Florida Regulations 6A-19.010: Strategies to Overcome Underrepresentation
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(1) Plans for Implementation. Each governing board within the state system of public education shall submit a three (3) year plan, in the format and on the date prescribed by the Commissioner of Education, to the Office of Equity and Access. Plans shall be designed to implement the Florida Educational Equity Act, Florida Statutes § 1000.05, and Rules 6A-19.001-.010, F.A.C., and shall be updated annually. The initial three year plan may include the program and employment analyses required by paragraphs 6A-19.010(1)(c), and (d), F.A.C., on a staggered schedule which shall provide for responsible and expeditious implementation. The staggered schedule and the programs, courses, services and activities to be analyzed and included for each of the first three years shall be prescribed by the Commissioner of Education. Priority shall be assigned, however, to mathematics, science, computer technology, electronics, communications technology, engineering, athletics and vocational education, as specified in Sections 1000.05(3) and (4), F.S. The plans need not be separate documents but may be portions of plans prepared by the governing board for other purposes, including current actions taken to implement judicial orders, if they contain at least the following information.
(a) Description of Plan Development. The plan shall identify, by title and organizational location, the persons involved in the development of the plan; a description of the participation of any advisory groups or persons; and the date of adoption of the plan by the governing board.
(b) Policy and Procedure Review. A description of the process used by the governing board to review policies and procedures used by the institutions under its jurisdiction to assure that all policies and procedures comply with the requirements of Florida Statutes § 1000.05, and Rules 6A-19.001-.010, F.A.C., and the conclusions reached.
1. The description of the review shall include a list of topic areas examined, which shall include, but not be limited to: student services, including counseling; financial assistance; student housing; accessibility and comparability of facilities in terms of sex and handicap; selection criteria for admission to the institution and program and course admission requirements by program area or discipline; criteria for participation in and funding of recreational, athletic, co-curricular and extracurricular activities; provision of auxiliary aids and services; transportation; employment policies and practices for staff and students including selection criteria for employment and methodology for providing reasonable accommodation.
2. The description of the review shall summarize conclusions, include plans for appropriate modifications with timelines, identify staff designated to coordinate the plan for modifications, and describe procedures for maintaining compliance with Florida Statutes § 1000.05, and Rules 6A-19.001-.010, F.A.C.
(c) Program Analyses. Implementation plans shall include a summary of the results of analyses of student participation in programs or disciplines. The plans shall identify those programs or disciplines which have disproportionate enrollment of students of a particular race, sex, handicap, or national origin minority having limited-English-language skills. The governing board shall specify the pool of potential students utilized in calculating disproportionate enrollment, as defined in subsection 6A-19.001(5), F.A.C., in each program or discipline. It is not expected that these analyses will be conducted at a course level unless the governing board determines that it is necessary for the development of strategies to overcome underrepresentation. The Commissioner of Education may designate selected programs, courses, services and activities for analysis.
1. For those programs or disciplines and those selected programs, courses, services or activities designated by the Commissioner of Education, which are found to have disproportionate enrollment, the institution shall develop and implement methods and strategies to increase the participation of students from those underrepresented groups.
2. The plans of implementation shall summarize the results of the analyses of student participation and identify the methods and strategies, including goals adopted by the governing board, and timetables for the implementation of those strategies to increase student participation.
(d) Employment Analyses. Implementation plans shall include a summary of the analyses of employment data by race and sex. Particular attention shall be given to employment patterns in mathematics, science, computer technology, electronics, communications technology, engineering, athletics and vocational education.
1. Plans for implementation shall summarize the results of the employment analyses and describe methods and strategies to increase employment of persons from underrepresented groups.
(e) The annual updates to the implementation plans shall include all modifications, additions, or deletions to the current three year plan for implementation and shall include an evaluation of each of the methods and strategies developed to increase student participation or employment of individuals from underrepresented groups.
(f) Regular Notification. The implementation plan shall include a copy of the policy of nondiscrimination adopted by the governing board and a description of the procedures utilized to regularly notify staff, students, applicants for employment and admission, parents, collective bargaining units and the general public of this policy.
(g) Equity Coordinator. The implementation plan shall identify the person(s), by name and title, designated to coordinate the institution’s compliance with Florida Statutes § 1000.05, and Rules 6A-19.001-.010, F.A.C. The identity of the Equity Coordinator shall be included in the regular notification of the policy of nondiscrimination.
(h) Grievance or Complaint Procedures. The implementation plan shall include a copy of the grievance or complaint procedures for use by students, applicants, and employees who allege discrimination.
1. Procedure(s) shall be available to all students and their parents, employees, and applicants for admission or employment.
2. Notification of these procedures shall be placed in prominent and common information sources.
3. Procedure(s) shall be designed to encourage prompt and equitable resolution of student, employee and applicant complaints but shall not prohibit individuals from seeking redress from other available sources.
