Religious Schools in Their Efforts to Im

DOCUMENT RESUME

ED 123 701 95 BA 008 229

AUTHOR' McCune, .Shirley; Matthews,- Martha TITLE Programs for Educatidhal Equity: Schools and ,Affirmative Action. INSTITUTION Office of Education (DHEW), Washington, D.C. REPORT NO DREW -OE -75 -03001 t'UB DATE 75 NOTE 59p. AVAILABLE FROMSuperintendent of Documents, U.S. Government Printing Office, .Washington, D.C. 20402 (Stock No. 017708001457-2; $1.20

EDRS PRICE M-$0.83 HC-$3.50 Plus Postage. DESCRIPT1RS *Affirmative Action.; Definitions; *Educational Discrimination; Elementary Secondary Education; *Employment Practices; *Federal Legislation; *Guidelines; post Secondary Education: *Program- af Development; RacialTiscrimination; Religious Discrimination; Sex biscrimination IDENTIFIERS Civil.Rightv Act 1964; Education Amendments 1972 Title IX

ABSTRACT This publication is a revised version of a, monograph that was originally prepared to provide background information for a 1974 conference on affirmative action in employment and education. In its present form, it is intended to provide technical support for schools in their efforts to implvent Title VI of the Civil Rights Act of 1964 and Title IX of the tducational Amendments of 1972. Although the monograph focuses specifically 'on elementary and secondary schools, most of its content can be applied to postsecondary, institutions as well. Separate short sections discuss the origin )nd foundation of affirmative action in employment, the need for armative actionin educational employment, instituting an employment affirmative' action plan, elements of an employment affirmative action pl,an, affirmative action in educational programs, foundations of affirMative action in educational programs,initiating an educational program affirmative action plan, and elements of educational program affirmative action. In addition, the appendix contains sample affirmative action plans for local education agencies, an employer's checklist on equal employment opportunity, and guidelines for evaluating affirmative action plans. (JG)

***********************************************************44********** Documents acquired by ERIC include many informal unpublished * materials not available from other sources. ERIC makes every effort * * to obtain the best copy available. Nevertheless, items of marginal * '* reproducibility are often encountered and this 'Affects the quality * * of the microfiche and hardcopy reproductions ERIC makes available * via the ERIC Document Reproduction Service (EDRS) .EDRS is not .* * responsible for the quality of the original document. PeproductiOns * * supplied by EDRS are the best that can be made from the original.\* ********************************************************************* Programs for WS Educational Equity Schools and Affirmative Action

U.S. Department of Health, Education, and Welfare

Office of Education

f DHEW Publication No. (OE) 75-03001

a PROGRAMS FOR EDUCATIONAL EQUITY:

SCHOOLS AND AFFIRMATIVE ACTION

Shirley McCune I and Martha Matthews

U.S. DEPARTMENT OF HEALTH, EDUCATION, ANDWELFARE Caspar W. Weinberger, Secretary Virginia Y. Trotter, Assistant Secretary for Education Office of Education T. H. Bell, Commissioner a

S GOVERNMENT PRINTING OFFICE WASHINGTON 1975

,.rs.tl-1.th ,Iperintendvnt imicnts.I S (,,,,ertmirnt Printing ( v.1,1 a.hino,,ri. I) G.2010 Pri« $1 2P. Biro1, Numhel PI 7 PRO illI,7 2

4 Foreword

The National Institute of EducatianNI E) was revisions in the unferenc monograph which re- establishedin1972 to support the policy of the sulted in this monograph. It focuses on education United States to provide every person an equal :igen( iesproviding K-I2 services;however,the opportunity to receive an education of high qual- principles( an he ,ipplied to postsecondary institu- ity ,regardless of race,color,religion, sex, national tions.Programs. for Educational Equityis intended origin, or social class. to provide technical al ,s9-p-Oort to the schools in their Toward that goal, the NIE sponsored a National implementation of title VI of the CiVil Rights Act Confer-en( r nn Schools and Affirmative Action (lur- of 1964, iind title iX of the Educational Amend- ing November )974 in Alexandria, Va. The objec- ments of 1972. tive was to provide an opportunity for dialogue Given the mission of theAIIE to further equity among three groups that are crucial in the delivery in education and the mandate of the USOE to proof quality education 'for all learnersteacher prac- vide technical assistance in implementing regula- titioners who work daily to provide quality educa- tions that concern program affirmative action, it is tion, staff from State departments of education who , fitting that the NIE and USOE join in conveying represent the front lines of support for educational Programs. for Educational Equityto the American programs, and FederalofTicililswhose activities education community, most support extend the efforts Of State depart- We thank our colleagues in other Federal offices ments and practitioners. "I'he c'onference focused on and agencies who pr,ided comments on both concepts of affirmative action in educational pro- manuscripts. Ti the athors, Shirley McCune and grams and also onVfirmative ;whorl in employment. Martha Nlatth are especially indebted. A monograph on equitx in educational programs was developed for the ( onference. More than 1,000 copies of. this monograph were distributed in 25 ,Joan E. Duval, PhD. States for training tea( her and State department Director, Women's Program Staff staff in fair policies and practices regarding sex and l'.S. OffitT of Education race in ,c hook. It also has served as resourc r mate- June 11)75 rial in the State legislatures for developing regulations and laws targeted at program and emplov- men( Satita G. Schotta, Ph. D. Inearly 1()75, the Women's Program Staff of the Senior Associate U.S. Office of falm ation USOE) suppOrted slight National I,nstitute of Education

iii Contents

Foreword l i t floodlit tion 1 Origin and Foundation of\ ffirmative Action in Emploment 3

'Ihe Need for .\liumative .\( tion in Educational Employment 11 Instituting an Emploment .\finulative .\( tion Plan 13 Elements of an Finplo mew .\ffirinative .\( tion Plan Affirmative .\( Lion in Educational Programs 21 Foundation, of Affirmative .\( tion in Educational Progrants. 23 flow To Initiate an Ethic atf'cinal Progra'm Affirmative Action Plan 25 Elements of -EMI( ational Program .\ffirmative Action 26

Appendixes A. Sample Emplm,ment Affirmative tion Plan for Local Education

Agent iv, . . 33 B. Sample Echicitional Program Affirmative Action Plan for Local Education Agent irs 40 C. Employer', Chet klist on Equal Employment Opportunity 45 D.( ;ilidcline, for Evaluating an Emploinent'.11firmative Action Plan_ 47 L. Guideline, for Lvaluating:an Educational Program Affirmative Ac- tion Plan 49 F.Office of Federal Contra( t. ComplianceRegional Offic'es 50 G. Equal Emploment Opportunity Commission Regional Offices 51 H. Offi« for Civil Rights, H.LAV. Regional Offices 52 I. Elementary-Secondar Staff Information (EE0.5) 5:3 J. EEOC Complaint Form 55

6 Introduction

Ih term "affirmatove at nonfirst entered the oriented pro( edures aimed at the identification and vocabular\ of most edtu ,hors i general refer- orrec nonofdist riminationare developed and cru to corm live measures for reduc mg rat c and applied. sexdisc riminationinprivateernplo\ mem. Among thesethreecategories the manner of passage of significant Federal laws inPri",!, how- initiation of at bon and the scope of activities vary ever, made affirmative at non avital «int ern for accordingtothe requirements ofthe situation; ethic dnas aridpersonsinterestedinequalit \of how is , thetic hnolog\ issimilar whether the educational opportunity and emplo\ went. .1( non is affirmative, corrective, or remedial. Phis legislation mdkes r ph( itthe responsibilit \ In this monograph, the term affirmative action is of the echo'.itionc ()unworn \ froth public and pr.]; used in the latter senseto refer to'the technology van.)to pros id and to maintain programs and which ma \he used affirmatively, correctively, or institutions whit h observe and support basic human remedially.Itisthroqgh the application of this and ( ivil rights ;Ind prim iplet.r of nondis( rimination. technology that programs for educational equity The prim Miesartit elatedintheselaws ma \heactualised. Although the tetm is (mist fre- evolved front a 200-year refinement of 1);c1U Con- mwmis used in reference to employment affirma- stitutional guarantees as defined through State and tive tic tion, it will also extended to describe the Federal,. statutes, legislativehistories, midjuiiicial s\ stcmatic applic ation of similar concepts and pro- decisions. ( edures to theidentification and remediation of The term "affirmative .1( non- is( orrenth used sources of discrimination in the educational pro- in at least three ways: gram of an agency or institution. In this sense, 1. In its broadeste ()we'd, the term affirmative the methodology provides a procedure for institu----' action refers to the concept timt discrimination in tional self-evaluation and the initiation of correc- employment \hrelle( tivelyeliminatedonly tive actions. through the systematic identific ation and mndific.1- Affirmative action begins with the development don of institutional structures that maintain and and implementation of a plan which providesiI perpetuate inequality. Mr( ismandproceduresfor(a)systematic 2. As used by the Federal Covernmentiffirma- idesficatinn of sours esof discriminationin an tiye ac non refers to employer welopinnt employment .stern, (h) specification of corrective of asetof spec ifitresult-orientediro( Mures to measures, and (c)the development and mainft- ensurethatjob.ipplit antsandenloversare nance of prase edures for ongoing monitoring, evalu- treated without nregard to rate, color, relion, sex, ation, and modification of that, plan. An affirrna- or national origin.. The term usually implies ;o tine :dye action planisasetof specific and result-, taken to overcome the rife( is of conditions which orienled policies, guidelines, and procedures which have resulted in limited participation of minorities commits an employer to apply gohd faith efforts and women. This .ntivity, correctly labeled "affirm- to eliminate and prevent discrimination and the ative action,-is distinguished from corrective or current effects of past discrimination. remedial action, which is taken 1w institutions or Perhaps no term has as many .connotations as agencies asaresultof the identificationdf dis- "affirmative' action." Some civil and human rights criminationthroughrequiredinstittnionalself- activists describe it as a "cop out" method for pre- evaluation or when mandated after a (urinal finding tending to deal with the problem of discrimination, of discrimination by ;t Federal or State agency or as an inadequate straN,PgY for change, or as another court. delaYing tactic. To other individualsitrepresents 3. A general usage of the termrefersto the "reverse discrimination," "quotas- in employment methods or technolo1Tv by which specificresult- oradmission,oraninstitutionalizedsystemof

1 7 preferential treatment. Still others view affirmative women's groups. More than 300 complaints of sex a( tion as a potentiall efTe( tine method for reform- discrimination Were made against various univer- ing edm atimial emplmment poll( .tr and programs. sities. As. a result, institutions of higher education Under F.xe( utive Order 1124-4 all Federal con-litrgastoondertakecorrectiveandaffirmative tractors are required to obseeil- nondiscriminatory ,u-t ion. emplmment polio is, those holding contracts Of Additionalpressure was broughtto bear on $5(1,000 or more ;ire required to develop affirma- educational institutions and local education agen- tive ,1( bon plans for emploment. Further, Federal cies with the passage of antidiscrimination statutes agemies .ire provided the authority to monitor and in 1972. This legislation provided a basis for affirm- inyestigateFederal(ontr,1( torsfirpossibledis- ative notion in local education agencies as well as g rimin.0 ton against. minorities anil women. A pm- institutiorw of higher education. , edure for filing( omplamts againistlt.ontractors by Nt present, the technique of affirmative action is at,grieved individuals is specified. prat tical, equitable method of confronting dis- The first impa( tof this*brder and the introduc-- (rimirlation found in the employment practices allkd tine of affirmative and( orrectiveotionconcepts into the -rdiu ational «immunity. I(,inin the late policies and the educational program practices and-7* 1060'swithinhigher edm ation ins itlitions hold-thg poli( is of educational institutions and agencies. - Federal «nitrous. .1Ithough affirmative;1( (ionin This monograph provides additionalJiaterial about 'the prkate se( for had been largely directed towil"rd the basis and evolution of affirmative action, the provitlint!,eqn,11employmentopportunitiesfor elements of affirmative action plans, and specific fil.u.ks and other minorities, ;1 primary impetus for information that will assist in the development of affirmatke .1( bon in higher ediu,ition (ame from plans for your institution or district.

MMINI1111

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2 Origin and Foundation of Affirmative Action inEmployment

Many believe that affirmative action as a tool sanelpolicies and actions Were gradually added for the attainment of equal employment oppor- as it became' apparent that the initial ordeal had tunityis of recent origin. The beginnings of this limitedimpact. Original effortsto preventdis- concept, which has now become an integral part criminationinemployment were based on an of personnel management, however, may be traced assumption that simply openingof employment back to the 1940's. .11firmative action has evolved opportunity in hiring would eliminate disctimina- from.numerous attempts to eliminate discrimination. tion: in Federal empl%ment and Federal contracts. At By the 1960's it became clear that discrimination present, six bodies of law and precedents support was deeply imbedded in the social structure of our affirmative action in employMent society and change would not occur without more Federal executive orders deliberate commitment andspecific action. Federal antidiscrimination laws Thus, by1960,the viewwas developing that State antidiscrimination laws Passive nondiscrimination was notenough.. Judicial decisions Discrimination, it was recognized, could exist Laws regulating' collective bargaining agree- and flourish in the simple absence of positive or affirmative actions' ments " In1961,with this recognition, PresidentJohn F. Institutional policies prohibiting discrimination. Kennedy issued Executive Order10925which pro- The relevance of one or more of these to a specific vided both penalties for noncompliance and a sub- instance is determined by a, number of variables. stantialbudgetfor enforcement oftheorder. The following sections discus.; each of these laws Affirmative action now had its mandate and re- and precedents in order to provide a general frame- quired «intractors to activelyrecruit.minorities to work for considering affirmative' action. fill positions. Executive Order 10925 was also the first order with fipecific enforcement provisions. 'President Lyndon B. Johnson's Executive,Order FEDERAL EXECUTIVE ORDERS 11246expanded the requirements for affirmative action. It established the Office of Federal Contract The origin of efforts to reduce discrimination in Compliance (OFCC) in the U.S. Department of employment are found in Federal executive orders Labor which was to provide an experienced corps prohibiting discriminationincompanies holding of Federal employees trained in the implementa- Federal (Ontracts. Bla( k civil rights leaders worked tion of affirmative action.' for year's to move the Federal Government toward In 1975, we find the OFCTC continuing totighten a policy ,of nondiscrimination. The first executive and strengthen compliance procedures. Gradually, orderprohibitingdiscriminationwas issued -by technique: for developing affirmative action plans, PresidentFranklinI).Rooseveltin June1941. monitoring such plans, and investigating compli- Successive orders 'attempted to strengthen and ex- anceisbeing elaborated. For example, Revised tend coverage of the prohibition against discrimina- Ordisr 14, issued in May 1974,provides an outline tion. Table. 1provides a chronology of executive ofthe requirements for work-force utilization analy- oirders and summarizes their-evolution. sis,acriticalprocedure for developing effective Thefirstexecutive°riders 'weregeneralpro- affirmative action plans. nouncementsprohibiting' discriminationin-the At present, Executive Order11246as amended selection and hiring of employees. Ancillary per- by Executive Order 11375 servesis the primary

I A InMative Ar lion The Unren11,4 CadNI asliingtiin TheP,.1 format, Inc . 1971.p.7. - ()FCC resnoriItillittif., ibe enforcement of Fsemiiive Order 11216 within ,tinrnionnal agencies institutions is tlelegaieel to the (Mire for Civil Rights. I'.'Departnoeni elf 11FW

3 IP Table 1

Chronology of Federal torcutive Orders' a Measure Requirement/Action Date

1 Executive Order 8802 /Estafilished a Committee on Fair Employment Practices to Pres. Franklin D. Roosevelt investigate discrimination complaints against companies June 1941 holding defense contracts

2 Executive Order 9346 Expanded Committee's Jurisdiction to "war industries" and May 1943 Pres.Franklin Roosevelt specified contract clauseof"nondiscriminationinhire, tenure.termsorconditions ofemploymentor .union membership in all government contracts"

3. Executive Order 10308 Established Committee on Government Contract ComOli- August 1953 Pres. Harry Si Truman 'ance to investigate complaints and supervise the actions of agencies responsible for nondiscrimination in Federal contracts

4 Executive Order 10479 and Established new Government Contract Compliance Com- September 1954 Order 10557 mittee chaired by Vice-President. Expanded nondiscrimina Pres. Dwight D. Eisenhower bon obligations ibfthe employerto"employment,up- 10 grading. demotion, ortransfer;recruitmentadvertising; layoff or termination,rates ofpay and other forms of compensation and selectionfor training " Employers required to post notices of obligations. 5 Executive Order 10590 Established President's Committee oriGovernnaent Employ- January 1.955 Pres. Dwight D Eisenhower mentPolicy which became involved withtraining and motivabon of minority group workers. 6 Executive Order 10925 end Established President's Committee on Equal Emplpy_ment Order 1114 Opportunity which was made responsible fo elinlipaling 1961 Pres John P Kennedy discriminationfinFederal Government employment. First order with enforcement provisions. Extended authority to federaffy assisted construction and 'provided for contract debarment for noncompliance. EO 1114 extended coverage to discrlimination on the basis of sex. 7 Executive Order 11246 and Assigned contract compliance to Secretary of Labor, who September 1965 Order 11375 established Office of Federal 'Compliance. Pres,LyndonB Johnson Required' that all contractors (over $10,000) take- affirma- fiveaction and required that such action cover allof contractor's operations. Executive Order 11375 amended EO 14246 to prohibit dis- October 1967 crimination on the basis of sex and included affirmative ,Effective 1968 actionto ensure hiring without regard to sex.Specified nondiscrimination in employment, upgrading, demotion, or transfer, recruitment or recruitment' advertising; layoff or termination.ratesofpay orother compensation; and selection !Or training. 8 Executive Order 11478 Amended FO 11246 by p?bhibiting citscrimination based on August 1969 Pres Richard M Nixon race,sex.color,religion..ornationalorigininFederal employment. Directed egetutive departments and agencies toestablish and maintainaffirmative employmentpro- grams ar 9 Order No 4 and Revised Order 4 EAfendedspecificationofrequirement'sforaffirmative 1970 for Executive Order 11246 fictionplan and penalties and procedures for noncorn- phance

10 Office of Federal Contract Compliance Specified requirementsforaffirrnativeaction whrchin' December 1971 Guidelines for Executive Order chidedidentificationandanalysisof"problem .areas," 11246 prey abed use of goals and timetables.Detailed penalties and procedures for noncompliance 11 Revised Order 14 'for Executive Further specified_ requirements for an affirmative action May 1974 Order 11246 plan. procedures for noncompliance review, and citizen's access to information.

