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Career and Technical Education Development Programs Administration


ItemDescription
Policy TitleCareer and Technical Education Development Programs Administration
Policy CategoryCareer and Technical Education (CTED)
Policy IDCTED-000
Policy Date1997-10-02


Formerly GCS-I-000

METHODS OF ADMINISTRATION
NORTH CAROLINA STATE BOARD OF EDUCATION
RALEIGH, NORTH CAROLINA 27601


REVIEW OF STATE POLICIES AND PROGRAMS

A. Conduct of the State Policy Review

For the purpose of reviewing policy, the Executive Committee of Workforce Development Education and the Civil Rights Consultant will function as a policy review committee. Membership of this committee will include the Head of Workforce Development Education, Workforce Development Education Section Chiefs, and the civil rights consultant as well as other staff.

1. Formulas for Distribution of Federal Funds in North Carolina

(a) How Formulas are Established

North Carolina Workforce Development/Vocational Education personnel are paid by several formulas. They are (a) the State Workforce Development/Vocational Education Formula, (b) the Federal Vocational Education Formula, (c) the General Public School Fund Formula, and (d) local formulas. The State Vocational Education (Workforce Development Education) Formula and the General Public School Fund Formula are established by state legislation and by the State Board of Education policy. The federal formula is established by the State Board of Education based upon federal vocational education guidelines. Local formulas are established by local boards of education. The two Vocational Education/Workforce Development Education formulas are found in the five-year and annual plans for Vocational/Workforce Development Education. The federal Vocational Education formula is developed and approved by the United States Department of Education.

(b) Review of Funding Formulas in North Carolina

The staff of Financial Services establishes formulas based upon state and federal guidelines for distribution of funds to local educational agencies (LEAs) and State Operated Programs (SOPs). Calculations are reviewed annually to insure that federal allocations supplement -- rather than supplant -- state efforts. Policies establishing the formula guidelines are reviewed by the staffs of Workforce Development Education and Financial Services, respectively, to insure that the formulas are nondiscriminatory.

(c) Uniform Tests of Funding Formulas

The North Carolina State Board of Education does not and will not intentionally discriminate for or against citizens on the basis of race, color, national origin, gender, disability, or proxies for these in funding formulas for vocational education --except as required by "provisions of the Vocational Education Amendments of 1976 designed to assist specified protected groups" (Federal Register, March 21, 1979, p. 17165).

2. Admissions to Vocational/Workforce Development Programs

(a) How Admissions Policies are Established

Local educational agencies in North Carolina have been given control over admissions to vocational/workforce development education programs by state law and by policy of the State Board of the State Board of Education. Public School Laws of North Carolina (Chapter 115-150) give local principals the authority to "grade and classify pupils" with respect to their readiness to enter the "comprehensive program of vocational education which shall be available to all students who desire it in the public secondary schools." Local educational agencies (LEAs) are required to provide assurances to the Department of Public Instruction in their annual plans that they do not discriminate on the basis of race, color, national origin, gender, or disability.

Local educational agencies are encouraged to observe "scope and sequence" guidelines, which have been approved by the State Board of Education, whenever enrolling students in instructional programs. Nevertheless, individual students are admitted on an elective basis. There are no provisions included in the "scope and sequence" guidelines which discriminate on the basis of race, color, national origin, gender, disability or proxies for these. The "scope and sequence" guidelines are designed to help ensure that students will have learned the prerequisites in early courses which are necessary to complete advanced courses successfully. Local education agencies may prepare students for enrollment in vocational/workforce development education through one or more of the following activities:

(1) Potential students are given descriptive material on all workforce development education programs which are available.

(2) Potential students participate in group counseling conducted by guidance personnel in which they explore all of the opportunities through workforce development education.

(3) Potential students participate in individual conferences with workforce development education teachers concerning course offerings, opportunities, and requirements.

(4) Potential students receive instruction during grades six through eight in career development education programs which are articulated with the secondary workforce development program.

(b) Review of Admissions Policy in North Carolina

The State Board of Education, with the aid of the State Attorney General's Office, will periodically review policies and procedures which have impact on local educational agencies' admission policies for vocational/workforce development education relative to Title VI, Title IX and Section 504.

3. State Approval of Requests from Local Educational Agencies

Local educational agencies submit two categories of workforce development education documents to the State Educational Agency for approval. The first category covers planning documents for programs. The second category covers construction requests that involve federal money which will be spent for workforce development facilities. Planning documents for programs are reviewed and approved by Workforce Development Education consultants. Application forms undergo constant evaluation and modification.

