The protections of Title IX of the Education Amendments of 1972 that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance," apply to students and employees in K-12 schools, as well as at institutions of higher education.
However, because of the legal designation and operating structure of charter schools in many states, there are instances in which Title IX compliance is falling through the cracks. It is important for K-12 charter school faculty and staff members to have a basic understanding of Title IX and knowledge of best practices.
Title IX requires that every local education association (typically a K-12 school district) receiving federal funds must designate at least one Title IX Coordinator. That individual must make sure district employees, students, and their parents are aware of who is serving as the Coordinator and what responsibilities are assigned to that role. The Coordinator should also educate employees, students, and their parents about the law's requirements, and their rights and responsibilities under Title IX. In a school district with many schools, the building principal is often designated as a Deputy Title IX Coordinator, bringing Title IX knowledge and responsibilities closer to the individual school level.
This system might work well for most public school districts, but there may be a problem for large districts with many charter schools. To clarify, charter schools are public schools that receive a charter from a state or local education agency to operate based on an innovative approach to education that is designed to yield better academic outcomes for students. To support this innovation, charter schools typically have more flexibility and are not always bound to the same rules as traditional public schools. For example, some states allow charter schools to have up to 25 percent of their teachers be uncertified, whereas all teachers in regular public schools must be certified. As public educational institutions, charter schools must comply with Title IX. However, in about 14 states, charter schools are classified as their own LEA, or Local Education Association, a group of schools with a charter school operator overseeing more than one school. I
n roughly 20 states, charter schools are considered to be their own LEA under certain circumstances, most of which concern whether the state or the local school district granted the charter. That means that the individual charter school or LEA must have its own Title IX Coordinator.
Unfortunately, this can create a scenario in which a charter school that is short on staff and finances may overlook its responsibilities under Title IX. Far too often, teachers in charter schools do not know who the Title IX Coordinator is, how Title IX applies to the students and employees in the K-12 environment, and their responsibilities as employees of that school. Yet, these same teachers are deeply committed to their students; want to ensure that students' issues of sexual harassment, discrimination, and violence are addressed and resolved; and want to know what their responsibilities are so as not to overlook them. Many charter school teachers with whom I have talked and who have taught for many years have not attended a single training session on Title IX as it relates to sexual harassment, violence, and discrimination at the K-12 level.
The following provide some basics on what K-12 charter school teachers need to know about Title IX that may be used to spark important conversations at the school level.
- Title IX covers a wide variety of actions and speech. These can include, for example, inappropriate touching, comments made in person or over the internet or social media, cyberbullying, and discriminating or harassing phrases such as "you're so gay" or the word "faggot," often said by students in elementary and secondary schools.
- Title IX prohibits local education associations from discriminating against pregnant students.
- Each LEA is required to designate a Title IX Coordinator who is knowledgeable of and trained in Title IX's requirements.
- LEAs must notify employees, students, and their parents of the name, title, email address, office address, and phone number of the Title IX Coordinator.
- Charter schools must disseminate a notice of nondiscrimination that references sex discrimination and Title IX.
- LEAs must establish and disseminate grievance procedures that provide for the prompt and equitable resolution of students' and employees' sex discrimination complaints under Title IX.
- The Title IX Coordinator must be informed of all complaints regarding sex discrimination, violence, and harassment under Title IX, even if complaints were initially filed with another employee or office.
- LEAs should provide regular training to employees about Title IX and their responsibilities under the law, as well as age appropriate training for students about Title IX.
- Training for parents should highlight grievance and disciplinary processes.
- Schools must investigate incidents of sexual violence of which they become aware. If an investigation shows that sexual violence created a hostile environment, the school must then take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and, remedy its effects.
|