1. Is career-technical education public education?
Yes. The law requires Ohio public school districts to provide students the opportunity to take career-technical education courses.
R.C. 3313.90 provides that “each city, local, and exempted village school district shall… provide to students enrolled in grades seven through twelve career-technical education adequate to prepare a student enrolled therein for an occupation.”
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2. Do all public schools in Ohio receive Federal financial assistance?
Yes. All public schools in Ohio receive federal funds.
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3. How do admission criteria cause a barrier for students who want to access career-technical education?
Admission criteria may deny a child equal access to career-technical education. The 14th Amendment of the U.S. Constitution protects equal access to public schooling. If a state establishes a public school system, they
may not deny a child in the state equal access to schooling. Open admission for public education ensures children have equal access.
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4. Can a vocational school impose admission criteria that are “essential for participation” in a particular program?
Yes. As explained by the
March 21, 1979 Guidelines for Vocational Education Programs (OCR-00004) issued by the United States Department of Education, Office for Civil Rights, a vocational school receiving federal funds “may not judge candidates for admission to vocational education programs on the basis of criteria that have the effect of disproportionately excluding persons of a particular race, color, national origin, sex, or handicap. However, if the recipient can demonstrate that such criteria have been validated as essential to participation in a given program and that alternative equally valid criteria that do not have such a disproportionate adverse effect are unavailable, the criteria will be judged nondiscriminatory.”
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5. Can a vocational school require that candidates reside within a member school district?
Yes. R.C. 3313.64 requires admission of students who reside within the district, but admission of nonresident students is the optional decision of the district board of education (R.C. 3327.04). The district board of education must adopt a resolution specifying its policy in this regard (R.C. 3313.98). Joint vocational school districts (JVSDs) must adopt a policy pertaining to enrollment of students who will be adjacent district joint vocational students (R.C. 3313.983).
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6. Can a vocational school require that candidates meet a minimum grade point average?
No. See item 4., above. A JVSD policy regarding enrollment of students who will be adjacent district JVSD students shall not include “[a]ny requirement of academic ability, or any level of athletic, artistic, or other extracurricular skills.” (R.C. 3313.983(B)(1)).
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7. Can a vocational school prohibit the enrollment of students with disabilities?
No. See item 4., above. A JVSD policy regarding enrollment of students who will be adjacent district JVSD students shall not include “[l]imitations on admitting applicants because of disability, except that a board may refuse to admit an applicant receiving services under R.C. Chapter 3323 if the services described in the student's IEP are not available in the district.” (R.C. 3313.983(B)(2)).
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8. Can a vocational school require that candidates meet minimum English proficiency requirements?
No. See item 4., above. A JVSD policy regarding enrollment of students who will be adjacent district JVSD students shall not include “[a] requirement that the student be proficient in the English language.” (R.C. 3313.983(B)(3)).
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9. Can a vocational school prohibit the enrollment of students with prior discipline?
No. See item 4., above. A JVSD policy regarding enrollment of students who will be adjacent district JVSD students shall not include the “[r]ejection of any applicant because the student has been subject to disciplinary proceedings, except that if an applicant has been suspended or expelled by any school district for ten consecutive days or more in the term for which admission is sought or in the term immediately preceding the term for which admission is sought, the procedures may include a provision denying admission of such applicant.” (R.C. 3313.983(B)(4)).
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10. What other laws protect students from being excluded in career-technical education?
In 1973, the Department of Health, Education, and Welfare was directed to enforce civil rights requirements in vocational education programs through compliance reviews, a survey of enrollments and related data, and the issuance of guidelines explaining the application of Title VI of the Civil Rights Act of 1964 regulations to recipients of Federal funds offering or administering vocational education programs.
The Guidelines for Vocational Education Programs were issued. These civil rights statutes and their implementing regulations apply to vocational education programs receiving Federal funds and any institution receiving Federal financial assistance:
- Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in any program or activity.
- Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities.
- Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in any program or activity. Title II of the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination based on disability by public entities regardless of Federal funding.
- The Age Discrimination Act of 1975 prohibits discrimination based on age in programs or activities.
- The Boy Scouts of American Equal Access Act of 2002 (20 USC 7905), provides in pertinent part that no public school or local education agency that provides an opportunity for one or more outside youth or community groups to meet on school premises or facilities shall deny equal access or fair opportunity to meet to any group officially affiliated with the Boys Scouts of American or any other youth group listed in Title 36 of the USC as a patriotic society that wishes to meet at the school.
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