. Theseunderstandings, perceptions and life experiences often are very differentfrom those their teachers bring to the classroom. This gap inunderstandings, perceptions and life experiences often create tension inthe learning environment. As the number of diverse students increases,significant gaps in student achievement can begin to emerge betweenthese diverse groups of students and the majority group studentpopulation represented in the culture of the school. The District mightbenefit from developing a systemic plan to accelerate and to support the

capacity of all staff, school board members, and students to betterunderstand cultural diversity, to positively respond to changing localdemographics, and to expand their cultural competency skills. Considerthe following suggestions:

Develop and implement a cultural competency / diversity trainingprogram for all staff and students. The District could consider


25/37

contacting the Mississippi Bend AEA for assistance in developingthe cultural competency / diversity program.Develop a common definition and view of diversity consistent withthe Districts own non-discrimination policy and a thoroughexamination of the diversity within the District.

Develop a systemic procedure for assimilating new students,families, and staff. Consider recruiting parent volunteers to visit,reach out, and welcome new families and assist them in adapting tothe culture and resources of their new community.

Evaluate the nature of the school environment from a diversityperspective and develop plans to promote inclusiveness and waysin which the District and individual schools can reflect, respect, andcelebrate diversity.

Explore the difference between tolerance and acceptance.Acceptance requires tolerance; however, tolerance by itself isincomplete.

Explore and implement more creative strategies for increasing thediversity of role models on staff.

56. Students and staff stated that they felt safe and secure in their schools.Although bullying and harassment occurs, there was a general perceptionthat staff dealt effectively with it. However, there was little documentationof trend-line data in buildings to determine if these incidences of bullyingand harassment are increasing, declining, or staying static. There waslittle teacher awareness of this data in their buildings. Trend-line data onincidents of harassment should be shared with staff, students, andparents. Staff conversations regarding the data should be facilitated.

It should be used to monitor the quality and civility of the learning climate.This data should be reviewed concurrently with student achievement data,course enrollment data, and data on student involvement in extracurricularactivities.

57. An effective grievance procedure provides an opportunity to ensure thatconflicts are settled fairly and quickly before they become more serious.The process can only be effective if staff, students, and parents are awareof the process and know how, in what form, and to whom to report it.Grievance forms should be made available at each attendance center.Information included in the Educational Equity Review Data Manual

reported that sixty (60) complaints of harassment and bullying have beensystematically investigated in the past year. It is our assumption that theseinvestigations were done at the building level, as the equity coordinatorreported only two (2) grievances over the past two years. Althoughinformation about the grievance process and the form for filing grievancesare found in the board policy book and the website, they are not routinelyfound at the building level or included in staff, student, and parent


26/37

handbooks. There are several differing instructions to students andparents as to who they are to report incidents of harassment. Studentsstate they go to School Resource Officer when harassment occurs.Information about the grievance procedure must be included in allannouncements regarding the non-discrimination policy and the identity of

the equity coordinator.

58. A family with school-aged children considering moving into the District,or a potential applicant for employments first contact with the schooldistrict may often be through its website. It is recommended that theDistrict review its website for the messages and images about diversityit conveys. Evidence that the District models, embraces, and celebratesdiversity, will make the District a more welcoming option for prospectivestudents or employees from diverse backgrounds. A diversity link withinformation about the ways the District reflects, respects, and celebratesdiversity would be helpful.


59. There is a significantly disparate rate of disciplinary suspensions forAfrican American students. During the 2008-2009 school year, AfricanAmerican students made up ten percent (10%) of the student population.Forty-five percent (45%) of the elementary students receiving out-of-school suspensions were African American, twenty-five percent (25%) ofthe middle school students suspended were African American, andtwenty-four percent (24%) of the high school students suspended wereAfrican American. The average African American student is almost threetimes more apt to be suspended than a white student in the District.

The District is in the second year of implementing a positive behavioralsupports program. The program will be more effective in reducing thissuspension gap if it includes a cultural competency factor. Staff mustwork closely with African American students and their parents to identifythe root causes for the suspensions and to collaborate in implementingculturally competent approaches to reducing them. 12.3(6) Studentresponsibility and discipline; Title VI Civil Rights Act, 1964. {57,31)

Employment, Personnel, and Advisory Committees

This section includes equity issues related to equal employment opportunity,affirmative action in employment, personnel practices, and the assignment ofindividuals to advisory councils / committees.


27/37


60. The District has job descriptions for all positions in the District. They arewell-written and include a diversity component which reflects the District sexpectation that employees work effectively with students, staff and

parents regardless of their sex, racial / ethnic background, or disability.It is important that the District follow through and ensure that this diversitycomponent is consistently included in the staff evaluation process.

