• Chancellor's Office Authority
• Outline of Elements of Review
• Background on Civil Rights Compliance and Postsecondary Education
• A Guide to Disability Rights Laws
• Required CCCCO OCR Compliance Activities
• California Community Colleges Compliance Review Process
• Selection Criteria for On-site Compliance Reviews
• On-site Review Components

The elements of the review are outlined in four major federal civil rights laws and their implementing regulations:

• Title VI of the Civil Rights Act of 1964 [(42 U.S.C. § 2000d and 28 C.F.R. 42.1010 et seq) and the implementation of departmental regulations (45 C.F.R Part 80)], which prohibits discrimination on the basis of race, color and national origin.
  
  
• Title IX of the Education Amendments of 1972 [(20 U.S.C § 1681 and 28 C.F.R. Part 106 et seq.)] which prohibits discrimination on the basis of gender.
  
  
• Section 504 of the Rehabilitation Act of 1973, [(29 U.S.C § 794 and 28 C.F.R. § 42.502 et seq)] which prohibits discrimination on the basis of disability.
  
  
• Section 508 of the Rehabilitation Act of 1973 as amended [(29 U.S.C. § 794d and 34 C.F.R Part 1194.1 et seq)]
  
  
• Code of Federal Regulations, Title 34 Subtitle B Pt. 104 {Department of Education, Office of Civil Rights}
  
  
• Title II of the Americans with Disability Act (ADA) of 1990, [(42 U.S.C. § 12132 and 28 C.F.R Part 106)] which prohibits discrimination on the basis of disability.
  

• California Community Colleges Civil Rights Compliance Review: Onsite Evaluation **Under Construction**
  
  
• OCR Sample Statements
  • Nondiscrimination for Financial Assistance Announcements
  • Nondiscrimination for Employment Announcements
  • Nondiscrimination for Labor Agreements/Contracts
  • Nondiscrimination for College Publications and Public Announcements
  • Nondiscrimination for Work Study/
    Cooperative Program Agreement
    
    
• 2004 Title IX Directive from the Office of Civil Rights
  

• Distance Education: Access Guidelines for Students with Disabilities
  
  
• Guidelines for Producing Instructional and Other Printed Materials in Alternate Media for Persons with Disabilities
  
  
• Model Policy and Procedures for Unlawful Discrimination and Sexual Harassment Filed Under Title 5 Section 53900 et seq.

In 1973, various civil rights advocacy groups sued the United States Department of Health, Education and Welfare (now the Department of Education) on behalf of a plaintiff, alleging that the federal government was not enforcing the federal civil rights laws in education.

In 1977, the Federal District Court of Washington, D.C. settled the case by issuing a consent decree, which required the federal Office for Civil Rights to prepare Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Vocational and Technical Programs. http://www.ed.gov/about/offices/list/ocr/docs/vocre.html

In July of 1979, the document was published in its final form and set forth the procedures and minimum requirements for state agencies regarding the development of civil rights compliance programs covering sub recipients (college, schools, state institutions, etc.) that provide vocational education and receive federal financial assistance. This document continues to remain in force.

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The federal Memorandum of Understanding (MOA) requires the Chancellor's Office to:

• Conduct an annual "desk review" of all eligible programs using available enrollment statistics and other information to identify areas of possible non-compliance.
• Conduct a comprehensive on-site review of at least 25% of the colleges (but no fewer than three and no more than 25) each year;
• Identify findings of noncompliance and work with the district officials to obtain a Voluntary Compliance Plan to remedy the findings;
• Conduct yearly review of Voluntary Compliance Plans for completion.
• Respond to and assist in resolution of civil rights compliance.
• Where possible, provide technical assistance to colleges in development and completion of the Voluntary Compliance Plan.
  

The California Community Colleges Compliance reviews are conducted annually. California community colleges are divided into four-year cycles with one cycle reviewed each year. These cycles were created in 1984 using size, geography, demographics, and other characteristics to balance each cycle.

1. Within a specific cycle, a subset of colleges are evaluated based upon statistical data, staffing, civil rights complaints, and any recent on-site visit.
2. A minimum of three colleges are selected for an on-site review based upon criteria established by the MOA.
   

The MOA criteria include but are not limited to:

• Date when last on-site review of sub-recipient was conducted.
  Pending litigation in federal or state courts because of alleged discrimination on the basis of race, color, national origin, sex, handicap, sexual harassment, and ADA.
• Subject of immediate or recent investigation or enforcement proceeding brought by the Office for Civil Rights.
  ·Knowledge of practices that raise potential civil rights compliance problems.
• Reports of possible noncompliance obtained from complaints or grievances filed by individuals or agencies;
• Reports from state civil rights agencies or state advisory committees that may raise questions about potential civil rights issues. Information or reports on sub-recipients from the Office for Civil Rights indicating that a compliance problem is and/or may become an issue;
• Information received from projects with special funding that a sub-recipient may be out of compliance and needs assistance.
  Data from enrollment reports that would indicate disproportionate enrollments by race, gender, and/or handicap;
• Program performance standards in federal vocational education laws and regulations that are not being followed;
• Size or complexity of the district/college including, but not limited to the number distribution of sites, types of student populations, mix geographic and demographic characteristics.
  

After the colleges have been selected and notified of the on-site review, a pre-review interview will be arranged to explain the on-site review process, respond to initial questions, and set up dates for the actual on-site review. A checklist of review elements is listed in the On-site Review Guide. An on-site review generally takes two and half days and will include:

• A review of documents.
• Interviews with instructors, counselors and selected student service personnel, faculty and students.
• Visits to selected satellite centers.
• An examination of program and facilities access.
• An exit interview, with appropriate college personnel, to review the finding.
• A written outline of the findings.