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Ven- 1. There anything in in all This?
1
What are we thing withid HD # 207839
ith IX
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
10. OUTGOING
ir? Plan check in with Rob.
IH INTERNAL
Weiner. Thanks.
is INCOMING
Eleven
Date Correspondence
Received (YY/MM/DD)
97/09/16
ISABELLE KATZ PINZLER
Name of Correspondent:
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: DEPARTMENT OF JUSTICE RESPONSE To PRESIDENT
CLINTON'S JUNE 17 MEMO ON TITLE IX ENFORCEMENT
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Tim SAUNDERS EXEC CLERK ORIGINATOR
97,09,16
( 97,09,
Referral Note:
Tony STERN - - STAFF DECRETARY A
97/09/16
C 97/09/25
Referral Note:
MARIA ECHAVESTE
A 1027
/
/
Referral Note:
1027
JENNIFER KLEIN
/
!
Referral Note:
1027
ELENA LAGAN
E
97,04125
/
/
Referral Note:
ACTION CODES.
DISPOSITION CODES:
A Appropriate Action
I Into Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R - Direct Reply w/Copy
B - Non-Special Referral
S . Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X. Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
NOT FOR THE PRESIDENT'S TRANSMITTAL To THE
CONGRESS
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/31
STATEMENT OF EDUCATION
UNITED STATES DEPARTMENT OF EDUCATION
UNITED STATES ALAS OF AMERICA
THE SECRETARY
December 8, 1997
MEMORANDUM FOR THE PRESIDENT
FROM:
Richard W. RileyDick Rrley
SUBJECT:
Strengthening Title IX Enforcement
This memorandum is in response to your June 17, 1997, Memorandum for the Heads of
Executive Departments and Agencies titled "Strengthening Title IX Enforcement and Addressing
Discrimination on the Basis of Sex, Race, Color and National Origin in Federally Conducted
Education Programs and Activities." You requested a description of department or agency
priorities for Title IX enforcement and methods to make recipients of Federal financial assistance
aware of their obligation not to discriminate on the basis of sex and to provide grievance
procedures to handle Title IX complaints.
An earlier memorandum (copy attached) was sent by my Acting General Counsel in response to
the information you requested about the agency's education programs and discrimination-related
issues that might arise in these programs.
Background
The Department of Education, through its Office for Civil Rights (OCR), is the agency with
primary enforcement authority for Title IX of the Education Amendments of 1972, which
prohibits discrimination on the basis of sex in federally assisted education programs. OCR's role
is to ensure that no person is subjected to discrimination on the basis of sex in education programs
or activities that receive Federal financial assistance. In addition to OCR's enforcement
responsibilities for Title IX, OCR enforces four other Federal statutes that prohibit discrimination:
Title VI of the Civil Rights Act of 1964 (prohibiting race and national origin discrimination in
federally assisted programs), Section 504 of the Rehabilitation Act of 1973 (prohibiting disability
based discrimination in federally assisted programs), Title II of the Americans With Disabilities
Act of 1990, and the Age Discrimination Act of 1975. OCR is also charged with carrying out
civil rights provisions in Title V, Part A of the Elementary and Secondary Education Act of 1965,
relating to the Magnet Schools Assistance Program.
To carry out its responsibilities, OCR has enforcement authority to investigate complaints and
conduct compliance reviews. Fundamental to OCR's effective investigative and enforcement
program are strong efforts to achieve voluntary resolutions. OCR carefully monitors such
resolution agreements to ensure that recipient institutions fully implement their plan commitments.
600 INDEPENDENCE AVE., S.W. WASHINGTON. D.C. 20202-0100
Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.
Page 2 - The President
OCR offers technical assistance through seminars, speeches, widely disseminated policy guidance
documents, and on-line access to encourage voluntary compliance. OCR also works proactively
with recipients to develop, adopt and implement policies and grievance procedures that assist
recipients to identify, prevent, and effectively respond to sex discrimination.
OCR has enforcement jurisdiction over recipients of Federal financial assistance in all 50 states,
the District of Columbia, and the U.S. territories and possessions, including 56 state education
agencies, 15,000 local educational agencies, 3,600 colleges and universities, and 5,600 proprietary
schools. Other recipients include libraries, museums, and 83 state rehabilitation agencies.