61. The District has provided the following diversity-related professionaldevelopment opportunities in the past two years:

GLBT Awareness - Nate Monson

Cultural Diversity Appreciation TeamUnderstanding Poverty

62. All job vacancies are publicly advertised both outside and inside theschool district. Job opening announcements and advertisements, whichappear in newspapers and on the website, include a commitment to equalemployment opportunity and affirmative action. Application forms areavailable electronically and the District is hoping to be able to receiveapplications electronically in the near future. Applications are free ofillegal inquiries.


64. The District should follow through on its efforts to build a Grow Your Own

Component into its affirmative action plan. The effort involvescollaboration between the school district, the community college, a teacherpreparation four-year college, and a private sector partner. Graduatesand classified employees who show interest and / or promise as teachersare identified and supported on a path to getting a teaching certificate.Supports could include time off from work to take classes, assignment of amentor, scholarships, subsidizing tuition payments, loan forgiveness, etc.

65. There is a document which outlines the steps in the employment processfrom the point of announcing a vacancy to the decision to name asuccessor. Visible efforts are taken to avoid illegal inquiries during

interviews. There is a structured process that sets guidelines for selectingand interviewing applicants. The structure helps ensure consistency in theemployment process and makes the District less vulnerable to charges ofdiscrimination or favoritism. A brochure documenting this process shouldbe made available to all staff involved in the employment process as wellas employee applicants.


28/37


65. Approximately eighteen percent (18%) of the students in the ClintonDistrict are minority. Approximately one percent (1%) of the Districts

employees are minority. There is a great need for role models for minoritystudents. Despite this great need, the District has not adopted an EqualEmployment / Affirmative Action Plan that meets the requirements ofChapter 95 of the Iowa Administrative Code. The District last updated itsEqual Employment Opportunity / Affirmative Action Plan in March, 2008.The plan includes: (1) The Districts non-discrimination and harassmentpolicies; (2) identification of the EEO/AA Coordinator for the District; and(3) an administrative statement and directive and administrative statementof support. However, the plan does not include the following requiredcomponents: (1) an analysis of the demographics of the Districtsworkforce by job category, race, gender, and disability; (2) the listing of job

categories where males or females, minority persons, or persons withdisabilities are underrepresented; and (3) numerical goals for hiring malesor females, persons from diverse racial / ethnic groups, and persons withdisabilities in job categories where they are under-represented.

There is no evidence that input was obtained from both men and women,diverse racial /ethnic groups, and persons with disabilities into thedevelopment and implementation of the plan. 95.3(256) Equalemployment opportunity standards; 95.4(256) Duties of boards ofdirectors; 95.4(1) Policy statements; 95.4(2) Written plans; 95.4(3)Assignment of responsibility; 95.4(4) Input; 95.4(5) Staff development;95.5(256) Plan components; 95.5(1) Identification of coordinator; 95.5(2)Administrative statement; 95.5(3) Work force analysis; 95.5(4)Quantitative analysis; 95.5(5) Qualitative analysis; 95.5(6) Goals; 95.5(7)Absence of minority base; 95.5(8) Consolidation; 95.5(9) 95.5(9)Qualitative goals; 95.6(256) Dissemination; 95.6(2) Policy statementdistribution.


29/37

ATTACHMENT ASTATE OF IOWA

DEPARTMENT OF EDUCATIONDivision of PK-12 Education

Grimes State Office BuildingDes Moines, Iowa 50319

METHODS OF ADMINISTRATION FOR REVIEWING CIVIL RIGHTS IMPLEMENTATIONIN LOCAL EDUCATIONAL AGENCIES

Components of a Compliance Plan

WHAT? Clear statement of each non-compliance issue identified in the Letter of FindingsHOW? Specificactivities to be implemented to bring the District into complianceWHO? The Staff member(s), who will be responsible for implementation.WHEN? The timeline for completing the implementation of the activity

Mutual agreement by the local and state education agencies must precede implementation. A follow-up visit to

assess full implementation of the plan will occur within the next academic school year. Documentation toprovide evidence of implementation is required. The compliance plan must be dated and signed by theDistricts superintendent

SAMPLE - COMPLIANCE PLAN

GOAL STATEMENT: To develop a systemic process for annually reviewing attendance center and courseenrollments by gender, disability, and racial/ethnic background to monitor for integration and inclusion intothe general education program

Strategies Time Frame Team Leader Team Members1. To review attendance

center and high schoolcourse enrollments bygender, disability, and

racial/ethnic background.

