July 24, 2014 Superintendent 9510 Elk Grove-Florin Road
July 24, 2014Dr. Steven M. LaddSuperintendentElk Grove Unified School District9510 Elk Grove-Florin RoadElk Grove, California 95624(In reply, please refer to case number 09-11-5002.)Dear Superintendent Ladd:This letter confirms the resolution of the above-referenced compliance review that the U.S.Department of Education (Department), Office for Civil Rights (OCR), San Francisco Officeinitiated on March 9, 2011. OCR conducted this compliance review pursuant to Title VI of theCivil Rights Act of 1964 (Title VI), 42 U.S.C. §§ 2000d et seq., and its implementing regulationat 34 C.F.R. Part 100, which prohibit discrimination on the basis of race, color, or national originin programs and activities receiving financial assistance from the Department. The District is arecipient of financial assistance from the Department and therefore is subject to Title VI and theregulation.The compliance review assessed whether the Elk Grove Unified School District (District)provides African American students with equal educational opportunities to participate in collegeand career ready programs and courses, including the District’s Gifted and Talented Education(GATE) programs and Advanced Placement (AP) and honors courses. This letter summarizesthe applicable legal standards, the relevant factual information OCR gathered during the review,and the case resolution.OCR determined that the evidence obtained during the review established that the District’spolicies and procedures for identifying GATE students, and for enrolling students in middle andhigh school honors and AP courses, have an unlawful disparate impact on African Americanstudents in violation of Title VI. OCR further determined that the evidence did not establish thatthe District intentionally treated African American students differently than similarly situatedstudents on the basis of their race with respect to the programs examined during this review.The District has worked collaboratively with OCR throughout this review to provide requestedinformation, and to address the compliance issues OCR has identified. In order to ensure equaleducational opportunities for African American students and to address the compliance concernsdetailed in this letter, the District has initiated a series of remedial actions, described in theattached Resolution Agreement (Agreement), including taking steps prior to entering into thisAgreement.
Page 2 - (09-11-5002)I.Jurisdiction and Legal StandardThe applicable standards for determining compliance are set forth in the regulation implementingTitle VI, at 34 C.F.R. § 100.3(a), (b)(1) and (2). Section 100.3(a) provides that no person shall,on the ground of race, color, or national origin, be excluded from participation in, be denied thebenefits of, or be otherwise subjected to discrimination under any program operated by arecipient. Section 100.3(b)(1) prohibits a recipient, on the ground of race, color, or nationalorigin, from denying an individual a service or benefit of a program; providing different servicesor benefits; subjecting an individual to segregation in any matter related to the receipt of aservice or benefit; restricting an individual in any way in receiving a service or benefit; treatingan individual differently in determining whether s/he satisfies any admission or eligibilityrequirement for provision of a service or benefit; and, denying an individual an opportunity toparticipate in a program or affording her/him an opportunity to do so which is different from thatafforded to others. Section 100.3(b)(2) prohibits a recipient from utilizing criteria or methods ofadministration that have the effect of subjecting individuals to discrimination because of theirrace, color, or national origin.The administration of how students participate in educational programs can result in unlawfuldiscrimination based on race in two ways: first, if students are subject to different treatmentbased on their race and, second, if a policy is neutral on its face and administered neutrally buthas a disproportionate and unjustified effect on students of a particular race.II.BackgroundThe District is located in southern Sacramento County, and has thirty-nine elementary schools,nine middle schools, nine comprehensive high schools, four alternative education schools, onecharter school, one special education school, and a virtual academy. According to OCR CivilRights Data Collection (CRDC) data, in 2011-2012, the District was the fifth largest schooldistrict in California, and the largest in Northern California, serving 62,278 students.1 In 20112012, the District also had the fifth largest African American student population in California,with 9,756 students, or 15.7% of the District’s student population. Asian students (16,548)accounted for 26.6% of the District, while Hispanic students (16,128) were 25.9%, whitestudents (14,520) were 23.3%, students of two or more races (3,840) were 6.2%,Hawaiian/Pacific Islanders (1,134) were 1.8%, and American Indian or Alaskan Native students(352) were less than 1% of the District. The 2011-2012 CRDC data reflected significant racialdisparities in the identification of African American students compared to the identification ofwhite students.District enrollment data for the 2010-2011 school year, the time the OCR review was initiated,reflected a total student population of 62,416 students. As shown in the charts below, AfricanAmerican students accounted for 16.3% of the District enrollment but only 5.5% of students inGATE and 10.5% of students in AP courses; white students constituted 24.1% of the totalenrollment but 39.4% of students in GATE and 29.3% of students taking an honors or AP1Unless otherwise noted, OCR analyzed student enrollment, GATE identification rates, and AP and honorsenrollment for grades three through twelve because students in kindergarten through second grade are not eligible toparticipate in GATE or AP or honors programs.
