It’s admissions time! For CTCs, admissions staff are busy processing applications and making plans for the incoming class for 2023-2024. This is also a great time of year to remind staff about a CTC’s obligation to ensure that programs are accessible to all students, including students with disabilities and students from special populations who may be underrepresented in career tech programs. Federal Grant Programs such as Perkins V, as well as civil rights laws, require careful review of data to determine whether all populations are fairly served. 

The admissions process is a critical step in providing equal access, so much so that the federal government has created “special” rules for vocational school program providers. This makes some sense, because a traditional K-12 school district does not have an admissions process since they are generally required to enroll all eligible students who reside in their districts.

These special vocational rules, codified in 34 C.F.R. Appendix B to Part 100, establish specific guidelines for vocational school admissions. The rules expressly prohibit a vocational school or program from using any type of criteria that disproportionately excludes individuals of a particular race, color, national origin, sex or disability (collectively, these are referred to as “protected classes”). Vocational program operators have the burden of demonstrating that any criteria which is used as a gate in admissions have a valid purpose.

Theoretically, it is not the end of the road even if the school’s criteria for admission to programs has a disproportionate impact on a protected class. According to the regulation, a school still may be able to use the criteria if it can prove that it is essential, and there is no alternative, equally-valid criteria that may be used. In practice, however, it is very difficult to meet this burden and justify criteria that has such a disproportionate impact on a protected class.

Because of this, most CTCs in Ohio have transitioned to using a lottery system, with the only “criteria” being a limit on the number of credits in which a student may be deficient for graduation, since the lab takes up so much of the student’s schedule and it becomes difficult to make up credits after enrollment to remain on track to graduate.

The justification for lottery systems is apparent when you consider how common criteria might pose inequitable enrollment barriers. For example, many CTCs used student interviews as part of their admissions process, especially for competitive programs where there were frequently more applicants than seats in the program. As state and federal officials analyzed the legality of this criteria, they began to conclude that in-person interviews pose a risk for human bias to enter the picture.

For example, if a student in a wheelchair applies for a program such as auto mechanics, which involves a lot of physical activities and that student attends an interview, admissions staff who meet the student may assume that the student has physical limitations which prevent them from fully participating. As a result, they may be less inclined to approve the student’s application, even though the student may very well be successful in the program with appropriate accommodations and modifications.

Similarly, other criteria such as GPA, discipline, and attendance may have disproportionate and negative impacts on protected classes. Applying such criteria is often difficult to defend, because they do not always present a clear link between the curriculum and class requirements of the lab with a student’s ability to participate effectively in the vocational program.

When we talk about “success,” it is important to understand that a career technical program in Ohio must provide equal access to all students who reside in the CTC’s territory. This is a mandate under both state and federal law, including Appendix B as well Ohio Revised Code §3311.19. These laws do not strictly focus on outcomes, but rather are more about access.

In some circumstances, “success” for a particular student may be that they participate in a lab, but do not earn any industry certifications or credentials like their peers. This may be a difficult concept for staff to understand, especially since programs are rated and judged by such factors as the number of students who receive credentials and who successfully enter their chosen fields after graduation.  

The Ohio Department of Education is tasked with assisting the U.S. Department of Education’s Office for Civil Rights in ensuring that Ohio CTCs remain compliant with Appendix B and other civil rights laws and regulations. In the past few years, ODE has taken an active role in reviewing the admissions process of CTCs through things such as desk audits and complaint reviews. This has triggered statewide conversations about CTC admissions, and many changes have come about because of these conversations.

If you have questions about your admissions process or if you might be facing a program review in the near future, it is important to contact legal counsel who is conversant with the particular needs of career-technical education for further discussions and consultation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As we head into a new year, many joint vocational school districts are welcoming new members to their governing boards. This can be an exciting time, with opportunities to meet and work with fresh faces and new ideas. This might also present some unanticipated challenges regarding appointment of new members, thanks to somewhat “recent” changes in the law over the past few years that have modified the qualifications for an individual to serve on a joint vocational school district board.

Back in 2017, the legislature amended the language in the statute which governs the appointment and qualifications of JVS board members. Under the amended version of R.C. 3311.19, an individual who is a current elected member of the appointing school district board of education is no longer required to have specific business and industry experience or knowledge. They simply must be current members of their appointing board.

You may recall that a previous version of the law amended in 2013 declared a current school board member was required to “have experience as chief financial officers, chief executive officers, human resources managers, or other business, industry, or career counseling professionals who are qualified to discuss the labor needs of the region with respect to the regional economy” in order to serve. Those individuals were further expected to represent employers in the region with knowledge of the state’s workforce needs. Again, now they simply must serve on the appointing board and if they do not, meet alternative qualifications.

There is a second group of candidates who are not currently serving on the appointing school district’s board but who qualify for service if they have “experience or knowledge regarding the labor needs of the state and region with an understanding of the skills, training, and education needed for current and future employment opportunities in the state.” Well appointing new members, preference may be given to an individual who serves on the JVS business advisory council but this is not a requirement.

The statutory language provides broader discretion to an appointing board of education in selecting the JVS board representative for their district than were found in the 2013 amendments. It also means that boards may be drawing from a more diverse pool of candidates, some of whom may have little or no experience serving on a school board or even in a public office. As a result, it is important to prioritize training for new JVS board members to onboard them more quickly in areas such as Sunshine Law compliance, board meeting rules of order, the structure and function of the JVS as an entity, its mission, vision, services and programs, policies and more.

Joint Vocational Schools should also communicate with appointing districts so they are aware of the qualification requirements for the appointment of new JVS members. By appointing an individual, the appointing school boards are expected to be aware of the JVS board member qualifications and by their action to appoint, are certifying that the appointees meet them.

The final change in the law from 2017 worth mentioning is the elimination of term limits. Under prior law, JVS board members could serve no more than two consecutive three-year terms. This limit no longer exists, and members may presumably serve an unlimited number of three-year terms.