I 4 If. rm ira.4, ruin Thr f'n,q11..ef Cora K 4.1 ht Ino,totr,- Inc 1973.

coverage of those educational agencies and institu- so-called- "grants" that involve benefit tothe Fed- tihtis that re«.ive Federal contracts. The provisions eral Govornment. Institutions covered under the of this exe( utive order ;ire as follows: executiveorder' must observe nondiscriminatory practices in Eiecutive. Order 11246 hiring, discharge, promotion, wages, benefits,training,andallotherconditionsof as amended by F,0 11175 employment. Executive Order 11"46 prohibits employment In addition, institutions with Federal contracts clicritnination onthe basis of race, color, religion, of $50,000 or more and 50 or more employees are national origin, or sex in agencies or institutions reed to develop written affirmative action plans 'with Federal contracts of over $10,000. The term with numerical goals and timetables. Although the contra( t interpreted in the broad sense to include contract may involve only one organizational unit

4 10 of an agency or institution, the affirmative plan FEDERAL ANTIDISCRIMINATION. LAWS must cover all employees of the institution. Four Federal laws c n titute the primary em- Enforcement of this executive order and basic ployment antidiscriminaiiolegislation for educa- policy decisions stemming therefrom are there- tioniil agencies and institions. These laws pro- sponsibility of the Office of Federal Contract Com- hibit discrimination inecruitment, selection, hir- pliance (OFCC) of the U.S. Department of Labor. OFCC has designated HEW as the agency re- ing, promotion, ermrpensation,' training, and fringe benefits of employ/es. (Title VI of the 1974 Civil sponsiblefor the enforcementoftheregulation Rights Act, the first Federal antidiscriminatio' n law. asitaffectseducation'agenciesorinstitutions. to cover education agencies and institutions, ex- Complaints' of violations of this executive order empts employment and will be discussed in a late'r IIIAV be made to section on affirmative action in the area of educa- Office-fbr Civil Rig,, tional prograins.) U.S., f)cpartnient of Health, EMI( atom, and \Vella re ,Title VI of the Civit Rights Act of 1964 Wiishingthn, D.C. 202011 as amended by the Equal Employment Opportunity or to a regional office of HEW. Act of 1972/ Complaints ma hr filed under the executive Title MI! of the Civil Rights Act prohibits dis- order by individuals or by groups or organizations crimination in employment on the basis of race, on behalf of a class or group of employees, such as color, religion, national origin, or sex. It provides racial or ethnic minorities or women.Tbe strength comprehensiveprohibitionofdiscriminationin of any couiplaint is increased when it can be docu- endowment and is the basis of a body of precedents mented/that the discriminationisa continuing and, litigation.Guidelinesissued by the .Equal action against such a group or class. Eptiployment Opportunity Commission under title Employers covered under the executivs order arc VII Provide substantial specification as to which required to maintain specified records to permit/employment policies and 'practices shall be con- determination Of whether violertions have occurred( sidered discriminatory. Judicial interpretationof HEW may conduct periodic reviews of part or1l title VII has further defined both the nature of of an institution even when no violation has een discrimination and the remedial actions necessary reported. Pre-award reviews of institutions. or agen- to correct discrimination.' cies with contracts of over $1 million are' manda0 All institutions with 15 or more emplcyecs, in- tore. Aluding State and local governments/ School sys- under When a complaintisfiled, an investigationis terns, and labor organizations, are/ covered made. If a violation is found, the Government may the amended act. Religious institutions are exempt force compliance with the regulation by delaying to the extent that they trio give preference to issuance of new 'contracts, revoking current con- employees of a particular religion. Title VII pro- tracts, and/of disqualifying theinstitutionfrom hibits all discriminator* practices in all conditions eligibility for future «intracts. Back pay may he of employment such as: awarded under the executive order to those em- .Recruitment, selection, assignment and trans-- ployees not so protected by other laws, ler -layoff, discharge, and recall The institution involved is usually given the name Opportunities for promotion of the person or group filing. the complaint. How- in- service training opportunities ever, the institution is prohibited from discharging Wages and salaries or discriMinating against any employee or job appli- Sick leave time and pay cant making a complaint, assistingan investigation-, Vacation time and pay ctr iristituting, legal a( tion. Investigativeproceedcrigs rtimc work and pay are kept confidential by the Government, but the 'Medical, hospital, life, and-accident insurance institution;jolt the aggrieved party111,1V be di Retirement plans and benefits closed. Other staff benefits

2 SP* snr t nn loch, 'al Derison. . , Complaints of discriminatory employment ,prac- fication and modification of discriminatory prac- f* tice;., that violate title VII Are mad to: tices and policies. Equal Emplm,ment Opportunit( :ornniission Equal Pay Act of 1963 _ 2401 E Street, NW. as amended by the Ecluciticin'Arnendments of 1972 Washington, D.C. 20506 ' (Highei- Education Act) or to-a diStrict LEW: office.' The complaint may The Equal Pay At prohibits sex .discrimination be initiated by a-letter outlining the nature orthe in emploee salaries ;Ind fringe benefits. All workers, complaint anti doe umenting the ( harge if possihle. including those in professional, exectitive, ,ana ad- Complaint futile, will then he provided by the dis- ministrative positions in education, arc currently tri( t office, EOC will notify the employer covered by the, EcyJa, lPay Aci. The Act provides agdinst whom the ( omPlaint was filed within1,0' thata man anti woman working for, the same days and make an invrqTation. If dtscriminatory institution -under similar conditions in cobs requir-; poll( ies or prat tires are found, E-E0C will attempt ing suhstantially equivalent skill, effort, and respOn- informal on ihation.Shouldthisattemptfail, sihilitv must be paid equally. Job titles and assign- [FOC or the U.S. Attorne. General n' .y file suit. ments do not have to by, identical. Rona fide merit The aggriecd party may also initiateasuitiF and seniority syskies that resultin pay differe.n.- a( tioh has not been takellafter obtaining a right-to- tials 'areillowecI, so long ;LA the systems themselves sue letter from 'EE0C. The cdurt of jurisdiction . i ot cliscritnin'ate on the basis of race or sex. may then-circler such 'Tictions the discontinuance, EMplovrs are requiredto maintain. specified unlawfulprat tires, .appropriatecorrective c>t-- rewords relevant to the determination of whether remedial iution, reinstatement of employees, ii-xl/or possibletiolations have occurred. The Federal,Cov7 the awarding of back pay. eminent has the power to review all relevant rec- The emplo -eris required to 'maintain specified ords periodivalb evenifno violation has beeq records relevant to the determination of whether reported. possible violations have or( lured for a period' cif, The complaint, procedure isrelatively informal. '3 Years. In addition, a reporting form must he stib- C:onariLijnts may be filediwith: mitted,b educ,lan agencies and institutions (4 higher cduclition. The form for -local education Wage and Hour Division- ;Igen( its, F. E0 5,5is submitted cvory (31 tuber. U.S. Department of Labor similar reporting form, E17.0 6, will he required Washington, D.C. 20210 ,', from institutions of higher education as Of Novem- or to the nearest regional office,of theDepartment ber 1975. of Labor. A «implaj,nt may he made in ,person, Persons or organisations filing complaints under by letter, or by telephone. The identity of t'he corn- title VII are identified when the employer is nod- plainatir is not revealed by thesCHovernment during lied of the «irtiplaint. Ihe employer is prohibited the imestigmtion ordcess: however, neither the em- ct from dis( hartzing or disc riminving against an employer ruff- the complainant is, bound by the Con- ployee he -use he or she has fileda complaint, fidentiality requirement. ' assisted in investigation, or initiated court a( ern. The employer is firstgiven opportunityfor Charges arc not made public by Emc, noris \Anwar\ compli, ance with, the law, .Mare than of the conciliation process divulged. Whe-na 65 per( ent of all" EPA 'irivestigationsare resolved (mut action becomes ne( essarV,Ahe identity of the qui(kk in this manner. Lf the employer does not f),t rties involved heroines a matter (.;f public record. comply voluntarily, the Secretary of Labor or the The«implainant and the institution are not bound agg*ved party may file suit. The identitiesdf the In the confidentiality requirement. employer and the complainant then become a, If a finding of discrimination is made, required rnmter of public record. The'court may order the,. remedial or corrective action may take two dorms:. eniplovr todiscontinue unlaWful behavior,ilk (1) (impenstition for discrimination to aggrieved crease salats, and pay back wages andinterest. employeesr.q., back pay), and/or (2°) the identi- Employers arc prohibited from discharging or dis4P

0 See appendif for liming of dintrIet office.. Set rppendix f..r EEO -5 form. 1 2

y. 6 ; Alb fr. . crirninating atairktany emplo ee who has, made must he modified' and appropriate remetlialsteps a complainib,:a_ssisted with au investigation, or mist he taken toaminate the effects of any ated court Prdceedings. crnnination Which, resulte'd from these policies and -The. Equal Pay Act also prohibits labor' organiza- practices, -tiOns from causing or attempting to cause'ern- Institution's must-maintain records of such triodi-.4 Aversto diStriminateon' thebasisof,sex. fications and actions for 3 years. Although afftrma- -Comnplaints and suits. may he filed against :labor Live action is hot required under Title IX, a recipi-

organizations that violate this pittivisin.-. ent may take! affirrvative action to *Overcome the . effects of conditionswhich have-resultd in limited Title +X ofthe Education Amendments of 1972 participation bpi persons of a particular sex. Many, (1-Higher Education Act) °lithe techniques Outlined in this monograph are

Title IX states, "No person. :.shall, on the basis applicabre' tothe conductofinstitutional 'self- of sex, be excluded from partici.pation in, he denied evaluation and the institutions of corrective action the benefi' of, or he subjected to discrimination a' required_ under the title IX regulation. under any education prograM or activity receiving, The Government may,force an agency, or institu- federal financial assistance." Title IX is patterned tion to comply" with tale IX by deferral of new after the race discrimination pre)visions cif title VI funds pending titaritig by HEW., revoking current/ of the 1964 Givil Rights Act.'' It differs from title funds, and/lot disqualifying., the institution from VI's coverage' in, that 'it also covers prohibhion of eligibilit.v for future funds after hearing. In certain %. discrimination in employment on the basis of sex. TITENVma also ask the Department of Jus- t Nearly all local` educatiOn agencies and institu- tine to bring suit. tions of higher education are covered. Religious -A. institutions are exempt if a,pplication---oLtide IX pis not consistent' with their religious' tenets. Military Title VH (Section 799A) and Title VIII (Siction schools are exempt iftheil- primary, purpose is 'to 845) of the. Ptiblic 'Health Service Act train individuals. fc-r the U.S. military service or the merchanf marine. Titles VII and VIII of the Public ealth.Serv- Complaints. of sex. -,cliscrirnina 641' in educational' ice ,Actstatethat institutions,e0elifing,Federal programs or educational employment :should he funds under this Act fortheir 'health personnel made to: twining programs may not show, sex discrimination in adrnissions or in employment practices relatin.g tiffid for Ciyil Rights. -to employees- working dtrectly with applicants or Department, of Health, Education, and students. ,Every' institution receiving or benefiting -Welfare c - Washington, D.C. 20201 from a grant, 'loan guarantee, or interest subsidy to its liralth 'personnel training program§ or receiv- or to the nea'rest regional:HI:AV office. "If possibl,e,,-ing a contract under title VII or VIII is covered. complainants are kept ,confidential by the Govern- Complaints oftitle ' VII. andVIIIvia-16(1ns

trent. The institution and the complainant are not shouldbe made to: . reqUired to maintain confidentiality. VThe regulation for title tX has been signed by Office for Civil Rights U.S. Department of Health, Education, and President Ford: It went into elect July 21, 197 Welfare after congressional-review', The regulation pr des, Washington, D.C. 20201 general _prohibition of sex cLiscrimination rr ployment. It is 'unique in that Institutions and.agencies or, to the nearest .-segional HEW office. ak'required to carry out self7evaluation of policies; Schools of medicine, osteopath-y, dentistry, veteri- practices, and the effects thereof concerning admis- naryMedicine,optometry,pharmacy,podiatry, sion of students, treatment of students, and employ- public health, allied public health personnel, and ment.of both academic and nonacademicersonne nursing are specifically mentioned inthe. within 1 year of the effective date of there on tim. The intent of the legislation is to break down If divrimination is identified, policies and practices. the institutional barriers that restrict the participa-

Act, will be discussed in 'abstinent sactIONonaffirmative astion in egeational program..

7 ;3 1, tion of both males ancfernales in areas miclit onally an individual or repreceriting attorney fife written dorninated l)' one sort. A Corritnis-sicin:-A few- of_ the more Regulations for thclenfor«.ment of the herw have progressive State lawsnallow commissions to ont.been finalized. In View of ate pre( oclentsrcleyel- M (1011';Atpon learningof discriminatory pray tic es. oped through othe,r. anticliscritnination. legislation `After a «implaint*or charge haf; liven filed,a corn- the owing procedi-res may he .1-fit4cipated. mission irwestig"ates theomplaint. A ('4)nference The Vederal Cove 111ClIt t11:1\, \"(,,,tiftte 0111(;t- 'be enlie(HiertKren the involved parties. Effort , , Clonal institutions p,c(..,roclir ,Illy as wellas in response is made to reconcile differences between the parties to«implaintq. In ( ases, cinits-,4(if the. institu- Without resorting to legal .nction.If, this fails, the tioh related to health [W1'4)1111(1 prograrn commiksioo may order a publicadministrative which (10 Mil receive (dire( t hzde4,11 a1Lit1( hearing, , also he investigated. During the hearing phase Of the complaint ,pro- When complaints'; r( re( eked, the identity of the cess, the commission has the power to issite sub- complainant will kept ccinfidc;otial possible. poenas and launch a full-scale investigation.If a Neither the institutionor the complainant willhe finding of disc rimination is made,qthe commission required to maintain tonLdentiality. The institiltion hasthe power toissue cease and desist orders. will he prohibited, fro n (Ilse hingingor cdisc riminat- Pro\isions:arcusually made to order hiring or log against intone raking a complaint. a'ssisting; reinStaternent of an emplo\ee with or without back inixstigation, (ititsstituting Ptoc eedings.. mss, someinstancesdamages may .he tipmireview OF 14Ve:,4112;;.it.i0f-t*:.'ill. deterMilled .1.% d riled. that an institution m 'mains disc timinat-o-rr The Hear, prohibition of Employment discrimina- tires,theFederalC1,iyerummnt defer 'fIVAV tionina growing body of State laws provides awards pending hear1(1 r\ 01

Rather standardized procedures have been devel-- Ekriplo,mentdiscrimination, .bydefinition,is opedifor the filing of charges or the initiation of (-10%c-wide discrimination. Where it isfound, -action disc rinination complaints. Most laws recptire that to eliminate it must apply to all members of the r,

. F Cho9,1.10prand Inn TT Lerner.E7Ittal EmploymentOpportu nit, (Ater Federal andState LIM,A Guide to .L1111, and Orders Prohibiting P, t'en pi. V g3t,13/11,n.t -m 1'944r4itv Htiton. 1971. ,i, rrnar Oree, 41,1 Now lerwrwe. Adminintrative regnIi4nn CnAiinrnIn. nod 1.1,Ineen, ,rn.1.1riv 4fr,111141i,e 11,119n,pinn 1,vrilor ngencien.ReInted nellonn orennvr +e,4r11 44.10,411 c.t.or under rongideratinnIn

1 4 ::affected ( I,ryto whic IIan individual complainant 1Vhat is required. . .is the removal of arti- behtng.. "ri11cl lss clist riniin,Iti14JI10111(IA has bye, ficial,...,arbitrarYand unnecessary barriers to broadly interpreted Isy the (bairts.' ,mployFTIlt when theharriers operatein- vidiously to discriminate on the basis of racial or other impermissible classification." Employer Intent "1* barriers that were identified by the Supreme Itis the «,1$equcto cs of the employ prac- (:ourt and many other courts include various practice, not the intent, which determines whether clis.- tices :Ind policies of recruitment,.. selection, place- crimination requiring remedial action exists.'" ment, testing, systems of transfer, promotion, senior - An employmentlira( tic eorpolicy,however its,linesof proression, and many other basic neutral in intend and however furls and impartially terms and conddions of employment. administered, whic h has a "disjkrate effect- on Judicialdecisionsregardingnumerousissues members of a "protected class-i those ,groups speci- presently being litigated in the courts'will continue fied in the law )or whic h perpetuates theefTec tof to specify -the coverage, procedures, and require- prior discrirninatory pr.0es, constitutes unlawful ments fororrec and affirmative action. discrimination unless itis proved that such policy 4 is compelled by "business necessity- 11.12 and/or by LAWSREGULATING COLLECTIVE v didation of tests and either selection procedures. BARGAINING AGREEMENTS

De ,erminatian of Cliscri,,,ination The primar, experience ki.ase covering the conduct of employers and unions or bargaining agents cs," satistics, such asghly disproportionateITpre- has been accumullited by groups covered under the sent,tion of minorities or females in any jobclassi- National Labor Relations Act. Public employees fication in relation to their presence in the popula- are not tovered under this ac , and at the present tion or work force, constitute strong evidence of time there is no national co ective bargaining act discriminatorypractices.Wheresuchstatistics covering public eMployees." Numerous State laws, exist, the burden of proof is on the employer to however, provide for public emplowies collective show that they are not the result of overt or institu- bargainirig. In addition, Federal antidiscrimination i tional discrimination. A laws speak directly to, the coverage and responsi- The concepts conveyed in these judicial decisions bility(iflabor organizations on issues ielated to provide the foundation for affirmative action. When discrimination. Vstatistical survey shows thatracial and ethnic 6 Generally,it can be stated thatitis unlawful minoritiesnd females are not participating- in an for labor organizations: institution 4', or agency's work force at all levels in to exclude individuals discriminatively from relation to their presence in the relevant labor pool, union, membership, thereby causing them to thetburden (fi proof on the c ip ver to show that lose job opportunities. thisi4not the result nfist rimi iation, however todiscriminate inadvertent. intherepresentationof The employer is not required to hire unqualified union menThers or nonmembers incollec- personnel or to impose quota systems to achieve tivebargaining, in processing of grievances proportional, statistical representation. What is re- or in applying the provisions of an agree- quiredis the demonstration of good faith efforts ment or contract in a discriminatory fashion: to ensure true equality of employment opportunity to cause or attempt to cause employers to regardlessof race, color, national origin, or sex. enterintodiscriminatoryagreementsor Judicial interpretation of the requirements were otherwise discriminate against union mem- summarized by Justice Burger: bers or nonmembers.

° Bowe v. Colgate Pohnoline, 416 F. 24 711, 721(7th Cir. 1969) ; Jenkina v.United GatCy,400 F. 211 20(Sib Cir. 1960) ;Blue Bell Boot,v,EBOC. 410 F. 24 365 Hitit Cir.ipso. "Grigg, v. Duke Power Co ,101 U.S. 425 (1971). it U.S. v. Bare, international Corp., 156 F 2,1II/. 110 (5th Cir J972). la United State, v. ironworkers tore 06. 443 F. 24 544, 550.551(9th Cir.1971). rert. clef, 404 U.S 904 (inn united Stale; v. United Brotherhood of Carpenter; and Joiner,, Loral 169, 457 F. 2,1 210. 211 (7th Cir. 1972). 11 Grigg!. Duke Power Co., supra p. 431. °' Hearieatt on n national collective bargaining bill are being conducted by tine Senate Labor and PublicWelfare Committee. YY

9 15 It is important to note that a colleenc brgain- tion planning and methodology. The experience ing 'agreement mayhefound discrit ti ory if the of agencies and institutions in the implementation application of the contractual o usA places a of,stich policies provides a valuable starting point disparate effect on the basis o r sex. the effective development of affirmative action example of this print ipleisfo Ole 01554 plans and efforts. which has been generated by t 4Ketween Such administrative policies have been a point of seniority provisions of collecth .gaining*Tine.e- A OM M unication betweenthoseresponsiblefor merits and the greatei horde 'lost senior.agency or institutional governance and policy for- systems Film ed on minorities omen. Court'N-nulation and those involved in management and decisions have .not been definitive!,buta trend has 0340. implementation. Thesuccess of any affirma- (emerged which requires the establishment ofsome tive " action planis dependent on the agreement balanc . between seniority provisions and affirmative between overnance and management as to the Lion provisions. need for ailo purposes of affirmative action and 'Likewise,it mayliegeneralkunlawfulfor the implication§ of good faith effort to implement emplowrs: such a plan. Shared experience in the development to participae with unioin the commis- and institutionalization of equal employmentoppor- sion of am:discriminator,pra(tices unlaw- tunity policies can facilitate this agreemenl. ful under these acts, Accumulated experience in the implementation topracticediscrintinatinnina manner of such policies may be significant for severalrea- whil h gives rise to racial 'or other division of sons. First, such policies have served to establish employees, to the 'detriment of organized a clear action direqt_iye for theagency or institution. union ac tivity. SeCnd, they also serve as a vehicle for establishing priman responsibility of any labor organiza- the agency's or institution's credibility as tion, is that of representation of all an equal groups of the opportunity .em ployer. membership. When itcan he demonstrated that classes or groups of the membershiparc' not being Finally, many of the specitc learnings that have represented,collective. bargaining agreements may been acquired through the development and imple- be invalid. mentation ofinstitutional administrative policies provide information criticalfor the tailoring of affirmative action efforts to the needs of,individual INSTITVTIONAL POLICIES PROHIBITING agencies or institutions. DISCRIMINATION Much of the significance of affirmative action In the past decade, mans' edu/cation agencies and may lie in its potential as a methodology for actual histitutionshas eadopted, administrativepolicies icing the commitments to equality of employment whit harti( ulate the ideal of equal employment opportunity which now exist in the administrative opportunity which is the basiiis for affirmativeac- polic ies of many education agencies or institutions.