February, 2008 Joe Cook, Superintendent Joe CookSam MooreMaria LopezJim Black

2. Identify all courses andprograms with gender typedenrollments or enrollmentswhere minority studentsand/or students withdisabilities are over/under-represented

March, 2008 Sue Jones, Principal Sue JonesMaria LopezJim Black

3. Notify counselors and theteachers of those coursesand ask them to documentthe current strategies theyare using to recruit andenroll students from under-represented groups intotheir programs and courses.

April, 2008 Maria LopezEquity Coordinator

Maria LopezJim BlackTom Maus

4. Collect documentedstrategies and monitorenrollments. Coordinate theimplementation of theprocess annually

May 2008 (Ongoing) Maria LopezEquity Coordinator

Joe CookSue JonesSam MooreJim BlackTom Maus


30/37

ATTACHMENT BState Of Iowa

DEPARTMENT OF EDUCATIONDivision of PK-12 EducationGrimes State Office Building

Des Moines, Iowa 50319

METHODS OF ADMINISTRATION FOR REVIEWING CIVIL RIGHTSCOMPLIANCE IN LOCAL EDUCATIONAL AGENCIES

APPEAL PROCESS

In the event that the local education agency contests one or more the findings of the equity on-sitereview, the following procedures and timelines have been established by the Department ofEducation for attaining resolution:

1. Local education agency may challenge one or more of the findings by submitting a writtenstatement to the state director within twenty (20) calendar days of receipt of the letter of findings.

2. The state director will appoint a panel to be chaired by the Deputy Administrator of the Division

of PK-12 Education and include a school improvement consultant from the Division of PK-12Education and a consultant from the Bureau of Community Colleges and Career & TechnicalEducation. The Deputy Administrator of the Division of PK-12 Education will transmit a writtendecision in the contested issue to the local education agency. The statement may be either achange in the report or an affirmation of the original report, in whole or part, within 20 calendardays.

3. The local education agency may indicate a desire to continue the appeal (in writing) to the equityreview coordinator within 10 calendar days.

4. A meeting will be scheduled with the Administrator of the Division of PK-12 Education; the Chiefof the Bureau of Community Colleges and Career & Technical Education, and the DeputyAdministrator of the Division of PK-12 Education within 10 calendar days.

5. The administrator will make a decision and transmit the decision to the local education agency inwriting within 20 calendar days.

6. In the event that this process does not result in resolution, the state director will notify:

Federal Law: The Office of Civil Rights within the United States Department of Education

State Law: The Iowa Attorney Generals Office and/or the Iowa Civil Rights Commission

Chapter12: Initiation of Phase II Visitation Process


31/37

CITATIONS FROM CIVIL RIGHTS LAWS & GUIDELINES

34CFR Part104.7 Designation of responsible employee and adoption of grievance procedure

(a) Designation of responsible employee. A recipient that employees fifteen or more persons shall designate at leastone person to coordinate its efforts to comply with this part.

(b) Adoption of grievance procedures. A recipient that employs fifteen or more persons shall adopt grievanceprocedures that incorporate appropriate due process standards and that provide for the prompt and equitableresolution of complaints alleging any action prohibited by this part.

34CFR Part 104.8 Notice

(a) A recipient that employs fifteen or more persons shall take appropriate initial and continuing steps to notifyparticipants, beneficiaries, applicants, and employees, including those with impaired vision or hearing, and unions orprofessional organizations holding collective bargaining or professional agreements with the recipient that it does notdiscriminate on the basis of handicap in violation of Section 504 and this part. The notification shall state whereappropriate, that the recipient does not discriminate in admission or access to, or treatment or employment in itsprograms and activities. The notification shall also include an identification of the responsible employee designatedpursuant to 104.7(a).(b) If a recipient publishes or uses recruitment materials or publications containing general information that it makesavailable to participants, beneficiaries, applicants, or employees, it shall include in those materials or publications a

statement of the policy described in paragraph (a) of this section. A recipient may meet the requirement of thisparagraph either by including appropriate inserts in existing materials and publications or by revising and reprintingthe materials and publications.

34CFR Part 104.22 Existing facilities

(a) Program Accessibility. A recipient shall operate each program or activity to which this part applies so that theprogram or activity, when viewed in its entirety, is readily accessible to handicapped persons. This paragraph doesnot require a recipient to make each of its existing facilities or every part of a facility accessible to and usable byhandicapped persons.

