Frequently Asked Questions

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.

• 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).

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.

• 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.

• 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

• 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

• 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.

• 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

• The Equity Alliance at ASU 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.

1. The First Amendment says two things about religion, each in its own "clause." What are the two religious clauses of the First Amendment?
   The First Amendment contains two clauses about the Freedom of Religion. The first part is known as the Establishment Clause, and the second as the Free Exercise Clause. The Establishment Clause prohibits the government from passing laws that will establish an official religion or preferring one religion over another. The courts have interpreted the establishment clause to accomplish the separation of church and state. The Free Exercise Clause prohibits the government from interfering with a person's practice of his or her religion. However, religious actions and rituals can be limited by civil and federal laws. Religious freedom is an absolute right, and includes the right to practice any religion of one's choice, or no religion at all, and to do this without government control.
2. How are the Torah and the Old Testament of the Bible alike?
   The first five books of the OT and the Tanakh (Genesis, Exodus, Leviticus, Numbers, Deuteronomy) are called the Torah and are the central books to Judaism.
3. Name a sacred text of Hinduism.
   Bhagavad Gita, Bhagwad Gita, Srimad Bhagvadam, Vedas, Sanskirt Upanisha are all sacred texts of Hinduism.
   
4. What is the name of the holy book of Islam?
   The Quran is the book of Islam. The book could also be spelled Koran, Koraan, Kora'n, Kuran, Kuraan, Kura'n, Quraan, or Qura'n.This holy book was revealed by God to the Prophet Muhammad through the Angel Gabriel (Jibril). God Quran revelation started in year 610 Ad and continued until prophet Muhammad (peace upon him) death in year 632 AD.
5. According to the Bible, where was Jesus born?
   According to the Bible, Jesus was born in Bethlehem of Judea.
6. How does the concept of the Golden Rule transcend religious affiliation?
   Concepts about human improvement, love, respect for others, sharing other people's suffering, etc., are goals of most religions.
7. Name the Four Noble Truths of Buddhism.
   1. Life means suffering.
   2. The origin of suffering is attachment.
   3. The cessation of suffering is attainable.
   4. The path to the cessation of suffering.
8. What are the seven sacraments of Catholicism?
   The seven sacraments are ceremonies that point to what is sacred, significant and important for Christians, and include:
   1. Baptism
   2. Eucharist
   3. Reconciliation
   4. Confirmation
   5. Marriage
   6. Holy Orders
   7. and Anointing of the Sick.
9. Name the four Gospels.
   A gospel is a writing that describes the life, death, and resurrection of Jesus. The word is primarily used to refer to the four Canonical gospels: Matthew, Mark, Luke and John. Although, it is also used for non-canonical writings such as the Gospel of the Hebrews and the Gospel of Thomas. The term "gospel" sometimes also refers to the message itself of the four gospels or of the whole New Testament.
10. What is Ramadan? In what religion is it celebrated?
    Ramadan is the ninth month of the Islamic lunar calendar. Every day during this month, Muslims around the world spend the daylight hours fasting, reflecting, and focusing on self-purification.

Bullies are loners.
Research shows that bullies are not socially isolated, have an easy time making friends, have a small group of friends who support bullying behaviors.

Bullies have low self esteem.
Research shows that bullies have average or above average self-esteem, interventions that focus on building self esteem in bullies are not effective.

Bullies are looking for attention.
Bullies are looking for control, behavior will not stop even if they are ignored Most bullying happens off of school grounds: most bullying occurs in classrooms, hallways, and playgrounds.

Bullying affects only a small number of students.
Research shows that 25% of students are victims of bullying and 20% are engaged in bullying; bullying affects everyone involved, even bystanders.

How many school-aged English learners are there in the U.S?
Based on state-reported data, it is estimated that 5,318,164 English Learners (ELs) were enrolled in public schools (pre-K through Grade 12) for the 2007-2008 school year. This number represents approximately 10.7% of total public school student enrollment. Among the states, California enrolled the largest number of public school EL students, with 1,526,036, followed by Texas (701,799), Florida (234,934), New York (213,000), and Illinois (175,454). The outlying areas had the highest overall percentages of EL students, with the Commonwealth of the Northern Mariana Islands and the Marshall Islands identifying approximately 100% of their students as English Learners.