Page 3 - (09-11-5002)course. African-American students were underrepresented in AP and honors courses at everymiddle and comprehensive high school in the District.2Chart 1: Elk Grove-Total Enrollment2010-2011White3,477, 6%305, 0%362, 1%3,194, 5%African AmericanHispanic1,099, 2%15,032, 24%AsianPacific Islander/ HIFilipino12,952, 21%American IndianTwo or More10,145, 16%Not ReportedTotal: 62,41615,850, 25%Chart 2: Elk Grove-GATE Enrollment2010-2011White15, 0%296, 8%187, 5%39, 1%1,473,39%AfricanAmericanHispanicChart 3: Elk Grove-Students Taking 1 orMore Honors or AP Course 2010-201137, 0%766, 7%198, 2%White389, 4%3,103,29%AsianAsianPacificIslander/ HIFilipino1,129,30%205, 6%393, 11%AmericanIndianTwo or MoreTotal: 3,737AfricanAmericanHispanicPacificIslander/ nTwo or MoreTotal: 10,608With respect to participation rates, the District data showed that white students were the mostlikely of any racial group to be enrolled in GATE, while African American students were theleast likely to be enrolled in GATE. The data showed that 12.9% of white students enrolled ingrades three through twelve in the District were enrolled in GATE programs while only 2.6% ofAfrican American students enrolled in grades three through twelve in the District were enrolledin GATE programs.2Chart 1 reflects the District’s total enrollment for 2010-2011, as reported to the California Department ofEducation. Charts 2 and 3 reflect data provided by the District to OCR.
Page 4 - (09-11-5002)With respect to participation in honors and AP courses, according to the 2010-2011 dataprovided by the District, white students were approximately two times more likely to be enrolledin one or more honors course in middle school. While 51.4% of white middle school studentswere enrolled in honors courses, just 26.3% of African American middle school students wereenrolled in honors courses. Similarly, white students were also nearly two times more likelythan African American students to be enrolled in honors or AP high school courses. While15.2% of African American high school students were enrolled in one or more honors courses,28.5% of white students were enrolled in one or more honors course. While 13.3% of AfricanAmerican students were enrolled in one or more AP course, 25.2% of white students wereenrolled in one or more AP course.III.InvestigationDuring the investigation, the OCR case team reviewed publicly available information about theDistrict as well as data and information provided by the District, including: data on GATE, honors, and AP participation;GATE and honors and AP eligibility criteria;GATE identification and referral practices;parent outreach materials;internal reports regarding racial disparities in GATE and honors/AP and documentationrelated to the District’s previous efforts to address such disparities;standardized test scores and other achievement data; and,professional development and training provided to District and school-site staff.The case team conducted fifteen on-site visits, including two visits to the District’sadministrative offices, six elementary school visits, four middle school visits, and three highschool visits. For the thirteen school sites visited, OCR reviewed specific school-site policiesand practices, data on GATE, AP/honors classes, other college and career readiness programs,and information about parent outreach for the programs.At the District level, OCR interviewed the Learning Support Services (LSS) Department’sProgram Specialist who oversees the GATE program (District GATE Coordinator), GATEcommittee members, Associate Superintendents for Elementary and Secondary Education, andthe District’s Head Counselor. During each elementary school visit, the case team interviewedthe principal, vice principal, GATE coordinator, third and fourth grade regular classroomteachers and, where applicable, third and fourth grade teachers in self-contained GATE/accelerated classes. During each secondary school visit, the case team interviewed the principal,vice principal, counselors, AP/honors coordinator, AP/honors teachers in science, mathematics,English, and social studies, and where applicable, the coordinators of the Advancement ViaIndividual Determination (AVID) Program3 and specific high school academies. In addition, thecase team conducted eight focus groups with African American AP/honors, AVID, and general3AVID targets students in the “academic middle” who have the desire to go to college. The program placesacademically average students in advanced classes and provides them with an elective class that prepares them tosucceed in rigorous curricula, enter mainstream activities in school, and increase their opportunities to enroll in fouryear colleges. See http://www.avid.org/abo whatisavid.html.