10 The Need for Affirmative Action in Educational Employment

EvVience of discrimination and sex typing of Table 3 jobs in educationisreadily apparent when one reviews the national statistics on the composition Educational Personnel by Sex, 1972-73 of the labor force. Percent Percent Inthe elementary-secondary schoolteaching Female Male force, we find a general pattern of fewer racial Elementary-Secondary Instruction and ethnic minority group members than we would Elementary Teachers 83.5 '16.5 expect fromtheirpresenceinthepopulation Secondary Teachers 46.4 53.6 Principals (table 2). Elementary 19.6 80.4 Junior High 2.9 97.1 Although teaching is sex typed or labeled as a Senior High ,1.4 98.6 `,female occupation," there is evidence to suggest Assistant Principals Elementary 30.8 69.2 that the administrative and decisionmaking struc- Junior High 7.6 92.4 ture of the professionis male dominated at the Senior High 6.4 93.6 higher !eve s. Women tend to remain in the lower Superintendents 0.1 .99.9 ranks withithe profession and do not move ore Assistant Superinte 5.3 94.7 tohigher levelsof organizationalre.sponsibility. Nati,nalEdoi, nun tadResearchDivision.Report1971 RS. bah If Ivo ma/ ti,da,t mad. r di Public School Pralessconal Pcriannel. In elementary and secondary schools they arc dis- 197;'71, Washington, proportionately, concentrated in instructional eather than administrative positions (table 3). The same underrepresentation of minoritiesis characteristic of the faculty within the higher education system. One recent study suggests that the Distribution of Women proportion of Blacks on higher education faculties in Higher Education Facilities ' was 2.9 percent in 1972 73." Faculty Rank Percent Faculty Who Are Women

The concentration of women within the loWer 1972 1974 ranks of the facultv.is also apparent at the higher Professor 9.8 10.3 education leveltilile 4) , tsociate Professor 16.3 16.9 Affirmative action provides a mechanism for Assistant Professor 23.8 27.1 addressing the problems 'of discrimination and sex Instructor 39.9 40.6 Total 22.3 24.1 ti

Table 2 I NationalC.cntorfor Education stattstic. publishedinthe Chronka 01 Iltidter Educartoa. VolIX, No. 19, Feb, 10, 197St Minority Teachers ' Percentage of Percentage pi Minority Minority Teachers m Popdlation typing in education employment. A 'plan represents the written commitment of' an employer to Black 9.3 11.4 eliminate discrimination and actively remedy the Spanish-Speaking 1.1 5.2 current effects of past discrimination. An affirma- Asian .4 Ire tive action plan is a policy and program document Native American .1 .4 that helps to assure a coordinated effort to achieve

Stattsttr on percentage of minority teacher. obtained from National Edu effective results. It is or should be an action-oriented cationAdministration illescar, hDepartment,1973.statisticsonpopulation based on 1911.14 II,IreaLl ( rrl.utInto set of procedures designed to clarify responsibility

11 Raver, Alan Ere,schrne Faculty in Academe. 1972 7J AVE ReseaAh ReportsVol0, No. 2.1973, p,13. /17 i i 17 and outline the spec ill(' action steps for

12 18 Instituting an Employment Affirmative Actin Plan'

Affirmative action plans may he instituted in a good faith effort to comply with the law. rn this number of ways. First, they may I)(' required as a instance, the plan serves as a method of antici: condition of Federal funding.If a district or an riming problems and handling them before the institution receives $50,000 or more inFederal crisis of a complaint and subsequent investigation contracts,"itisrequired by executive order to arises., develop and -implement a written affirmative ac- Corrective or remedial action may he mandated tionplan.Ifthe' institutionor districtreceives if a finding of discrimination is made after inves2 $10,000 or more in Federal contracts, it is required tigation by a Federal, State, or local agency. De- to observe equal employment policies, although it velopment and implementation of such action plans is not required to develop a plan. may be required by the agency or the courts. The When a plan is required for Federal contracts, filing of complaints under any of the Federal anti- itis subject to public inspection and copying pro- discrimination laws that apply may result in such visions under the Freedom of Information Act. an investigation and action. Complaints may be A copy of the plan may he obtained either directly filed by individuals or groups, and may be filed in from the agency, institution, or from the Office for behalf of any individua,a class, or qn the basis Civil kights, HEW. If such a plan exists, indi- of a pattern of discrimSation. vidual or group initiative should lie directed toward Other methods of moving educational institu- monitoring' the plan and working to strengthen tions and agencies toward affirmative action may identified weaknesses. he used. In ,i few States, chief State school officers A second 'method of instituting an affirmative or boards of higher education have moved to re- . action planisto include a requirement for the quire affirmative action from local education agen- development of a plan in the collective bargaining cies or institutions of higher as a condi- package of employee groups. The advantage of tion of ac creditation. Some State legislatures have including the development of a plan in the liar- passed laws which requireaffirmative actionin gaining package of either The labor organization education ,rgenciee or institutions. Finally, affirma- or management is thatit demonstrates good faith tive ac tion plans may be incorporated as a condi- intent to comply with the law. This may he im- tion of future Federal programs and regulations. portant to both parties if subsequent discrimination Itisimportantto emphasize thatthe trend complaints are filed against either or both. Under toward required affirmative actionin education the law, both the employer and tl-tt labor organiza- has been established by court decisions, Fedepl tion may he liable for damages which result from and State laws and regulations, sound management discriminatory contract provisions or practices. For polio', thelabororganization,a second advantageof collective bargaining agreements, and the handling of discrimination complaints. A further initiationisthe opportunity for involvement of the labor organizationinthe developmenlknd impetus toward affirmative action is the increased monitoring of the plan, and the inclusion of condi- Federal effort to document discriminatory policies - ons of the plan in the grievan« pro( ess structure. of educational agencies and institutions. personnel A third method of instituting a plan is through reporting forms have recently been developed by inistrative action. A hoard of education, hoard the Equal Employment Opportunities Commission of ustees,orchief administrativeofficer may and the Department of Health, Education, initialthe development of a plan as a demon- and Welfare. The form (called EEO 5 for local strati()of progressive management policies and a eclucition agencies and EEO 6 for institutions

I. Craws e n,tIiihjertIn tnrlulinn' under IhosrequIremelit FF0 voIIh, Ishl L, mIrnmer 1975.

1 9 of flin_her e«ln tionrequires the reporting of workt, identifying patterns of discrimination. Thevery for« b la( e,se'x,:job classification, and salary structure of the reporting fOrm and the necessity level. In addition, new hires are to he reportedon to report this information ;mill undoubtedly help -,t eart basis. This information will be held in a to identify patterns of discrimination and bring the data bank over a period of "timeas a rnearisof issue to greater visibility.

16,

14 Elements" of an Employment Affirmative Action Plan

'()11pidif V and 10111(1 he as .\11itfiirrnativea( city'planis,tstatement of 'HI(' '41 (1()11 pro( cdures, and. ac,tions to \sInch the cm- 1)('i ilic possible in order to lot us the ren1.1.111.1"n4 pl(rer is minmitted to ensure equal emploment p(it hi 11, of WC 1)1;1,11 111(1 to 1)1(111(1l; thereader with oi)portunity.It (to( timnt which guides an .1(rats(' of referenoe for readiniz and understandintz purposesthatwould 1)e atzenc \'in both imstitzation rcitir(iation of the plan.Lxaniples of (r"( riminatory ernr)lornentpolicies arid prar tic es. Ippif dprime ,ire: Thele is .Inc, single format for an ,111i.rmative ,i(tion To insure equal oppoittinit \in all per.on- plan, and itis in4pprtant that the staffof an atzency ,, net poli( ies,pra( tic es, andc title( ayeba- or. hr \ o1\ ( 1 1i n tiii(r C , 1 t i ( ) 1 1 ofi t s cir\ cc czaininiz atzreernents throtnzh the identifica-

171(n .116, is arc e.sarV maximite staff undr- lion and elimination of prat Cite. that di.- standintz and mmiltitment lo the plan. criminate on thebasis ofrace,rtliczion, \lost ectiplo\ mem anirmati\ e action islaris «dot, national orkzin, sex, or grin fi\e tzeneral sec I if )f],, To increasethe, litiliiationofracial and \ statement of policy and purpose ethnicIrtlirwritie, andvs, omenitall I11+, A work for( cutiliiatiun ,initiv.is (If (111p1M1-11('Ilt1Vill're (16( .1(11( if', I1).11 .\ set of procedures for identification and modi- T« desiin;u)(1ill11)le111(.111 forthe At Altai of presentpro( eclure, andiliac tic es 111(111 andreportintz pro( erhires ('1,1111,111(tfi of the 1114' 1111101Iii(Vr([1,1 rimirmt(Ir'Hight( tor\ hit h pcipetiLtte etre, is of past disc rimination TH (lc\ .\ statement establishintt cznal's and timetable, (les:Wiledlci 1111111- for intpnw identifiedtrildertailitationin (illiti(? the pro\ i,i()11, of the plan. rc,t;11,1i,',procedures Within therzriev- spec Ifi( of in- \'r()( eduresfornitinitorintz,evalciaIrj,iicz,, and anc pro«, for prompt- proce,,intr report:mil, the plan. diVi(111.11 or disc( riplirration c e.tabli,11pro«-chiresforit)onitorirec. 1)(.\ chiptiient plan is only startincz point 'or ( nerc...ir\modifi- a statement of intent. It shouldby revie\\ cc! periodi- aluatiricz. andrriakirez a (itc 11111,1.111i t's t ation,if the plan. ( . modified, ,111(1 .111)111(11'11 `Li )r\ ideforthepublic mita) and d'i (Ili It i wit 11."...1111 1)11111.11W; itI, (1(.1(1: ,encitiation inarnall\ and externalk \vhccre (iptil.1- lull ilir(1)1(11of Federal «ultra, I, or appropriate of the\ ffirmation (tion after .1 (indite, of de, rimmation hats been made 1)\ 11\(' to interested a Federal.1'.'1'11( \,((i spl'( ifiedin ( the its /en czrocip.. h.ii".1111111"" iiit i t,. Thc (11111111r, the \ ,(( of .11)1.1i1 Yther ls added as appropriate to

,1 edornc ('(if ,1( 111 sties for its development. Ole sitikation.

STATEMENT OF POLICY AND PURPOSE WORK FORCE UTILIZATION ANALYSIS ,t,o(1/1,11t of pili( \ should provide the reader the twomost elements of an w it h least three pir«, of informationthe intent One of ernplo\ inent affirmati\ r at lion plan is thqaap,c1\ sis of the plan, the ()Het ti \ of the plan, and the ofthe winv.k force. le\ el of ultimate irsponsibilit \for implementation ofthepresentutiliiation I.x,cncination of the statistic alarras,of the work of the plan\\ henpossiblts,referc-nt ti) ,houidlie fort e pro\ ides a( onvenient methodof betzinnin patterns of discrimination amongthe indwied. to identif\

15 employee groups. A work force analysis is defined holding these qualifications will reveal whether or by Federal regulations is not underutilization exists. Jasting of etch job( lassification asit appears kstablishmntofc riteriaforunderutilization in applicable «illective bargaining agreement should fie given great 'attention. The relevant labor or pis roll recordsno joh,groupranked from pool 1h111\la(' \«)11!1(IVI.,11)1V in terms of job position the lowest paid to the highest paid within ea( h and geographiclo( ation. For example, the factors department or other similar organizational unit who h might he considered in determining under- inc hiding departmental or unit supervisor.'" utilizationofanidle( ted classofelementary - Further spec ification of regulations indicates that sec ciodan,,sc forol teachers would in( lode the, rep- for ear h job classification, the total number of male resentation of the group inthe population, the and female incumbents, and the total number of representation of the group in the State work force, male and female inc umbents in ear h of the follow- and the representation of the group receiving BA ing categories or 'Are( ted classes 11111q he given degrees and tea( hing credentials in the State. State Blac ks, Spanish-surnamed, American Indians, "and statistiy are used in this instance since State insti- Asians. The wage riite. or salary range for each job totionvprepare a majority of the teachers in their classification should be provided. All job classifica- State and State requirements vary. This provides tions,including supefvisory and manage.rialjob an estimate of the relevant labor pool, which be- classifications,must helisted. A Worksheet and comes a measure for determining underutilization. surnm'ary table is provided_ in the sample affirma- A separate measure for evaluation of underutiliza- tive;1( boll plan provided in Appendix A. tion of administrative positions would he required. ((c One convenient sour( efor locating the ne,ces- Since the qualifications for principals in most States inhirmationis the (impiety('11'10-5((inn include possession of an advanced degree, the rele- which has hero prenaredforFederalages( vant potential labor pool would he composed of \lthough additional information rots be needed, individuals possessing such a degree. this will provide a «mvenient stinting point. Goals are determined in relation to the available On«. a listing of the joh classification has been labor pool.. However, the setting of a goal (hoes not made, the real work of the ienaksis begins.Itis impose ,1-71 inflexible. requirement,itprovides a the purpose of an affirmative ac tion plan to ensure targetagainst .whichto evaluate thesuccess of that individuals are emplmed without considera- affirmativeefforts.After,allefforts toward - tion of rat e,ulor, riatioryl origin, religivi, or sex affirmative recruitment have been made and the and to r'erne(1\ the effect. of past discrimination. al-Tin ant pool has been broadened, agen( ies and Affirmati e action efforts have frequentls been institutions are free to hire the best qualified person. criticized on the ground that th/cK' for( e emplii)vers The same principles would follow for institutions to hire unqualified persons.Ju1ici:il interpretation of higher relocation. At this level, a rational basis has (lead\estahlishedthat no employerisever forestablishing( riteriafordeterminingunder- required to hire unqualified persons but rather to utilizationof minorities and women within aca-o. ensure thatonalifications and meritareindeed drini«lepartments would he based on national,, utilizedwithoutregardtor'a«.,«Ilor,national statistics regarding the percentage of graduate de- origin, religion, or sex. Each employer is to deter- grees earned by the groups being considered. For mine the valid job requirements for, each job rate- example, the percentage of women 'receiving ad- gor\ .judicial interpretation has held thatif any vanced degrees inphysicsis about 3 percent as requirement has an adverse impact on members compared to the 43 percent of women receiving of a protected group, the burden of proof rests advanced degrees in education. with the employer to demonstrate itsjob related- ness. Specified job requirements should he emarn- Factors to he considered in a5K,ssing underutiliza- ined to identify sources of institutional bias. Once tion and recruiting for classified jobs or for non- validjob-rglateclrequirement have beendel,er- specialized positions include: mined, areview ofthe existing work forceIn The percentage of each minority group in the .comparison to the relevant potential labor pools total local population.

(1,1,,, 5 F.1, 14.1974

16 22 The per«litage of rat h minority group and Recruitment and Selection Procedures females ul the relevant Libor pool. Institutions in the ((immunity (at)able of train- The commitment to recruit and select minorities ing people in the needed skills. and womenfairly;tintwithoutdiscrimination taiiplm Mg, organisation's capability to provide arries with it the responsibility to insure that tradi- training to qualif minorities and worori for tion,r1 recruitment methods arc extended to include identifit ation of these persons. Review of °policies, 161)( 141-Ai(ation... Itis important to determine for eac h job vatr- methods, and procedures should consider recruit- gork, the nature of the statistical information against ment soiir«.s, records, notices, application forms, which adequate tit'ilizationofafire( ted groups in intervicws, prn«.chires, conditions of collective bar- the work forte must be e altiated. ()nor the rele- gaining agreement, starting salaries, and Rrlicies vantLibor. pool. has been identified, .iyailabilit regarding the employment of relatives in order to statistic. be obtained from Federal, State, and .determine if anv of these ;Ire adversely afTeCting loc al agent irs, professional asso( iatiOnsind (:trims (1111)1M Mein of minorities and women. data. "I"hrrite! i,tsrlet ted by theiriplo\er,how- F,a(Li of these should be carefully examined to ever, innst be supported a rationale based on: determine was that minorities or Women may be Validated job requirrnients. discouraged or eliminated from .consideration The A\-ailabilit of Min ted groups with job-related skills. Promotion and transfer eligibility and avail- Hiring Procedures abilit with present work force. \yailabilit of training, experiences. In many districts and postsecondary institutions, Applicant flow or the demographic composi- hiring is carried out by a number of persons. All tion of job applicants. emplowes should be made fully aware of the goals and timetables and modifications of policies, and MODIFICATION OF PRESENT PROCEDURES prat tit es specifiedin the affirmative ac ion programs. One person with central respsibilitv for AND PRACTICES affirmative action should review a plications re- 1%. The stud\ basicto the wort. forcelitiliiation cived, referral of applicants, handling of applica anal\ sis should he extended to an examination Of tions, and hiring patterns. Reasons for failure to present policies .ind procedures. A primary func- hire qualified persons in the affected groups should tion of an afTirnr,atiye action planistoidentify be do( umented by the person making the decision. systemic sources of bias and discrimination. Some This bet miles part of the recordfile ,needed for of the arras that should he studied arc: demonstrating compliance.

Job Analysis Promotion and Upgrading

111 positions ,;110111(.1 he reviewedinterms of A common for'm of discrimination is found in existing job descriptions, minimal bona fide qualifi- the permanent assignment of minorittes and women cations, tasks, job functions, selection procedures, to specificjob slots without recognition Of °their - and salary scales as a method of correcting any ability to move to another level of performance. inadvertent discriminationthat may exist.Care A first step in examination of career mobility of should be taken' to insure that position descriptions employees consists of areview of employees to reflect actual job functions and related skills and determine: that they are consistent for the same position from Promotion records of me)1,"Rm;.a.J, and mi- one unit or department to another. noritiesin each employee rrla.Vfication and Performance criteria,';hotildbe kept in mind unit. (luring the review of job descriptions and the con- Identification of employees who presently hold sideration of bona fide occupational qualifications positions that uncle b. lize their for each position. Development of performance cri- Identification of the hayhers to the upgrading teria for the various positions is a first step in the of minoelties and women a steps for over- - reductiOn of sources of bias and discrimination. coming these, barriers.

17 23 Wu'

When these factors have been determined,a Grievance Procedures career development and in-servite training program should he instituted or upgraded to meet the needs A primary advantage of most collective bargaining agreements is their specification of a grievance of employees. Effort should be made to developa lattice system that permits vertical and lateral process with adequate measures to insure just handling movement of employees. (Bing of complaints or .grievances related to the plan. If the agreement does not specify thesepro- cedures or cover grievances related to promotion, Assignment of Staff hiring, and training, it should he modified to cover these items.If a collective bargaining agreement Even when an agency or institution employs large does not exist, an affirmative action plan should numbers of minorities andwomen in its work force, specify grievance procedures. discrimination may still he evident in the assignment of that staff.. Minorities and womenmay be Fringe Benefits assigned to specific schools' or units, paying and/or

nonpaNing extra duty assignments may he giventhe A common source of ,discriminationri in emPloy-employ - one group, overtonert duties may be unfairly as- ment is the selective provision of fringe benefits. signed, and opportunities to participate'in All Benefits and emploympt conditions (including events and training programs may he limited 'to.-access to training) should be equally' availableto all employees or all employees within certain groups. Each Of these factors mustbe'car& a specified fully assesed to insure nondiscrimination in the, group. General benefits such as medical, hospital, accident and life handling of all personnel matters. insurance; .retirement benefits; leave, etc., should 'be equally' available to allem- ployees. Although different provisions may be made Collective Bargaining Agreements for 'training opportunities and travel assignments between various grotips of employees, they must Collectivebargainingagreementswithlabor he made equally available to all .employees within organizations are covered by Federal anti-discrimi- a job category and cannot,, he made on'the basis nation laws. The negotiated agreemept Cannot vio- of race, color, national origin, or sex. late these Federal laws. Discriminatory clausesmay Areas to consider are: be found in seniority and bumping provisions (a hon'a fide seniority system is legal, but its operation Retirement and Insurance Plans must not result in disctimination against minorities 1 Males and females should he eligible for or women), and in those relating to promotion, retirementand, pensions on the same hiring practices, rates of compensation, etc. The bask, including equal retirement age and principle to he followed is thatany provision which benefits. results- in discrimination againstan affected /lass B'enefits should not he basedon provisions and cannot bejustified by business necessityis that an employee isa "bead, of house- illegal.Since labor organizations may share liar hold" or "principal wage earner." bilitv in any actions which may result from dis- Benefitsfor husbands and familiesof criminatory policies,itisto their advantrige to female employees should he thesame as identify possible sour+ of discriminationand take those available to fives -and familiesof steps to eliminate them. Every colleciargain- male employees. ing agreement shriuld include a non-discringation Benefit's available to wives of maleem- ployees should he available clause covering all,procedures of theagreement. tofemale Provisions should bj made f?- open* portions of employees. Title VII Sex Discrimination Guidelines the contract where disc rimination is identified with- require periodic retirement benefits he out necessarily reopening negotiation of the total the same for men and women. The fact contract. Contracts should specify : that arbitration that they may cost more does.not of discrimination grievances shall follow title VI excuse the 'employer from providing equal bene- principles. fits. "'24 18

e\ Pregnancy and Maternity Orpast turnoverrates and cted employment needs. Any written or unwritten policy which The .goals of an aft-in-native actin plan should excludes employees iron-43°1)s because of include long-range goals and intmediate or an- pregnancy, or requires thetwto stopwork nual targets. ,Longcrange go should reflect the at a specified time should be changed. pi-oport aterepreseniatiOnof The time when a pregnanf woman'should achievementof determined on an each gr=oup identified as "underutilized." An accept- cease work must be signifi- individual. basi..This depends on the able' goal is measurable; attainable, and a cant step toward affirmation action.It should be physicalcondition,of ti he partietllar woman and the nature ofher Fob. specific hand related to timetables. Goals are not Pregnancy, iniscarriages,ahortiori, childl rigid or unchangeable,- They represent reasonable birth, and recovery arc for job-related estimates of the expected numbers of minorities Tin-poses` ;temporary disabilities." They and women in the work force as theorganiiation should be treated in the same manner redulp discrimination.' . / as other temporarydisabilities. Intermediate targets should be developed for Childrearingprovisions,ifavailable,'"-----.1=1-irin,g, training, transferring; and promoting which must be provided for both sexes. will lead to the achievement of the establishedgoals. Factors to be included in setting targets are pro Layoff, 1?,ca1l, Discharge, Demotibn jected turnover, expansion ,or contraction ,ofthe work forte, availability of persons' withrequired Standards for termination, recall, dsmo- skills, time necessary to obtain required skills, etc. tion, or discipline `must be the same for Targets should be develoRed for theorganization all employees. Seemingly neutral practices whole, for each unit, and for each job category., shoal be examined to make sure that the 4as a goals. policy does not have a disparate effect on -6' Many have" confused the term quotas with minorities or women. A quota implies a fixed numerical'requirement, Seniority and humping provisions which whereas a goal represents a commitment to an perpetuate past discrimination areillegal effort, for a limited period of time, toremediate and must he modified. the current effects- of past discrimination.Goals should reflect what the work force,of anyemployer would look like if individual and institutionaldis- GOALS AND TIMETABL not 11; crimination did not exist. The employer is goals, timetablesest;tblishcdinan under legal obligation to meet the numerical The goals and efforts to affirmative action plan are, with the workfor« but rather to demonstrate all good faith utilizationanalysis,its mostcritical components.. observe (160 emplorient opportunity. Numerical goals for "the representation ofaffected Some employers have misconstrued therequireF classes of persons within the work forceof an mem for good. faith efforts toemploy' minorities education agency or institution arc developed on and women as mandating preferentialemployment the basis -of criteria specifiedin, the- work force of unqualified candidates. This practice isillegal. utilization analysis. Undo-utilization is.determined The responsibilityof the employerisnotthe by c omparing the percentage ofaffected class in- achievement of a specific, statistical profile.Rather cumbents with the percentage of those in the poten- itis the commitment to eliminate discrimination tial L'ibor force possessing bona fidequalifications and the barriers to fair employment`Practi for employment. Utilization,should be considered and depart- Immediate actions should be taken to insure that for each rob classificatwn and by units race color, national origin, or sex are notfactors ments as well: as for thetotal work force of an in compensation of employees or determin=lion of employer. ,4 Composi- opportunities for advancement, The need fo such The plan's numerical goals reflect the ful tion of the work force as it wouldexist if there were actions usuall. becomes apparent through c, examination of salary levels as they'are arrayed in no discrimination.Timetables for achieving these projCctions based upon the workforce utilization analysis. goals- are developed from . 25 ';'\/ MONITORING, gVALUATION, AND REPORTING niade, reasons why job offer Wasnot filade, and identitN of fierson making the employment decision. Affirmative action plans should specifythe persons responsible for implementation of the plan and Records of,the- applicant flowivshould be tfnaintained., the procedureslo he utilized for legislationl requires employers to maintain monitoring, evalua- re( ords of all other relevant actions. tion; end reporting. Ultimate responsibilityfor the plan remains with the chief administrativeofficer Reports of affirmative action progress should, he of an agency or institution, but variousstall mem- made on a .semi- annual basis.Proc'edures fora bers may be delegated responsibilities.Any such

