Coalition Statement

The 21st Century Guidance Must Specify the New Civil Rights Standards

March 1, 2002

The Honorable Roderick R. Paige
Secretary, U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202

Dear Secretary Paige:

We, the undersigned education, civil rights, religious and civil liberties organizations, appreciate the opportunity to submit comments on the 21st Century Community Learning Center guidance. We believe the guidance, in its current form, omits critical information on civil rights standards that now apply to 21st Century Community Learning Centers under the .No Child Left Behind Act of 2001.

The 21st Century Guidance Must Specify the New Civil Rights Standards

Primarily in recognition of the changes made to the 21st Century Community Learning Center and Supplemental Services programs, Congress inserted explicit civil rights language into the No Child Left Behind Act of 2001. These civil rights protections were essential, given the structure of these programs, in which nongovernmental groups would be contracting with government to perform educational services. The provision in the statute reads as follows:

SEC. 9534. CIVIL RIGHTS.

(a) IN GENERAL- Nothing in this Act shall be construed to permit discrimination on the basis of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amendments of 1972), national origin, or disability in any program funded under this Act.

These civil rights protections are critical to protecting the rights of students in these programs and the employees of the program. It upholds a fundamental civil rights principle: not only should Americans be free from discrimination by the government itself, but we also must have the assurance that the government is not allowing federal dollars to be used to support discrimination. This principle has been in place for over 60 years, since President Franklin D. Roosevelt issued the first executive order barring federal funds going to defense contractors that discriminate.

The exclusion of these civil rights protections in the guidance is very troubling, and hopefully an oversight. We respectfully request that the guidance be modified to put potential grantees on notice of the civil rights standards that attach to these funds.

Sincerely,

American Association of University Women
American Civil Liberties Union
American Counseling Association
American Federation of State, County and Municipal Employees
Americans Federation of Teachers
American Humanist Association
American Jewish Committee
American Jewish Congress
Americans for Religious Liberty
Americans United for Separation of Church & State
Anti-Defamation League
Council of Chief State School Officers
Friends Committee on National Legislation (Quaker)
Gay, Lesbian and Straight Education Network (GLSEN)
Hadassah, the Women's Zionist Organization of America
Leadership Conference on Civil Rights
Mexican American Legal Defense and Educational Fund (MALDEF)
NAADAC, The Association for Addiction Professionals
National Council of Jewish Women
National Education Association
National PTA
NOW Legal Defense and Education Fund
People for the American Way
Presbyterian Church (U.S.A.), Washington Office
Service Employees International Union (SEIU)
The Atheist Alliance International
The Coalition for the Community of Reason
United Church of Christ, Justice & Witness Ministries
Unitarian Universalist Association of Congregations

Legislative Representative
Americans United for Separation of Church and State

Coalition Statements