(b) Methods. A recipient may comply with the requirements of paragraph (a) of this section through such means asredesign of equipment, reassignment of classes of classes or other services to an accessible building, assignment ofaides to beneficiaries, home visits, delivery of health, welfare, or other social services at alternate accessible sites,alternation of existing facilities and construction of new facilities in conformance with the requirements of 104.23, orany other methods that result in making its programs or activity accessible to handicapped persons. A recipient isnot required to make structural changes in existing facilities where other methods are effective in achieving

compliance with paragraph (a) of this section. In choosing among available methods for meeting the requirement ofparagraph (a) of this section, a recipient shall give priority to those methods that offer programs and activities tohandicapped persons in the most integrated setting appropriate.

(e) Transition plan. In the event that structural changes to facilities are necessary to meet the requirement of paragraph(a) of this section, a recipient shall develop, within six months of the effective date of this part, a transition plansetting forth the steps necessary to complete such changes. The plan shall be developed with the assistance ofinterested persons, including handicapped persons or organizations representing handicapped persons. A copy ofthe transition plan shall be made available for public inspection. The plan shall, at a minimum:(1) Identify physical obstacles in the recipient's facilities that limit the accessibility of its program or activity tohandicapped persons;(2) Describe in detail the methods that will be used to make the facilities accessible;(3) Specify the schedule for taking the steps necessary to achieve full program accessibility and, if the time period ofthe transition plan is longer than one year, identify the steps that will be taken during each year of the transitionperiod; and(4) Indicate the person responsible for implementation of the plan.

(f) Notice. The recipient shall adopt and implement procedures to ensure that interested persons, including personswith impaired vision or hearing, can obtain information as to the existence and location of services, activities and

facilities that are accessible to and usable by handicapped persons.

34CFR Part 104.23 New Construction

(a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a recipientshall be designed and constructed in such manner that the facility or part of the facility is readily accessible to andusable by handicapped persons, if the construction was commenced after the effective date of this part.

(b) Alteration. Each facility or part of a facility which is altered by, on behalf of, or for the use of a recipient after theeffective date of this part in a manner that affects or could affect the usability of the facility or part of the facility shall,


32/37

to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessibleto and usable by handicapped persons.

(c) Conformance with Uniform Federal Accessibility Standards.(1) Effective as of January 18, 1991, design, construction, or alteration of buildings in conformance with section 3-8

of the Uniform Federal Accessibility Standards *UFAS) (Appendix A to 41 CFR subpart 101-19.6) shall bedeemed to comply with the requirements of this section with respect to those buildings. Departures fromparticular technical and scoping requirements of UFAS by the use of other methods are permitted wheresubstantially equivalent or greater access to and usability of the building is provided.

(2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall be interpreted to exempt from the requirementsof UFAS only mechanical rooms and other spaces that, because of their intended use, will not requireaccessibility to the public or beneficiaries or result in the employment or residence therein of persons withphysical handicaps.

(3) This section does not require recipients to make building alterations that have little likelihood of beingaccomplished without removing or altering a load-bearing structural member.

34CFR Part 104.34 Educational setting

(a) Academic setting. A recipient to which this subpart applies shall educate or shall provide for the education of, eachqualified handicapped person in its jurisdiction with persons who are not handicapped to the maximum extentappropriate to the needs of the handicapped person. A recipient shall place a handicapped person in the regulareducational environment operated by the recipient unless it is demonstrated by the recipient that the education of theperson in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily.Whenever a recipient places a person in a setting other than the regular educational environment pursuant to thisparagraph, it shall take into account the proximity of the alternate setting to the person's home.

(b) Nonacademic settings. In providing or arranging for the provision of nonacademic and extracurricular services andactivities, including meals, recess periods, and the services and activities set forth in 104.37(a)(2), a recipient shallensure that handicapped persons participate with nonhandicapped persons in such activities and services to themaximum extent appropriate to the needs of the handicapped person in question.

34CFR Part 104.37 Nonacademic services

(a) General.(1) A recipient to which this subpart applies shall provide nonacademic and extracurricular services and activities in

such manner as is necessary to afford handicapped students an equal opportunity for participation in suchservices and activities.

(2) Nonacademic and extracurricular services and activities may include counseling services, physical recreationalathletics, transportation, health services, recreational activities, special interest groups or clubs sponsored bythe recipients, referrals to agencies which provide assistance to handicapped persons and employment ofstudents, including both employment by the recipient and assistance in making available outside employment.

(b) Counseling services. A recipient to which this subpart applies that provides personal, academic, or vocationalcounseling, guidance, or placement services to its students shall provide these services without discrimination on thebasis of handicap. The recipient shall ensure that qualified handicapped students are not counseled toward morerestrictive career objectives than are nonhandicapped students with similar interests and abilities.