-4 t; a

26 Affirmative Action' in Educational'Programs

"To date meet efforts for affirmative action have cificallv covered under diverse Federal legiS- lation, collective bargaining laws, andState been directed, toward increasing the utilization of with - women and minorities inthe work force ofin anvil local laws and regulations dealing 'agencies agency orinstitution, and providingequal employ - labor management., "Enforcement for remedying Irient ognition however,,:has, been and procedures presently exist made of the fact that' many .soiircec of discrimina- discrimination in this area. tion 'are . found in the ecflic'ational systemic which Coverage of student program issues ispr,p- Jikpare' grokips Tor participation in the work vided: primarily by titles VI( of the Civil Educational programs ha'e deeply embedded pat- 4, Rights Atof 1964) and IX (of theE'duca- terns of operation_that,begin to "sort" minorities tion AMendments of 1972)_anct a -growing, and women,_ even, at early points In the .education bocfy of State and local human relations and laws :andregulations._ .'system.^ anti-discrimination The first affirmative action plans inhigher,Jedu- Mechanisms and proceduresforenforce- cation included consideration of student or.program ment of many ofthese statutes arestill itiated Issues: Further impetUs for thiS movement under developMent.. .was suptrlied by thegrowing- concern aboUt imple- 2.The potential use of collective bargaining in mentation. of title VI of the Civil Rights:Actand securing, monitoring,' and evaluating em- title, IX or the1972 Education, Amendments. ployment affirmative action provides a strong Title VI prohibits discrimination on the bhsis of method for 'dealing with employment issues but may be less,relevant to program' affirma- race,coq,or,toinational origin in the participatibn in, access to the benefits of, or operation of all tive action concerns. programs oractivities reviving Federalfunds. 3.The knowledge 'and ,expertise needed for 'Title IX. prOhibits sex discriminatiOn in the par- ''developmentor ern:pleyrnentaffirmative is ticipatioitbenefits,or operation of educational action and prograrh affirmative action ,programs or activities receiving Federal funds." usually- held- by differe perSons. Division( only is^there need,for of irmatiVe action efforts of the responsibility pro aides greater involvp, ansfmonitorin,g in ployment, but also for:aff4mative action in V :merit in the developme of the plans. educational programs and activities. 0 Concern for' affirmative, action in employment 4.Student and .community involvernenrinedu- .a,nd, in program may be ,addressed in the same cational program affirmative' action is essen- plan.Itisour recommendation, however, that- tial-. The 'derv:. laotpment and monitoring of two §eparate affirmative action programs be de- program affi ive action plans may in- veloped, o r that the plan include two .,d1fferent volve different interest groups than those sections---one dealing with employment affirmative involved with employment affirmative action. action and the other dealing with program affirma- For the purposes of this section, education-al, tive action. Reasons for this. :separation includ40 program affirmative action maybe definedas. Employment issues and education prograd action taken, first:to identify and remedy sources concerti'sare 'coveredUnder twolargely of discrimination in school programs and, second, separate bodies of Federal -and State legis to develop policies and procedures for the -preven-

lation and regUlations. .7' , t* of "such discrimination in future school pro -, ErriplOyment -policies andpractices. are spe- grams. -

Untike title VI, titfe IX covers dischmfoarion emplorMent as well. Its d incrimination of students.

2 7 Foundations of Affirmative Action inEducational Programs .

One of the most important contributionsof the instruction fdr cultural and(ethnic minority groups, of employment affirmative action has, the tracking of., minority group youth intospecified utilization scholarships on the basis of been the .development andrefinement of techniques courses, the denial of and procedures which may be adaptedfhr indi- race, and they placementof chi*en on' the basis vidualized Systematic asssirtent ofpossible sources of discriminatory tests. N. of discrimination in education programsand the Complaints of discriminatory practices that vio- 'development of corrective measures. late title VI should be made to: Acquirements for equality of opportunity., for all Office for Civil Rights , students in public education programs orirkstitu- U.S. Department of Health, Eduoatidn,and tions has been articulated in a body of humanand Welfare civil rightslaws,Aegislative histories, and judicial Washington, D.C. 20201 decisions. One of,ihe most .basic forms ofdicrim- or to a regionalHEW office. 'A . Complaint may ,ifiation against. students,0 racial segregationwithin be as simple as a letter 6w-diningthe nature of the public schools, was addressed in 'the1954 Supreme complaint and providing as muchdocumentation, '-- Court decision,Brniurt 2). the Topeka, ,Kansas, of the complaint as possible. It maybe filed by'..an Board of Education. The impact ofthis decision indiyldual, group, or organization. When filed by a is evident in our continuing20-year effort to attain group or organization, acomplaint may be filed in racial desegregation. of Public schools, During the behalf of an individual or on behay of aclass'dt course of these efforts, recognitionof other fOrrns category of per. ns. of, discrimination against -students ineducatiohal ,If discriminatory pracfices_are found,informal programs has increased. conciliation with the institution is initiated byHEW. This inckelikiing",recognition has resulted 'in the Should this fail, the Federal Government maydefer ,paSsage- of three significant Federal laws dealing award of. new funds pending a 'hearing,revoke - with equity in student programs. Avariety of State current funds, and/or disqualify theinstitution from laws also provides both general and specific pro- eligibility for future program funds afters a hearing. hibitions of discrimination against students. Prinerary The' U.S. Depariinent of Justice may file, suit at Federal Jeg,islatron is described below: HEW'srequest., Complaints are kept confidential when possible. If court action becomes necessary, the id-entityof TITLE VI OF THE'CIVIL RIGHTS ACT OF 1964 both parties becomes public information. Institu- tions are prohibited from discharging ordiscrimi- Title VI of the Civil Rights Act prohibits dis- muting against any person or group making a corn crio nation. hn the grounds of race, religion, or -educational programs receiving plaint, assisting in an investigation, or instituting national ori'gin proceedings against the agency or institution. Federal funds.' This legislation provides coverage for students and others; ernplovrnerit practices and policies are exempted from coverage. If any 'pro- TITLE IX OF THE EDUCATIONAL AMENDMENTS gram of an institutionreccive4 Federal funds, all OF 1972 activities of the institution related to the program ,(Higher Education Act) are covered. Wheninstitutional aid funds are involved, all activities of the inslitution are covered. Title IX states, "No, person ... shall, on thebasis Examples of the type of complaints filed under of sex, be excliided from participation in, bedenied, title VI involve-such issues as the denial,of admis- ,the' benefits of, or be subjected todiscrimination sion of students into schools or course offerings on under any education program or activityreceiving the basis of race, the lack of provision of bilingual federal financial assistance." Title IX is patterned

23 28 after the race discrimination provision of : . title VI. Use of facilities, and comparability of,avail- It differs from title VI'scoverage in thatitalso ability of and,r'ules concerning housing (except . covers prohibition of discrimi ition in employment that single sex housing is permissible). on the basis of sex. Employment provilons of the regulations Nearly all local education agencies andinstitu- cover all employees inall tions of higher educationare co;iered. Religious institutions, cxceft those in militarys( hook and religious institutions to the institutions arc exempt if application of titleIX extent compliance would be inconsistent with is not consistent with their religioustenets. Military con- schools are exempt if their primary boiling religious tenets. Employmentcoverage gen- purpose is to erally folios policies of the Equal Employment train individuals for the U.S. militarycervices, or the merchant marine. Opportunity Commission and the Office of-Federal Contract Compliance. Complaints of sex discriminationin educational programs or education employment should bemade .\ unique provision of the regulations requires to institutions and agencies tocarry out self evaluation Office for Civil Rights of polo its,practices, and the effects thereof in those areas covered by the regulations within I.S. Department of Health,Education, and 1 Welfare year of the effective date. If discrimination is iden- . Washington, D.C.20201 1 tilled, policies and practicesmust be modified and appropriate remedial steps to eliminate the or the' nearest regional. HEW office. ,If 'possible, effects -of andiscrimination must be undertaken. complaints are kept confidential-bythe Govern- ment, The .intution and -the complainantare Affirmative action is not required under titleTX, not required to maintain confidentiality. but arecipientinstitutionor agency mai take The regulations for title IX Went into effecfJy affirmative action toovercome the effects of con- 21, 1975, after congressional review and-signingb ditions which have resulted in limitedparticipation President Ford.Sex' in the admis- by persons of a particularsex. The techniques out- sion of students to educational institutions;in the lined in this monograph would- be applicableto treatment of students in educational programs, and institutional self ..evaluation and the institutionof in the employment policies and Fkactices ofedb- corrective actions as required by title IX,as well rational Institutions is prohibited. as to affirmative action. ... Admissions provisions do notcover pre-schools , Enforcement at the locallevelisprovided to elementary and secondary schools , except xoca- the extent that agent its and institutionsarc re- tional schools ., private undergraduateinstitutions, quired to develop grievance procedures forthe and the `few public undergraduateeducational in- prompt and equitable resolution of student and stitvtions that have been traditionally andcon- employee complaints of discriminationon the basis tinually single sex.Military institutionsat both of those areas covered by the regulation.Utilization secondary and higher education levelsare exempt of this procedure is nota necessary condition for from 'coverage asare schools run by religious or- the filing of a complaint witha State or Federal' ganizations to the extent that compliancewould be ngency. inconsistent with religioustenets. Title VI and IX pi-Oxide comprehensivecoverage .411 cchools must treat admitted students without wh. lh effects virtually all educationalinstitutions. discrimination on the bais ofsex. This includ?s revisions of the Public Health Service such areas as: Act, title VII and VIII, specifically addresssex discrimina, Access to and participation in course offerings lion in health peksonnel trainingprograms. A de- and extracurricular .1( including cam- scription of the coverage of this ActWas provided pus organizations ;kid competitive athletics. in the preceding section On foundations ofemploy- fnr and receipt or enjoyment of .}WM' affirmative action. Becausethis coverage is benefits, sei'vices), and finarn ial aid. thinned, it will not be reviewed againhere.

29 How To Initiate an EducationalProgram Affirmative ActionPlan

plan. A committee Program affirmative action Wiry beinitiated in effective development of such a tir hool per.onnel, administra- representing the interested groups andschool sxstem a number of vv,ays, plan. Mirmnistrative officer may initiate- staff should be designated todevelop the tors, or the,. and Aid' admin- of program affirmative action as Ideally, the policy making board tc istrative staff would he in accordwith the develop- a part of, their on g job assignmentsandfrespon- sibilities. Teachers arid other personnel!nip' man- ment of the plan. iAction The primary advantages of programaffirmative date development of program affirmative institution part of the c011ertive bargainingpackage. action to any local education agency or following: unity groups- have provided a of higher education include the Concernc agency's orinstitution's motional programs. Demonstrates the commitment to educational equity. groups orc v org, tions may practices or devil pro- 2.Helps to idea y discriminatory re on school. systems to unconsciously, m. Student groups may simi- polio s wh h, consciously or may I)os rating withdiscriminatory impact identr rogram affirmative larly on sden s on the basis of race or% sex. action and wor r c op compliance with both the letter and Boards of education frequently have informa spirit of 'nondiscrimination laws. regarding sources of *program discrimination and 4.Provides an important mechanismfor in- may mandate developmentof program affirmative , Nolvementof community, school personnel, action. and students in understandingthe legal re- Although initiation of affirmative action plans quirements, the sources of discrimination,and may come from a 'variety of sources,itis wise to the corrective actions that arcrequired fOr insure maximum involvement ofallinterested attainment of educational equity. parties, community groups, policy hoards, adminis- 5.Provides a mechanism for monitoringand trators, teachers, and students as a conditionof updating of discrimination concerns.

3 O. Elements of Educational Program ffirmaQeAction

A program 'affirmative auction planmav be or- education which affirms the potential ganited and written in worth and, a varict of was. The plan value of each individual student andstate a com: should include a statement of intentor policy, a mitment to affirmative educationas a means of preliminary identification of sources of discrimina- preparing all children for maximumparticipation tion, and an outline ofareas and. procedures for in and contribution our Apciety. further investigation, remedies for eliminatingbias A statement of purp . rovides readers a quick and discrimination,goals randCane frames for corm dye ac tion, and procedures for monitoring; summary of the plan as well as a frame of reference for understanding and evaluating lan. j evaluating, and reporting the plan. It shouldnot ampler of specific purposes be considered a rigid and unchanging are:. document, To identify sources of discrimination but father a method of identifingproblems, devel- on ,,S.he oping goals for actionprograms, and evaluating basis of race, color, national origin,or sex progress.-kiward these goals. in educationalprograms. and activities. To take corrective actions Local situations dictate the to insure that no most pressing prob- student, on Vie basis of lems to be considered. An appropriate race, color, national strategy in origin, or sex, he excluded from sonic communities or institutionsmay he to limit participation in, he denied the benefits of,or be subjected program affirmative action to a fewareas. In other to discrimination under any educationpro- communities with moreresources,itwill be possible to move ahead with gram or activity. a comprehensive educa- To identify bias in instructional tional program affirmative actionplan. rn either materials and develop programs for securingnon-racist, non- ,instance, procedures for periodic`evaliwtion,review, and modification of the plan sexist materials and supplementarymaterials. should he specified. To identifyas in counseling instruments and The following outlinesareas for program plans .materials and developprograms for securing that should be consideredas possibleareasfor inclusion. non-racist and non-sexist materialswhich can expand a student's understandingof his/her abilities and options. POLICY STATEMENT To provide training for allschool personnel which can increase their capabilityfor pro- The statement of policy for a pro'gram affirmative viding non-stereotyped, affirmativeeducation. action plan should outline theintent of the district To modify existing curriculumsto insure the in- or institution and indicate relevant policyactions. clusion of informationon the history, roles, An example of an appropriate policy would hea and contributions of the varietyof racial and paraphrase of the Federal legislationwhich indi- ethnic groups in U.S. societyand the history cates a commitment to insure thatno student, on roles, and contributions ofwomen. the basis of race, color,national origin, orsex, is excluded from participationin, be denied the benefits of, or be subjected'to discrimination in EDUCATIONAL P'ROGRAMANALYSIS AND any education program or activity." MODIFICATION Another approach mightemphasize the responsibility of schools to provide A major goal of educationalprogr:tm action affirmative education. plans is the identification of A policy statement mightoutline the need for specific, institutional policies and practices whichperpetuate inequality.

1° Although n -ither titles VInor IX prohibits discrimination against studenta on the basis of religion, Constitutional provisions may well apply. 26

3 The effectiveness of action efforts increases with and instructional materials to textbook ven- the availability of, objective data about the local dors and publishing companies. situation and the 'opportunity that it provides for Provision of mandatory/trainingto instruc- "tailoring" the plan to specificneeds.In some tional personnel which can assist them in the instances, data have, already been collected which identification of bias in instructional materials would identify needs and targets for educational andthedevelopmentofstudent'scritical program affirmative action. reading skills. Community groups may have studied racism or Provision of resource materials which may be sexism in schools, central officestaff may have used to supplement the omissions and bias of collected relevant data, or teacher and student the textbooks. groups may have collected important information. Educational .program affirmative 'actioncan be Provision of. curriculum out4aeg and teaching initiated .y.ithout documentation of the local situa- materials which can increase their capability tion, but some procedures and methods should he to adapt and develop their own resources. intorporated into the plan for determining the Provision of education in interpersonal skills nature of local problems. Program analysis does and techniques for helping students recognize not require sh'sticated reseafA methodology, but and deal with racism and sexism. may be carr ed out by careful consideration of the Specific allocation of library and instructional available information. material funds for the purchase of supple- Sources of information that are readily available mentary materials. include the experience and expertise of school per- Designation of employees for the evelop- sonnel, boards of education, and students; school ment of curriculum and teaching mate Is. records of the enrollment of students by school and course offerings; description and analysis of course content and instructional materials; and analysis .SCHOOL PERSONNEL BEHAVIOR of budget allocations and expenditures. Itis through interaction with teachers, counse- Some of the most common sources of discrimina- lors, administrators, and other school staff(bus tion and the possible modifications of the problems drivers,cafeteriaworkers, custodialstaff)that are discussed in the following section. students receive some of the most significant mes- sages of their educational experience. From the TEXTBOOKS AND INSTRUCTIONAL MATERIALS behavior of school personnel, students learn how others see them, their abilities and their futures; Textbooks and instructional materials tend to- how they will be treated and valued by other perpetuate images of white, middle-class, suburban people and by the larger society. These learnings families living in traditional families." This stereo- have been termed the "hidden curriculum." typed,view,of our society limits not only the devel- Because school personnel have been socialized to opment of positive self-image in a majority of reflect the biases and stereotypes which characterize students who do not share these characteristics, but our society, it is important that they become sensi- also limits student's understanding and preparation tive to these biases,, their sources, and their effects foe living "with the diversity of our society. upon students. To assist and support Ahem in At the present time it is not possible to purchase developing this awareness and strategies for in- a full range of non-raciM, non-sexist textbooks for corporating it in their job performance, all school use in schools. In the interim, the following steps may be taken. personnel should be provided with the following Development of guidelines and criteriafor kinds of training. examination of the possible bias of textbooks General human relations training concerning and instructional materials. the concepts of bias and stereotyping and their Transmission of the guidelines for textbooks manifestations' in the edUcational system.

V Although textbooks and instructional materials sire not covered under tjtles VI or IX, ItIs recognized that they perpetuate inequality on the basis of moo or sex. Conaideratotn of the problem inindividual 'Omni provides an example of meeting the "spirit of the law."

32 27 H;1,ftiiT!),/ AND COMPETITIVE

'In 1111%, sports pro- I 1, 1. : t 41, signed to meet 11, I 1, I \.1111 I

I 111.1ll 11,11,Ill 1,I II,i11,a;t groups and ,m1.NI IWO \!'lf ild(11(1 be encour- 111-f of ?natio, ,I11,1 t 1,i! ic- aL,cdtr,(14,\lop gatcling the th, of Ina \c,1 iti\tittnictit, and theirpotential, particularly for individual .ports. the paw, ipatinal 4,f minor Itie, ,111,1 \y4,10(11 (;iris have not been provided naining, te.out«.s, «.ss for facilities, encourage- in the %%ork fol«. (-p.4 ill,Itainitty need` ment,(IIopportunities (or( ompetitive sports or ate0411,01, ,1In1,Ihelpoition, thi, section) c\ en pltyic alfitness. The situation for males is like\%isc timinator\ in that frequently a'majority r r of the athletic funds are allocated to support the AS81GNIVIENTOFSCHOOLS AND STUDENT small numberoften less than 5 percentof the male students who "star" in tram sports. lions that may he taken include:, One of the major of educational 1)10-- Development of policies and programs of co- grttrns for tan id ethnic tninotity grouphildren edit, ational physic al education for elementary ha\ Veen tlicu \-1,,tintent hook yith fewer and secondary students. / re \ our, r. t11,111,middlcIa., .111)11t1),t11 lo,o1,. Care Development of coeducational sports activities must he taken not to (4,114 Itide inequality \vithont to the extent that individual student interests careful ,,,,,(k\nint of all teleyant Lectors. Areas to and resources permit. he atethepattern\ of as\iimmnt of Provision of male and female teaching teams student\ and\tall,alio, dhoti in tc.4,111«1\,and for p11y\i4 education courses. at, (,.ihilit\ of --pc, 1114,tati 14,t111 stlidclit,.. Pros ion 111 crustal ac,ess to competitive sports

,,f ,1111,,11.01,,11i-the uve1t 111 h,gill,in, hiding equal facilities, coaching, ,"(111( lit -c"f 4fluipment, ,t1141 other relevant factors. (1,,..4",,,r 1,0 I, .,cyc,,,pmcntD ul ptogramsto.assess and of laded hoot mathe111.111,. nt-.1 irlif (1111,4,, Ifloadun the interest\ of boys and girls in com- (1111,4,f1rsI 111111i111,1 \ he '11111Itedto petitiservort\ to provide activities to meet the one,cs. crrc'atirtn 111,1%- also he c)yertI\or interests of students ofallracial' or ethnic o\ cttl\ col ,itrayedin'I ho1,1o4,11.-oted c\trac urninv, of either sex, and ofevery ability level. I 111.11.1( II% \ 111110j71i Iht pi,t1 tit ht--ct \ Inc nainingforphysicaleducation

11 %% I('" ,II, I( (II o 1 II In In I '1, I IIitIn 111.111 ", fa( olt pidic ie, .11,1 S1/111,(' 1)1 the .1.0111 11', th;I! I". I I, IIEr, STUDENT POLICIES AND EXTRACURR'ICU'LAR these11r11111e111`are ACT IVIruts (1,111i r \yid] \mid, l,t,,er\ is cs such' as counseling and health

reoul,c. th, .4,er--.111110', 4,1 and policies mvering discipline, student for all student-, (-1etment, student pregnancies, etc. may be dis-

dc. . Resources for counseling and health /1)(.11111!' .1111 Inn 111 1 1, 1111 \elj,.. may he less available for schools with high re,....4;11(111 -- I Ow, 01.1..1(ial and ethnic minority youth. I)1.\ Pr11,1( , I ,irrprm,ided, they may he provided ( H ::.111\ on the basis of race or sex. Some of inInn H -11( In I 11. It 111.1\ he takentocorrect junior loath and mot \tudents. thew are:

of fin 1( till .1'( II fit \ t ion of availability of student serv- dentstoinvestigatenon-traditional :neer and policies and institution of corrective opportunities. meaurrs.