Page 5 - (09-11-5002)education students, and eight focus groups with comparator non-African American students. Thecase team also met with representatives from a local parent advocacy group.IV.GATE Investigative Findingsa.GATE ProgramThe District provides GATE programs for students in grades three through twelve. According tothe District, the purpose of the GATE program is to provide high quality instruction,acceleration, and differentiated curriculum for students who are identified as having abilitiesand/or potential for high performance.4 At the elementary school level, the GATE programconsists of classes composed of all GATE/accelerated students, cluster groupings in regularclasses, and differentiated learning in regular classes. Similarly, at the middle school level, theGATE program also consists of cluster groupings, differentiated instruction in regular andhonors classes. There are no GATE classes or specified GATE program at the high school level.GATE identification remains in a student file; in some instances GATE students may berecruited to enroll in academically rigorous honors and AP courses. At all levels, GATEstudents participate in academic competitions and extracurricular activities, such as academicdecathlons, honor society, robotics club, and Math, Engineering and Science Achievement(MESA) program.Each elementary school site has a GATE Coordinator whose primary responsibilities arereferring students for relevant testing, providing information to teaching staff and parents, andsubmitting GATE referral forms to the District for review and approval. The District GATECoordinator is responsible for ensuring that all GATE identified students receive appropriateservices, serves as the liaison to sites and parents, monitors and refers students for GATEidentification, handles communication related to GATE programs and services, and conducts anannual program evaluation. The District GATE Coordinator also serves on the District’s GATEreview committee, which reviews GATE referral forms submitted to the District and determineswhether a student should be GATE identified.The District stated that California’s budget crisis has had a significant impact on the scope ofactivities offered through the GATE program. Under changes in state funding beginning in2009-2010, state funds that had previously been specifically designated for GATE programswere consolidated into the District’s general operating budget, resulting in elimination of severalcomponents of the GATE program, including stipends and trainings for school-site GATECoordinators, funding for District-wide GATE advisory meetings, and funding for GATEspecific extra-curricular activities.b.GATE Eligibility CriteriaSince the 2007-2008 school year, the District has identified students for GATE through twoavenues: automatic qualification based test scores or through a multi-factor eligibility matrix4See http://www.egusd.net/lss/gate.html
Page 6 - (09-11-5002)(Matrix).5 In the first category, students have automatically qualified for GATE through scoringin the top 2% on the California Standards Test (CST)6, or achieving a score of nine on theNaglieri Nonverbal Ability Test (NNAT).7 Students who do not automatically qualify throughtest scores may become GATE identified through scoring points in a combination of categoriesin the Matrix.8 Each avenue is discussed in more detail below.According to the District, the purpose of adopting the Matrix was to provide an equitable basisfor entry into the GATE program based on multiple measures of achievement and potential. TheMatrix has five categories: (1) CST score; (2) NNAT score; (3) Grade Point Average (GPA); (4)Equity, and (5) Accelerated Classroom Performance or Creative Ability/Leadership. Studentsare assigned points in each category and are designated as gifted if they achieve a total of fourpoints. Students may build four points through receiving one point in four different categories,or through receiving all four points in either the CST or NNAT category. Students cannotautomatically qualify solely through points in the non-test based categories. The followingexplains each Matrix criterion:(1) CST Score: Students receive four points in the CST category and are automaticallyqualified for GATE if they score within the top 2% of students on the CST. Studentsreceive one point if they score Advanced on the CST9 in two subjects in the same year, orscored Advanced in the same subject for two consecutive years.(2) NNAT Score: Students are referred to take the NNAT if they score Advanced on theCST. Students receive four points in the NNAT category and are automatically qualifiedfor GATE if they receive a score of nine on a scale of one to nine. Students who do notautomatically qualify based on their NNAT score may still receive a point if they receivea score of eight. Students who score less than eight receive no points under this category.