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June 21, 2004
Dr. Sally Downey
Superintendent
Joint Technical Education District
c/o East Valley Institute of Technology
1601 West Main Street
Mesa, Arizona 85201
RE: East Valley Institute of Technology
OCR Case Number 08041022-D
Dear Superintendent Downey:
On November 6, 2003, the U.S. Department of Education, Denver Office for Civil Rights (OCR) received a complaint of discrimination filed against the East Valley Institute of Technology (EVIT), a recipient of Federal financial assistance that serves students in grades 9-12. The complainant alleged that the EVIT subjected national-origin minority students to different treatment by prohibiting their use of conversational Spanish during informal, social conversations in a Cosmetology classroom. Also, the complainant alleged that the EVIT discriminated against national-origin language-minority parents by failing to communicate with them about school-related matters in a language they understood.
OCR is responsible for enforcing Title VI of the Civil Rights Act of 1964,
and its implementing regulation, at 34 C.F.R. § 100.3(a) and (b), which
provides that recipients of Federal financial assistance may not, directly or
through contractual or other arrangements, on the ground of race, color, or
national origin, exclude persons from participating in its programs, deny them
any service or the benefits of its programs, or subject them to separate treatment.
With respect to the allegation involving effective notice to parents, a Department
policy document, the May 25, 1970 memorandum to school districts, Identification
of Discrimination and Denial of Services on the Basis of National Origin,
35 Fed. Reg. 11,595 provides that recipients have the responsibility to adequately
notify national-origin minority group, limited-English proficient parents of
school activities that are called to the attention of other parents, and that
such notice in order to be adequate may have to be provided in a language other
than
English. 1 The EVIT
is a recipient of Federal financial assistance from our Department and a vocational
educational school and is subject to these laws.
OCR investigated the following issues:
Whether the EVIT discriminated against Hispanic students by subjecting them to different treatment by prohibiting their use of conversational Spanish during informal, social conversations in a Cosmetology classroom, in violation of 34 C.F.R. § 100.3(a) and (b); and
Whether the EVIT discriminated against national-origin, language-minority parents by failing to communicate with them about school-related matters in a language they understand, in violation of 34 C.F.R. § 100.3(a) and (b).
OCR’s investigation included a review and analysis of records and documents pertinent to the issues of the complaint and as provided by the EVIT and the complainant, and interviews. This letter serves to inform you of our findings regarding these issues and the bases for our conclusions.
Prohibiting the use of conversational Spanish during informal, social conversations in a Cosmetology classroom
OCR found that the EVIT does not have a written policy restricting when or where students may speak Spanish at school, the EVIT and Cosmetology Handbooks do not address students’ use of English in classrooms, and in practice, teachers establish their own classroom rules. In October through November 2003, a Cosmetology instructor included in her classroom rules, “Conversations will be in English during class time.” According to the EVIT, and as confirmed by OCR in its review of the classroom rules, no other classroom (including those of five other Cosmetology teachers) includes an English-only rule. During the course of its investigation, OCR found that in November 2003, the instructor removed the posted rule. During an interview with OCR, a Hispanic Cosmetology student confirms that the rule is no longer posted, that she and other students are currently allowed to speak Spanish in the Cosmetology classroom, and that no other EVIT classrooms have a rule that restricts the use of Spanish. In an interview with OCR, the EVIT campus director confirmed that the instructor’s classroom rule regarding the use of English is no longer in effect. On March 24, 2004, the Superintendent states to OCR that the EVIT did not have an English-only rule prior to this incident; the EVIT removed the posted rule immediately; and that talking in Spanish before and after class, during break, and in casual conversation is acceptable on the EVIT campus. She also states that the EVIT will not post an English-only rule like that again.
Since OCR does not proceed with complaint resolution in instances where we have confirmed that an allegation raised by the complaint has been resolved, we are closing the investigation of this issue as of the date of this letter.
Communication with Language-Minority Parents
The complainant alleges that the EVIT discriminates against national-origin language-minority parents by failing to communicate with them in a language they understand. The complainant alleges that language-minority parents have reported to him that no information is sent from the school in Spanish, including the Student Handbook, Board policies, campus events, program and school informational brochures, discipline policies; the EVIT is unaware of the language-minority parents who need interpreter services and has not notified them of the availability of interpreter services; staff members are not trained regarding meaningful communication requirements; and there are not enough interpreters and translators at the EVIT.
The EVIT reports that it enrolls approximately 2,343 students, and has a list of 172 parents who have received Spanish-speaking interpreter services during school year 2003-04. It does not have a plan or policies and procedures regarding meaningful communication with language-minority parents, e.g., there is not a formal system in place for translating documents and providing interpreters in a timely manner.
According to the EVIT, staff members know which parents require translation or interpretation services through registration forms and counselors, the student data collection system, and instructor interactions. In its data response, the EVIT states that it communicates with language-minority parents by use of an on-site bilingual instructor/staff person assigned to handle detention matters and who also serves as the interpreter for Spanish-speaking parents, and includes a list of eight other staff persons “who are willing to do the same.” The EVIT reports that it provides a fact sheet, class schedules, information flyers, an enrollment fee letter, school brochures, and pamphlets to parents, and acknowledges that the documents are not available in any other language but English. Several of the course/program handbooks contain information to parents and several indicate that parents are to sign off that they have read these. All of the handbooks are available only in English. During an interview with OCR, a language-minority parent whose first, home and primary language is Spanish states that written communications (including reports on her daughter’s progress and the EVIT Handbooks) are sent to her in English.
In its data response, the EVIT reports that it “has been made aware of a deficiency in its communication with Spanish-speaking parents” through responding to this complaint. The EVIT also identifies ways to improve its communication with language-minority parents, including the areas of notifying language-minority parents of available interpreter services and a point of contact for assistance in accessing interpreter services, and staff training.
