By: Sharon Perry Fantini, Ph.D., Partner, TNG
The Importance of Upholding Title VI Compliance
Civil rights has always been at the core of ATIXA’s mission. Our newest day-long certification trainings, Title VI Compliance Foundations for Educational Settings and Free Speech and Responding to Protests and Activism in Educational Settings, are natural extensions of this commitment. These courses demonstrate our dedication to providing comprehensive education on civil rights compliance, in our customary engaging style of integrating historical and legal contexts with practical applications.
Practitioners are increasingly navigating concerns related to Title VI, which addresses race, color, and national origin, as well as discrimination that occurs based on shared ancestry and ethnic characteristics. By incorporating these essential courses into our curriculum, we have created a clear learning pathway that empowers practitioners to grasp the legal requirements of Title VI while fostering educational environments that encourage civil discourse and discourage distractions from institutional and school missions.
Meriting the Same Attention as Title IX
Given the ongoing tensions and protests on college campuses and in schools, formulating strategies that uphold free speech while adhering to Title VI is timely and crucial. ATIXA has consistently advocated for training professionals to understand the nuances and framework of Title VI and how it both mirrors and differs from Titles VII and IX. While Title VI has existed since the Civil Rights Act of 1964, it has recently gained significant attention based on conflict in the Middle East and the ways that conflict is spilling into U.S. schools and colleges. Unlike the explicit Title IX guidance in the 2011 Dear Colleague letter and the 2020 and 2024 Title IX Regulations, Title VI has yet to offer the same level of guidance on what the government expects us to do, how we should respond, and what training we should undertake. While there currently isn’t a formal guidance document, the Department of Education’s Office for Civil Rights (OCR) has slated December 2024 for the release of a Notice of Proposed Rulemaking (NPRM) to amend Title VI and OCR’s enforcement responsibilities for cases involving discrimination based on shared ancestry or ethnic characteristics.
Title VI guidance is outlined in the statute, executive letters, federal court cases, and Office for Civil Rights (OCR) resolutions. Combined, these artifacts provide a trail of breadcrumbs for what schools and institutions should do to achieve compliance. While we don’t yet have federal regulations, ATIXA looks forward to providing clear guidance to schools and institutions looking to develop or improve their Title VI compliance procedures and practices based on the various executive letters, court cases, and resolutions. Some have suggested that Title VI’s trajectory may come to resemble Title IX’s post-2011, and schools would do well to anticipate similar needs, resources, and infrastructure.
Expanded Scope for Practitioners
The civil rights landscape is evolving, with a growing demand for Title VI Coordinators and investigators. There has been a rise in standalone Title VI Coordinator roles and in combined Title IX and VI positions. Title IX Coordinators may need to expand their focus to include Title VI or help establish Title VI offices, coordinators, and procedures. Higher education and K-12 practitioners must understand civil rights compliance broadly, positioning them well to navigate recent developments in Title VI.
The systems and processes established for Title IX can be adapted for Title VI, enhancing efficiency and effectiveness in preventing discrimination and addressing complaints. Adapting the Title IX complaint resolution framework to non-sex-based contexts may be essential and offer valuable consistency to civil rights resolution processes.
Practitioners need access to the right tools and resources for guidance. ATIXA is committed to meeting that need and recognizes that many Title IX practitioners are stressed, overworked, and under-resourced. This awareness drives our commitment to train and equip the field well to address additional responsibilities that may arise.
ATIXA courses offer more than mere presentations or lectures. Trainings offer interactive, exploratory, and thought-provoking dialogue. ATIXA provides resources to ensure continued engagement with the material long after the training. For continued support, our ATIXA member listserv is an invaluable network, offering a platform for ongoing questions and guidance.
Advantages of Enrollment
Attendees in the Title VI Compliance Foundations for Educational Settings course will:
- Gain a comprehensive understanding of Title VI, including the laws, OCR resolutions, and executive orders that define it.
- Learn to effectively communicate compliance obligations to stakeholders across the campus or district.
- Develop mechanisms for prevention education and policy revision to reduce the need for formal complaints and address instances of discrimination.
Attendees in the Free Speech and Responding to Protests and Activism in Educational Settings course will:
- Build confidence in proactively addressing conflicts around free speech within educational environments.
- Empower the school, district, or campus community to engage meaningfully, openly, and respectfully on controversial issues while upholding a productive learning environment.
- Assess how to balance protestors’ rights with the need for safety, maintaining order, and protecting the educational environment from hostile environments.
We recommend incorporating these courses into your schedule, either in person at the Winter Symposium in Henderson, NV January 27-31, 2025 or virtually, starting in March 2025. ATIXA faculty can also customize these courses and lead private training at any school, district, or institution.