Frequently Asked Questions

1. What are Civil Rights?

2. How do civil rights relate specifically to equity in U.S. education?

3. What is Title IV of the Civil Rights Act of 1964?

4. How does the work of the Equity Alliance at ASU relate to Civil Rights?

5. What is disproportionality?

6. Why is disproportionality a problem?

7. How is disproportionality measured and monitored?

8. How should disproportionality be addressed?

9. How can the Equity Alliance at ASU help address disproportionality?

1. What are civil rights?

A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury. Examples of civil rights are freedom of speech, press, and assembly; the right to vote; freedom from involuntary servitude; and the right to equality in public places. Discrimination occurs when the civil rights of an individual are denied or interfered with because of their membership in a particular group or class. Statutes have been enacted to prevent discrimination based on a person's race, sex, religion, age, previous condition of servitude, physical limitation, national origin, and in some instances sexual orientation.

2. How do civil rights relate specifically to equity in U.S. education?

• The most prominent civil rights legislation passed since the reconstruction period (post-Civil War) in the United States is the Civil Rights Act of 1964. Discrimination based on "race, color, religion, or national origin" in public establishments that had a connection to interstate commerce or that was supported by the state is prohibited. The Civil Rights Act of 1964 and subsequent legislation also declared a strong legislative policy against discrimination in public schools and colleges which aided in desegregation.
• Other key civil rights legislation related to education include:
• Title IV of the Civil Rights Act calls for the desegregation of public schools and authorized the U.S. Attorney General to file suits to enforce desegregation
• Title VI of the Civil Rights Act prohibits discrimination on the grounds of race, color, or national origin in federally funded programs.
• Title IX of the Education Amendments of 1972, (which is now the Patsy T. Mink Equal Opportunity in Education Act in honor of its principal author) prohibits discrimination or denied benefits on the basis of sex under any education program or activity receiving Federal financial assistance. The most prominent public discussion and application of Title IX is focused on gender discrimination in high school and collegiate athletics, (although the original statute made no reference to athletics).

3. What is Title IV of the Civil Rights Act of 1964?

Title IV of the 1964 Civil Rights Act: Desegregation of Public Education

Title IV has ten sections: Sec. 410-410 Each section details the following areas:

• Sec. 401- Definitions used in the language of Title IV
• Sec. 402- Requirements for the U.S. Commissioner of Education in her/his survey and report to the President and to Congress, on the lack of educational opportunities in the United States for students by reason of race, color, religion, or national origin (segregation)
• Sec. 403- Description of the authority of the Commissioner to require technical assistance for any government unit in need of desegregation.
  
• Sec. 404- Description of the authority of the Commissioner to arrange through grants or contracts with institutes of higher education institutes which will assist government units with desegregation.
• Sec 405- Description of the authority of the Commissioner to provide grants to school boards to apply in districts to many of the costs associated with district staff receiving inservice training, and hiring desegregation expert consultants.
• Sec 406- Description of the way funds can be applied for grants and contracts for desegregation assistance.
• Sec. 407- Description of the ability of the Attorney General of the U.S. States, upon receiving a complaint of desegregation found to be of merit, to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards
  
• Sec. 408- 410- Description of the liability of the U.S to cover costs of actions and proceedings under Title IV.
• Sec. 409- Statement of the right of any person to sue in any court against discrimination in public education.
• Sec. 410- Statement that Title IV is not to be used to prohibit the classification and assignment of students in area beyond race, color, religion, or national origin.

4. How does the work of the Equity Alliance at ASU relate to Civil Rights?

• Like all the Equity Assistance Centers, the Equity Alliance at ASU is designed to serve as a resource support for the Civil Rights Act of 1964 in preventing discrimination, exclusion, or denial of opportunity on the basis of race, gender, or national origin through such discriminatory activities as inequitable opportunities to learn, harassment, segregation, and denial of language services. We will support the work of the (OCR) Compliance and Enforcement teams and the Department of Justice by providing scientifically-based, legally-sound TA to reinforce federal civil rights work including addressing Title IV issues and working with school districts that have achieved unitary status.
• The Equity Alliance at ASU provides technical assistance (TA) and training, at the request of school boards and other responsible governmental agencies for the preparation, adoption, and implementation of plans for the desegregation of public schools in Arizona, California, and Nevada. As defined by program guidelines, desegregation refers to equity - including desegregation based on race, sex, and national origin and the development of effective methods of coping with special educational problems occasioned by desegregation.
  
• The mission of the Equity Alliance at ASU is to promote equity, access, and participation in education through the following efforts: (1) Provide on-demand TA and professional development to increase the use of scientifically-based, culturally responsive curricula and instructional practices in classrooms, schools, and districts; (2) Build local coalitions between higher education, preK-12 systems, communities, and families to focus on systemic solutions to civil rights issues; and (3) Develop a virtual clearinghouse as a high quality learning and dissemination platform that connects expert knowledge to practitioners in the field in a variety of interactive and content-rich ways.