In FY 1996, OCR received 4,828 new complaints and closed 4,886 complaints. Sex
discrimination complaints numbered 324 or nearly seven percent of the incoming complaints. The
agency also initiated 146 compliance reviews, several of which were Title IX reviews, and closed
173 reviews.
Title IX Enforcement Priorities
Complaints to OCR involve complex issues of different treatment and disparate impact on the
basis of sex. In order to focus and prioritize limited enforcement resources, OCR's Strategic Plan
and Enforcement Program highlights the areas of greatest need for our Title IX beneficiaries.
Within these priority areas, in order to ensure that recipients are aware of their Title IX
responsibilities, and so that recipients can work as partners with the Federal government in
enforcing Title IX, OCR has issued several important policies within the last two years. These
priority areas and related policy documents include:
Sexual harassment. On March 13, 1997, OCR issued final policy guidance in the Federal
Register on the subject of sexual harassment. The guidance explains that sexual
harassment is a persistent and serious problem in our elementary, secondary, and
postsecondary schools and states that it can interfere with a student's ability to benefit
from his or her education. The guidance makes clear that school personnel who
understand their Title IX obligations are in the best position to prevent and respond to
sexual harassment, using good judgment and taking into account the age and maturity of
the students involved. It also delineates the responsibility of school administrators to
remedy the problem of sexual harassment once a school has notice of it, and describes
how schools can implement effective grievance procedures. During the next year, OCR
will reproduce and distribute copies of the sexual harassment policy guidance to recipients.
Also, OCR has developed and will distribute a pamphlet setting out in clear, nonlegal
terms how Title IX prohibits sexual harassment and legal requirements for effective
grievance procedures responsive to complaints of sexual harassment. We have already
made these documents available to the public at no cost on OCR's website
(http://www.ed.gov/offices/OCR/) OCR recently sent a letter to all the Chief State
School Officers reminding them of the requirements for designating Title IX coordinators
and for developing effective grievance procedures to handle sex discrimination complaints.
Page 3 - The President
Fairness in testing and assessment practices. In the near future, OCR will issue final
guidance for its regional enforcement offices to assist in the investigation of cases alleging
the discriminatory use of tests in making high-stakes educational decisions. The guidance
will set forth well-established legal standards relating to the use and misuse of tests, and
will clearly articulate the existing principles of law that should guide any decision
regarding the use of tests under Title IX or Title VI. OCR will also issue a pamphlet
setting out in nonlegal terms the standards relating to the use and misuse of high-stakes
tests. The Department plans to make the guidance and the pamphlet widely available to
school systems and the public. In addition, during the next year, the Department's Office
of Educational Research and Improvement and the Office of Elementary and Secondary
Education, along with OCR, will work to identify and disseminate promising practices
with regard to the validation and use of tests.
Gender equity in athletics. On January 16, 1996, OCR issued to college and university
presidents and other stakeholders a document relating to issues of gender equity in
athletics. Accompanied by a Dear Colleague letter, OCR's "Clarification of Intercollegiate
Athletics Policy Guidance: The Three-Part Test" explained in clear terms and with helpful
examples the different ways schools can provide students with nondiscriminatory athletic
participation opportunities.
Making sure that female athletes are awarded athletic scholarships consistent with Title IX
requirements is another important enforcement activity. The opportunity to go to college
may elude some students from less advantaged socioeconomic backgrounds, and athletic
scholarships are one way to create that opportunity. OCR is presently investigating 25
complaints alleging violations of Title IX in awarding athletic scholarships.
In the area of vocational educational opportunities for females, OCR has provided state
vocational education agencies assistance in their civil rights enforcement responsibilities. This
includes providing training in areas of gender equity, including sexual harassment and Title IX
grievance procedure requirements. OCR on September 30, 1996, revised the procedures that
assist state vocational education agencies in conducting their civil rights compliance reviews of
local educational agencies. These procedures permit State agencies to focus on specific issues
such as under-representation by sex in non-traditional courses.
