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 the Code 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 of benefits based on race, color or national origin in programs or activities receiving federal financial assistance. Title VI is codified at 42 U.S.C. 2000d et seq.; regulations have been promulgated under it in 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 schools on account of race, color, sex, or national origin. The EEOA is codified at 20 U.S.C. 1701 et. Seq.

Title IX: Title IX of the Education Amendments of 1972
Prohibits discrimination, exclusion from participation, and denial of benefits based on sex in educational programs and activities receiving federal financial assistance. Title IX is codified at 20 U.S.C. 1681 et seq.; 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 of benefits based on disability in programs or activities receiving federal financial 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 of benefits on the basis of disability in public entities. Title II is codified at 42 U.S.C. 12131 et seq; regulations have been promulgated under 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 final regulations under IDEA 2004 become effective on October 13, 2006, the Department 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. Title X, Part C is the McKinney-Vento Homeless Education Assistance Improvements 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 parents certain rights with respect to those records. FERPA is codified at 20U.S.C. § 1232g; regulations have been promulgated under it at34 CFR Part 99

Massachusetts Education Law & Massachusetts Education Regulations:

Mass. Const. Amend. Art. 114: ArticleCXIV of the Amendments to the Massachusetts Constitution Prohibits discrimination, exclusion from participation, and denial of benefits on the 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 for a school day and the minimum number of days in the school year for Massachusetts public schools. Regulations have been promulgated under Section 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 Board of Education of student record regulations. Such regulations have been promulgated at 603 CMR 23.00. Section 34H concerns the provision of information by schools to noncustodial parents. Section 37G provides for the use of reasonable force to protect pupils, school personnel, and other persons from assault by a pupil and requires the promulgation by the Board of Education of regulations regarding the use of physical restraint 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 curriculum accommodation 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 relates to the assignment of children to special education classes. Regulations have 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 all public schools on the basis of race, color, sex, religion, national origin, or sexual orientation. Regulations have been promulgated under section 5 at 603 CMR 26.00. Section 18 requires notice to students permanently 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 August 2017