(i) Plans and annual updates submitted by district school boards shall include all schools; vocational, adult and community education centers; vocational skills centers; and special education schools, centers or annexes operated by the board. The program analyses and employment analyses portions of the plan shall include school level and district level data.
(j) Plans and annual updates submitted by the Board of Regents shall include a plan for each university. Each university plan shall include all colleges, schools, campuses, annexes, centers, research centers and service centers operated under the authority or direction of the university.
(k) Plans and annual updates submitted by the community college boards of trustees shall include all departments, campuses, annexes and centers operated under the authority or direction of the board of trustees.
(l) The plan and annual updates submitted by the Board of Trustees of the Florida School for the Deaf and the Blind shall include all departments, units and schools operated under the jurisdiction of the Board of Trustees of the Florida School for the Deaf and the Blind.
(2) Periodic Reviews. The Office of Equity and Access of the Department of Education shall plan, coordinate and direct or conduct periodic reviews of public education institutions to determine compliance with Florida Statutes § 1000.05, and Rules 6A-19.001-.010, F.A.C.
(a) The Division of Public Schools, the Division of Applied Technology and Adult Education, the Division of Community Colleges and the Division of Universities shall submit to the Commissioner of Education through the Office of Equity and Access on September 1, 1985, procedures for including the appropriate provisions of Florida Statutes § 1000.05, in each of its regularly scheduled program review activities which shall be subject to approval by the Commissioner of Education. Any revisions or updates to those procedures shall be submitted to the Commissioner of Education for review prior to September 1 each year. Following each program review, a summary of all findings pertinent to determining compliance with Florida Statutes § 1000.05, shall be transmitted to the Commissioner of Education through the Office of Equity and Access.
(b) State Level Review. The Office of Equity and Access shall conduct a state level review of a sampling of the public educational entities, including school districts, community colleges, universities and the Florida School for the Deaf and the Blind.
(c) On-Site Review. The Office of Equity and Access shall conduct annual on-site reviews of a sampling of the public educational entities which participated in state level reviews during the previous twelve months under the provision of Fl. Admin. Code R. 6A-19.010(2)(b) Written notice of on-site reviews shall be provided to presidents and superintendents at least ten (10) working days prior to the review.
(3) Technical Assistance. The Department shall have responsibility for providing technical assistance for compliance with Florida Statutes § 1000.05 Technical assistance materials and services shall be provided to assist in the development, modification and monitoring of the plans for implementation described in Fl. Admin. Code R. 6A-19.010
(4) Studies of Effectiveness. The Office of Equity and Access shall analyze data and evaluation information to identify common elements of policies, practices, procedures and implementation strategies which contribute to, or present barriers to, the effectiveness of methods and strategies designed to increase participation of students in programs and courses in which students of a particular race, sex, national origin, marital status or handicap have been traditionally underrepresented. As common elements are identified, the Office of Equity and Access shall recommend studies to the Commissioner of Education for statewide evaluation and review.
Rulemaking Authority Florida Statutes § 1000.05(5), 1001.05(1) FS. Law Implemented 1000.05(3), (4), (6), 1001.02(1), 1004.65 FS. History-New 3-11-85, Formerly 6A-19.10.
Terms Used In Florida Regulations 6A-19.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) Policy and Procedure Review. A description of the process used by the governing board to review policies and procedures used by the institutions under its jurisdiction to assure that all policies and procedures comply with the requirements of Florida Statutes § 1000.05, and Rules 6A-19.001-.010, F.A.C., and the conclusions reached.
1. The description of the review shall include a list of topic areas examined, which shall include, but not be limited to: student services, including counseling; financial assistance; student housing; accessibility and comparability of facilities in terms of sex and handicap; selection criteria for admission to the institution and program and course admission requirements by program area or discipline; criteria for participation in and funding of recreational, athletic, co-curricular and extracurricular activities; provision of auxiliary aids and services; transportation; employment policies and practices for staff and students including selection criteria for employment and methodology for providing reasonable accommodation.
2. The description of the review shall summarize conclusions, include plans for appropriate modifications with timelines, identify staff designated to coordinate the plan for modifications, and describe procedures for maintaining compliance with Florida Statutes § 1000.05, and Rules 6A-19.001-.010, F.A.C.
(c) Program Analyses. Implementation plans shall include a summary of the results of analyses of student participation in programs or disciplines. The plans shall identify those programs or disciplines which have disproportionate enrollment of students of a particular race, sex, handicap, or national origin minority having limited-English-language skills. The governing board shall specify the pool of potential students utilized in calculating disproportionate enrollment, as defined in subsection 6A-19.001(5), F.A.C., in each program or discipline. It is not expected that these analyses will be conducted at a course level unless the governing board determines that it is necessary for the development of strategies to overcome underrepresentation. The Commissioner of Education may designate selected programs, courses, services and activities for analysis.
1. For those programs or disciplines and those selected programs, courses, services or activities designated by the Commissioner of Education, which are found to have disproportionate enrollment, the institution shall develop and implement methods and strategies to increase the participation of students from those underrepresented groups.