What is the truth about second language acquisition? Is it true that the more time students spend receiving English instruction, the faster they will learn it?
Students who receive some native language instruction achieve at higher levels in English than students who do not receive any native language instruction. Research has shown that it takes 2 to 3 years for new English learners to learn social language and it takes 5 to 7 years for them to learn academic language. In addition, researchers, just as August & Hakuta (1997) have shown that using and having a strong foundation in one's native language is more conducive to English learning.

What role does culture have when working, teaching and serving ELs with disabilities?
Schools that do not take into account the linguistic, cultural, and other background characteristics of English learners and simply adapt services that have been designed for English speakers "cannot provide effective special education services" for English learners (Baca, 2002). In classes where English Learners with special needs are successful, teachers draw heavily on student's prior knowledge, linking what students already know to what they need to learn.

What does the research say about best practices for English learners?

• Language must be comprehensible for it to be learned. Immersion is most effective when it is connected to known and purposeful English comprehension strategies (Krashen, 1996).
• Students' verbal skills will appear before true proficiency in academic content emerges (Hakuta, Butler, & Witt, 2000).
• The acquisition of academic English skills requires a period of five to seven years (Cummins, 1989).
• mmersion models that provide short-term language support to achieve proficiency is at odds with what we know to be true about the language acquisition process (Barrera, 2006).
• Simultaneous primary and second language instruction helps to increase new language comprehension, as students are able to make sense of contextual knowledge while they learn both new language and new content. (Ramirez et al., 1991).

Why Do Language Policies Matter?
As the U.S. population becomes more racially and ethnically diverse, schools in both urban and rural areas are experiencing changes in student demographics at a remarkable rate. Language policies that are being enacted in states and districts, determine the degree to which students will succeed in a global economy. We cannot afford to bank on English as the global language.

Culturally Responsive behavior supports are systemic prevention and intervention strategies for creating conditions in schools that promote student success.

Culturally Responsive behavior supports are structured to enhance the capacity of schools, families, and communities. Attention is focused on creating and sustaining school-wide, targeted group or simple individual plans that improve the academic, social, emotional and behavioral success of all students.

PBIS can be culturally responsive if school leaders intentionally

• include the perspectives of families which reflect their school and community demographics,
• are conscious of the conditions in school which perpetuate power and privilege to some while negating the experiences of others, and
• lead school personnel through a process of reflecting on their own attitudes and dispositions as they relate to student behavior.

Culturally Responsive Behavior supports can benefit all students.

Learning is culturally mediated, therefore all schools can use a culturally responsive approach to behavioral supports in order to support student learning. Urban, rural and suburban schools can benefit by thoughtfully implementing a culturally responsive approach to behavior supports. The major components fit into most any community:

1. Identify the expected behaviors,
2. Teach, model and practice what those behaviors look like, sound like, and feel like,
3. Specifically recognize appropriate behavior with or without private or public acknowledgement, and
4. Measure outcome data to determine successes and barriers to reaching the desired goals.

Family members participate in planning teams, learn how to teach their children to recognize demonstrations of injustice and respond in constructive ways; think critically about behavioral expectations and social interactions; recognize and take action when there is an imbalance of power.

Providing support to help students achieve their academic potential includes recognizing and investing in summer and out-of-school time learning. Providing equitable access to such programming is key to closing the achievement gap and supporting success for all students. However, disparities in access to summer and out-of-school supports are well-documented in many schools and communities, and emerging research suggests that, when opportunities are available, low-income families learn about and engage in these settings in different ways than middle and upper income families.

In order to maximize the chances for a strong return on investment in summer and out-of-school learning settings, all families need to be engaged and supported in reinforcing children's learning outside of school. By engaging families in the process of summer and out-of-school learning, it empowers them to take advantage of supports that help children learn and grow - including early childhood programs, museums, libraries, and other community-based activities and programs.

If we care about educational equity, we need to take summer and out-of-school time learning opportunities seriously. Research is increasingly clear that persistent achievement gaps between students from high-and low-income families are substantially linked with access to high-quality learning opportunities outside of school. Often, the students with financial resources are engaged in enriching learning opportunities in which others have little access. Other times, opportunities abound, but families are neither informed nor supported in helping their student gain access.

Participation in high-quality summer and out-of-school time learning programs is associated with several positive outcomes:

• Higher levels of academic achievement, including higher achievement test scores;
• A greater connection to school leading to less absences and tardiness;
• Improved rates of homework completion, and more engagement in learning; and
• Fewer risky activities among youth, including avoidance of drugs and alcohol.

