In order to ensure equal access for all students, these districts are now making substantial changes in the operation of their gifted programs. The enclosed policy statement gives direct, practical instructions on how school districts can measure the equity of participation levels. School systems should now begin the process of conducting self-assessments of their operations to ensure that programs and activities are equitable. Department audits and monitoring reviews beginning with the 1998-99 school year will assess the degree to which school districts are complying with this policy statement. Thank you in advance for your attention to this matter.
Unlawful discrimination can occur in any aspect of an educational program or activity.
There are, however, issues of discrimination which, based on trends in complaints and findings from proactive compliance reviews, are more problematic and more directly impact student access to a high quality education. Procedures for data collection and analysis for these issues are presented below. However, the procedures and principles outlined below may be utilized in evaluating other program issues, not just those identified below. For this reason, the Department and subrecipients must maintain statistical data regarding various aspects of their programs, and review this data on a periodic basis. While statistical disparities, without other evidence, do not prove discrimination, they do have substantial probative value with respect to differential treatment and disparate impact discrimination.