Relatively few complaints are filed under Title IX, as compared to other civil rights laws. OCR
will, however, examine on a regular basis whether pervasive Title IX issues are left unaddressed
by either current policy or our system of responding to complaints. If enforcement gaps exist,
OCR will pursue a range of intervention strategies to enforce Title IX, including technical
assistance and compliance reviews.
Page 4 - The President
The Department anticipates furthering the goals of the Strengthening Title IX Initiative by
continuing to aggressively implement enforcement programs like those described here to ensure
that federally assisted education programs meet the requirements of Title IX. We also plan to
work with the Department of Justice, which is relying upon the Department of Education's Title
IX regulation as a model to assist other executive departments and agencies in their development
of new sex discrimination regulations.
Attachment
STATEMENT OF EDUCATION
UNITED STATES DEPARTMENT OF EDUCATION
UNITED STATES of AMERICA
OFFICE OF THE GENERAL COUNSEL
Merrily Friedlander
Chief, Coordination and Review Section
Civil Rights Division
AUG 20 1997
U.S. Department of Justice
1425 New York Avenue, N.W., Room 4013
Washington, D.C. 20035-5968
Re:
Federally Conducted Education Programs
Dear Ms. Friedlander:
Attached please find the Department of Education's report identifying and describing its
federally conducted education programs. The report has been prepared in the format requested
by your office, and includes, as requested, a separate document identifying possible impediments
to including these programs in an executive order prohibiting discrimination based on race and
gender. A copy of both the report and notes on possible impediments will be transmitted to
Jennifer Levine via e-mail so that you will have electronic versions of the documents.
There are several programs that we did not include in the report, notwithstanding that
some aspects of the program arguably could be considered federally conducted, because we
believe that the program as a whole is a federally assisted program already covered by Title IX
and Title VI.
For instance, many Department programs authorize activities to be conducted either by
grant, cooperative agreement (which is a grant) or contract. We do not believe that the fact that a
contract instrument is used for some program activities is determinative of whether the program is
federally conducted. Instead, we looked at the actual activities conducted under the contract. If
these activities are similar to activities conducted by grants, i.e., decision making and control is
primarily delegated to the entity conducting the activities, and the activities are conducted
primarily to support or stimulate statutory goals and purposes, rather than acquire services for the
direct benefit of the Department, we consider the program as a whole to be a federally assisted
program. We regard all awards under these programs to be federal financial assistance that
invokes coverage under Title VI and Title IX. The following are some examples of these types of
programs:
Women's Educational Equity Act (WEEA), 20 U.S.C. § 7231 -- This $ 2 million program
promotes educational equity for girls and women. It primarily awards grant to schools,
non-profit organizations, or individuals to implement or develop gender-equity policies
and practices. Through a contract, the program also funds the WEEA Publishing Center.
The Publishing Center builds on the work of the grantees by distributing products
600 INDEPENDENCE AVE.. S.W. WASHINGTON. D.C. 20202-2110
Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.
Merrily Friedlander -- Page2
developed by grantees and providing technical assistance to grantees. It also distributes
other gender equity materials, promotes awareness of gender-equity issues, and maintains
a web cite and 1-800 number in order to respond to questions and to give technical
assistance to the public as requested on gender equity.
Regional Educational Laboratories for Research, Dissemination, and Technical Assistance,
20 U.S.C. § 6041(h) -- This $ 51 million program funds regional laboratories that are
directed to promoting "systemic school improvement strategies." While the statute only
authorizes regional labs to be funded by contract, and the Assistant Secretary of OERI can
ask the labs to conduct research of national importance, the laboratories primarily operate
as federally assisted activities. For instance, the laboratories determine the educational
needs for the region in which they operate and develop and disseminate research products
for schools, teachers, and libraries in the region. In fact, an appropriations rider prohibits
the laboratories from providing services requested by the Department unless the
Laboratory agrees that the request is consistent with regional needs and priorities, as
determined by the Laboratory. The laboratories also provide technical assistance to, and
facilitate communication among, the regions' school officials, school experts, teachers,
parents, and libraries regarding school reform and restructuring.