Construction plans are reviewed by the Division of School Planning within the State Educational Agency and by the State Superintendent's Review Panel for Facility Planning. When the Division of School Planning reviews local plans for construction or renovation they provide copies of these plans to the North Carolina Department of Insurance for their approval with respect to requirements for barrier-free design and other requirements. The Division also provides copies of plans for approval as appropriate to other agencies such as the North Carolina Department of Transportation and the Division of Plant Operation within the State Educational Agency. The Instructional Services Division, Workforce Development Education is involved in the review of plans for local vocational/workforce development facilities through the Division of School Planning.

B. Schedule of Policy Review

The State Board of Education, with the aid of the State Attorney General's Office and Policy Review Committee, completed the initial review of state policies and procedures under Section II(A) of the Guidelines for Eliminating Discrimination (Federal Register, March 21, 1979, p. 17164-17165). As per the MOA Guidelines, the results of this review were submitted to OCR in the biennial civil rights compliance report.

Staff will conduct subsequent reviews, as necessary, whenever there are significant changes in policies and procedures that could affect civil rights compliance. Such activities and changes will be reported in the biennial civil rights compliance report.

C. Review of State Operated Programs and Institutions

The State Board of Education does not operate any state workforce development education programs or institutions. Any future programs operated by the State Board of Education will be operated in accordance with all applicable federal legislation and with the entire Methods of Administration.

ENSURING COMPLIANCE BY SUBRECIPIENTS

I. WORKFORCE DEVELOPMENT/VOCATIONAL EDUCATION

A. Statement of Objectives

The State Board of Education will ensure that Subrecipients are complying with civil rights laws through (a) procedures for identifying existing discrimination by a combination of periodic reviews of information describing Subrecipients' operations as well as by first hand observation of Subrecipients' programs through on-site visits; (b) procedures for preventing discrimination through the provision of technical assistance to subrecipients; and (c) procedures for discussing voluntary corrective action with subrecipients found to be discriminating. All aspects of the compliance program will be open for inspection by the public to the extent permitted by state and federal laws.

The State Board of Education will ensure not only (a) that Subrecipients are not illegally discriminating against minority racial populations, ethnic populations, females, or the disabled but also (b) that Subrecipients are not illegally discriminating in reverse against the majority racial populations, males, or the non-disabled.

B. Identification of Violations by Subrecipients Through On-Site Reviews

Those Subrecipients which have a higher probability of potential compliance problems will be selected for on-site reviews. The Subrecipients having the greatest potential for civil rights noncompliance will be identified by the on-site targeting procedures. A minimum of 2.5% of those Subrecipients which appear to have a higher probability of potential compliance problems, based on the targeting procedures, will be annually selected for on-site reviews.

1. Number of Reviews Per Year

The number of on-site reviews will depend on the targeting procedures' criteria and data indicating the highest probability of compliance problems; therefore, the number may fluctuate from year to year. A minimum of 2.5% of all Subrecipients with potential compliance problems will be subjected to on-site reviews each year. No fewer than two and no more that 25 on-site reviews will be conducted including comprehensive reviews of larger Subrecipients.

2. Selection of Subrecipients for Review

The total Subrecipient universe will be included in the targeting procedures. Findings from the targeting procedures that will trigger an on-site review are as follows:

(a) Workforce Development/Vocational Education components of schools that enroll students of one race in substantially greater or lesser proportion than their representation in service areas.

(b) Workforce Development Education Components of schools that enroll students of one gender in substantially greater or lesser proportion than their representation in service areas.

(c) Workforce Development Education components of schools that enroll only a small percentage of disabled students.

(d) Workforce Development Education components of schools in which most of the programs have disproportionate numbers of one race, color, national origin, gender, or disability.

(e) Workforce Development Education components of schools in which enrollments in work study or cooperative education are exclusively or disproportionately of one race, color, national origin, gender, or in which a small proportion of disabled students are enrolled.

(f) Workforce Development Education components of schools or Workforce Education programs in which there are significant under representation or over representation of faculty or staff on the basis of race, color, national origin, gender, or disability.

(g) Workforce Development Education components of schools or Workforce Development programs in which there are significant or over representation of newly hired or newly promoted staff based on the availability of qualified individuals of different races, colors, national origins, gender, or disability status.