.4 211 33 Development of policies prohibiting'ra«, color, EVALUATING, MONITDRING, AND REPORtING

. nationalorigin,orsex segregated extracur- i ricular ac tivitrs, 1,1Ir( ti%e program affirmative action plan's are Cyr1II pflinitofpoll( le,to penult pregnant working (I(m umehts. They represent a syst mAic students to remain in s( hook of their( !mice. inethidofidentifing scalp esofdiscrimilliation, Development of policies prohibiting ra«.,odor, de\eloping (di-cc ti\ C edures, assigning niespon- national Origin, or sex qualifications for honor sabilita lidealtiatingefforts toelimirral.cdis- and scholarships. 4 c runinatinn. The extent to which the plan is sup- ThC review of testing and c 01111Clifig materials pnrtrd b hoard members, administrator-1,staff, for race and, sex bias and the de\elnpment of and students will determine the' degree of su«ess guidelines for the use of tests and instruments. attained. The methods of disseminating, Monitor- Provision of in-servi( e training to assist «insel- ing, naluatMg, ;Old modifying the plan should be ing staff in identiking and interpreting race, spec ifird. color, national origin, or sex bias of instru- Although ultimate responsibilitforthe. imple- ments and tests. . mntation of the plan remains with the chief ad- Development of procedures to deal with stir- ministrati% e nffic er 'isuperintendent), itis wise to . dent (harges of dis( rimination. delegate responsibility for monitoring the plan to Many otter areas of discrimination and enure- an employee with adequate time for carrying out tke actions ma% he identified. The above are in- this responsibility effectively. This person may he tended onl\ as general suggestions. The particular the same person delegated the responsibilitycif-- situation and resnur( es of the institution or agency Equal Employment Officer or it may.easily require can permit min hmore specificformulationof at least two pe'rsons, particularly during the early problems and «ffrective actions. stages of implementation. When a plan has been developed, briefing sessions and training ses5ions shouldhe Kovided the' GOALS AND OBJECTIVES tot. Istaffto insure that the plan is understood and The se( tion on goals and ()hie( tiers for an (du- personnel ma be equipped with the necessary ( atinnalprogramaffirmativea( tineplan sum-c,444,skillsforimplementation of the plan.Staffmembers mad/es the a( tions that are to he taken to correct should he involved in implementation to the great- identifiedsourcesof 'cliscrimin:itionandassigns est extent possible. specific responsibility and time linesfnr cornple- Itis also suggested that al Committee on Educa- tion of the corrective actions. Actions to he carried tional Program Affirmative Action he established. out should he stated in the form of specific goals This committee should include representation of and objectiVes. staff, students, community, administration, and the Each goal should represent a meastrrable, attain- sch(x)1 board. This committee provides input for able, and significant step toward providing equality both the development of the plan and its evalua- for students. They may he divided into long -range inn. The plan should he carefully evaluated and goals with intermediate rargetgoals. These goals modified every year.'. are notpermanent; they shaild he periodically Progress reports should he preparedatleast modifiedinan ongoing effortto move toward annually and disseminated to staff, students, and equality. community.

34 29 Appendixes

31 35 Appendix A

Sample Employment Affirmative Action Plan for Local Education Agencies* I. POLICY STATEMENT groups throughout alllesels of the District's staff serves an essentialedti, armnal purpose by providing models which 1, ofS, llo, l Di inn t 1 has etraditionalls II) , an support the des elopment ofpositiveself conceptsin 111.1111 .1 .,(1,111,/T1of tu.11usplemplosoirtit opportunity all students INI re,Ittiti/ethatthis has ma 1,1II attained and thatin- hespec ill, purposes,,fthisEmploymentAffirmative equit tes (-sot 11 the inequities of the pastaril 11 lion Plan are to he eliminated positive e, too, must Le takenI he follmo I 1,,..enstire equal opportunity in all personnel policies, ing rn,plo,mem affirmails,,in ?ion planIN Lndrrtaken as a prat in es. andt nllri Ilse bargaining .agreements through the mean, nplanan,uiv ryiIIII). .11 r11,1,1, ,I/IttIt opportunity and anon and elimination of practices or policiesthat to nsilte 1 s ompliato ...oh the 'curt and the spirit dot runinate on the Lasts ofrace, religion, color, national of the lass, originsex. 1,1 age develop I he mandatein anEmploymentAffirmative I o int craw the utilization of racial and ethnic- minori- A, lion Nan begans, 1ththelio insstatement adoptiil by ties and ...omn atalllevels of oemployment where under- thf Boer,' .fEMI( anon. Ja.mary 11)71, vsloi h states that utilization presently exists The h.1 shall he t de, t cm_ 'I To design and implemerlt continug internal assess- Hoye,. :is needed on the Lasts of merit, training, and exptrieri, eI herr shall he no Ms( mutilation against any ment reporting and modifii ation prove ures for the evalua- applln antorrim ilosrr'hr, aliveiirat r,t reed, (olor, t!on of the effectiveness of the plan. Natjonal originsex, or age 1.1(1r pt sshrn Itisnet essary I To drvelop employee training programs designed to to meet a bona fide orupational requirementAll corn assist employees inr (implying With the provisions of the plan. trat tors and sendots tihtlll he required to adhere to this establish procedures ssithirt the grievance process pollievSchool District I shall take all necessary actions to aonlply...oh the letter and the spiritof State and for prompt processing of individual or group discrimination Federal lays, prohibiting dim rirtnitatmn in employment harges I Ice des elopment ofthismipluvrrient Affirmatise Action 6 To pros ideforthepublication and dissemination, Planisblither supportedIi the pros isions of the 197.1-76 internally arid externally, of the Affirmative Action Plan and bargainingagreement %sill] theMinh, Valley insure itsas ailability to interested citizens groups. Fear Hier,.1ssin lation \Om IIrequite deselopmnt of SIB h a .1fter the approval of this plan by the Board of Jducation, plan H Januar\1'176 ultimate responsibility for the implementation of this plan I lo intent ofthis plan isto reaffirm this District'st ante shall remain ssith the Superintendent of Schools. inittiutntto equal ermilotatient opportunity and to assistin the rhnement and implementation of existing policy by insur- II. WORK FORCE UTILIZATION ANALYSIS ing tlOtallre, 'oilmen!.hitting,training. promotion. per- sonneli management pro( tires, and ctillectiye bargaining agree-. I hedeterminationofundertitilizationofanaffected merits. are structured and 'administered in a manner which lassof employeesinSchoolDistrict I isbased on the furthe-s' equal employment opportunity principles and over - anon ofif ueria sshichsuggestthe availabilityof (ooles Ihr VII, is1.111;1.0(11,1 riminatimi m our 51/1 %/le the Jas. or group in the relevant labor pool.In selecting re, ognizethatrqualitsof employment opportunity is a Ittrrlitfor determination of underutilization of certificated requirejnent of Federal. State, And1,,, allays Further. the teat long personnel, ,,se have examined the four factors listed represe6tatin ni THAI,: and females of allrat ial and ethnic below.

Racial-Ethnic Minorities' Sox ... Spanish- Native Total Women* Men 0 Black Speaking Asian 'American Minorities 0/0 0/0 °/0 Population in the Stella 11.4 5.2 0.1 0.4 19.1 51.6 48.4 % Teaching Personnel in State 9.5 1.2 .2 11.3 66.7 33.3 % B.A. "JegreesinEducation 12.0 1.8 .6 .3 14.7 74.6 25,4 inSta. e % Studertt Population in District 16.1 5.6 .6 .5 22.8 52.5 47.5

in, Imlr.111111..f II ,,v,111 equalityoflippdiritinily. Factor which should he The hyrntIVInTiral tirntrhnutr.hoot' reprenent ir inn!notional U .on,deratin are [hit which ,relate to bona fide Joh requitn alai WW1 lilt*r.11,111,11 t ,'egret. (erred. Stitt, figure, nlynt, , nomn,mon of P.A. clever. and Cr teaching rretlenIinil. Conaidera ore provided r kfl,11,1,1 ,i,.In,Imhntild rntewt 1,-, fiuurr. and -11.,r1 "Iitplentpnptilatinnshould be made. particularlyinOmni dintrieta ntoke n delerm30,11,11 of Ihn it long nanny gal. whit Itilenutntltrate- tnetontrnble. nithlarge Int Iuttattnnt. racialiethnicminority population.

tOn the basis of the figlireg listed above, School DistrictI. trig personnel in accordance with the following long term ie evaluating its underutilization of affected certificated teach- goals :

Thio plan 0,1 intended a. .1 delinit 'ye;node! but ',HI, rn 'ample plan who quetiong to be rontlitieretl.Inall Intolner it needs to he modified, forII,. 1,3; Ituntpin.

36 33 Asian employees 0.6% Female employees (includes minorities) 68.0% Mat k employers 12.0% Male employees (includes minorities) 32.0% Nato. -Arnerii 411 .3% Indetertniningunderutilizationofaffectedgroupsin iiiministrat-Ue positions in School DistrictI,the following Spanish-Speaking employees .2% statistical information has been considered:

Racial-Ethnic Minorities Sex Spanish- Native Total Female Male* Black Speaking Asian AmericanMinorities % Teaching Personnel in District 9.5 1.2 0.4 0,2 11.3 66.7 33.3 % Enrolled for advanced degrees 7.2 1.2 6 4 9.4 256.7 43.3 in education (State)!

In( Ist111"11411, A301,11I 471 hr...1,11,1,11, al',lairItorremr.nrorollronir.1 rm.oil mho],mosorltirn Although w m rrorrnent S6.7% of the enrolIrd agrdute mudents in th 11.1 1r rr Iro Ithe oroportion opened Iry lainrFl.. held..1ranclitinfl,theyref rived 31% ofthr dor torttiaineduction and 11 I% an.I loan I I, .nr. I nr oilmen( ni Grarluarr Stuilcriti at e; tr.,..I, I.,tlenin erlortionI administration. Ph D. Granting /ortiturionr 0. arthinaton.Anirricirn Council on Eduralion,

On thebasis figureslisted abase, School District I Female employees (includes minorities) 30.0% has established the following criteria for the assessment of Male employees (includes minorities) 70.0% underutilization cif ertificatedadministrative positions linderutilization of classified staff including instructiopal within the District : aides, professional-technical, secretarial-clerical, foods serv- Asian employers 0.6% ices, custodial, maintenance, services, supervisors, and man- Mat k employees 7.2%, agers has been detertnineecin the basis of the composition Nato.r-Anierir an employees 4'70 of the total local labor pool, except as validated job require- Spanish-Speaking r employers 1.2% ments may apply.

Minorities and Men and Women in the Local Labor Force

Racial-Ethnic Minorities Sex Spanish- Native Total Black Speaking Asian American Minorities Women Men Percentage In the Local Labor Force 11 1 1 1 14 40,0 sox

Long-termemploymentgoalsforclassifiedstaffwill non on the basis of the representation of the affected groups orrespond to . their representation in the lot allabor pools tho relevant work pools. I.Tnderutilization in specialized positions: r. g., legalstaff, Analysis of the present district work foreyields the fol- engineers( minselor,, titvi ill he determined for ear 11posi- lowinglonig utilization pattern:

Summary Table of Work Force Utilization* In School District 1

Racial-Ethnic Minorities Sex Spanish.. Native Job Category Black Speaking Asian American Total M F M . M F M F Minorities Woment Mont °to 0,0 0/0 Certified Teachers Elementary 6 2 1 , 11 87 13 Secondary 4 1 2 1 1 15 49 51

Instructional Support 2" 3 8 so 20 Principals Elementary 2 5 9 16 85 Secondary 1 3 2 98

Vice Principals 3 2 2 1 a - 12 88

Central Administration 6 3 3 1 '1 14 24 76

Tin 1,, pot 1,1,1 ITle 1,1111r.1s/dal Ing gr r..1, 11al., rrrpared tIn, hole, min., It le,

34 37 Ana !vala 111,plc..10I/toll( I I N fff hI. ,orOP,th INV ili /eluniHitler 1,1

Summary Table of Present Work Force Utilization

Racial-EthnicMinorities Sex Spanish- Native Job Category Black Speaking Asian American M F M F M F M F Women Men % % 00 % 00 0. % % , Teachers . Elementary 6 2 1 1 87 13 Secondary 1 2 1 1 49 51

Instructional Support 2 I 2 1 BO 20 Principals

Elementary 2 5 I 1 16 64 Secondary 1 1 1 2 96

Vice-Principals 3 2 2 1 12 88 Central Administration

Classified Personnel is 3 3 1 24 76

Instructional Aides 1 19 2 4 3 2 82 18 Professional-Technical 4 6 3 1 2 1 1 1 40 60

SecretarialClerical 1 9 1 3 2 1 93 7

Food Services 1 9 3 1 1 96 4

Custodial 13 4 1 1 7 93

Maintenance 6 1 1 99

Services (Security!, Transportalvan and Semi skilled) 26 6 2 1 28 72

Supervisdrs and Managers 1 5 1 1 15 65

1/istril %tatling liattrns ear.licr. thehill( mg patternoflinderutilizationorpresent naI..rirwa,tiringwidernidiraimildeal rihed unh «haslimnndetermined:

Racial-EthnicMinorities Sea Spanish- Native Total '33 Job Category Black Speaking Asian American Minorities Women 0/0 Certificated Positions Teachers Elementary 5 4 .4 7 4 .IS 19 Secondary 3 2.4 .1 19 Instructional Support .7/ .6 6.9 +12 12 Principals r- Elementary 2 2 .4 4 4 --14 +14 Secondary. ro 62 2 .4 4 6.4 28 +28 Nice Principali 22 I1. 4 1 4 18 + Central Administration 113 2 .4 4 .4.6 6 +6 Classified Positions Instruccional J ,9 5 +2 I1 +17 +42 --42

ProfessionalTechnical 13 i2 I1 + 5 Secretarial-Clerical -1 4 3 4 1 3 53 +53

Food Services I. 4 2 +1,- 56- .4-56 Custodial 6 f 1 1 1 -I-,5 +33 33 Maintenance 5 1 1 7 +39 39 Services 21 i2 .,. +22 12 +12 Sypervisers and Ntatiagbrs 5 -__.1 1 7 25 +25

38. 35 Worksheet for Workforce Utilization Analysis Total Black Job Category Spanish-Surnamed' Native American Asian Male Female Male Female Male Female' Male Female Male Female ,,

Category N N % N N. % N N % Salary % N % N % N N % Category Salary Category Salary

III. MODIFICATION OF'PRESENT PRACTICES consistentforallapplic ants, and no questions should he AND PROCEDURES asked of vsomn that arc not asked of men

Recognizing the peed to insure equitable administration It Sim rthepolityofSchoolI)istrict I prohibits the of personnel policies,the1)1strictHillinstitute actions in employment of Inure than one member of a single family, the follossing areas. this polio y shall not be applied inequitably against one sex: A. Job Analysis 7 Starting salaries shall he determined on the basis of A job analysis ofall employment positions will be «un-. spy, Med tiiiithlwationsanti placement on the appropriate salary schedule. pleted during thenext6 months, Each position\sillbe Factors such as marital status, number of res wined in terms of existing job descriptions. Minimal valid dependents, spouse's income, other sources of income, or job requirements. tasks, joh functions, sclectron procedures, othernon-meritlac torsshallnotbeconsideredinthe and salary rangesPerformance criteriawill be des establishment of salaries for each position:I hesec riteriain illhe used as guidelines ii Records of applitants will he inaintainticV to provide fores aluation. promotion, and hiring(ifpersCinne6 Any a record of applicant flow. These will he identified by race sources of inrkplitv that are identifiedssilf be corrected by and sexOther records that sill be maintained are lists of January 1975 indis (duals aud groups contacted in the process of affirmative Re( rultnient and ,Selection of Personnel recruitment. published notices ofposition openings, lists of noticec ire culation, arid relevant correspondence Recognizing the criti'calThriportancii of effect's rirricruit mem and hiring practices in implementation of the I)istrict's 9 Allemployeeswithresponsibilitiesforrecruitment, En1111"Yrnrnt Aff/rulatit e.,Atlion Flan, the follossing pro( e- lqring. or selection 'iron eclures shall by September 1974 be clitreveitti he Inllossd provided training to insure their understading of the Plan and the required procedures for its implementation. 1 All rob arjnounceinepts \sill specify the nature of the (:. Joh,theinformation needed fromapplicants,the name, Promotion arid Upgrading of Personnel address, telephone number of the employer, and the, person All individuals responsible for the evaluation, wigrading, to heI omit( led for infortriatami and application procedures. and promotion of personnel shall complete a yearly report Every annofincemnt or listing of the, position will include inch( acing the s.ta,ternent that the districtis an Equal Opportunity Ern- 'I he promotion rerores eif men, women, arid rat ;al and ploN.er ultural minoritiesin each nuiployee Classification and unit 11 Efforts \sill he made tolilt tease terriiitment of rat ial- The identificationofemployees who presentlyhold rithimminorities vy.onien and throughtheuseofnon- positions that undrirtitilize their credentials and abilities. traditional soma es Some of the rev rintment sources that trill The harriers to the upgrading of these employees and he used arc In, al limas media, Ion ommunity organizations rrtommenclations for overcoming these barriers. , and nes,. Tapers,miss shiners, schools andjournals V1 ittl Sur h reports still be collected, arialyied, and reviewed by onnoritsor female audiences, minority and women's or- management, poli(v makinyi groups, and relevant rimpOyee gam/anon,. spec ialued employment programsIn addi- non, armour', emeriti. of all position openings sill be made )\,I1)...rts as inlable to all personnel presently employed by the Distrac t Efforts,ill hr !nail,-to identify a career lattice within to pros ide opportunities for position upgrading the ss stem shah 1 an assist the upgrading pf employees and the strengthening of team relationships among groups of Recruitment froinI ()lieges and touversities %sill include cuiployeeii institutionsssithhighpercentages ofstudents ofs artous I),Nssignment of Staff rat ialaithnic minority groups Pro( edures ss ill alssay) Allstaff assignments\sill. be reviewed sending non, es to plat iineilt offices, minority affairs offices, aril'assetsed on a yearly Liati.sto insure nondiscrimination minority student programs counseling I enters, and minority' P'articular consideration ...ill be gis en to possible bias in: student mgamiationsInterracialrecruitingtrains\sillbe Itself shrncsrr pISS11)11. the automatic assignment of racial and ethnic minorities and women to specific schools or jobs. 4 :111 'application forms shall collect only that informa- the assignmentof paying and nonpang extra duty tion due, Isrelevantto job performance, and one form assignments. shall be used for all applicants for spec ifted job categories the assignment of overtime duties. S. Information requested during interviews shall' be re- the opportunitiestoparticipateinspecialevents or latedtotot,perforinank C Information collectedshallhe training programs.