Summer and out-of-school learning programs can be effective and are likely to have positive impacts when they engage students in learning activities that are hands-on, enjoyable, and have real-world applications. Successful programs should be guided by grade-level curricular standards and led by experienced teachers, but should not merely replicate the same teaching and learning patterns that students participated in throughout the typical school day/year (e.g., students receiving more of the same). Small group learning experiences with individual support offer the best learning opportunities.

Give the people what they want! Listening to and understanding needs of the students and community being served will help to guide the structure and success of summer and out-of-school time learning. Providing incentives such as food, prizes, field trips or financial support might also increase student participation; ask program participants for ideas, introduce incentives immediately after goals are reached, create community linkages, and use incentives carefully.

Difficult economic times can be the catalyst for innovative work and action. It is important to lay the ground work by making a case for why "this" type of program is necessary for the students in your area. A quality plan includes approaching district and community leaders with a clear explanation as to why the summer and out-of-school time is an essential component to ensuring the success of students.

Culturally responsive teachers and schools facilitate and support the achievement of all students. In a culturally responsive classroom, effective teaching and learning occur in a culturally supported, learner-centered context, whereby the strengths students bring to school are identified, nurtured, and utilized to promote student achievement.

The educational system is the institution that provides the physical and political structure for schools. To make the institution more culturally responsive, reforms must occur in at least three specific areas (Little, 1999): 1) The organization of the school, 2) school policies and procedures, and 3) community and family involvement.

As more and more students from diverse backgrounds populate 21st century classrooms, and efforts mount to identify effective methods to teach these students, the need for approaches that are culturally responsive intensifies. Today's classrooms require teachers to educate students varying in culture, language, abilities, and many other characteristics (Gollnick & Chinn, 2002). To meet this challenge, teachers must employ not only theoretically sound but also culturally responsive strategies. Teachers must create a classroom culture where all students, regardless of their cultural and linguistic background, are welcomed and supported and provided with the best opportunities to learn.

For many students, the kinds of behaviors required in school (e.g., sitting in one's seat and only speaking when called on) and types of discourse (e.g., "Class, what is the title of this book?") contrast with home cultural and linguistic practices. To increase student success, it is imperative that teachers help students bridge this discontinuity between home and school (Allen & Boykin, 1992).

Teacher self-reflection is an important part of the personal dimension. By honestly examining their attitudes and beliefs about themselves and others, teachers begin to discover why they are who they are, and can confront biases that have influenced their value system (Villegas & Lucas, 2002). Because teachers' values impact relationships with students and their families, teachers must reconcile negative feelings towards any cultural, language, or ethnic group. Often teachers are resistant to the notion that their values might reflect prejudices or even racism towards certain groups. When teachers are able to rid themselves of such biases, they help to create an atmosphere of trust and acceptance for students and their families, resulting in greater opportunity for student success.

Another important aspect of the personal dimension is exploration. It is crucial that teachers explore their personal histories and experiences, as well as the history and current experiences of their students and families. With knowledge comes understanding of self and others, and greater appreciation of differences. When teachers are unbiased in their instruction and knowledgeable about themselves and their students, they can better respond to the needs of all their students.

Villegas and Lucas (2002) encourage teacher educators to critically examine their programs and systematically interweave six salient characteristics throughout the coursework, learning experiences, and fieldwork of prospective teachers to better prepare culturally responsive teachers to work successfully in culturally and linguistically diverse classrooms. These are:

1. Socio-cultural consciousness,
2. An affirming attitude toward students from culturally diverse backgrounds,
3. Commitment and skills to act as agents of change,
4. Constructivist views of learning,
5. Learning about students, and
6. Culturally responsive teaching strategies.

School leadership teams should work collaboratively to deepen their understanding of culture, power, and privilege – and how these three arenas shape interactions, policies and programs throughout the school. Upon careful examination of multiple sources of data, school leadership teams should question the status quo and start asking "why" the conditions of the school are the way they are. Schools can work to promote equity and mutual respect among students and staff by modeling what respect is and isn't and having deliberate conversations about the various levels of respect identified throughout the school. In addition, schools should foster a positive interrelationship among students, their families, the community and the school. In so doing, respect is once again nurtured and there is a greater sense of belonging and empowerment. Finally, schools should attend to the motivational aspects of school. By challenging students to strive for excellence as defined by their potential, and encouraging students to become active participants in their learning, we are encouraging them to think critically and assisting them in becoming socially and politically conscious.