Safe and Drug Free Schools -- National Programs, 20 U.S.C. § 7131 -- This program
authorizes the Secretary in consultation with the Secretary of HHS, the Director of the
Office of National Drug Control Policy, and the Attorney General to develop programs to
prevent the illegal use of drugs and promote safety for students. Authorized activities
include funding the development of innovative strategies, model training programs,
development of curricula, and the implementation of prevention activities in schools and
communities. The activities are primarily conducted through grants. However, the
program has a contract to establish a higher education technical assistance center to assist
schools in developing campus-based violence prevention programs. As with the WEEA
Publishing Center (discussed above), the contract includes specific tasks but, like federal
assistance, gives the contractor discretion in how to carry out the tasks and to respond to
needs of the field.
We also did not include the Department's other dissemination programs such as the
Educational Resource Information Center (ERIC), 20 U.S.C. § 6041(f), and other clearinghouses.
The clearinghouses merely engage in the routine, administrative task of distributing resources and
materials to anyone requesting such material. Accordingly, We; do not believe these activities
were intended to be covered by the executive order. For the same reason, we did not include
programs that have merely collected and distributed (without the Department's endorsement)
information about education programs or practices that appear to be promising. However, the
report includes the Department's "National Library of Education." It is included because, in
addition to dissemination activities, the Library can provide individualized reference services to
other federal employees and the general public. Some dissemination programs also provide
technical assistance and financial assistance to developers of educational programs, provide
Merrily Friedlander -- Page3
technical assistance in implementing educational programs, or connect schools and teacher
seeking information to appropriate resource centers. See e.g., 20 U.S.C. § 6041(b). We consider
these to be federally assisted activities.
We also did not include individual Department generated reports -- sometimes statutorily
mandated -- on specific topics. We do not consider such reports to be education research as they
merely report on existing data. Responsive to your request to be over inclusive, we included the
Department's National Center for Education Statistics. However, to the extent that the NCES
merely collects and reports on educational data, it is unclear whether it should come within the
scope of the executive order.
We did not include grant-related programs and activities. For instance, some federally
assisted programs allow the Secretary to set-aside a certain percent of program funds to evaluate
the impact of the program (see Charter Schools 20 U.S.C. 8065; Title I program, 20 U.S.C. §
6491; Safe and Drug Free Schools, 20 U.S.C. § 7117), and to develop, replicate, and disseminate
successful programs supported by Department grants, (see e.g., Id (Charter Schools); Life Skills
for Prisoners Program, 20 U.S.C. 1211-2(h), or authorize the Secretary to provide technical
assistance to grantees (see e.g., Id (Life Skills program); see also Innovative Education Program
Strategies, 20 U.S.C. § 7373(a)). We believe that these grant-related activities are beyond the
scope of the executive order.
Finally, we did not include the Direct Student Loan Program because, like all of our
student financial aid programs, we consider it to be federal financial assistance that invokes
coverage under Title VI and Title IX.
Please feel free to call Susan Craig (401-6001) or Lisa Battalia (401-8322) if you have any
questions regarding the report.
Sincerely,
Acting General Counsel
Attachments
FEDERALLY CONDUCTED EDUCATION PROGRAMS
Name of Agency: DEPARTMENT OF EDUCATION
Name of Program
FY 1997
Number and Type of
General description of
Authority, Policies, and
Funding
Participants
program
Possible Impediments
Level
National Educational
$54 mil
Not applicable (NA)
Funds support the activities
20 U.S.C § 6031(c);
Research Institutes --
(only $8.4
of live research institutes
possible impediment (see
non-grant activities
is
within the Department's
note 1)
applicable
Office for Educational
to non-
Research and Improvement
grant
(OERI) and organized
activities)
around topics of national
concern in education. The
institutes conduct a
program of research
primarily through grants to
fund research centers and
studies. The Ass't Sec. of
OERI can also conduct
research directly or through
contract. Other department
programs can make
arrangements with OERI
for research on particular
issues.
Department of Education -- Page 2
National Educational
Unknown;
Number unknown;
Fellowships support
20 U.S.C. § 6031(c)(1)(D)
Research Institutes --
program
participants must be
graduate study in
Graduate Study
has not
qualified African-
educational research.