3. Conducting the Reviews

All criteria and data indicating compliance will be verified during the on-site review.

(a) Compliance Problems Indicated by the Targeting Criteria and Data -- Where data indicated disproportionate assignments, admissions, or enrollments of students as a function of race, color, national origin, gender, or disability, inquiry will be made by the State Educational Agency through examination of the Local Educational Agency's guidance procedures, counseling procedures, and applicant records to determine whether this is the result of illegal discrimination. Where the data indicate disproportionate assignments of faculty as a function of race, color, national origin, gender, or disability, inquiry will be made by the State Educational Agency through examination of the personnel selection procedures and record of the Local Educational Agency to determine whether this is the result of illegal discrimination. Where the data indicate disproportionate hiring or promotions based on the availability of qualified individuals of different races, colors, national origins, gender, or disability status, inquiry will be made by the State Educational Agency through examination of the personnel selection procedures and records of the Local Educational Agency to determine whether this is the result of illegal discrimination. Where the data indicate disproportionate per-pupil allocation of federal and state funds with respect to the proportion of minority students in workforce development programs, inquiry will be made by the State Educational Agency through examination of fiscal records of the Local Educational Agency to determine whether this is the result of illegal discrimination.

(b) Problem Areas Not Addressed in the Targeting Procedures -- There are some additional potential problems which will be studied during an on-site review. These potential problems will be covered, as appropriate, during on-site reviews:

<1> Discriminatory faculty assignments;

<2> Failure to provide facilities readily accessible to disabled persons;

<3> Failure to provide access for disabled students to programs;

<4> Procedures used for notifying the public of the Subrecipient's nondiscriminatory policies and practices;

<5> Numerical limitations for admission of students to Workforce Development Education Centers or programs;

<6> Criteria for admission to Workforce Development Education Centers and Workforce Development Education programs where admissions depends on, for example, past academic performance, records of disciplinary infractions, counselors' approval, teachers' recommendations, interest inventories, high school diplomas, or standardized tests;

<7> Relationship with other agencies providing training;

<8> Programs for students with limited English skills;

<9> Special provisions or programs for disabled students;

<10> Programs of financial assistance for students.

4. Notification of Subrecipients

Written notice that a Subrecipient will be subjected to an on-site review will be sent at least 30 days prior to the start of the review and will indicate the date on which the on-site review begins. Each subrecipient subjected to an on-site review will be notified at the conclusion of the review either that (a) no violations have been found along with <1> a reminder of the Subrecipient's continuing civil rights obligations, and <2> a statement to the effect that the Office for Civil Rights may still wish to review the Subrecipient; or (b) that violations have been found and the Subrecipient will be given an opportunity to discuss the violations with the State Educational Agency and to submit a plan to remedy the violations voluntarily.

5. Timetable

The on-site review process will take place in accordance with the following timetable:

(a) October/November: Written notification to Subrecipients selected for review.

(b) November through the end of March: Conduct on-site reviews and notification to Subrecipients of on-site review findings.

C. Use of Technical Assistance as a Means for Preventing Civil Rights Violations

The State Educational Agency has a technical assistance program that can offer information and help to Subrecipients that want (1) to examine their current programs or facilities for possible civil rights violations, or (2) to plan future programs and facilities which are free from discrimination. The technical assistance program will be refined and continually evaluated for effectiveness and efficiency.

1. Nature and Frequency of Notification of Technical Assistance

All Subrecipients will be notified through written communication concerning the availability of technical assistance. All Subrecipients will be informed at the beginning of each fiscal year through written notification of the availability of technical assistance.

2. Kinds of Assistance Available

The State Educational Agency will recommend the types of documentation Subrecipients need to (a) avoid illegal discrimination against minority races, minority ethnic groups, women, and the disabled, as well as to (b) avoid illegal reverse discrimination against the majority racial population, males, and the non-disabled. The State Educational Agency will provide advice on particular questions, overview of Subrecipients' total operations, dissemination of written materials from other states and the federal government, training sessions upon request, as well as other services.

3. Numbers of People Who Will be Assigned to Technical Assistance

The Civil Rights Consultant in Workforce Development Education will coordinate the compliance program. Other staff will be assigned to provide technical assistance as necessary. Technical assistance will be available to all Subrecipients in North Carolina.