36 0 7 0

Golly( Ilse Bargaining Agreements plementatien of the F,inployment Affirmative Action Plan All collective bargaining agreements or professional agrce- Hill not 'adversely affect current employees. Throughout the merits with the Minto Valley Teachers ,Association and other process of implementation oemployee groups will be examMed to be sure that no prosi- , I Joh openings will not be created by dismissal of any lions of the agreement resultin discrimination .against a present employee protected class or grouptf discriminatory p'fosisions 'are 2 Job openings will not he created by demotion of any identified, these portions of the-contract shall be opened for employer negotiations to correct the discrimination without reopening It is anticipated that underutilization of certificated teach- negotiation of the total agreementIn addition, arhitration 111, ing personnel can be corrected in 5 years; underutilization ofdint rimination grievances shall be inaccordance with of certificated administrative personnel' can be corrected in print iples of title VII of the,Civil. htli'Act 8years; and underutilizationofclassifiedemployees be F Grievance Procedures corrected in 6 years. Grievance procedures shall be availahle to every employee; Theshort-term goalsspecifiedrepresentmeasurable, grievances relating to this plan may baddressed all'ough attainahle and significant steps toward affirmative action. It regular administrative procedures or procedures specified/in is the intent of District 1 to do everything possible to insure collective bargaining agreements. During the 'handling of attainment of these goals. dik-rimination complaints or grievances, efforts will be made The major objectives and procedtkresthat have been tbinsure the inclusion of racial and ethnic minorities and established for the implementation of E-riployment Affirma women inthe complailt reviewprocesstoinsure non- Ave Action are: discrimination in grievance disposition. A. To demonstrate commitment to the implerpentation G Employee Fringe Benefits of oyment Affirmative Acsistr Plan. \Examination ofemployeefringe benefits indicates sources I A, yearly policy statement reaffirming Districtl's if discriminationImmediate modifications will he made in (commitment to equal employment practices will polo iesoncerning be issued by the School Board and the Superinten- Rettrement and Inturargre Plans . dent in June of each year. and Male.: and females shall be eligible for retirement 2.A publiC announcement of the policy of the Boird pension benefits in the saint- hasis. This includes equality of Education of School District 1 shall be made in retirement age and periodic retirement payments. no later than 1 month after adoption of this Plan. Benefitsor husbands and families of female employees B.To identify'and modify discriminatory practices. shall he iii.salent to those,.availahle to wives and families ofallcertificated and classified of male employees. I.A job 'analysis positions willbe completed 6 months after this Pregnanrnd Mafrrncty plan has been accepted by the School Board. Nn employee shall be required, to stop workat a specified , 2.All applications and selection procedures will be time during pregnancy An individual decision shallhe modified to ensure equal employment opportunity made on the basis of job requirements, personal preference, 111), the beginning of the 1974 -75 school year. and medical advisability.. 3. Any identified salary inequities that exist because Return to vsork after .0segnattay shall, be hased on per- of race or sex will be corrected by September sonalfai torsarktheefficiencyof 'schooloperation. 1974.Procedureswillbe establishedforyearly No requirement shall be made which specifies delay of monitoring and review of salary schedules. return to the classroom as an arhitraryrequixement. Any inequities in -fringe benefits that exist because Pregnant y miscarriages, abortion, childbirth and recovery 4. of race or sex shill be cornted by January l975. are.forjob-relatedpurpbses,"remporary. disabilities. Policies rovering, these conditions. shallhe the same as 5.Any inequities in the promotion of' employees be- policies cos ering other forms of temporary disability. cause of sex° will be corrected by 1975.76 school Layoff, Recall., Discharge, and Demotion year. 6 Any patterns ofstaff assignment which suggest Allpolicies pertainingtolayoff,recall,discharge, and discrimination on the basis of race or sex will be demotion shall he examined to insure, that no practice creates corrected by the 1975-76 school' year. a disparate effect on_ racial or ethnic inn-1066cl or women. Seniority and bumping provisions will be examined to jnsure C. To increase School Districtl'sutilizationofracial that they do not perpettie past 'discrimination. and ethnic minorities and women, the racial-ethnic minority staff, ,and utilization Of women and men will be increased by the following numbers through District IV. GOALS AND TIMETABLES hiring practices: The following goals and timetables have been,est4b1ished after careful evalualion of the utilization of racial and ethnic Certificated Staff 187847 minorities and ANOTTIrrlinDistrictl's present work force, Teachers 1874.75 1875-78 thetargetgoalsforaffirmativeaction, and thepossible , Black 12 12 12 sou rtesofdiscriminationinpresent Districtpolicies and Spanish-Speaking 8 a a 2 2 practices.1 he timetableisbased on projected numbers Asian 2 Native Amarldin 1 , 1 1 of availahle joh openings;it assumes that the average em-. Men (elementary) 18 16 16 4 4 4 ployee turnover rate of the last 3 years will prevail.Im- Women (secondary)

40 ° !Special Education Teachers 1974-75 1.975-76 1978-77 I ue and ddrni .strative Assistants Bliek 5 6." 5 Spanish-Speaking 4 , 4 4 High Sch( ' 3 minority 2 women Asian 2 1 Junior High School s3 minority 4 women,' Native American 1 Men 4 4 4 ry -Gentral Administrettifin Top Management 2 minority 2 women Librarjans 1974-75 1975-76 1978-77 Administrative Staff 5 minority 8 women:.

'Black initructianal Support Staff Spanish-Speaking 1 1 Deans: Department Heads, ' .Asian 1 1. Native American 1 Counselors, Team Leaders, O ' Men 3 2 .2 etc.) 18 'minority18 women

Classified Supert tsars and Manages 31 minority 4 women FaraprbfeseIonal and Instructionll Aides 1874:75 1975 -79 . 1976-77 e E. To provide DistrictIpersonnel with, opportunities, Men 14 12 12 forstaff 'development and theacquisition of corn- petencies needed for career mobility,, A staff- develop -. ment program consisting of four components will be Professional-Te,chhical 1974.75 1975-76 1976-77 initiated in District1 during the 1974-75, school year Elements of the program will include: Black 3 3 Women 6 6 1. Management Dvelopment -- Management courses will be available to certi-, ficated and classffied employees beginning during Secretarlal-Cherical 1974-75 1975-76 1976r77 the.fall of 1974. 3 -.-A management intern program. to be ,offered to Black 2 2 2 a minimum of six persons -will be initiated in- 1974 Men 4 4 . 5 for the purpose of assisting minorities and women to attain administrative and management skills and Food Services ;1974--75 1975-76 .1976-77 knowledge needed to advance into .adrriinistrative positions within the District*: Black 2 2 2 2. Skills Development Spanish-, Speaking 2 2 2 Men 4 4 4 Training programs will be designed and implemented during the 1974-75 school year to assist, minorities and women at 'all staffing levels increase Custodial -.; 1974-75 1975-76 1976-77 their skills for upward mobility. After the completion of the job analysis of all

Spanish-Speaking 1 1 District positi(ins, the District's needs for specialized Asian 1 1 _Native American 1 a 1 competencies and skills will be determined. Train- Women 3 3 3 ing programs designed, to provide minorities and women with these specialized skills will be designed and implemented during the 1974-75 icfft;o1 year. Maintenance 1974-75 1975-78 1976-77 3. General Human Relations' -, A general human 'relations prctgram desigr.ed to Black 2 to 2 2 Spanish-SpeakIng 2 2 2 strengthenpositiveattitudes'towardsallpersons

Asian mm 1 1 1 will be provided all District employees during the Native AffrnericAn 1 1 1 Women P 4 4 1974-75 schoolyear. (7 '('. 4.PdrSonnel Counseling . counseling program will be developed by the Services ,, 1974-'76. , 11'875-76 1976-77 %Personnel Departmenttoassistemployees with careerplanning,work-associatedproblems, and Spanish-Speaking 1 1 1, Asian 1 1, . 1 where appropriate, personal concerns that woula Native American 1 1 1 . Women' 3 3 3 assist career mobility. /V -,

D. To promote and, hire minorities and women by 1977 V. MONITORING, EVALUATING, AND REPORTING into actniinistratie and supervisory positions and in- I tisrecognized that affirmative actionisa continuing .crease thei.i representation _those groups. proCess which .requires ongoing trainingj monitoring and evaluation. Within the District, ultimate responsibility for Principals the implementatipn of the Plan is assigned to the 'Super- Junior High School 1 minoty 1 woman intendent of Schools. The Board of aEducationshall 'be High School 1 minority 1 woman provided semi- annual reports of the progress of the Plan Elementary 3 minority 8 women with any necessary tecommendations for modification.

38 11 An Advisory Committee orEmployMent Affirmative Ac- 10, To assure dissemination of Information regarding the tion shall he appointed by the Superintendent. This cam- District's Affirmative Action Plan to all applicants, ,..rnittee shall require representation- of the Boatel of Education, riiployees,andpersons,agencies,and companies school administration, employee groups,n;inunihity organiza- doing business with the District. tions, racial and ethnic minorities, sand womenThis com- II To draft for the Superintendent's approval an annual mittee shall meet at least quarterly to provide assistance to revision of the Affirmative Action Program. Each re- the Equal Employment Opportunity Officer in reviewing, vision shall include: progress and preparing recommendations for necessary modi- 'Astatusreportregarding goals and objectives fication' of the. Mein, that have been met and those teat have not been A School District employee designated as the Equal Em- achieved. ployment Opportunity Officer shallreportdirectlytothe Recommended objectives for the corning year. Superintendent of 'Schools. The major duties of this person Revised implementation. procedures as required. shall include: Specifichiring and placement goals and time- 1 To inform District, employees of the requirements of tables. the laws as identified by the District's Legal Counsel and the provisions of the Employment Nffirmative Action Nen. Plan Evaluation 2 To assist in implementation and the monitoring of The evaluation of the Plan ,,,..;i11 be the shared responsibility the established gOals and timetables for stach District ofthe, Board of Education, the Superintendent, and the administrator with hiring, evaluation and promotion AdvisoryCommittee on Employment Affirmative Action. "aubhority.. The procedures for evaluation will include the following: 1 To identify in writing to the Director of Personnel L The Personnel Department will prepare a semi-annual andSuperintendentofSchoolsanyemployment report for the Equal Employment Officer which. in- practice or policy that, is discriminatory or drat does cludes the .following informition: not'meetthe i reme n tsoftheEmPloyment Affirmative Action Plan and to recommend specific Progress made toward goals setfor employment, staff assigement, and staff promotion. action to correct any such practice or policy. 4 ; To coordinate under the supervision of the Direc for The number ofminority and women employees hired or promoted to administrative or specialized of %Personnel any investigative and evaldative rfunc- positions and/or advanced to higher classifications dons of the Affirmative Action programs." 5. To assure that complaints and grievances regarding generally. A listing of women and minorities who have corn- discriminatory plactices are investigated ., pleted the District's Management Intern Program and processed accord in.to policy and -contractual requirements. and other management courses. A listing of women arid minorities at all levels of fi.To prepare for tile Superintendent and Director of .1:employment who have completed training needed' Personnel monthly reports indicating identifieddis- to move into positions of increased responsibility. criminatory ppctices, violations ofDisrrii-tpolicy, The number of employees who have asked for and the 'complaints and problems relatingtofair em- received counseling. ployment practices°, and the corrective measures that have been undertaken 2.The Equal Employment OpportunityOfficershall 7.To Lassilrethatadequaterecordsaremaintained prepare semi,- annual reports including the data -sup- which can be used to evaluate the District's progress plied by thePersonnel DepartMent, other relevant in affirmative action. information on the ,Affirmative Action Plan and any 8.To make semi-annual reporti with the Director of necessary modifications that are needed. Personnel to the Superintendent and Board of Educa- 1. The Superintendent stall annually transmit a final tion, regarding the Employment Affirmative Action reporttothe Advisory Committee for review and Program and to recommend nrceSsary changes in the recommendations. program. 4 . A finalannual reportincorporatingthe comments 9.To serveasthe Districtliaisontothose govern- of the Advisory Committee shall be transmitted by the mental agencie; and offices responsible for the en- Superintendent to the Board, of Education for policy forcement of all (air employinent laws and regulations. decisions. 9

42 39 Appendix B 4 Sample Eilucational ogra AffirmativeAction 'Plan for Local Education Agencies

POLICYSTATEME)IT The ultimate goal ofEhis Educational Program Affirmative Action Han is'to provide an educational program which The educational program of School District 1 has tradi- thinally sought to meet the needs bf every student within affirms the value and supports the development of thepo- tential of every student. The specific goals of the Plan arc: theDistrict and provide -equal educational opportunities 1.To identify sources 'of discrimination On the basis of for all. We recogrlize that these goals have not been attained racial or ethnic group or sex-in educational,programs and that some groups of students are denied ettl'ality as a and activities. result of certain educational practices and policies, school 2. To take corrective action to insure that no students, personnel behaviors, and the difficulties inherent in meeting on the basis of race, coloy, national origin, or sex, be individualized needs of a diverse student population. excluded from participation in, be denied the benefits, The following,, Educational Program Affirmative Action of, or be subjected to discrimination in any education Plan, acknowledgs these past inequities and moves toward program or activity. their systematic correction. Itis undertaken as a positive 3. To identify bias in instructional materials and deielop effort to insure District l's compliance with the letter and the programs fol. sectiring non-racist, non-sexist materials spirit of laws prohibiting discrimination in student programs, and supplemen'tary materials. and practices. 4.To identify bias iri counseling instruments apd mate- The program is supported by the policy statement adopted rials and deVelop programs for securing non-racist, hy the Board of Education, June 1974: non-sexistmaterials _which can expand astudent's understanding of his/her abilities and options. The policy of School DistrictI shall be to provide edu- 5 To provide training for all school personnel which can cational programs for students as needed onlhe basis of individual interests, values, abilities and potential. There increase their capability for providing non-stereotyped, shall be no discrimination against any student because affirmative education. of race, color, religion, national origin, sex, or social 6 To modify the existing curriculum to insure the inclu- class. The primary goals of District l's educational pro- sion of information on the history and contributions of grams shall be: 1. To provide students with the skills necessary to all racial and ethnic groups in U.S. society; and the live productive lives hased on their cultural values, history and contributions of women. preferences, and' lifestyles. 7.To provide equality of opportunity for all students in 2.To provide exiteriences that will assist students in physical education and competitive sports programs. the actualization of their full measure of human potential. R. To insure that extracurricular activities and recogni- 3. To prepare students for full and active participation of student achievement provide equality of op- tion in a changing, democratic society. portunity for all students. To alleviate the limiting effects of racial, ethnic, insure thatall policies concerning the treatment cultural and sex* role stereotypes which existin our society and to facilitate the optimal growth of of students are implemented in a non-discriminatory each student in accordance with his /leer irrdividual fashion. needs, 'abilities and interests. I School District1 shall take all necessary actions to comply with the letter and the spirit of state and federal II. PROGRAM ANALYSIS AND MODIFICATION laws prohibiting discrimination in educational programs. The primary purpose of this analysis of the educa ional The development of this Educational Program Affirmative program provided students in School District 1 isto iden- Action Planisfurther supported hy the provisions of the tify areas of discrimination or stereotyping and to initiate 1971 75 collective bargaining agreement withthe Mint° corrective measures. The following problem areas have been - Valley 'reachers Association which required development of identified to date. A continuing activity of the implementa- such plan hy January 1975. The Plan alsosupports the Dis- tion of the Educational Program Affirmative Action Plan trict's good faith efforts to comply with title VI of the Civil' %Ail] he the systematic analysis of all programs in a continuing Right Act and titleI of the 1972 Education Amendments. -tudy of possible sources of bias, The schools have reflected and perpetuatedmany of the characteristics of our society and its institutions.It ec- Textbooks and Instructional Materials ognized that educational programs of District1 have so - times reflected the stereotyping of studentsby, racial an The bias and stereotyping of textbooks and instructional ethnic groups and sex. Itisthe purpose of this planto materials have been well documented in numerous national ,pprco ule a structure for assessing the ways in which students tudies.The Minto Valley Women's Task Force made a ha%e or may have suffered cliscriminati?m on these grounds tudy of materials used in the first three grades in the Dis- under past poligies hr practices of this SchoolDistrict, to t u tand documented the relative omissions and biased develop programs to correct this discrimination,t o specify treatment of racial and ethnic minorities and women. Ma- goals and timetables for the 'accomplishment ofthese cor- terials currently' being used tend to perpetuate images of rectkr measures, and to provide Itructures and processes for middle- class ,personslivingintraditional the monitliring and evaluation of theseprograms. families

10 3 In ie%\of the Ilfe \ .11.111,1 4 11,1 tt r II arc .:(s, ;t. I .-it at. I.1- t.rtlindie timetable steps will be taken; t.. clan of this I.A Corrin:ittee bitInstruic tional 1 late, ads .....,op of

representatiseirof coommintsgroule, tt r Assignment of Schools, Courses, and Student Grouping riculturt spec talist, and student's shall be at,,te,ted tN IIt .1 1,.11:J Witt I 41iIl'ILt.1 ;litmus sr hoots in the Dis- r. the Supyrhaenclent to exanotte txi,toit.t cood. lute, and t( lt atel our se .411'11111,ha, V, lit nails been( arried out on recommendations for the sell, tem coti( hasattom mate lu'Lots . mete c att(1it a(litionLast dear thorough vials and develop asetof 1' \ re' t tto.1-1tolta lit 111111.11t, resealed rac ial garding the examination of Irlak to instill( 1111.1i11),itc assiett. hake already addressed -vials,it he distributed to all per soon( Iand ititeresied t h t '' r u t' err 1, Iti,11" MC, 1111,i:1.0,11 ,(1111'at1141 in all schools. students in Distric t I Less ohs mos hoots ofit( reotcpme and bias on the basis The Initructinnal Nlater(als (.:(attriottee d,iII tsork csith ca rat'orsc.are noss beingidentified In elementary students of Minh( Valk CollegeinI arrsangalit 'a is hools, Abdoerotipines has,- often resulted, in the segrega- study of the alitaires Of racial and vtlinic minorities and tion of 'indents by race or sex.Al the secondary level,it women in materialsc orrentlyits( dtothe 1)(strici has been (leers ed that screatiottal courses and smite of the 1 The' Instrucctional 1latertal,( (unroof. ,cull he .a-ked ad.. anted citadel:tato sand language courses are similarly

to prepare a set of spit( tfic ,stunts for !more poi( hoses 01,!;111 11 II 'Is the V of District I to uncouragestu- of instructional itiaorials and( opies of thew specifi- dc nts'tufts ideal choicebutitisequally important that cationsshallbetransmittedtoall«nnpaniesand stmihts he encouraged to develop their full potential and sensors w-ho conduct business %sailthe District examine all alternatives as ailable to them. 4 An 8-hourinsi-rs icetraining, program willbepro- The follocsing measures willhr taken to reduce stereo- vided for allteacher,. ,and instructionalstaffinthe tt.ping and encourage maximal development and consid(ra,- District. thisprograinwillpros iderear hersis ith tam of options for all students: contentanalysts t(r lutiques. supplemntary materials I Tea, hinicviper% isors\sillprepare guidelines on the resources, and strategies and act is hiess, hi( h Ian he use of small group activities in the classroom. These used in the classroom to reduce the efiec isof biased .giiideliers will contain suggestions on the effective use materiels. of groupings inthe classroom and the avoidance of Tyco staff members of thec urriculurn -unitsill he as- (le latto,..segregation in the classrooms.They will he signed responsibility for the ide1rtification4of supple- disc ussedcs ith (tact teacher in the District. mentary Isiaterialxand' the de( IcIpolyntof teaching Administrativestaff shallprelicareguidelines on the materials which canassistto hersinredoeing the assignment of students to courses and activities. These effects of biased materials ,sillIre discussed\, ithallstaff with responsibility for 6 At least one third of the fondsi as ridable for library- student guidance or placement. and instructional materials acquisitionill he allocated I A "surd is al" nurse which combines living skillsre- for the purchase of supplementary materials to reduce lac( (Ito former home economics courses and shop and race and sex bias. mec ham( s courses swill he developed for middle school s els coeducational course will hg required for all students. School Personnel Behavior I All so( ational rdticatiOn courses will he open to stu- o 'the importance of the fihas forofs( hoot liersonnelto dents of both sexes. thecleslirpoientR sturlentshas been do( ontentedina Counselingstaffwillbe directedto examine overt nuiriber of national stitchesItIsthrotigh toleraction with practices ss hich resultin tar, or sex tracking instii school personnel teachers ,"( eturiselors, administrators, cafe (lent programs.

feria csorkers, bus clricers and (alter stall . itsto',its are Are-es:dilationof Career Day programs presently

MsPofsed to a littl(1-11 ,till 11441, h ' tn theIli,trict illhe undertaken'Efforts will t., ihrr Ire .(iitthe (t (de, to innue thr 1110s 1111rol 1,fdisrerserole become e (I( Is Itoto they, otaaitinits in the proitr'ain. This will

Becausesc hool persortia Ioft( tiittt- t t i.ttabtor (to- representation of various racial-ethnic g.roops

kilos\ ingly, the biases and taeleots iv . societ ,...and \semen in the skilled trades, serviee occupations. and coirmitinicate these to student, itis tropm ',intthatall professional and technical occupational groups.

staff' of School District I her'11fIlf- *cleat lc e to these issues

this end, School District 1 swill: Physical Education and Competitive Sports I. Providea "mandatoryI 2-hourhinderrelationsin- esearc h has doquitenird an increasing amount of evi- service training program for all staff during I974 -.75 dnce regarding the' importanre of quality physical educa- school year. This ic ill include cos crag, of the remerpts tion programs for all age groups to insure optimal physical of bias, stereotyping, and discrimination on the has and mental functioning,It has become apparent that many of racial or ethnic group or sex. of our programs do not provide opportunities for maximal 2. Provide mandatory training sessions aimed at increas- physic al cies clopment of all students. Further, we have noted ing specializedskills 'and ompetem iesofteachers. Iltat many students with a high Jewel of physical- skills Ure counselors, aria administrators that are crucial to non- denied opportunities for competitive sports experiences which cliscriminamry eclua These sessions would he in- hose important self-image, economic and achievement out- dividualized to fi rr job tclated tasks of each group; notes.

