Vocational Education and Civil Rights

Department of Education
Office for Civil Rights
Washington, D.C. 20202-1100
MAY 1991

VOCATIONAL EDUCATION PLAYS A VITAL ROLE

Vocational education (Voc Ed) plays a vital and increasingly popular role in the Nation's education system. More than 17,000 school districts and community and junior colleges offer Voc Ed classes or programs. In addition, it is the primary or sole purpose of more than 3,500 postsecondary vocational education centers to teach employment skills. Thousands of Voc Ed courses and programs are offered throughout the United States and are organized and administered in ways that are appropriate for each local district and State. The federal government also supports and promotes vocational education. Federally supported programs have civil rights responsibilities. Civil Rights laws, as enforced by the Office for Civil Rights (OCR), U.S. Department of Education (ED), protect people from illegal discrimination in programs or activities receiving federal financial assistance. Title VI of the Civil Rights Act of 1964 protects people from discrimination on the basis of race, color, or national origin; Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of handicap; and the Age Discrimination Act of 1975 prohibits discrimination based on age. All of these laws pertain to the rights students have to gain equal access to Voc Ed classes and programs. The Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color National Origin, Sex, and Handicap in Vocational Education Programs (Voc Ed Guidelines), first issued by OCR in 1979, further spell out student rights and school responsibilities.

Occasionally, problems occur that raise questions about whether civil rights responsibilities are being fulfilled. For example, issues arise if a potentially high-paying field of study has no female students in its classes or if black and Hispanic students are enrolled in Voc Ed classes in a proportion far greater than their proportion of the population in the school district and are disproportionately under enrolled in academic programs traditionally associated with college attendance. Although these may not be signs of discrimination, an understanding of the Voc Ed Guidelines is essential to ensure that unlawful discrimination is not taking place.

This pamphlet discusses the Voc Ed Guidelines and how they relate to the civil rights of students and staff beneficiaries and to the responsibilities of recipients (schools, colleges, proprietary schools, and Voc Ed centers) that receive federal assistance.

VOCATIONAL EDUCATION MUST BE OPEN TO ALL

Public Notification

Schools (including colleges and Voc Ed centers) have a responsibility under the Guidelines to inform students, parents, employees, and the general public that all vocational opportunities are offered without regard to race, color, national origin, sex, or handicap. A nondiscrimination policy may be announced in school catalogs and handbooks, in newspapers, and through whatever sources, outlets, or media are available. Schools should give thought to the best ways to reach people protected by civil rights laws -- perhaps by advertising in minority and foreign language newspapers, in publications oriented toward female readers, or in publications for people with handicaps. Recipients must disseminate public notice information to communities of national origin minorities with limited English skills in their language to assure that the lack of English skills will not be a barrier to admission and participation in Voc Ed programs. A brief summary of program offerings and admissions criteria should be included in publicity announcements with the name, address, and telephone numbers of the staff members designated to coordinate civil rights compliance. These promotional activities -- including brochures, career day visits by student groups and business leaders, and parent-night demonstrations -- must not create or perpetuate stereotypes as to race, national origin, color, sex, or handicap. For example, a school should not illustrate a brochure about management classes with sketches or photos showing only white males.

Student Recruitment

When recruiting students, schools may not stereotype in presenting vocational and career opportunity information. For example, a black or Hispanic student requesting vocational information should not be limited to receiving information on custodial careers. Females should be encouraged to consider business and industry related careers, such as electronics or building trades.

The Guidelines point out that, to the greatest extent possible, recruiting teams should also include people of different races, national origins, sexes, and handicaps.

Admissions Criteria

Students who want to enroll in a Voc Ed program must be considered for admission without regard to their race, color, national origin, sex, or handicap. Criteria controlling student eligibility for admissions to Voc Ed schools, facilities, and programs may not unlawfully discriminate on these bases. A recipient may not develop, impose, maintain, approve, or implement discriminatory admissions criteria. Height requirements in a training program, for example, might be found to discriminate against women, Asian American, or Hispanic applicants.

Schools may not judge applicants on criteria which have the effect of disproportionately excluding members of a particular race, national origin, sex, or handicap. Sometimes schools require a student to have a particular academic standing or a certain test score on a standardized test, such as the Test of Adult Basic Education, or to score within a certain range on a vocational interest test. If these criteria are required by a school for admission to a Voc Ed class or program and if they have the effect of disproportionately excluding students on the basis of race, national origin, sex, or handicap, the school must be able to prove the criteria's validity as essential to participation in the Voc Ed program. If the school can demonstrate that its criteria for admission have been validated as essential to participation in a given program and that equally valid alternative criteria that do not have such a disproportionate adverse effect are unavailable, the criteria will be judged nondiscriminatory.

A prerequisite class may be required before admission only if that class is and has been open to students on a nondiscriminatory basis. As stated in the Guidelines, if a prerequisite class was previously closed on the basis of race, national origin, color, sex, or handicap, it must be opened and the school must demonstrate that it is an essential class for success in the program and the class must be presently available to those seeking enrollment for the first time and to those formerly excluded.

All vocational programs must be open to national origin minority students. If national origin minority members have limited English language skills, they should not be denied admission or restricted in course selection. Persons with limited English skills should not be restricted from admission because they cannot participate in and benefit from vocational instruction to the same extent as a student whose primary language is English. Recipients must take steps to identify and assess those students and to open all vocational programs to them. If students are concentrated in one or a few programs, the school must show that this is not the result of discriminatory limitations imposed upon minority students. Vocational programs must also be open to handicapped students as discussed below.

