Career-technical education is a vital part of Ohio’s system of public education for students in grades seven through twelve. As public education entities that receive federal funds, CTCs are prohibited from discriminating against their students on the basis of a protected class. The Civil Rights Act prohibits discrimination on the basis of race, color, and national origin; Title IX prohibits discrimination on the basis of sex; while Section 504 and the ADA prohibit discrimination based on disability.
This duty under Federal law also prohibits CTCs from working with private entities that discriminate. But are all standards for private employers the same as they are for public education? And if not, what kind of impact may that have on Ohio students working in internships and co-ops with private business partners through their CTC programs?
These issues might commonly come up in the admissions/hiring process. Federal law requires that public schools provide equal access to any career and technical programs that they offer. However, vocational programs may impose criteria that are “essential for participation” in a particular program even if it has the effect of disproportionally excluding persons of a protected class. Standards for a private employer is different. Private employers do not have to hire an employee if their disability prevents them from performing the “essential functions” of the job even with reasonable accommodations, or if hiring them would pose a significant risk to the health and safety of others in the workplace. This is particularly important for students with disabilities. Schools must provide equal access to career tech programs, but private employers may permissibly turn down a student for an internship or co-op position based on the nature of the particular program and the extent of that student’s disability.
Other areas where CTC programs and private business partners may clash are connected to employer rights. Employers generally have the right to set reasonable work expectations, establish workplace policies, and discipline employees for misconduct. Private employers are not required to yield to the CTC if the two have conflicting policies on a particular issue. For example, an employee may allow ICE agents to enter their property to arrest someone with an administrative warrant, even though school policy may not. Or a private employer may discipline a student with disabilities for violating company policy and have a much lower risk of liability for discrimination. These potential differences need to be considered when determining which outside business partners a CTC should work with, as well as what options might be a good fit for a student, and both the student and their parents should be informed of the potential impact on a student’s rights as part of their participation in the program.
What does this mean for your district? We must recognize that business partners are often playing by their own rules, even if school districts and their students are typically given special protections under state and federal law. Private employers, despite being part of a career tech program, often have significant control over how they handle their business. Control that may be used against our students in a way that a CTC typically would not, or legally could not, do. This is not to say that districts should avoid working with private business partners, but we should strive to ensure that all participants are informed citizens, and the fact of the matter is that students and staff need to know that these premises are not under the CTC’s control.