(3) GPA: A student receives one point in the GPA category is if he/she has a GPA of 3.5 orabove.(4) Equity: A student receives one point in the Equity category if she/he is an EnglishLearner, receives free or reduced price lunch, or is in special education.5The District stated that, prior to the 2007-2008 school year, it identified students based on their standardizedachievement test scores, the Naglieri Nonverbal Ability Test, and/or a portfolio assessment of student work. TheDistrict also accepted GATE identification by a prior school district and IQ test scores of 130 and above, whenperformed by a qualified psychologist, as sufficient for GATE identification6The CST was a criterion-referenced test that assessed a student’s achievement level on the California .gov/ta/tg/sr/cefstar.asp. Because of the introduction of the Common Core Standards, the statediscontinued use of the CST at the end of the 2012-13 school year. The state is in the process of adopting a newstatewide assessment system. Because the CST was used during all years included in OCR’s investigation, thisletter refers to the CST.7The NNAT is a nonverbal measure of general ability. It is designed to measure cognitive ability independent oflinguistic or cultural background and is commonly used to identify potentially gifted students for placement inGATE or other accelerated programs. See www.pearsonassessments.com.8Prior to the Matrix, the District identified students as GATE if they scored within the top 2% on the CST orthrough IQ testing.9Advanced was the highest of six scoring levels for achievement on the CST.
Page 7 - (09-11-5002)(5) Accelerated Classroom Performance/Creative Ability or Leadership: A student receivesone point in the Accelerated Classroom Performance category for demonstrating thathe/she is working two grades above grade level, or receives one point for Creative Abilityor Leadership for excelling “in areas outside of academics.” The District has anAccelerated Classroom Performance/Creative Ability or Leadership Policy which sets outthe evaluation standards for this category. The District requires a school site to submitthree work samples that demonstrate that a student meets the standards. The District’sAccelerated Classroom Performance/Creative Ability Policy states that in order to receivea point for accelerated performance, a student’s work samples must clearly andconsistently show evidence of performance above grade level standards, or include adescription of how the work samples demonstrate the student’s ability to handleaccelerated learning through depth and complexity, and show original and independentthought. In order to receive a point for creative ability or leadership, the examplesprovided by the school site must describe how a student has excelled in leadership orcreativity through activities, beyond typical student participation. The District’s GATECommittee then determines whether the work samples/documentation reflect the requisitelevel of acceleration, creativity, or leadership. Students cannot receive a point in bothsub-categories.The District’s online Student Information System (SISWeb) contains student data needed foreach eligibility category in the Matrix. School site GATE Coordinators can access SISWeb andassess how points each student at their site has earned, if any, under each Matrix category.c.GATE Referral and Identification ProcessThe District stated that in practice most students are identified for GATE in elementary school,between grades three and six. The District provided OCR with a GATE Identification andReporting Process flowchart and other documents that describe the process for GATE referralsand identification under the Matrix. OCR also learned how the referral and identificationprocess works in practice with school site GATE Coordinators, the District GATE Coordinator,members of the GATE review committee and other staff.GATE referrals under the Matrix begin with an assessment of the student’s points under theMatrix categories. The District stated that during the fall semester of each school year, schoolsite GATE Coordinators are expected to review student CST scores in SISWeb and refer
Elk Grove Unified School District 9510 Elk Grove-Florin Road Elk Grove, California 95624 (In reply, please refer to case number 09-11-5002.) Dear Superintendent Ladd: This letter confirms the resolution of the above-referenced compliance review that the U.S.
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