2. The plans of implementation shall summarize the results of the analyses of student participation and identify the methods and strategies, including goals adopted by the governing board, and timetables for the implementation of those strategies to increase student participation.
(d) Employment Analyses. Implementation plans shall include a summary of the analyses of employment data by race and sex. Particular attention shall be given to employment patterns in mathematics, science, computer technology, electronics, communications technology, engineering, athletics and vocational education.
1. Plans for implementation shall summarize the results of the employment analyses and describe methods and strategies to increase employment of persons from underrepresented groups.
(e) The annual updates to the implementation plans shall include all modifications, additions, or deletions to the current three year plan for implementation and shall include an evaluation of each of the methods and strategies developed to increase student participation or employment of individuals from underrepresented groups.
(f) Regular Notification. The implementation plan shall include a copy of the policy of nondiscrimination adopted by the governing board and a description of the procedures utilized to regularly notify staff, students, applicants for employment and admission, parents, collective bargaining units and the general public of this policy.
(g) Equity Coordinator. The implementation plan shall identify the person(s), by name and title, designated to coordinate the institution’s compliance with Florida Statutes § 1000.05, and Rules 6A-19.001-.010, F.A.C. The identity of the Equity Coordinator shall be included in the regular notification of the policy of nondiscrimination.
(h) Grievance or Complaint Procedures. The implementation plan shall include a copy of the grievance or complaint procedures for use by students, applicants, and employees who allege discrimination.
1. Procedure(s) shall be available to all students and their parents, employees, and applicants for admission or employment.
2. Notification of these procedures shall be placed in prominent and common information sources.
3. Procedure(s) shall be designed to encourage prompt and equitable resolution of student, employee and applicant complaints but shall not prohibit individuals from seeking redress from other available sources.
(i) Plans and annual updates submitted by district school boards shall include all schools; vocational, adult and community education centers; vocational skills centers; and special education schools, centers or annexes operated by the board. The program analyses and employment analyses portions of the plan shall include school level and district level data.
(j) Plans and annual updates submitted by the Board of Regents shall include a plan for each university. Each university plan shall include all colleges, schools, campuses, annexes, centers, research centers and service centers operated under the authority or direction of the university.
(k) Plans and annual updates submitted by the community college boards of trustees shall include all departments, campuses, annexes and centers operated under the authority or direction of the board of trustees.
(l) The plan and annual updates submitted by the Board of Trustees of the Florida School for the Deaf and the Blind shall include all departments, units and schools operated under the jurisdiction of the Board of Trustees of the Florida School for the Deaf and the Blind.
(2) Periodic Reviews. The Office of Equity and Access of the Department of Education shall plan, coordinate and direct or conduct periodic reviews of public education institutions to determine compliance with Florida Statutes § 1000.05, and Rules 6A-19.001-.010, F.A.C.
(a) The Division of Public Schools, the Division of Applied Technology and Adult Education, the Division of Community Colleges and the Division of Universities shall submit to the Commissioner of Education through the Office of Equity and Access on September 1, 1985, procedures for including the appropriate provisions of Florida Statutes § 1000.05, in each of its regularly scheduled program review activities which shall be subject to approval by the Commissioner of Education. Any revisions or updates to those procedures shall be submitted to the Commissioner of Education for review prior to September 1 each year. Following each program review, a summary of all findings pertinent to determining compliance with Florida Statutes § 1000.05, shall be transmitted to the Commissioner of Education through the Office of Equity and Access.
(b) State Level Review. The Office of Equity and Access shall conduct a state level review of a sampling of the public educational entities, including school districts, community colleges, universities and the Florida School for the Deaf and the Blind.
(c) On-Site Review. The Office of Equity and Access shall conduct annual on-site reviews of a sampling of the public educational entities which participated in state level reviews during the previous twelve months under the provision of Fl. Admin. Code R. 6A-19.010(2)(b) Written notice of on-site reviews shall be provided to presidents and superintendents at least ten (10) working days prior to the review.
(3) Technical Assistance. The Department shall have responsibility for providing technical assistance for compliance with Florida Statutes § 1000.05 Technical assistance materials and services shall be provided to assist in the development, modification and monitoring of the plans for implementation described in Fl. Admin. Code R. 6A-19.010
(4) Studies of Effectiveness. The Office of Equity and Access shall analyze data and evaluation information to identify common elements of policies, practices, procedures and implementation strategies which contribute to, or present barriers to, the effectiveness of methods and strategies designed to increase participation of students in programs and courses in which students of a particular race, sex, national origin, marital status or handicap have been traditionally underrepresented. As common elements are identified, the Office of Equity and Access shall recommend studies to the Commissioner of Education for statewide evaluation and review.
Rulemaking Authority Florida Statutes § 1000.05(5), 1001.05(1) FS. Law Implemented 1000.05(3), (4), (6), 1001.02(1), 1004.65 FS. History-New 3-11-85, Formerly 6A-19.10.