5. What is disproportionality?

• Disproportionate representation, or disproportionality, refers to comparisons between given population groups, often defined by race and ethnicity, but also defined by socioeconomic status, national origin, English proficiency, gender, and sexual orientation, who are identified for special education services.
• In some cases, the percentage of an ethnic or racial group identified for special education services may be less than the percentage represented in the population in general. In this case, the group may be described as disproportionately underrepresented.
• In other cases, a particular ethnic or racial group is represented in special education at a greater rate than the general population, and that group is said to be disproportionately overrepresented.
• For assistance in determining whether and how disproportionality is occurring in your district, see our Rubric for Looking at District Practice

6. Why is disproportionality a problem?

• For students who are culturally and linguistically diverse, misclassification as disabled and/or inappropriate placement in special education programs can have serious consequences. The problem is exacerbated when it results in a child's removal from the general education setting, the core curriculum, or both.
• Students faced with such exclusionary practices are more likely to encounter a limited curriculum, lower teacher expectations, and therefore, often experience poor post-school outcomes as evidenced by lack of participation in post-secondary education and limited employment opportunities.
• In some districts, the disproportionate representation of ethnic minority students in special education classes also results in significant racial separation. This situation raises concerns that unlawful racial segregation may be occurring, in violation of Title VI.
• For more information on the problematic nature of disproportionality, read our article Addressing the Disproportionate Representation of Culturally and Linguistically Students in Special Education through Culturally Responsive Educational Systems

7. How is disproportionality measured and monitored?

• Changes in Part B of the Individuals with Disabilities Education Act include a more extensive examination of disproportionality, including requirements of States to review the districts in the State to determine the extent to which the disproportionality of racial and ethnic groups in special education is the result of inappropriate identification (34 CFR §300.600(d)(3)). Failure to conduct this analysis is considered noncompliance with requirements of 34 CFR §300.600(d)(3). States must report annually on their State Performance Plan (SPP), which must include the State's findings regarding disproportionality in the LEAs resulting from inappropriate identification related to representation of racial and ethnic groups in special education and in specific disability categories.
• The Department of Education's Office of Civil Rights (OCR) conducts pro-active compliance reviews of disproportionate representation. OCR gathers information on the racial breakdown of general and special education enrollments in districts and states. If disparities occur in these data, OCR conducts statistical analyses to determine statistical significance in data disparities. OCR alerts districts if they have a disproportionate representation of minority students in special education. Cited districts must agree to work to remedy this disproportionate representation and OCR works with these districts to create an action plan. Some districts and state education offices take it upon themselves to determine whether they have an overrepresentation of minorities in their special education programs. These offices typically follow methods similar to those used by OCR.
• To find data on disproportionality by state and across all racial and ethnic groups, disability categories, and placement settings, go to www.urbanschools.org. Click on the Data maps tab on the red navigation bar at the top of the page.
• For more information, see our practitioner brief Disproportionate Representation of Culturally and Linguistically Diverse Students in Special Education: Measuring the Problem.

8. How should disproportionality be addressed?

• States must have in effect policies and procedures designed to prevent the inappropriate over-identification or disproportionate representation by race and ethnicity of children as children with disabilities.
• LEAs must provide for the review and revision (if appropriate) of policies, practices, and procedures to ensure compliance with requirements of IDEA;
• SEAs must require the LEA to reserve funds to be used for early intervening services; and to publicly report on the revision of policies, procedures, and practices.
• For assistance in planning and developing relevant professional learning efforts to address disproportionality, see our Technical Assistance and Professional Development Planning Guide

9. How can the Equity Alliance at ASU help address disproportionality?

• The Equity Alliance at ASU, through its work as the National Center for Culturally Responsive Educational Systems, and in its current capacity as the Equity Assistance for Region IX (Arizona, California, and Nevada) has worked closely with the U.S. Department of Education, it’s Office of Special Education Programs, and the Office of Civil Rights, in order to assist states, districts, and schools address and remedy disproportionality. Here are just a few of the ways we can help you:
• Compilation of comprehensive State Profiles including disproportionality analysis
• Engage regional clients, networks, and providers in peer-to-peer learning and inquiry to improve practice and results for social justice and equitable outcomes for all students.
• Provide personalized, context-driven, scientifically-based technical assistance and professional development at the request of responsible governmental agencies
• Content instruction and information
• Needs assessment and assets mapping
• Strategic planning for improvement
• See how we have applied technical assistance as a way to mediate professional learning that addresses disproportionate representation in the presentation Technical assistance as mediating structure: A cultural-historical cartography of minority placement in special education.
• Requests for technical assistance can be completed by clicking on Equity Assistance for School and School Districts, equityalliance@asu.edu or by calling us directly at 480-965-0391, or by emailing our Co-Director of Technical Assistance, Kathleen King, at kathleen.a.king@asu.edu.