LEAs that offer or
administer Career and Technical Education (CTE) programs and receive funds from
the U.S. Department of Education must meet certain program requirements. The
TEA has the regulatory responsibility to ensure that CTE programs in Texas
public secondary schools are accessible to all students. The TEA is required to
adopt a civil rights compliance program to identify, remedy, and/or prevent
discrimination in CTE programs operated by LEAs. The authority to conduct
monitoring activities related to civil rights compliance is found in:
Eliminating Discrimination and Denial of Services on the Basis of Race, Color,
National Origin, Sex, and Handicap in Vocational Education Programs, March 21,
1979 (34 CFR, Part 100, Appendix B).
Title VI of the Civil
Rights Act of 1964 and implementing regulations (34 CFR, Part 100) which
prohibit discrimination on the basis of race, color, and national origin.
Americans with Disabilities
Act (ADA) of 1990 and the implementation of 28 CFR, Part 35.
Title IX of the
Education Amendments of 1972 and the implementation of 34 CFR, Part 106 which
prohibit discrimination on the basis of sex/gender.
Section 504 of the
Rehabilitation Act of 1973 and implementing regulations (34 CFR, Part 104)
which prohibit discrimination on the basis of handicap.
The Age Discrimination
Act of 1975 and implementing regulations (45 CFR, Part 90) which prohibit
discrimination on the basis of age.
Public Law 109-270, the
Carl D. Perkins Career and Technical Education Improvement Act of 2006.
Annual Notification of Nondiscrimination
requirement of the United States Department of Education, Office for
Civil Rights (USDE-OCR) is that,
prior to the beginning of each school year, every LEA providing CTE programs
must advise students, parents, employees, and the general public that all CTE
opportunities will be offered without regard to race, color, national origin,
sex, or disability. Local newspapers or other media that reach the general
public must be utilized to disseminate the required notification. Information
regarding this requirement can found in Section IV - O of the Guidelines under
Public Notification. English and Spanish versions of sample public notification
forms that include all required elements for complying with this requirement
are available for LEA use.
Program Access Review
The purpose of the
on-site program access review (PAR) is to ensure that CTE programs in Texas
public secondary schools are accessible to all students and public facilities
on campuses housing CTE programs are accessible to all members of the public,
as required by federal and state statute or regulation. The PAR will consist of
two major components: (1) a review of program activities and documentation
focused on the elimination of discrimination and the denial of services based
upon race, color, national origin, sex, and handicap, and (2) a facility
inspection focused on architectural barriers.
Facility reviews for
architectural barriers will occur at those campuses and facilities that house
programs/activities accessed by CTE students and the public. The facility
review for architectural barriers will be conducted in accordance with the
federal accessibility standards in effect on the construction date(s) for a
facility and based on the presence of students with special needs and related
staff located at the facility. The review will include an inspection of
facilities by the TEA on-site team in conjunction with selected LEA personnel.
LEA staff members that are responsible for facilities and facility maintenance
are expected to be in attendance at the facility review. Federal accessibility
standards are addressed in indicators that are examined during the PAR on-site
Findings from the PAR
will result in the development of an Program Access Review Action
Plan by the LEA which must be approved and
monitored by the TEA to ensure timely completion of corrective activities.
Information resulting from the PAR will be provided to the USDE-OCR.
Intervention Guidance and Resources are available to assist LEAs participating in
program access reviews.