D. Obtaining Voluntary Compliance

Any Subrecipient identified by an on-site review to be in violation of civil rights guidelines/federal legislation in any respect of its program must agree that it will take steps to eliminate the violations. Where violations cited in the letter of notification are minor and appear easy to correct, the Subrecipient will be allowed (a) to describe the corrective measures and their implementation in correspondence with the State Educational Agency and (b) to request approval from the State Educational Agency. However, if the violations are extensive or complex, the Subrecipient will have to agree to submit to the State Educational Agency a voluntary compliance plan that describes in detail the steps it will take to eliminate the violations and the timeframe for implementing them. Prior to submission to the voluntary compliance plan, the State Education Agency and the Subrecipient will agree to discuss the issues to be addressed in the plan, will concur on the measures to be taken, and will concur on the extent of technical assistance necessary. The Subrecipient will submit to the State Educational Agency within 90 days a voluntary compliance plan that describes the steps it will take to eliminate the violations and the timeframe for implementing them.

The role of the State Education Agency in securing voluntary compliance through discussions with Local Educational Agencies found to be in violation will be relatively benign. The Subrecipient will be given the opportunity to discuss the violations in correspondence and transcribed sessions with the Head of Workforce Development Education or his/her designee(s).

1. Development of the Voluntary Compliance Plan

The voluntary compliance plan will have at least the following components:

(a) An itemized statement of compliance problems by the State Agency;

(b) An itemized statement of corrective procedures to which the Subrecipient in question as well as the State Agency agree;

(c) A timetable for the accomplishment of the corrective procedures;

(d) A description of the monitoring procedures through which the State Educational Agency may be assured that the local agency in question will fulfill requirements of the compliance plan.

The timetable will require that Subrecipients submit compliance plans in an acceptable form for approval by the State Agency no more than ninety (90) days after the State Agency issues the notification of findings resulting from on-site review. Upon receipt of the Subrecipient's voluntary compliance plan, the State Agency will approve or disapprove the voluntary compliance plan. If the plan is not approved, the State Agency and the Subrecipient will discuss the issues to be addressed in the plan, the measures to be taken, and technical assistance necessary with the State Agency.

2. Notification to the Office for Civil Rights

The State Agency will report the details of finding(s) of noncompliance for each Subrecipient that fails to take corrective action to remedy violations found during compliance reviews. The State Agency will submit reports of noncompliance and a description of the efforts made to secure voluntary compliance directly to the Office for Civil Rights. The State Agency will submit these reports as soon as it determines that it cannot secure voluntary compliance, by no later than 90 days after it issues its on-site compliance review notification of findings if the Subrecipient refuses to submit a compliance plan. The State Agency will notify the Office for Civil Rights no later than 120 days after the State Agency issues its on-site compliance review notification of findings that the Subrecipient has submitted a plan that is inadequate, but is working in good faith with the State Agency to remedy the deficiencies in the plan.

II. REPORTING THE OFFICE FOR CIVIL RIGHTS

A. BIENNIAL REPORT TO OCR

On a biennial basis the State Educational Agency will submit a compliance report to the Office for Civil Rights. The biennial report will not contain MOA activities which include reviews of SOPs. The report will contain the following information:

1. The staff resources (in Full Time Equivalents <FTE> or person years) allocated by the State Agency to the MOA compliance program during each year of the reporting period.

2. The results of the review of new state policies and procedures set forth in the four areas cited in Section II(A) of the Guidelines, along with a description of the actions taken, if any, to correct any new policies and procedures found to be discriminatory.

3. A list of the Subrecipients and State Operated Programs (SOPs) for which the states conducted on-sites reviews.

4. A copy of each letter of findings issued pursuant to the reviews.

5. A copy of each voluntary compliance plan (VCP) that was received and accepted.

6. A list of all Subrecipients and SOP's that the state is monitoring pursuant to on-site reviews conducted in the previous year, along with a summary of the status of each outstanding or fully-implemented VCP.

7. A list of all Subrecipients and SOP universe in alphabetical order and the year in which the last on-site was conducted. Subrecipients and SOP's that are new from the previous report should be noted.

8. A list of the Subrecipient and SOP universe ranked by the state's selection criteria/targeting plan used for on-site selection.

B. Future Evaluations of the Methods of Administration (MOA)

The MOA program will be reviewed by the State Educational Agency at regular intervals to determine whether the procedures in force are working effectively and efficiently. Input will be obtained to insure a balanced perspective. Additional modifications by the State Educational Agency will be made as necessary and reported to the Office for Civil Rights for approval.

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