34CFR Part106.8 Designation of responsible employee and adoption of grievance procedure

(a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its efforts tocomply with and carry out its responsibilities under this part, including any investigation of any complaintcommunicated to such recipient alleging its noncompliance with this part or alleging any actions which would beprohibited by this part. The recipient shall notify all its students and employees of the name, office address andtelephone number of the employee or employees appointed pursuant to this paragraph.

(b) Complaint procedure of recipient. A recipient shall adopt and publish grievance procedures providing for prompt andequitable resolution of student and employee complaints alleging any action which would be prohibited by this part.

34CFR Part 106.9 Dissemination of policy

(a) Notification of Policy.(1) Each recipient shall implement specific and continuing steps to notify applicants for admission and employment,students and parents of elementary and secondary school students, employees, sources of referral of applicants foradmission and employment, and all unions or professional organizations holding collective bargaining or professionalagreements with the recipient, that it does not discriminate on the basis of sex in the educational programs oractivities which it operates, and that is required by Title IX and this part not to discriminate in such a manner. Suchnotification shall contain such information, and be made in such manner, as the Assistant Secretary finds necessaryto apprise such persons of the protections against discrimination assured them by Tit le IX and this part, but shall


33/37

state at least that the requirement not to discriminate in education programs and activities extends to employmenttherein, and to admission thereto ...

(b) Publications.(1) Each recipient shall prominently include a statement of the policy described in paragraph (a) of this section in

each announcement, bulletin, catalog, or application form which it makes available to any person of a type,described in paragraph (a) of this section, or which is otherwise used in connection with the recruitment ofstudents or employees.

(2) A recipient shall not use or distribute a publication of the type described in this paragraph which suggests, by

text or illustration, that such recipient treats applicants, students, or employees differently on the basis of sexexcept as such treatment is permitted by this part.(c) Distribution. Each recipient shall distribute without discrimination on the basis of sex each publication described in

paragraph (b) of this section, and shall apprise each of its admission and employment recruitment representatives ofthe policy of nondiscrimination described in paragraph (a) of this section, and require such representatives to adhereto such policy.

Title VI- Civil Rights Act, 1964

Part 100.3 Discrimination prohibited

(a) General. 34CFR No person in the United States shall, on the grounds of race, color, or national origin be excludedfromparticipation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to whichthis part applies.

(b) Specific discriminatory actions prohibited.

(1) A recipient under any program to which this part applies may not, directly or through contractual or otherarrangements, on grounds of race, color, or national origin: (i) Deny an individual any service, f inancial aid, or otherbenefit provided under the program; (vi) Deny an individual an opportunity to participate in the program through theprovision of services or otherwise afford him an opportunity to do so which is different from that afforded others underthe program (including the opportunity to participate in the program as an employee but only to the extent set forth inparagraph (c) of this section).

Section IV.O. Public Notification

Prior to the beginning of each school year, recipients must advise students, parents, employees and the general publicthat all vocational opportunities will be offered without regard to race, color, national origin, sex, or handicap.Announcement of this policy of nondiscrimination may be made, for example, in local newspapers, recipient publicationsand/or other media that reach the general public, program beneficiaries, minorities (including national origin minorities withlimited English language skills), women and handicapped persons. A brief summary of program offerings and admissioncriteria should be included in the announcement; also the name, address and telephone number of the person designatedto 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 willtake steps to assure that the lack of English language skills will not be a barrier to admission and participation invocational education programs.

Section V.B. Counseling and Prospects for Success

Recipients that operate vocational education programs must insure that counselors do not direct or urge any student toenroll in a particular career or program, or measure or predict a student's prospects for success in any career or programbased upon the student's race, color, national origin, sex, or handicap. Recipients may not counsel handicapped studentstoward more restrictive career objectives than nonhandicapped students with similar abilities and interests. If a vocationalprogram 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 counselingactivities.

Section V.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 vocationaland career opportunities, the curricula and programs described should cover a broad range of occupational opportunitiesand not be limited on the basis of race, color, national origin, sex, or handicap of the students or potential students towhom the presentation is made. Also, to the extent possible, recruiting teams should include persons of different races,national origins, sexes, and handicaps.


34/37

Iowa Administrative Code 281-12.1(256) General standards

12.1(1) Schools and school districts governed by general accreditation standards. These standards govern theaccreditation of all prekindergarten, if offered, or kindergarten through grade 12 school districts operated by

public school corporations and the accreditation, if requested, of prekindergarten or kindergarten through grade

12 schools operated under nonpublic auspices. Each school district shall take affirmative steps to integrate

students in attendance centers and courses. Schools and school districts shall coll

Documents

Clinton CSD Equity Final Jan 29