Counseling of Students

Schools must ensure that their counseling materials and activities and promotional and recruitment efforts do not discriminate on the basis of race, color, national origin, sex, or handicap. Counselors may not direct or urge any student to enroll in a particular career or program or measure or predict a student's prospects for success in any career or program, based on the student's race, color, national origin, sex, or handicap. School staff may not counsel handicapped students toward more restrictive career objectives than nonhandicapped students with similar abilities and interests. If a vocational program disproportionately enrolls male or female students, minority or nonminority students, or students with handicaps in certain classes, schools must take steps to ensure that the disproportion does not result from unlawful discrimination.

Counselors must be able to communicate effectively with national origin minority students with limited English language skills and with students who have hearing impairments. This requirement may be satisfied by having interpreters available.

Work Study, Apprenticeship Training, and Job Placement Programs

Schools may not discriminate against students on the basis of race, color, national origin, sex, or handicap in making opportunities available in cooperative education, work study, apprenticeship training, and job placement programs. Schools may not enter into any agreement with an employer or labor union that discriminates against students, including agreements or requests to hire students of a particular race, sex, national origin, or to hire only handicapped students.

Employment of Faculty and Staff

Schools may not engage in any employment practice that discriminates against applicants or employees on the basis of sex or handicap. Schools may not engage in an employment practice that discriminates on the basis of race, color, or national origin if such discrimination tends to result in segregation, exclusion, or other discrimination against students. If a school has few protected group staff members as compared to their proportion in the relevant labor market, it should examine the causes of the disproportion to ensure that it does not result from unlawful discrimination.

Equal Access For Students with Handicaps

Students with handicaps must be admitted and given equal access to programs. Schools may not deny students access to Voc Ed programs or courses because of architectural or equipment barriers or because of the need for related aids and services or auxiliary aids. If necessary, recipients must modify instructional equipment, modify or adapt the manner in which the courses are offered, house programs in facilities that are readily accessible to mobility-impaired students or alter facilities to make them accessible, provide auxiliary aids that effectively make lectures and necessary materials available to students with handicaps, and provide related aids or services that ensure students an appropriate education. It is the recipient's responsibility to plan and budget for supplemental aids and services that allow full participation in education services for students with handicaps. In particular, students with handicaps may not be denied access to vocational programs or courses because employment opportunities may he more limited for them.

Schools must place secondary-level students who have handicaps in the regular Voc Ed programs to the maximum extent appropriate to the needs of the student unless it can be demonstrated that the student's education in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. Students with handicaps may not be placed in a program until the school carries out the evaluation, placement, and procedural safeguards required by Section 504. If a separate class is set aside for students with handicaps, the facility, programs, and services must be comparable to those offered to nonhandicapped students.

STATE EDUCATION AGENCY RESPONSIBILITIES

State agencies receiving federal funds, such as school districts or colleges that receive federal funds, may not discriminate on the basis of race, color, national origin, sex, or handicap. If State agencies have approval authority over the activities at schools, centers, or colleges, they may not approve discriminatory activities. In addition to being nondiscriminatory in the conduct of their own programs, State agencies must be nondiscriminatory in establishing criteria for federal or State fund distribution and in establishing admission policies or administrative requirements for the State program.

Site Selection

When selecting or approving a site for a Voc Ed facility, State and local recipients of federal funds may not choose a location for the purpose or with the effect of excluding, segregating, or otherwise discriminating against students on the basis of their race, color, national origin, sex, or handicap. Site selection must include an accessible location for both minority and non-minority communities, and the State agency must ensure that this facility will not be identified as intended for either minority or nonminority students. Similarly, geographic boundaries for Voc Ed center service areas or attendance zones must not be discriminatory in their effect.

State agencies and Voc Ed centers may not adopt or maintain a system of admission to Voc Ed schools or programs that places a limit on the number of students to be admitted from feeder schools if this system disproportionately excludes students on the basis of race, color, sex, national origin, or handicap. Unlawful discrimination may occur if a substantial number of minority students residing outside the service area are declared ineligible for the center while a substantial number of nonminority students residing outside the service area are eligible. Voc Ed programs should offer the same range of classes and the opportunities for employment regardless of the number of minority students in their service area. For minority and nonminority students, training should result in opportunities for jobs offering the same status, salary, and need

Establishing a Civil Rights Compliance Program

Under the Voc Ed Guidelines, a State agency responsible for the operation or administration of Voc Ed programs must develop a Method of Administration (MOA) plan describing how the agency will ensure its compliance and the compliance of its subrecipients with federal civil rights mandates enforced by OCR. The plan must include a collection and analysis of civil rights data obtained by these agencies and centers for their own purpose or for submission to State or federal agencies; period compliance review, including positive action to attain compliance; provision of technical assistance when requested by agencies and centers, including assistance in identifying, preventing, and remedying discrimination; and a periodic reporting of these activities and findings to OCR, including findings of unlawful discrimination.

OCR regional offices have the principal responsibility for ensuring that each State is adhering to its MOA commitments. OCR reviews annual Voc Ed MOA reports and advises States of their compliance status. If OCR finds that a State has a deficiency, OCR notifies it of corrective actions necessary to resolve the deficiency and provides technical assistance (TA) as necessary.

OCR enforces civil rights laws prohibiting discrimination in education programs or activities receiving federal financial assistance. As part of OCR's enforcement functions, it investigates complaints filed by individuals or groups of people; conducts compliance reviews of schools, school systems, or higher education institutions when major deficiencies are suspected; and provides TA to schools and colleges.

Regional OCR TA staff are available to local administrators and program beneficiaries to help to ensure that education programs are equitable for all students. Students, parents, and educators may wish to contact the OCR regional office serving their State or territory for additional information.

U.S. DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
REGIONAL CIVIL RIGHTS OFFICES

Date of Document 05/01/1991

File last updated on October 4, 1999