DOCUMENT RESUME CG 023 240 ED 329 869 The Guidance Counselor's Role in Ensuring Equal TITLE Educational Opportunity. Office for Civil Rights (ED), Washington, DC. INSTITUTION PUB DATE 91 NOTE 16p. Guides - Non-Classroom Use (055) -- PUB TYPE Legal/Legislative/Regulatory Materials (090) MF01/PC01 Plus Postage. EDRS PRICE *Civil Rights; *Civil Rights Legislation; DESCRIPTORS *Counselors; Disabilities; *Federal Aid; Females; Guidance Programs; Minority Groups; Secondary Education; Social :A3tion; Social Discrimination *Rehabilitation Act 1973 (SeL:cion 504); *Title IX IDENTIFIERS Education Amendments 1972 ABSTRACT This pamphlet summarizes the requirements pertain. 1g to counseling practices contained in the implementing regulations for Title VI of the Civil Rights Act of 1964, Title IX of Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973. Also, this pamphlet reviews policies and practices which have been adopted by some school systems to ensure equal educational opportunity for beneficiaries of the statutes. After an introductory discussion of the critical role of the counselor, the following (1) nondiscrimination in counseling under Title topics are addressed: (2) nondiscrimination in counseling under Title IX; VI; (3) nondiscrimination in counseling under Section 504; and (4) counseling special population groups. The latter section summarizes programs and initiatives to meet the special guidance and counseling needs of minority, women, and handicapped students that go beyond preventing/remedying discrimination and may be applicable to other school systems. These include establishing bias-free materials, early intervention programs, hands-on counseling, expanded knowledge of career opportunities, cooperation with business, cooperation with colleges and universities, cooperation with parents, and inservice training. A counseling checklist is included, along with addresses of regional Civil Rights offices. (BHK) ***************a***********************W***************************** Reproductions supplied by EDRS are the best that can be made from the original document. *********************************************************************** EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) el This document has Oeen reproduced as weived Prom the prerson or organization 8 6 9 ED 3 29 originating it ID Mmor changes have been made to improve reproduction quality Points ot view or opinions stated in Rua dOCu- offvers1 ment do not neCeSurily represent OERI position or policy a a /111 wo I A an k EL. k A A A al .ir 2 CG023240 THE GUIDANCE COUNSELOR'S ROLE IN ENSURING EQUAL EDUCATIONAL OPPORTUNITY uf Education It' S. Department Office for Civil Rights Washington, D.C. 202024328 3 INTRODUCTION of Educa- The Office for Civil Rights, Department principally for coun- tion, prepared this pamphlet that have pro- selors who serve in school systems receive Federal financial grams or activities that the re- assistance. The pamphlet summarizes practices con- quirements pertaining to counseling for Title VI tained in the implementing regulations IX of Educa- of the Civil Rights Act of 1964, Title Section 504 of the tion Amendments of 1972, and Rehabilitation Act of 1973. the basis of Title VI prohibits discrimination on national origin in any program or race, color, or assistance; Title activity receiving Federal financial the basis of sex in IX prohibits discrimination on Federal education programs or activities receiving prohibits financial assistance; and Section 504 handicap in pro- discrimination on the basis of receiving Federal financial grams or activities Education (ED), Of- assistance. The Department of responsible for en- fice for Civil Rights (OCR), is that forcing these laws in programs or activities receive assistance from ED. and practices This pamphlet also reviews policies which have been adopted by some school systems educational opportunity for the to ensure equal this beneficiaries of the statutes. in accomplishing is also goal, the fundamental goal of counseling her advancedthat the student develop his or talents to the fullest. additional infor- For copies of the regulations or that serves your mation, the OCR regional office contacted. The ad- state or territory should be civil dresses and telephone numbers of the regional back of the rights offices are included at the pamphlet. 4 CRITICAL ROLE OF THE COUNSELOR The counselor at the secondary school level assumes a number of roles, all important and potentially critical in affecting a student's future. These roles relate in a major way to academic preparation and planning but they also extend to mental health, interpersonal relations, social ad- justment, career planning, and work adjustment. In performing these varied roles, the professional commitment of the counselor is directed at pro- moting the fullest development of each individual. A variety of barriers has acted to limit this ideal with respect to minorities, women, and handi- capped students. These are reflected in the most recent national education statistics. For example, the reading proficiency of minority students, while advancing, is in need of further improvement. The high school completion rates for blacks and Hispanics lag far behind those of white students. Enrollment of minority students in higher educa- tion programs is substantially below that of white students. Women and minorities continue to be underrepresented in engineering, mathematics, and other scientific and technical fields. The challenge is to provide counseling services that improv e and expand the service delivery to mi- norities, women, and handicapped students and thereby help to ameliorate these conditions. This means that a counselor needs to have an under- standing of how to recognize discrimination and other barriers to equal educational opportunity before he/she can take the appropriate steps to address these barriers enabling all students to develop to their fullest. NONDISCRIMINATION IN COUNSELING UNDER TITLE VI Title VI of the Civil Rights Act of 1964 protects students from discrimination based on race, color, or national origin in programs or activities receiv- ing Federal fina.icial assistance. 5 2 The ED regulation for Title VI contains a general prohibition against denying or restricting any service or providing any service in a different manner from that provided to others. It would be a violation for a counselor to direct or urge any student to enroll in a particular career or program, or measure or predict a student's prospects for suc- cess based on race, color, or national origin. School systems also must ensure that students with limited-English language skills receive effec- tive counseling. Counseling materials and activities (including student program selection and career/ employment selection) must be bias-free. NONDISCRIMINATION IN COUNSELING UNDER TITLE IX Title IX of the Education Amendments of 1972 pro- tects students from discrimination based on sex in programs and activities receiving Federal finan- cia! assistance. The ED regulation for Title IX contains a specific prohibition against discrimination in counseling or guidance of students. The requirements of the regulation are summarized below. Appraisal and Counseling Materials A counselor may not use different materials in testing or guidance based on the student's sex unless this is essential in eliminatiny bias and then, provided the materials cover the same occupations and interest areas. Testing Instruments Where use of a particular test or other instrument results in disproportionate number of members of one sex in any course of study or classification, a school must make sure the instrument is not discriminatory or administered in a discriminatory manner. 