41 44 The policies. of School District 1 will he modified in Ahe have been permitted special privileges of participating in following ways: a youth leadership development program sponsored by I . The physical educational staff will be directed to de- local service clubs.The highlight of this activityisa s elop a .crducational physical education curriculum 2-week internship in local and state government. It shall for the elementary grades which will insure nptimal he the policy of Schnol DistrictItn discontinue this par- physical functioning for all students.Efforts will he ticipation unless the program is extended to fernalF stu- made tp provide instruction by female-male teams pf dents. instructnrs whenever pnssihle. 2 -Student Pregnancy Policies. 2 All physical education programs at secondary level will lie present policy of School District 1 istn require be conducted on a coedutAtional ba,tis. Special sports pregnat students to discnntinue schnol or attend. Grant activities arrd,courses will he npen tn members nf:bnth *Schnnl foi pregnant students. This pnlicy will be Modified sexes in accordance with student interests...0 inthat pregnant students will be permittedtoattend 1.A survey of student interestin individeal arid team , school based nn their individual preferences. They may sports shall be made at the middle schnnl and secnnd- remain in the schnol that they normally attend, or use ary school levels.When there is sufficient interest in the scrvicv nf Grant SChnol. sarinus competitive team spnrts, opportunities will he i. Student Honors and Scholarships. provided tn hoth girland boys fnr instructinn, facilities, and cnnipetitive npportunity. Scholl District1 has 'assisted numerous organizations to select honorsoand schnlarship recipients.It has been docu- 4 Oppnrtunities for participatinn in physical education and spnrts programs may not ge differentiated by sex. mented that a high proportinn nf these are designated exclusively' fnr male students. This include use ofsfacilities, uniforms, cnaching staff, It shall be the policy of Schnnl DistrictI travel. etcEquality of expenditures between hoys and tn refuse to participate in such programs unless they are npen tn all students. girls spnrts will he prnsided nn a per capita basis of the students participating in cnmpetitive spnrts pro- 4 Differential Disciplinary Action,, grams. The application nf differential disciplinary policies on the basis nf race nr sex has been observed in several ir

stances.It is the policy nf Schnnl District 1 that standard Counseling and Guidance enfnrcement nf disciplinary pnlicies and prncedures will ,.he applied. To -implement this policy the following actinns Counseling services within School District 1 have been will be taken: prnvided in three primary areaseducational counseling, per- Al'! schnnl persnnnel within provided with guidelines snnalcnunseling, andcareerandvocationalcnunseling. Numernus instruments fnr educatinnal and psYchnIngical,is- indicating the need fnr cnnsistent application b1 disciplinary pnlicies and detailing past sources of in- sessment have heen ivied in carrying out these services.In- cnnsistency. . , sufficient attentinn has- been given tn the ways tlik achievement,psychnIngical,andvocationalinterestt tsreflect A prncedurr fnr receiving student complaints and cultural biases. In view ni the pnssihle inequities perpetuated appealing disciplinary declsinns will bo jnintly deter- by the use'nf such tests and related cnunseling experiences, mined by administrative staff and student gnvernment the fnllnwing steps will be taken: grnups. I The counseling staff will he directed to identify exist- Prncedures nf the Er;mlnyment Affirmative Action ing guidelines fnr the use of tests and instruments and Plan will work toward the greater representatinn of

develop apprnpriate Wuidelinei for School District I racial and ethnic minnrities and wnmen in adminis- These will be supplied tn test vendnrs. trative pnsitinns. 2. When non-racist,iron- sexisttests can heidentified, they will he used in preference tn biased tests, All members nf the counseling staff will be prnvided GOALS AND TIMETABLES a minimum nf 16 hnurs nf inservice training ,on the The follnwing gnals and timetables have been established interpretation and use nf tests with varied racial and for moving School District l's educational prngram Inward ethnic minnrities and wnmen. true equality nf oppnrtunity; and compliance with State and 4 Effnrts nf the Empinyment Affirmative Actinn Plarr Federal laws prohibiting discrimination in educational pro- will he directed in increasing racial and ethnic minnr- grams.Itis anticipated that specific sources nf discrimina- ity representatinn on the cnunseling staff. tion identified to date can be cnrrected by the npening of the 1975-76 schnnl year. Continuing prnblems of discrimi- natinn that may he identified will be addressed as quickly Student Services and Policies as possible and included in subsequent mndificatinns of the Itisrecngnized that sehnot policies oftenreflecttradi- Educational Employment Affirmative Actinn Plan. tinnal sterentypee and attitudes that may not be cnnsonant The majnr gnats and objectives that have been established witthe best interest nf the student. The follnwing. areas fc;rthe implernentatinn of Educatinnal Affirmative Actinn have already heen.identified as problem areas aind cnntinuing are: effnetstnidentify nther pnssihle snurees ofirbiaswillhe A. Tn demnnstrate cnrnmitment tnthe implementatinn undertaken: nf an Education Program Affirmative Action Plan. I.Student Participation in Community Affairs. 1. A yearly policy statement reaffirming Schnol Dis- During the past few ye,ars nutstanding male students trictl's commitment to equal education for all

42 4 5 students will be issued by the School Board and Physical Education and Competitive Sports air Superintendent in June of each year", 1. A coeducational physical education programwill 2. A public announcement of the policy of School be developed for elementary and secondary stu- Board I shall be made no later than I month dents by January 1976. after this plan is approved by the Board of Edu- 2.Students will be provided physical education in- cation. struction by teams of male-female instructors to the B To modify identikd discriminatory practices.Identi- extent possible, fied discriminatory practices in the following areas will 3. A survey of student interest in individual and team sports shall be made in middle schools andsecond- be ary schools by January 1976. 4. A competitive sports program will bedesigned Textbooks and Instruction4 Materials based on identified student interest whichill provide equality of opportunity toallstudents by I.A Committee onInstructionMaterialsstillbe appointed by October 1975. The functions of this September 1976. 5: A review of the availability ofopportunities for, Committee will be: student participation, use of facilities, provision of The development of guidelines for examination coaching services, and equipment will be made on of instructional materials by January 1976. being made to The initiation of a'study of the images of minori- a yearly` basis with the first, report the ties and women in existing materials to be com- the Equal Employment Opportunity Officer and Superintendent by January 1976.This sh9t11in- pleted by May 1976. clude a comparison of per capita expenditurei for The development of a setof specifications for males and females with equalization being achieved future purchases ofinstructional materials by by 1977-78. January 1976. The review of progress of affirmative action efforts related to textbooks and instructional mate- Counseling and Guidance rials on a semi-annual basis,. 1. counseling staff will develop guidelines for the The CiNculurn Department of School District 1 2 use of tests and instruments whichshall be provided will be given the responsibility for: Pesign and implementation by May 1976' of an for test vendors by January 19715. A 16-hour training program on the use andinter- -ft-h(*iiir in-service training course for all teachers 2. pretation of biased instruments will be designedby and instructional staff whIch will provide them the Counseling department and providedfor all with. awareness, understanding, and action ideas staff members by May 1976. for reducing the effects of biased materials. The identification of supplementary materials for use inthe classroom and the development of Student Services and Policies teaching materials which can assist instructional 1 outlining its pol- 1 A statement of School District staff by May 19'76. icy of n'onrooperation with community groups that Provisions of assistance to sikool librarians and 'scriminate on the basis of race or sex shall be de- inthe identification of non- instructional, staff veloped and made available to community groups racist,non-sexistsupplementary materialsfor purchase throughout the 1975 -76 school year. by December 1975. 2 A statement of policy indicating therights of pregnant students to remain in their presentschool or Assignment of Schools and Student Groupings ,20 atteri'Grant School shall be developed and rif- culated, toalladministrative staff by November 1 Teaching supervisors will prepare guidelines on the -use of small group activities in theclassroom which 1975. of will br discussed with every teacher by January 3 A policy on schools' assistance in the selection students for honors or scholarships specified by race 1976 or sex will be developed and pvleavailable to all Administrative staff shall prepare guidelines on the 2 individuals and groups with requests for such as- assignment of students which will be discussed with sistance by January 1976. relevant staff by January1976. 4.A set of guidelines of uniform disciplinarypolicies Coeducational "survival': sources will be developed and' Student grievance procedures will bedeveloped and required for middle school and secondary school by January 1976. students as of January 1976. educationcourses,programsor 4.Allvocational IV. MONITORING, EVALIATING, ANDREPORTING schools will he open to students of both sexes by OF THE PLAN September 1975. Education program affirmative action is an ongoing proc- 5 CoUnseling staff wilt he directed t9 examine discriminatory practices which may limit the participa- ess which requires continuousmonitoring, evaluating, and Within the Dis- tion of youth in vocational programs by January modifying ifitis to have effective results. trict, ultimate responsibility for theimplementation of tile 1976.

43 46 Plan is assigned to the Superintendent of Schools. The Board cational Program Affirmative Action Plan and of Education shall be provided semi-annual to rec- reports of the ommend necessary changes in the progress of the Plan with recommendations for program. any neces- 6. To assure dissemination of information regarding sary modification. the District's Plan and its progress to all students,com- An Advisory Committee on Educational Program Affirma- munity groups, employees, andpersons, agencies and tive Action shall be named. This committeeshall require companies` doing business with the District. reOttisentation of theBoard of Education, school administra- 7. To draft for the Equal Employment tion,curriculum Opportunity Offi- supervisors,racialandethnicminority cer's approval an annual revision of the Educational groups, women, teachers, students.This committee shall Program Affirmative Action Plan. The revisionsshall meet at !exit quarterly to provide assistance to the Equal include: Education fficer in reviewing progress and preparingrec- Recommended objectives for the coming ommend ions for necessary modificat year. of the Plan. Revised implementation proceduresas required. A schoo district employee as Equal Education Specific actions that should be undertaken. Officer shareportto st e Equal Employment Opportunity Officer. This sition ienvisioned as a temporary position; Plan Evaluation responsibilities w ultimately be assumed by the Equal Employment Opportunity Officer.The responsibilitiesof The evaluation of the Educational ProgramAffirmative this position shall include: Action Plan will be the shared responsibility ofthe Board of I.To inform District employees and students of thelaw Education, the Superintendent, and the AdvisoryCommittee as specified by Federal and State, regulations foren- on Educational Program Affirmative Action. The procedures for evaluation shall include the following: forcement ofanti-discriminationlaws,theDistrict's Legal Counsel, and the provision of the Educational I.The collection of data from relevant departments. Each Program Affirmative Action Plan. department with responsibilities assigned by the Equal Education Officer shall prepare a semi-annual 2 To assist in the implementation and monitoring ofthe report goals and timetables established in the Plan; and for the Equal Education Officer whichincludes the to following: insure the continuing identification and elimination of An assessment of progress made toward other possible sources of discriminationor stereotyping.' fulfillment of assigned responsibilities. 3. To identify in writing to the Equal EmploymentOp- A listing of remaining problems. portunity Officer any policyor practice 'covering the 2.The Equal Education Officer s allprepare a com- treatment of students or delivery of educationalserv- posite report on the material 'Fled and other rele- ices that does not meet the requirements of theEdu- vant data for the Equal cational Program Affirmative Action Plan and ployment Officer.This to rec- report shall include recom en ommend specific actions to correct such practices. This Lions for future action and general observations o reportwill be submittedto progress of the Plan. the Superintendent of 3. Schools. The Equal Employment Opportunity Officershall prepare a final report for submission to the Superintendent 4. To coordinate under the supervision of theEqual' Em- of Schools. ployment Opportunity Officer and the Directorof 4.The SuperintAdent of Schools shall transmita final nurriculum the investigative and evaluativefunctions of the Plan. report to the Advisory Committee on Educational Pro- gram Affirmative Action for review and recommenda- 5. To make, with the Equal EmploymntOpportunity tions. Officer and Director of Curriculum, semi-annual re- 5 A final report incorporating thecomments of the Ad- ports to the Superintendents of Schools and Board of visory Committee shall he transmitted by the Superin- Education regarding the implementation 'of theEdu- tendent to the Board of Education for policy decisions.

44 Appendix C

.1 Employer's Checklist on Equal'Employrnent Opportunity

Effective Personnel management is acomple,/ and critical Yes NcP task for employers. The enactment of State and /Federal anti- 6 Have application forms been reviewed to discrimination laws has created the need for nelw procedures insuretheeliminationofdiscriminatory and practices to insure equal employment opportunity. The questions? following checklistis designed to assist admilnistrators and 7. Have guidelinesfor personnel Interviews personnel managers inconsidering the adequacy oftheir been prepared to insure nondiscriminatory present employment practices and procedureS in relation to questions and have staff members been equal employment opportunities. briefed on the rationale for these guide- ) lines? 8.Have criteria for the review of applications I. GENERALEMPLOYMENT POLICY to insure objective ratings of applicants in terms of the performance standards for the Yes No A. Policy Statements job been prepared and disseminatedto I Has th Board of Education or Trustees staff? considered the need to insure equal em- 9 Is' an applicant flow record which provides ploymern opportunity anddevelopeda documentation of applications, disposition statement to that effect? --r- of applicants and the reasons for the dis- taternents 2 Have the employment policy position actions maintained? been reviewed to insure compliance with 10.Arefiles maintained ofpotentialappli- State and Federal laws? cants and effective recruiting sources? 3 Are copies of the policy printed ,'and made available on request? B.Promotion and Training 4. Have guidelines or regulations been devel-

oped for internal staff to insure implemen- 1. Have job descriptions been developed on tationof equal employment Opportunity the basis of performance criteria? policies? 2. Has a plan for horizontal and vertical ca- 5 Have responsibilities for the implementation reer development been formulated? 'of EEO policies been delegated to appro- 3.Is regular in-service training and staff de- priate staff persons? velopment opportunity provided for em- 6 Have copies of these policies been dissemi- ployeesN nated to staff and discussed? 4.Do employees have opportunities for ca- 7 Have copies of the policies, been dissemi- reer counseling? nated to public groups with interest in the 5.Are records of an employee's performance school system? and training maintained? 6.Have criteria and procedures for employee II. PERSONNEL POLICIES evaluation been developed? Have seniority policies been reviewed to A. Recruitment and Selection 7. identify and eliminateprovisions which 1. Have written procedures for nondiscrimina- minority employees tory recruitment and selection been pre- discriminateagainst and women? pared? 2 Areallpersimswithresponsibilitiesfor 8.Has a review of promotion procedures and recruitmentandselectlIkfamiliarwith records been made to identify and eliminate these procAures? sources of discrimination against minority 1 Have efforts been made to identify and employees and women? maintain contact with nontraditionalre- cruitment sources that would assist in the C. Compensation and Fringe Benefits identification ofminority groupsand I.Has an analysis of compensation been made women? to insure that all positions requiring equal- Do recruiting methods (e.g., composition 4 ity of skill, effort, or responsibility under of recruiting and interviewing staff,use working' conditions are paid of media for announcements, etc.)reflect similar equally? active- effortstorecruitminoritiesand women? 2. Has a review of the average salaries of 5 Do, ecruitment announcements contain the minority employees and women been con- phrase that the employer is an equal op- ducted to insure equal pay for equal work? ____ portunity employer and use graphics that 3.Has a review of the patterns of special com- reflect the diversity of staff? pensation (e.g., in extra duty pay, aver-

45 48 Yes No Yes No tune pay, etc.) been made to insure fair- 3. Does the work force utilization analysisn- 9ess toallindividualsand ''groupsof clude analysis of the work force by salary, employees? by' unit, by race, by sex, and by race and 4 Areinsurance .''plans(health,life,and sex a(todeterinine utilization of minority travel) and benefits provided for allem- ployers equal and non-discriminatory? 4.Have appropriate staff been designated for 5 Are maternity leave policies handled in the the implementationofthe -Employment same manner asthose applying to other Affirmathe Action Plan? forms of temporary disabilities? 5. Have all staff with responsibilities for inter- Are retirement benefits for male and female viewing, hiring, and evaluating empinyees employees equal (equal benefits arid equal contributions) ? been provided information and guidance as to their responsibilities for equal employ- 7 Are opportunities for training and travel ment opportunities?

-provided to empinyees on an equal basis?_ . 6 Are copies of the affirmative action an made available toallemployees and in cr- Administration and Grievances est d citizens? I.Has areviewof employee assignments 7 Hav prncedures been made forcitizen been conductedtoinsure nondiscrimina- review tethe plan and do these procedures tory assignment of staff? include representation of ethnic and cul- 2 Do employees have adequatestructures tural minorities and wnmen? and procedures for the articulation and Have procedures for regular updating of ram

0 . 4 9 46 Appendik D

GM' lines for Evaluating an Employment Affirmative Action Plan

Does the Affirmati e Action Plan contain the following for identifyilg and eliminating major sources of bias and fise major elements discrimination as: A statement ofolicy and purpose A job analysis to establish A work force u ilization analysis Consistency of job descriptions across all orga- Procedures for a amination and modification of cur- nizational units or departments v.rit policies 'and praotires Realistic performance criteria for job evaluation Ase( !ion cstablihing numerical goals and time. A review of recruitment and selection procedures to tables develop Specification ofm\oniK:ingand evaluation proce- Rosters of recruitment source particularly rep- dures resentative of qualified Minorities and women Affirmative and nondiscriminatory notices and Does the polio y and purpose element include the follow- advertising of employment opportunities ing sptcificatmls: , Recording systems adequate to permit identiii A statement of general intent fication of discriminatory practices or policies A specification of objectives which provide a frame- and evaluation of progress toward equal employ- work for understanding the plan ment opportunity References to relevant policies previously estatAiihed Application fortris which require only informa- by the agem y or institution tion related to job performance and are con- A designation of ultimate responsibility/accountabil- sistent for all positions within a job category ity for implementation of the plan Guidelines 'for personnel interviewsto insure ti Does the work force utilization analysis element include thatallquestions asked are relevanttojob- the following statistical demographic ,data: related information and that no questions are A listing of each job classification (including super- asked of members of one racial or ethnic group s isory and managerial jobs) as it appears in appli- or sex which are not asked of all applicants cablecollectivebargaining agreements orpayroll A salaryschedule which isconsistent with records comparable job classifications A ranking of positions from the lowest paid to the Nepotism policies which do not discriminate on highest paid within each unit or department, in- the basis of sex cluding supervisors of units or departments Modifications of any provisions of the collective 0 Wage rates or salary ranges for each job classifica- bargaining agreement which may he inconsist tion ent with ,these revised procedures Total numbers of incumbents for each job classifica- An examination of hiring procedures and the pro- tion by sex vision for: Total numbers of incumbents for each job classifica- The review' of applications, referrals, handling tion by sex and minority statusfor' each of (our of applications, and hiring patterns of a person categories with a central responsibility for affirmative ac- Blacks tion Spanish-Surnamed The recording of failures to hire persons in the Nativet.Americans affected group and the documentation of rea- --Asians sons for such failures in order to document good Criteriafor determining the representation ofaf- faith intent fectedclasses in the work force which would signify Areview and modification of promotion and up.-.% adequate utilization of these groupsThese would grading practices and policies based upon:. be based on: The promotion records of men, women, and Delineation of tali(' job related requirements minorities of both sexes in each employee classi- Statisticalinformation ontheavailabilityof fication and unit member; elf affected groups with relevant skills, The identification of employees who hold posi- (the relevant potential labor-pool) tions is that undertuilize their abilities or creden- Information regarding the promotion and trans- tials fer eligibilits and availability of present staff identification of harriers to the upgrading Consideration of emplvver capabilitytopro- of women and minority employees and specifi- vide training resources for staff development cation of steps to overcome these harriers Statistical information on applicant flow or the The development of career latices facilitating percirmagesofqualified. jobappli( ants from vertical and lateral movement ol'employees affected classes Examination ofthe assignments of staff and the

4 Does the' element concerning modification of present pro- revision of policy or practice to ensure: cedures and practices establish such systematic processes Equity in assignment to all organizational units

47 5U --Equity in the assignment of paying andnonpay- Standards are the same for all employees ing extra duty Seniorityor bumping provisions whichper- Equity in assignment of overtime duties petuate discrimination are identified and modi- --Equity in access to special events and training fied programs Renegotiation of any provisions of collective bargain- 5.Do the numerical goals and timetables of the planre- ing agreements which are found to be inconsistent flect the following: with EEO policy. -Tnese mignt include provisions Accurate analy of work force utilization relating to: Timetable.eviloppd from projected turnover rates --Seniority and bumping and employment needs -Promotion Utiflatiop,considered by unit and departmentsat -T-Hiring well as for the total work force of an employer --Rates of compensation Long range utilization goals The development of grievance proceduresto insure Intermediate annual targets just handling of complaints related to the Plan, in- Goals which are measurable, attainable, and related cluding those relatingtohiring, promotion, and to 'specific timetables training. 6 Does the monitoring and evaluation elementinclude A review of fringe benefit packages toensure the specifications which insure the following: provision of equal benefits toall employees. This Designation of responsible persons with sufficientau- include; equity in the following benefits: thority to implement the plans and procedures for Medical monitoring, evaluating, and reporting Hospital The development and communication of clear guide- Accident and lifei urance lines for staff responsible for recruiting, hiring, inter- Retirement (contutions and periodic pay- viewing, etc., and provisions for training these staff ments) members of the implications of these guidelines for Leave their job performance The development of pregnancy and maternitypoli- Maintenance of applicant flow records which identify cies which require that: the employment decision-maker and provide signifi- --Time to cease work or return to workmust be cant data concerning the applicant and disposition determined on an individual basis of the application Pregnancy, miscarriages,abortion,childbirth, Development of procedures for semi-annual progress and recovery are, for job-relatedpurposes, "tern reports and yearly review of the Plan. porary disabilities" and are to be treated Yearly modification of Plan to reflect progress other temporary disabilities achieved, and new problems identified ---The child rearing leave which is availab }Eto Provisions are made for dissemination of prog- females is also available to males ress reports and evaluations to policy makers, all The review of layoff, recall, discharge, anddemotion employees and interested members or groups of policies to ensure that: the community

51 48 Appendix E

Guideljnes for Evaluating an Educational Program Affirmative Action Plan

Program affirmative action may be defined as action taken, Inequities in student policies, concerning discipline, first,toidentify and remedy sources of discriminationin student government, student pregnancies, etc. school programs, and second, to develop policies and pro- Inequity in participation in extraA:urrieular activi- cedures for the prevention of such discrimination in school tn-s, honors societies, sc'holarship programs, etc. programs 4 Do the goals, time lines, and statements of objectives

