Home > Uncategorized > ACLU letter finds choice/charter questions “likely” violate several Federal statutes

ACLU letter finds choice/charter questions “likely” violate several Federal statutes

March 30, 2014

A February 27 letter from the Wilmington ACLU notes that certain questions asked on applications for Delaware charters, Vo-Techs, and other choice schools are likely in violation of Federal statutes:

The questions probably lead to a disparate effect on groups who are protected by two federal statutes, Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973. Since there is no need to ask those questions during the admissions process, it is likely that asking them violates both statutes.

This is in contrast to a memo from the Delaware Attorney General’s office, which did not find any legal prohibition against the same set of questions. The ACLU letter notes of the AG memo:

The memorandum recognized the regulations under Title VI and Section 504 that require data collection, but did not consider the federal regulations at 34 C.F.R. § 100.3(b)(2) and 28 C.F.R. § 41.51(b)(3)(i), which prohibit questions that have a disparate effect on protected groups

The Enrollment Preferences Task Force received the letter from the ACLU, and it was distributed at the March 24 meeting of the task force. Here it is:

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  1. March 31, 2014 at 11:25 am

    My momma picks watermelons in the summer time. Does this mean I can’t go to a charter school?

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