Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-19 - EDUCATIONAL EQUITY › Section 6A-19.001 - Scope, Coverage and Definitions

Current through Reg. 50, No. 138; July 16, 2024
Chapter 6A-19, F.A.C., implements Section
				  1000.05, F.S., which prohibits
				  discrimination on the basis of race, sex, national origin, marital status or
				  handicap against a student or employee in the state system of public education,
				  as defined in Section
				  1000.05(1),
				  F.S. The following definitions shall apply:
(1) Activity. Any organized academic,
				vocational, athletic, co-curricular or extracurricular pursuit, undertaking or
				assignment conducted under the authority or direction of an institution within
				the state system of public education.
(2) Admission. Selection for part-time,
				full-time, special, associate, transfer, exchange or any other enrollment,
				participation or matriculation, in or at, an education program or activity
				conducted under the authority or direction of an institution within the state
				system of public education.
(3)
				Department. Florida Department of Education.
(4) Discrimination.
(a) Discrimination shall include:
1. Limiting, segregating or classifying
				students, employees, applicants for admission, or applicants for employment, in
				such a way as to deprive individuals of educational or employment opportunities
				or otherwise adversely affect individuals because of their race, sex, national
				origin, marital status or handicap;
2. Denying educational or employment
				opportunities to individuals because of their race, sex, national origin,
				marital status or handicap;
3.
				Providing unequal educational or employment opportunities to individuals
				because of their race, sex, national origin, marital status or
				handicap;
4. Providing
				unnecessarily separate educational programs or activities for individuals
				because of their race, sex, national origin, marital status or
				handicap;
5. Entering into
				contractual or other arrangements which utilize criteria or administrative
				methods which have the effect of subjecting individuals to discrimination or
				which otherwise adversely affect individuals because of their race, sex,
				national origin, marital status or handicap;
6. The application of any policy or
				procedure, or taking of any admission or employment action, that adversely
				affects a qualified handicapped person as a student, employee, applicant for
				admission, applicant for employment, a group of students, or a group of
				employees based on their handicap;
7. The application of any policy or
				procedure, or taking of any admission or employment action concerning the
				potential or actual marital status of a student, employee or applicant for
				admission or employment that adversely affects a student, employee, applicant
				for admission, applicant for employment, a group of students or a group of
				employees on the basis of potential or actual marital status, or on the basis
				of head of household or principal wage earner status; however, reasonable
				practices prohibiting nepotism shall not constitute marital status
				discrimination;
8. The application
				of any policy or procedure, or taking of any admission or employment action,
				that adversely affects a student, employee, applicant for admission, applicant
				for employment, a group of students, or a group of employees based on ancestry
				or place of birth or of cultural, or linguistic characteristics of a national
				origin group;
9. The application of
				any policy or procedure, or taking of an admission action, that adversely
				affects a student, or applicant for admission, belonging to a national origin
				minority group, unnecessarily based on limited-English-language
				skills;
10. The application of any
				policy or procedure, or taking of any admission or employment action, that
				adversely affects a student, employee, applicant for admission, applicant for
				employment, a group of students, or a group of employees based on their
				race/ethnic category;
11. The
				application of any policy or procedure, or taking of any admission or
				employment action, that adversely affects a student, employee, applicant for
				admission, applicant for employment, a group of students, or a group of
				employees based on their gender.