Fellowships
yet been
American, Hispanic,
implemen-
American Indian,
ted
Alaska Native, or
other individuals
from groups which
have been
underrepresented in
the field of
educational research
OERI -- Expert Panels
Unknown;
Unknown at this
The Ass't Sec. can establish
20 U.S.C. § 6041(d)
only in
time
panels of qualified experts
pilot stage
(2/3rds of whom cannot be
U.S. government
employees) to evaluate
submitted educational
programs and recommend
to the Secretary programs
that should be designated as
exemplary or promising
National Library of
$1 mil.
Other federal
Provides comprehensive
20 U.S.C. § 6051
Education
employees and the
reference services on
public
matters related to education
Department of Education -- Page 3
Bypass authority under
$7.15
Title I - Only
Federal contractors provide
20 U.S.C. 6321(d); 20
Title I and Title VI of
million
implemented in
educational services to
U.S.C. § 7372(e).
the Elementary and
(Title I);
Missouri and
eligible private school
Contracts require
Secondary Education
$1 million
Virginia; 4133
children in "bypassed"
compliance with the ADA;
Act
(Title VI)
private school
school districts under Title I
possible impediment (see
students served.
(which provides services to
note 2)
Title VI - 155,037
disadvantaged children) and
private school
Title VI (which encourages
students served
innovative education
strategies). Bypassed
districts are unable or
unwilling to provide
equitable services to private
school children
National Institute for
$149,747
4 fellowships
NIFL awards fellowships to
20 U.S.C. § 1213c(e); 34
Literacy (NIFL) --
awarded to 5
individuals engaged in
CFR Part 1100
Fellowships
individuals
activities that advance the
field of adult education and
literacy
Department of Education -- Page 4
Title I and IDEA
Title I -
Title I - []; IDEA -
The Secretary provides
20 U.S.C. § 6331(c); Sec.
Allotment for BIA-
$45 mil.;
the last numbers we
money to the Secretary of
61 1(I) of the Amendments
Operated Schools
IDEA -
have are from 1993
the Interior to meet the
to the Individuals with
$ 38 mil.
showing 6,731
needs of disadvantaged
Disabilities Act of 1997;
students served
children and children with
potential impediment (see
disabilities in schools
notes 2 and 3)
operated by the Bureau of
Indian Affairs. Note: the
IDEA allotment can be
distributed through
cooperative agreements
(e.g., federal assistance)
Fellowships for Indian
Zero-
75 fellows
Awards fellowships to
20 U.S.C. § 7083; 34 CFR
Students
funded in
Indian students to enable
Part 263; (see note 4)
1996 and
them to study in graduate
1997
and professional programs
($1.1 mil.
In
continua-
tion
awards
only are
still being
funded
with 1995
carryover
funds)
Department of Education -- Page 5
Research on the Status
$4.9
NA
Federal contractors provide
20 U.S.C. § 1213b (see
of Adult Education
million
assistance to States in
note 1)
evaluating the status of
adult education; Secretary
submits report to the
President and Congress
every 4 years on the status
of literacy and adult
education
Vocational Education
The Voc.
NA
Through OERI, the
20 U.S.C. § 2402 (see note
Research Program
Ed.
Department conducts
1)
National
applied research on specific
program
aspects of vocational
budget is
education as they relate to
$13 mil --
improved access for, among
most, but
others, individuals who are
not all, is
disadvantaged or
used for
handicapped, women who
research
are entering nontraditional
careers, individuals who are
single parents, displaced
homemakers, or single
pregnant women, and
individuals with limited
English proficiency.
Department of Education -- Page 6
National Center for
Report/
NA
Primarily through contracts,
20 U.S.C. §§ 9003, 9004
Education Statistics
Survey
the NCES collects and
(see note 1)
(NCES)
costs
reports a wide range of
range
educational data. Cross-
from
sectional Special Purpose
$30,000
Surveys provide detailed
to $30
information in special topic
million
areas of education;
longitudinal surveys collects
information of the same
students over time and
provide information of
academic growth and
experiences. NCES also
produces reports based on
the survey data, such as a
1996 report "Women:
Education and Outcomes,"
and a report titled
"Educational Progress of
Black Youth."
