Civil Rights

Following are abbreviated descriptions of Civil Rights statutes on which the Department of Education Program Review Criteria are based. 

Federal:(Note: "U.S.C." refers to the "United States Code"; "CFR" refers to theCode of Federal Regulations."Et seq." means "and following.")

Title VI: Title VI of the Civil Rights Act of 1964
Prohibits discrimination, exclusion from participation, and denial ofbenefits based on race, color or national origin in programs oractivities receiving federal financial assistance. Title VI is codifiedat 42 U.S.C. 2000d et seq.; regulations have been promulgated under itin the Code of Federal Regulations at 34 CFR Part 100

EEOA: the Equal Educational Opportunities Act of 1974
Prohibits the denial of equal educational opportunity in public schoolson account of race, color, sex, or national origin. The EEOA is codifiedat 20 U.S.C. 1701 et. seq.

Title IX: Title IX of the Education Amendments of 1972
Prohibits discrimination, exclusion from participation, and denial ofbenefits based on sex in educational programs and activities receivingfederal financial assistance. Title IX is codified at 20 U.S.C. 1681 etseq.; regulations have been promulgated under it at 34 CFR Part 106

Section 504: Section 504 of the Rehabilitation Act of 1973
Prohibits discrimination, exclusion from participation, and denial ofbenefits based on disability in programs or activities receiving federalfinancial assistance. Section 504 is codified at 29 U.S.C. 794;regulations have been promulgated under it at 34 CFR Part 104.

Title II: Title II of the Americans with Disabilities Act of 1990
Prohibits discrimination, exclusion from participation, and denial ofbenefits on the basis of disability in public entities. Title II iscodified at 42 U.S.C. 12131 et seq; regulations have been promulgatedunder it at 28 CFR Part 35

IDEA 2004: the Individuals with Disabilities Education Act of 2004
Governs special education. IDEA 1997 was codified at 20 U.S.C. 1400 etseq.; regulations were promulgated under it at 34 CFR 300. Until finalregulations under IDEA 2004 become effective on October 13, 2006, theDepartment has the responsibility of enforcing regulations under IDEA1997 that do not conflict with IDEA 2004.

NCLB: the No Child Left Behind Act of 2001
Governs elementary and secondary education. NCLB is available at . TitleX, Part C is the McKinney-Vento Homeless Education AssistanceImprovements Act of 2001: information on this act is available in the Massachusetts Department of Education's Homeless Education Advisories

FERPA: the Family Educational Rights and Privacy Act of 1974
Protects the privacy of student education records and gives parentscertain rights with respect to those records. FERPA is codified at 20U.S.C. § 1232g; regulations have been promulgated under it at 34 CFR Part 99

Massachusetts Education Law & Massachusetts Education Regulations:

Mass. Const. amend. art. 114: ArticleCXIV of the Amendments to the Massachusetts Constitution Prohibitsdiscrimination, exclusion from participation, and denial of benefits onthe basis of disability in any program or activity in the Commonwealth.

M.G.L. c. 69: Massachusetts General Laws, Chapter 69
Establishes the powers and duties of the Department of Education.Section 1G requires the Board of Education to set the minimum length fora school day and the minimum number of days in the school year forMassachusetts public schools. Regulations have been promulgated underSection 1G at 603 CMR 27.00.

M.G.L. c. 71: Massachusetts General Laws, Chapter 71
Governs public schools. Section 34D requires promulgation by the Boardof Education of student record regulations. Such regulations have beenpromulgated at 603 CMR 23.00. Section 34H concerns the provision ofinformation by schools to noncustodial parents. Section 37G provides forthe use of reasonable force to protect pupils, school personnel, andother persons from assault by a pupil and requires the promulgation bythe Board of Education of regulations regarding the use of physicalrestraint on students. Such regulations have been promulgated at 603 CMR46.00. Section 37H relates to codes of conduct and handbooks. Section38Q ½ requires every school district to adopt and implement a curriculumaccommodation plan.

M.G.L. c. 71A: Massachusetts General Laws, Chapter 71A
Governs the education of English learners. Regulations have been promulgated under it at 603 CMR 14.00.

M.G.L. c. 71B: Massachusetts General Laws, Chapter 71B
Governs the education of children with special needs. Section 6 relatesto the assignment of children to special education classes. Regulationshave been promulgated under c. 71B at 603 CMR 28.00.

M.G.L. c. 76: Massachusetts General Laws, Chapter 76
Governs school attendance. Section 5 prohibits discrimination in allpublic schools on the basis of race, color, sex, religion, nationalorigin, or sexual orientation. Regulations have been promulgated undersection 5 at 603 CMR 26.00. Section 18 requires notice to studentspermanently leaving school.

St. 1965, c. 741: Chapter 741 of the Massachusetts Acts of 1965
Established the maximum age for compulsory school attendance as sixteen.

Nashoba Regional School District Staff Annual Civil Rights Policy Review

 

Updated March 2008