1. Does the ProgramAffirmative Action Plan include the include the following: Specificcorrectiveactiontoeliminateidentified following major elements: , A statement of policy and purposes sources of discrimination Specification of procedures and for analysis and mod- Specific statements of objectives, goals, and time ih( ation of educational programs lines by which the implementation of corrective ac- A statement of goals and objectives which include tions may be evaluated timelines for their achievement Specific intermediate target Foals, and long range Delineation of evaluating, monitoring, and reporting goals which are measurable and attainable procedures Specific time lines which are realistic and attainable for achieving corrective actions 2 Does the policy statement outline the following: The nondiscriminatory intent of the district or in- 5 Do the evaluating, monitoring, and reporting procedures stitution with references to earlier relevant policy reflect the following: Appointment of a Committee on Educational Pro- actions - gram Affirmative Action A statement of purposes and objectives which can Designation of responsible persons with authority to summarize and provide a frame of referencefor implement the plans and procedures for monitoring, considering the Plan evaluating,' and reporting progress Does the section on education program analysis and mod- Requirements and timelinessfor the development ification include consideration cirthe following possible and communication of guidelines to staff responsible sources of discrimination or stereotyping for, identifying, impVmenting, monitoring, and eval- Existence Of bias in textbooks and instructional ma- uating corrective actions and the provision of train- terials ing for all sOch staff regarding the implications of Ref-1r( lion of racial or sex role bias or stereotypes in -thsolan for their job performance r. ilie behavior of a hool personnel Reqllrements for the maintenance- of records which Sksiiimatic inequity in the assignment of students. identify the program decision-maiers and significant data concerning the correcting actions and the de- staff, spec ial resources to particular schools rather grees of progress in achieving corrective actions than alls( h(101% Sprcia( ations of,prncedures for semi-annual progress Existence of sex segregation in such coursevas mathe- reports and yearly reviews of the rilan, with provi- Matit s,science, socattonal education, ori/nextra- sions for: curri, ular actikities, nr classroom groupings Yearly modificatiOn of the Plan to reflect the Inequities in.allorationc of resources, farldities, equip- progress achieved and new sources of discrimi- ment, time. and nurnher of a( tikities in physical edu- nation identified.. *ion and (ompetitive sports Dissemination of progrest reports and evalua- equitiesin student services or practices such as tions to all interested staff* students, and com- «muscling and testing and health services munity members

49 Appendix F

Office of Federal Contract Cikmpliance Regional Offices

Boston Regional Office FOB & U.S. Court House Associate Assistant Regional Director OFCC/ESA Dallas, Texas 75202 U.S. Department of Labor Telephone: 214/749-1134 JFK Bldg., Room 1612-C Government Center Kansas City Regional Office Boston, Massachusetts 02203 Associate Assistant Regional irector, OFCC/ESA Telephone: 617/223-4232 U.S. Department of Labbr Federal Office Bldg. Room 00 New York Regional Office 911 Walnut Street Associate Assistant Regional Director, OFCC/ESA Kansas City, Missouri 64106 U.S. Department of Labor Telephone:816/374-5384 - 1515 Broadway- -Room 3306 New York, New York 10036 Denver Regional Office Telephone: 212/971-5563 Associate Assistant Regional Director, OF6C/ESA 15412 Federal Office Building Philadelphia Regional Office, 1961 Stout Street Associate Assistant Regional Director, OFCC/ESA Denver, Colorado 80202 U.S. Department of Labor Telephone: 303/937-4978 Gateway Building- ,Roorn 15434 3535 Market Street San Francisco Regional Offiic Philadelphia, Pennsylvania 19104 Associate Assistant Regional Director, OFCC /RSA Telephone:215/597-1213/16 U.S. Department of Labor Federal BuildingRoom 10341 Atlanta Region Office 450 Golden Gate Avenue Associate Assistant Regional Director, OFCC /ESA San Francisco, California 94102 U.S Department of Labor telephone:415/556-3597 1371 .Peachtree St., NE- Room 720 Atlanta, Georgia 30309 n Francisco Ares Office Telephone: 404/526-4211 F; ual Opportu y Specialist, ()FCC .1 S.I) mnt of Labor Chicago gegional Office Phr rn BuildingRoom 409 Associate Assistant Regtonal Director, OFCC /ESA 760. Market Street c-N U.S. Department of Labor San Francisco, California 94102 854 Everett M. Dirkseh Telephone: 415/556-6017 219 South Dearborn Street' Chicago, Illinois 606.04 Los Angeles Area Office. Telephone: 312/353.7622 Equal Opportunity Specialist, OFCC 1. S Department of Labor Cleveland Area. Office Federal BuildingRoom 4345 Equal Opportunity Specia10, OFCC ion North Los A ngules Stre U.S Department of Labor Los Angeles, California 90012 803 Federal Building Ielephone: 211/668-4961 1240 East Ninth' Street Cleveland, Ohio 44199 Seattle Regional Office Telephone: 216/522-3882 Assoc late .Assistant Regional Director, OFCC/ESA S Department of Labor Dallas Regional Office 1911 Smith-Tower Associ to Assistant Regional Dire( tor, 017/ESA "utti Second As enuc * S epartment of Labor SeattleWashington 98104 1100 ( °ironer( e Street ROOM 13-F-12 Telephone 206/4.12-4508

.50 53 c.? 'Appendix G

qua.1 Empthyrnent Opportunity Commission Regional Offices

OFFICES STATES

ATLANTA RF:,GIONAL OFFICE ( anal f;eorgiaKentm kv, North Citizens Trust Building Carolina\11,sissipiii, South (:asrAina, Tennessee Suite 1150 75 Piedmont Avenue, N E Atlanta, (;eorgi ltr103 (404) 126-699.1 H :AGO REGIONAL -OFFICE IllinoisIndiana,Michigan, Minnesota, Ohio, Wise9nsin 600 South Michigan Ave ,Rill611 Chicago, Illinois60605 (112) 151-1221, D ALL \S REGION.NI, OFFICE Arkansas, Louisiana, Ness Mexico, Oklahoma, Texas 1100 Commerce St ,Rrn 5A 4 Dallas. ...1...vicas 75202 '214) 749 1841

KANS \S Y REGIONAL OFFICE a K.insas\1isyuult. Nelirav,ka

601 E12th St , Rtn. 113 Kansas (uv, Missouri 64106 18161 374 2781 NEW YORK REGIONAL OFFICE. Comic( ticut, Maine. Ma.ssac usetts, New Hampshire. New Federal °Hi«. Building 'Jersey, Ness York, Puerto R. r,, Rhode Island, Vermont Room 411on mFederal Plaza Ness York. Ness York 10007 ( 212) 264-3640 .41111.11)El.P1111 REGION NI. OFFICE. Delasarr.Ihstrir tof Columbi Marylanc j..aarnsy Virginia, West Virginia AR JefTe!son Budding . Int "J'Llle,tniit Street Philad, 'Oita. Pennsylvania 1910] 59.7-7784 SAN FR \NC ISCO REGINAI. OFFICE Alaska, Arizona. California, Colorado, Guaki,'Ilawai, Idaho, Montana. NevadaNorthDaltota,, Oregon, Samoa, South 'Sept Monigorm ry St . Suite 740 Sari Franiis, Californiat94104 Dakota, Utah, Wake Island, WaShington, -Wyoming (41`)) 556-6775

'54 Appeildix H

,Office f Civil. Rights, H.E.W. Regiohat Offices

Requests' foradditional, information. regardingtheI-Prn-W, 'Chicago, Illinois 60606 11,rights «unplian«. program ma, hi' du,. red to the Office ,. (312)3053-7742 for': (:nil Right. 'in ashingion, D Cortothe Regional Ofh. e wising sour -State. Region VI °Arkant:as.,houisiana, New Mexico, 0.1V lionia. Texas) : 1114 Commerce Street 'MEW REGIONAL. OFFICES. FOR Dallas,Texas, 75202 RIGtirs (214) 749-3301 Region (:,.one, tic ut. 'Massachusetts,Ness / lianipslige. Rhode Island. Voirmint) : RegionVII lossa,Kans'as, Missouri, Nebraska) : ILK!) General Building' Federal Building Boffin( h Place ,601 East 12th Street .., Bosgon. Massachusetts '021014 Kansas' City. Missoilri 64106 (617) 223-6397 1816)3-74 -3667 Re gion II. K.... Jersey, Ness York,tierto Rico, Vir- Region VIII Colorado. Montana, NorthDakota, South gin Islands) : , Dakota, Utah, Wyoming) 26 Federal Plaza. Federal Buildihg Ness Yo.rk. Ness York 10007 1961 Stout-Street 264:4633 Denver. Colorado 80202 (303) 837.4345 :Region--III Dela.. are.rig., Maryland. Pennsylvania -Virginia. West Virginia) ' ,,Re,gion IX Arizona.California,}lass aii, Nevada) : ,- Gatcvsay Building Phelan Building 36th and Ma'rket Streets' 760 Market Street Post Office Box 13716 Sari Francisco. California 9410W Philadelphia, Pennsylvania 1910-I a 415) 556-8586 , , 215)' 597;677,2 Region X ( Alaska, Idaho. Oregon, Washington): -Region IV Alabama, F(or-ida, Ge'orgia, Kentucky, Mis- 608 Aircade Bldg. M/S 616 sissippi.NorthCarolina,SouthCarolina, ,1321 Second Avenue 'Tennessee) : , Seattle, Washington 98101 50 Seventh Street, N.E. i'206) 442.0473 'Atlanta, Georgia 30323 r' '(404) .526-3312 . U.S . DEPARTMENT OF Region. V / Illinois. Indiana,Minnesota,Michigan', HEALTH, EDUCATION, AND WELFARE Ohio, Wisconsin): Office for Civil Rights 309 West Jackson Boulevard Washington, D.C. 20201(202) 245-7320

ti 4 a 4 1- 'C.

52 AppendixI

Efe condor/ Staff I nformation (E EP-5)

... EQUAL EMPLOYMENT OPPORTUNITY OMMISSICA. PORM APPROVED Iv GAO t054, OW0411 , EXPIRES 1231711

ELEMENTARY-SECONDARY STAFF INFO TION (EEO -5) Th.s.s o mot thquirernnt of Om. EEOC and Officiofor CivilTrIghti and the National. COPT*/ Pubii/ school systems (Schools andAno es) Tor Educcition Statistics ofthe Deponrnwit of HoolthEdurcitoon. and Welforc

....

s N..., SEND COMPLETED COPIES OF THIS FORM TO YOUR DISTRICT , N E Instructions. forfilth,. ire sown ,iiiihr. tnitost,tIthoklet Addroonal cothes SUPERINTENDENT FOP TRANSMITTAL TO WASKINGTON BV THE this forth mss be ithrsinell from ioar ,Imckl turKrovethiKot FILING DEADLINE

' TYPE OF REPORTLiINDIVICIUAL SCHOOL [.] ANNEX .

.. PART I. IDENTIFICATION ,,

A. TYPE OF AGENCY WHICH OPERA-TES THE REPORTING SCHOOL SYSTEM OR SCHOOL I , . to,,,, pbrk School System Stole Educotion Agency Spcsoi or Regional Agency Otilor 'Spec .10-

I SCHOOL SYSTEM IDENTIFICATION (SKIP IF SAME AS LABEL) NAME 1. -.. STREET AND NO gR POST OFFICE BO% CITY 'MAW COUNTY STATE ZIP

C. SCHOOL INFORMATION . 1. IDENTILEICATION NAME . . .. li ' STREET AND NO OR POST OFFICE PDX CITY/TOWN COUNTY STATE ZIP , N .

2. GRADES OFFERED (PLACE AN "X" UNpER EACHGotAprbFFEREDIN THIS -WOOL) 4 OCTOBER 1ST s( . Sped& P.., K ENROLLMENT wK ' . 7 7 1 5 6 7 E 9 II 11 Ungroded Education ' -i., 3 INFORMATION ABOUT PRINCIPAL (CHECK AS APPROPRIATE) o . . .

IS A PRIN(IPAI ASSINED TO THIS SC HOO(L?...0 YES NO SEX (

tF YES ° FULL TIME PART TIME v MALE MORRO

IF suit TIME DOES THE PRINCIPAL RACE/ETHNIC IDENTITY (CHECK ONE) HAVE A TEACHING A.SIGNMENE, (NOT OF (NOT OF / HISPANIC HISPANIC WHITE ORIGIN) 0,BLACK ORIGIN) 0 HISPANIC

ASIAN OR AMERICAN YES 0 NONO, ri INDIAN OR 0 PI:LCAIPT&R '-' ALASKAN NATIVE

.. , . .

. (1.

EEOC TrIRM / 168E PREVIOUS EDITIONS PAGE MAO TS ARE OBSOLETE HEW -offia FOR CIVIL VOWS-PO COPY

53 PART II.STAFF STATISTICS AS OF DO NOT INCLUDE. ELKTEDIAPPOINTED OFFICIALS (SEE DEFINITION IN APPENDIX) 9-AW SCHOOL NPR* SCHOOt 10 IV

STAFF TOTALS

OVERALL 'MALE FEMALE ACTIVITY TOTALS 1 ,.. ASSIGNMENT 1SUM OF --.1 ! 6 'i T CLASSIFICATION 7 COI a AL z '1 ii ligr17)1.1(1.7 z;5 ''''z S5 ...,r !-'11 4.,:.ode..: tic? '6-ii2" VI 5

1 .41076 . :Sol i7,_I:1 16, ;']C` I Pig C I 0 E F G, ti A.FULL TIME STAFF OtatItts. AoHnIs 1- -1.- --i 1 Hwn. PAsoHen

2 PrIstIpH 1 L_ --1. I I 6 , AssIst:crz,

''A T I I I' -4.--..- -,- Assatatt PrInel 1- -L A + pHs, Nenteschin I '1 + ,. ___,... __4 5 PHIRAIers-lets- . r 4- non Talthen 1 kcetyhtss

* Other Clew non Towhees S 4 4- $' 0VMM* 1 1 . 1 1 4- I 1 I- 4 ritialiMi 4- .i. t -4- ' S V"'"'LAWISYld 11:111'11. 1 .1-- _.- --4-- --I- -i- 11 CHoltents I Supet 1 ',___ Owl of IpstroctIon /- 2 Oftlef 117191- Stel

IR TacHr

I1%AHN..

CHAIR/Sot ralortel StAff

16 knits Wtdowt

17 SAWN Crafts

I E Wenn. UnskIlel

19 TOTAL 4., B.PART-TIMESTAFF PrOoss19.1 Intrutlem4 f 7

21 MI 011H

22 TOTAL 110-211 C. NEW HIRES(7/1/75-'110/1/7S) H 23 ITItnithil4.""MHgen --I- Ppri6c.141,s/ATTI

2S Gastr Tsthen

Otlw P time St9i1 . 1 -4- ,-4 . NoHfst1.11 4 Snit

20 TOTAL111271 T--- .__ 2,,_ _._ ...... i I ' ' I CERTIFICATION;I certify that the information given in this report ft correct and pm, to this bestofmy knowledge and was pre'. pared in accordance with accompanying instructions.Willfully false statements on this report are punishable by law, U.S. Code, Title IS, Section 1001 Ihono Il.r..d. .2 Coda of person 11970.1* for110,,

EEOC FORM I NIB PREVIOUS EDITIONS PAGE 1 MAO r5, ARE 01.40111E HEW OFFICE FOR CIVIL RIGHTS =4111 COPY

57 .54 Appendix 1

14, EEOC Comp-faint Form

(FOR AGENCY USE) COMPLAINT OF DISCRIMINATION IN THE FEDERAL GOVERNMENT BECAUSE OF RACE, COLOR, RELIGION, iE X. OR NATIONAL ORIGIN

IPlee Type or Print, 2

1 WHAT 15 Y OUR ,COMPL AiN#NTSI FULL NAME' 2. WRAT IS YOUR TELEPHONE NUMBER all INCLUDING AREA CODE IF YOU KNOW IT,

POU11 STREF T ODR ,FOR RD NUMBER OR PCAT OFFICE El0x,NUMBERi HO4E.PHONE

, V ,-- 0 - - YOUR CITY ST ATE ZIP CODE WORK PHONE.

1 I/ 1. WHICH FEDERAL OFFICE DO YOUBELIEVE DISCRIMINATED 4.ARE YOU NOW WORKING FOR THE FEDERAL GOVERNMENT' AGAINST YOU' /Prepare d rtepralettraplatn1 loan lot ch YES (ANSWER A, B, C AND 0 BELOW.I 0/b, e whi, h rr, bellev ri, rtmtnaledfreatnel you 1 t , NO (CONTINUE WITH QUESTION 5.1

----.-A,.NAME OF (41FEte E WHICH YOUBELIEVE DiSLRIMJNATED. A. NAME OF AGENCY WHERE YOU WORK AG-AINST Yrtt2, a

R. STREET ADDRESS 0 OFFTCE B. STREET ADDRESS OF YOUR AGENCY

I 4 1 ''IT , ,TA'4 ZIP CODE C. CITY STATE ZIP CODE . .

L. NAME AND TIT( E ,3E Pt RSONTYOU BC...IL VE DISCRIMI. D. WHAT IS THE TITLEAND GRADE OF YOUR JOB'

NATE° G Ns, YOU )1 tot, Kamm) , tr

5 DATE ON WHP., (.405T 4 CHE) K BELOW WHY YOU BELIEVE YOU WERE DISCRIMINATEDAGAINST. BECALIPE OF YOUR RE/ ENT ALL 1010 DI Sr. RIMiNAT ION TOOK . 1 RACEIF SO SHOW YOUR RACE LiCOLOR IF SHOW YOUR COLOR PLLE so .. - (I RELIGION IF SO SHOW YOUR REL/IGION . LI NATIONAL ORIGIN IF SO. SHOW YOUR NATIONAL ORIGIN___ MON fa. ten. EAR ft 0 t .

t j St % IF so STATE YOUR SE. . _ I _...

I 1 xPi 1N Hue/YOURELIEVE YOU WERE DISCRIMINATED AGAINST !TREATED OIFFERENTL `I FROM OTHER EMPLOYEES Oli APPL1/ ANTS RE CAUSE OF YOUR RACE. COLOR. RELIGION, SEX. OR'HATIONAL ORIGIN. /You /nap l'onftnu Your lent...true. anotlir 'Peet of paper tl rea aced more *pmt f

A .

1u.I HAVE DISCUSSED MY COMPLAINT WITH AN EQUAL EMPLOYMENT IS 1111 NAME OF COUNSELOR , OPPORTUNITY COUNSELOR (See 1,1InJtItont1., YE 4' NO

9 HAT CORRiCTIvi ACTION ARE 101/SEEKING,

.., A '' .

,t/''

a 4

10,DATE OF THIS COMPLAINT II.51,14 YOUR IIOMPL INANT'S1 NAME HERE

14014TI, ' : .f.it.. . 11. 1

CSC FORM R94 SEE REVERSE SIDE. OF FORMFOR.INSTRUCTIONS. OEEEMOIZR1072 If --=-

55 FAD CAREFULLY

*This form should be used oils 11 you. as an applicant for Federal employment ora Federal employee, think You !Live been discriminated against because of race. color, religion4sex, or national origin by a FEDERAL agency and have presented the matte' lor informal resolution to an Eeitial Employment Opportunity Counselor within 30 calendar days of Itae date the incident occurred orrt a peisonnel action, within 30 calendar days of its eflective dale

"Your complaint must be lied within 15 ,aleridai days of the daft 01 y I mal interview with the Equal Employ men Opportunity Counselor11 the matter has riot been resolved io your satisfaction within 21 calendar days of your lust interview with the Eq'ual Emplo,ymant Opportunity Counselor and the final counseling interview has not been completed within that time, you' have a fighi (gide a complaint at any time therealterup to 15 days after the final interview

These lane limns may be extended if you show that you were not notified of thetime limits and were not otherwise aware 01 them, or that you were prevented by circumstances beyondyour conirol from submitting Ahe mattes within the time limits, or for other reasons considered sufficient by theagency.

* If you needhelp in the prepaytion of your complaint, you may contact the Equal ChiploymentOpportunity Officer or the Equal Employment Opportunity Counselor at the office where thealleged discrimination oc curled, or you may secure help from a repreientafive of yourchoice.

Your whiten complaint should be filed by you or by your designatedrepresentative with the Equal Employ merit Opportunity Officer where the alleged discrimination occurred, the head of the field installation,the agency's Director of EEO, Federal %Vol-lien's Program Coordinator,or other such officials as the agency may designalf for that purpose

" You may have a representative of your own choosing at all stages of the plotEccirig ofyour

* You swill have an opportunity to talk with an investigator andgive him all the facts which you believe show disci uninittion. The investigator will nil be under the jurisdiction of the tread of thatpart of the agency in which the alleged discrimination took place

Alter the investigation 01 your complaint has been completed, you will begiven a copy of the-investigative file and an attempt will he l'nade by the agency to adjust the matter

* II your complaint is not adnisted sat islac (only, you will be given an opportunity lorequest a hearing, which will he conducted by an independent Complaints Examiner ,:ertified by the Civ.1,,Service Commission.The hearing will he held a convenient time and place At the hearing, you may 'present witnesses and other evidence in your behalf

* The final decision tin writing) will he niadc,by the head of theagency or his designee. II a healing was held on your complaint, the head id the agency or his designee will review the decision recommended by the Complaints Ex, amino before making a final decision, and he will furnisli you with a transcript ol.the hearing, acopy of the find nits. analysis, and recount ;ended decision of the Complaints Examiner, and the agency's decision letter.

'11,you are not so ied with the final agency decision, you have tkii right to appeal that decision within 15 calendar days a r icceipI hr the,Roard of Appeals ands:Review of the U.S Civil Service Commission; Washington,. 20415 you may file a civil &Awn in an appropriate Federal District Court within 30 days of receipt of the agency's d nylon11 you'eleci to file an appeal with the Conimisskon, you may 51111I de a civil fiction III a deral District lot within 30 days 01 the Commision's decision it you are dissatisfied with the decision

* You .itsmay tile a ,ivil action in all appropriate Federal District Court if you hav'e not received a final agcy decisionthan Igt.) days pi filing sour complaint with the agency or it you have not receiveda final Conmossion decision inn 1110 days of tiling your appeal with the Commission's Board of ApPeals and Review o ASI OUT OF rtirs SILL VI

.56 '59

*U.S. GOVERNMENT PRINTING OFFICE: 1976 0-587-806