Department of Education -- Page 7
Voluntary National
$13 mil.
At present,
The program is designed to
20 U.S.C. 8001. The
Tests
participants include
test 4th grade students in
contractor will develop
students and parents
reading English and 8th
inclusion guidelines to
participating in field
grade students in
ensure that all students are
tests. We are unable
mathematics. The test is
included in the test. They
to estimate numbers
being developed by a
will also conduct research
at this time
Federal contractor and will
on the valid and reliable
first be administered in the
uses of the test.
Spring of 1999.
Jacob K. Javits
$5.9 mil.
247 graduate
Funds provide fellowships
20 U.S.C. § 1134h; 34 CFR
Fellowship Program
students
for graduate (primarily
Part 650
doctoral) study in the Arts,
Humanities, and Social
Sciences to students of
superior ability.
Department of Education -- Page 8
Fulbright-Hays Act --
Faculty -
19 teacher fellows
Funds provide scholarships
22 U.S.C. §§ 2452(b)(6);
Faculty Research and
$744,615;
and 75 doctoral
to scholars to conduct
34 CFR Parts 662 and 663
Doctoral Dissertation
Doctoral -
student fellows
research abroad in the area
Research Abroad
$1.6 mil.
of modern foreign
languages and area studies.
Institutions of Higher
Education participate in the
program through grants by
processing and screening
applications; the Secretary
evaluates and makes a
preliminary selection of
fellows; the final selection is
made by the President's
Board on Foreign
Scholarships
Department of Education -- Page 9
Blue Ribbon Schools
$1 mil.
262 elementary
This program was
NA; possible impediments
schools (the 1998
established by the Secretary
(see note 5)
cycle will select
in 1982. It identifies and
exemplary secondary
recognizes outstanding
schools)
public and private
elementary and secondary
schools, and encourages
these schools to share "best
practices" related to
educational success.
States, the Council for
American Private
Education, BIA and DOD
nominate schools which are
then selected by a national
review panel.
Satellite Town
$215,000
General public
A Department-sponsored
NA; possible impediments
Meetings
(2/3rds of
TV program series that is
(see note 6)
funds
broadcast nationwide.
come
Each program focuses on a
from
particular education issue
corporate
and highlights 4-6
donations)
education programs that
have proven effective in
that area.
Department of Education -- Page 10
Partnership for Family
$1.1 mil
General public
This initiative (which
NA
Involvement in
(most of
includes Read*Write*Now
Education
which is
and "America Goes Back to
used for
School") encourages
the cost of
families and communities
printing
voluntarily to get involved
Read*Wri
in schools and to help
te*Now
children read. As part of
tutoring
the initiative the
materials)
Department occasionally
convenes focus groups, co-
sponsors conferences, and
researches and produces
publications on particular
educational issues.
Department of Education -- Page 11
Presidential Scholars
$250,000
141 high school
This program was
E.O. 11155; possible
Program
seniors
established by executive
impediments (see notes 6
order to recognize
and 7)
outstanding high school
students. A federal
contractor conducts the
initial selection process.
Scholars are ultimately
selected by a presidentially
appointed commission. The
commission picks one male
and one female scholar
from each State. Note that
while the Department
brings scholars to D.C. and
provides them with
me dallions, a private
foundation pays for the
week of activities for the
scholars.
Teacher's Forum
$100,000
120 teachers
Each year the Department
NA
invites exemplary teachers
to the Department to learn
about the Department and
to learn ways to support
education reform.
NOTES ON POSSIBLE IMPEDIMENTS
Note 1 -- The executive order should not direct or control the selection of research topics or of data collection procedures.
Note 2 -- The Department's Title IX regulations permit recipients to operate single-sex elementary and secondary schools as long as the
recipient provides for members of the other sex, pursuant to the same admission criteria, comparable courses, services, and facilities.
We recommend that the executive order similarly permit the federal government to operate or serve students in single sex schools
where comparable services are provided to members of the other sex.