In an effort to effectively ensure meaningful access to its educational program and services, the EVIT acknowledged the need to improve its communication with language-minority parents and on June 10, 2004, we received the enclosed written Resolution Agreement. This investigation is being closed subject to the successful completion of the written Agreement, which will be monitored by OCR. If the EVIT does not follow the terms of the Agreement, OCR will resume the investigation.
Federal regulations prohibit intimidating or retaliating against anyone who files a complaint with our Office or who takes part in an investigation. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personal information, which if released, could constitute an unwarranted invasion of privacy.
OCR appreciates the cooperation we received from you and Dr. Janet Cox in processing this complaint. If you have any questions regarding the resolution of this case or the monitoring of the Agreement, please contact me at (303) 844-4568, or Angela Martinez-Gonzalez, at (303) 844-6083.
Sincerely,
/S/
J. Aaron Romine
Supervisory Team Leader
Enclosure
Cc:
-
Dr. Janet Cox,
EVIT Director
Honorable Tom Horne
Arizona Superintendent of Public Instruction
[Once agreement is reached, please provide the final Agreement on EVIT letterhead, signed by the EVIT Superintendent, and addressed to Ms. Lillian Gutierrez, Regional Director, Office for Civil Rights, U.S. Department of Education, 1244 Speer Blvd., Suite 300, Denver, Colorado, 80204. Please also provide a facsimile copy to OCR at (303) 844-4303.]
Corrective Action Agreement
East Valley Institute of Technology
OCR Case Number 08041022
The U.S. Department of Education, Office for Civil Rights (OCR) received a complaint alleging that the East Valley Institute of Technology (EVIT) discriminates against national-origin, limited-English proficient parents by failing to communicate with them in a language they understand, in violation of Title VI of the Civil Rights Act of 1964 and its implementing regulation at 34C.F.R. § 100.3(a) and (b). The EVIT submits this agreement to voluntarily resolve the allegation involved in this complaint, and agrees to take the following actions:
1. General Policies and Procedures: The EVIT will develop a written plan with policies and procedures to ensure meaningful communication with national-origin minority limited-English proficient (LEP) parents. The plan will specify how the EVIT will provide language assistance and address all provisions of this agreement. The plan will address how the EVIT will ensure annual self-monitoring of implementation of its procedures, including the provisions of this agreement.By September 1, 2004, the EVIT will provide OCR with a copy of its draft plan and written policies and procedures for review. By September 30, 2004, the EVIT will adopt the approved plan and implement the written procedures to ensure meaningful communication with national-origin minority LEP parents.
3. Assessment of Language Needs: By October 30, 2004, the EVIT will identify its national-origin minority LEP parents who require translation or interpreter services.
4. Staff Notice and Training
- By October 30, 2004, the EVIT will notify appropriate teachers and administrators of the names of their national-origin minority LEP parents, as identified by Term 3, who require translation and interpreter services.
- By October 30, 2004, the EVIT will train appropriate staff on EVIT procedures for effectively communicating with national-origin minority LEP parents. Staff training will consist of: when and how to obtain qualified language assistance, the importance of effective communication with LEP individuals, use of interpreters when staff receive or make calls to language-minority individuals, the impact of ethnic and cultural differences on effective communication, and applicable record-keeping procedures and reporting requirements.
6. Self-Monitoring: By October 30, 2004, the EVIT will maintain a record-keeping system of interpreter and translator services requested. The system will include information on the interpreter and translator services requested, including the primary language of the student/parents and their names, the date of the request and the date services were provided, the source and name of any interpreter or translator used (e.g., bilingual staff, staff interpreters or translators, contract interpreters/translators, community volunteers, telephone interpreter lines), and the reason for/purpose of the request. The EVIT will develop a procedure to track the system to ensure that communication needs of the national-origin LEP parents are being timely and effectively met through appropriate use of interpreters and translators.
7. Translation of Written Materials: For predominant language groups, as determined by the EVIT, the EVIT will provide, to the extent feasible, written translations to national-origin minority LEP parents of those notices that are sent to other parents. The EVIT confirms that it routinely provides to all parents certain documents. The documents include the following:
- Public notification materials (EVIT campus fact sheet, informational flyers, school brochures, pamphlets)
- Registration/enrollment form
- Emergency notification form
- Report cards or progress reports
- EVIT Student Handbook
- Course schedules and handbooks
- Student discipline procedures
- Enrollment fee letter
Accordingly, by October 30, 2004, for these and other documents routinely provided, the EVIT will make available written translations for appropriate distribution, and will remind its staff members that these are available and are to be used appropriately. For those languages that are less prominent or where translations are not feasible, the EVIT will ensure that students and parents have been advised, in a language that they understand, of who to contact in the EVIT if they need assistance in understanding notices or communicating with EVIT staff members.
8. Reporting Requirements: By November 15, 2004, the EVIT will provide OCR with a copy of its approved plan and written procedures as described in Term 1. The EVIT will also provide OCR with supporting documentation that all remaining terms above have been fully and timely implemented.OCR may request additional reports and documentation until the EVIT demonstrates full compliance with this agreement
__________/S/___________
Dr. Sally Downey
EVIT Superintendent
June 10, 2004
Date
1 Further, OCR addresses complaints raising the issue of meaningful communication with LEP parents in a manner consistent with Executive Order 13166, Improving Access for Persons with Limited English Proficiency. The U.S. Department of Justice Guidance issued on June, 18, 2002, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, provides specific guidance about the method and manner (including translation and interpretation) for delivering the information in a timely and effective way.
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