6 3 Internal Control Schools are required to develop and use internal procedures for ensuring that materials for apprais- ing or counseling students are nondiscriminatory. Disproportionate Classes If a school finds that a particular class is dispropor- tionately male or female, it must make sure this situation did not result because of sex-biased counseling or the use of discriminatory counsel- ing or appraisal methods. NONDISCRIMINATION IN COUNSELING UNDER SECTION 504 Section 504 of the Rehabilitation Act of 1973 protects students from discrimination based on handicap in programs and activities receiving Federal financial assistance. Under the Section 504 regulation: A school system must provide counseling and guidance services in a nondiscriminatory manner. Equal opportunity must be afforded handi- capped students to participate in counseling services. For example, counselors must be able to communicate effectively with students who have hearing impairments. (This requirement may be satisfied by having interpreters available.) Hand:capped students must not be counseled toward more restrictive career objectives than are nonhandicapped students with similar in, terests and abilities. 4 t-, COUNSELING SPECIAL POPULATION GROUPS The civil rights statutory and regulatory require- ments prohibit counselors, as agents of recipients of Federal financial assistance, from engaging in unlawful discriminatory practices. Some school systems have gone beyond the issue of prevent- ing/remedying discrimination by initiating pro- grams to meet the special guidance and counsel- ing needs of minority, women, and handicapped students. The programs which have been instituted may be applicable to of her school systems to sup- port counselors in ensuring equal educational ,-)p- portunity and improving counseling services br special target groups. This section summariz ts several of these programs and activities. Establishing Bias-Free Materials Counselors can work with teachers to review career education and curricular materials to en- sure they do not create or perpetuate stereotypes or limitations based on race, color, national origin, sex, or handicap. Some schools are using mate- rials that portray males or females, minorities or handicapped persons in programs and occupations in which these groups traditionally have not been substantially represented. Others are encouraging teachers to include biographical readings about men and women, minorities, and handicapped persons in careers in which they ar 2 traditionally underrepresented. In some school systems, coun- selors are given training in identifying subtle and overt bias in career materials and in eliminating bias in these materials. Early Intervention Programs These programs aim at early provision of counsel- ing services for students who express interest in pursuing postsecondary education. In some school districts with high enrollment of minority students, counselors are designated to specialize in the early 5 8 identification and support of students with poten- tial for higher education attainment, Services are . often extended in small group sessions. Other in- tervention programs seek to identify underprepared college-oriented students. In one "college access" program, disadvantaged minority students, be- ginning in ninth grade, are encouraged to meet college admission requirements by placement in more challenging classes than they would have normally taken on their own. Some programs are also attempting to cultivate or stimulate greater interest in nontraditional academic areas and careers for minorities, women, and handicapped students during the intervention process. In some states, school systems are receiving the support of State education agencies in developing com- prehensive and coordinated pupil service programs (including social work and psychological services and health care) in support of their early interven- tion activities. Hands-on Counseling Recent research suggests that low-income mi- nority students are least likely to receive adequate counseling on higher education opportunities. Other research is reporting that intensive "hands- on" counseling is most effective. In one inner city high school, where 75 percent of students are from families receiving public assistance, counseling has been made central to student development. Students (90 percent are from minority groups) are provided numerous opportunities to visit colleges, meet informally with a wide range of college recruiters and use school telephones to make long distance inquiries to colleges throughout the coun- try. Since 1981, approximately 70 percent of the school's graduates have enrolled in higher educa- tion programs. A critical issue for many minority students from low income families is financial aid. In response to this problem, some school counseling programs are providing financial aid workshops for students 9 6 and parents. In one high school that enrolls a high proportion of minority students from low income families, counselors are available to review any stu- dent's application for college admission and finan- cial assistance before it is submitted to an institu- tion. In another high school that enrolls a high proportion of language minority students, informa- tion on the availability of financial aid is com- municated to these students and their parents in the language they understand. Some counselors also are making efforts to advise minority and han- dicapped students of special services programs established at certain colleges and universities. 7hese programs aim at facilitating academic ad- justment and increasing the retention of minority and handicapped students. Expanded Knowledge of Career Opportunities In order to avoid "steering" minorities, women, and handicapped students toward more restrictive career objectives, many counselors require up- dated information about the dynamics of the labor force. Certain school districts are establishing pro- grams to ensure that counselors are apprised of the most recent occupational outlook data. Some schools arrange workshops so that employers can present information to counselors on emerging op- portunities in new fields. These sessions also allow counselors to gain first-hand understanding of de- velopments and occupational forecasts in specific industries and organizations. In turn, counselors can disseminate this information to students so they can consider a broader range of options. Cooperation with Business There are other ways to involve the resources of the business community. Some schools arrange for minority, women, and handicapped role models from occupations in which these groups tradi- tionally have been underrepresented (e.g., female 1 0 7