Note 3 -- Any impediments raised by the Bureau of Indian Affairs relating to programs carried out with BIA appropriations should also
be considered as they relate to the Department's BIA allotments. In addition, the executive order should clarify that the Department's
allotment does not create oversight or enforcement responsibilities for the Department under the executive order.
Note 4 -- The Department has not requested continued funding for the Fellowships for Indian Students program. Thus, it is not
expected that the program will continue to operate after 1997.
Note 5 -- As Title IX exempts the admissions practices of elementary and secondary schools, we recommend that the executive order
not preclude the Secretary from recognizing exemplary single-sex elementary and secondary schools, where appropriate.
Note 6 -- Where, as here, a federally conducted activity is conducted in partnership with corporate or other private sponsors, we
recommend that the executive order clarify that it applies to those activities of the corporation or private entity that are conducted with
the federal government.
Note 7 -- The executive order should not create an inconsistency with the previous executive order requiring one male and one female
scholar from each state.
Department of Education -- Page 12
Teacher's Listserve
NA
Approximately 200
The Department established
NA
teachers subscribe
this e-mail forum for
(although any
teachers and it manages the
teacher can ask to
subscription list. The
subscribe)
Department provides
information about itself
and highlights promising
practices. Listserve
members also communicate
and share information
among themselves. Note:
It is likely that there are and
will be more Department
Listserves.
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The President
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Dear Mr. President:
Eleva
On June 17, 1997, the 25th anniversary of Title IX of the
Education Amendments of 1972, as amended ("Title IX"), you
directed executive departments and agencies to reinvigorate the
enforcement of Title IX, and stated your intention to issue an
Executive order prohibiting discrimination on the basis of race,
national origin, and sex in federally conducted education and
training programs. Given the incomplete data then available on
the types of education and training programs conducted by the
Federal government, you also directed executive departments and
agencies to submit to the Department of Justice ("Department") an
inventory of their education and training programs in order that
the Department could review such material and prepare an
appropriate order. The purpose of this letter is to provide a
summary of actions to date with respect to the initiative on
federally conducted education and training programs
lägency" rasences")
In mid-July, Isabelle Katz Pinzler, Acting Assistant
Attorney General, Civil Rights Division, issued a memorandum to
93 executive departments and agencies that provided guidance and
instructions on their preparation of an inventory of federally
conducted education and training programs. In addition, the
Civil Rights Division, which is coordinating this effort, has
provided extensive advice by telephone to agency staff on a wide
range of matters, including guidance or clarification as to
whether certain programs should be reported.
At this time, we are pleased to report that we have received
submissions from all but a few agencies, and that a few others
are providing additional data to complete their reports. Given
the complexity of this task and the summer holidays. the majority
of agencies were diligent in their efforts to collect data from
the multiple offices or entities within the agency.
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The President
Page 2
Notwithstanding these efforts, however, a substantial number of
responses were not received by the stated deadline of August 18,
1997 and many responses were submitted throughout the month of
September. и addition, supplemental data from some agencies
were received this month.
Currently, we are reviewing the agencies' inventories of
federally conducted education and training programs. Examples of
programs include: training on how to comply with statutes and
regulatory programs; skills development for State and local
agencies, or other specific audiences; internships for students
which include educational components and/or academic credit; and
workshops to teachers on specific topics in order to expand their
respective programs and improve teaching techniques. In
addition, we are also identifying issues that warrant research
and analysis prior to our drafting of an Executive order.
Certain agencies have raised concerns about subjecting certain
programs to an Executive order, and we will ensure that these
concerns are addressed fully. Members of the Civil Rights
Division and the Department's Office of Legal Counsel have
discussed certain issues with the White House counsel's office,
and both offices within the Department will continue to examine
these and other matters.
Given the delay in receipt of agency responses, the
extensive reports submitted, and the range of issues involved,
our review and analysis is proceeding, but not yet completed.
The Civil Rights Division, with the assistance of the Office of
Legal Counsel, will continue its work, and we will submit a
proposed Executive order when this task is completed.
Respectfully,
Janet Reno