Will Your School District Submit its Comprehensive Equity Plan by the Due Date of June 23, 2025?

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By:  Sandra L. Jacques, Esq., LL.M. February 2025

sjacques@njpsa.org

 

The Comprehensive Equity Plan (CEP) requirement is back.  Plans are due by June 23, 2025.  This marks the first time since before the COVID pandemic that school districts will be required to submit a plan.  In this article, we review the major components of the plan and key considerations for school districts moving forward.

Completing the CEP requires a District’s Affirmative Action Officer (AAO) and Affirmative Action Team (AAT) to assess key areas listed within the CEP, and then identify and rectify any policies, programs, or practices that are discriminatory. The CEP is an attempt to ensure that all students have equal access to a high-quality education.  Districts must also file a “Statement of Assurance” each year, verifying that the District is in compliance with NJ Statute and Code.

Although in the years prior to 2016, Districts were expected to assess potential discriminatory issues to maintain compliance with the law, the formal “3 year plan” became effective as of 2016, and was in place when the Covid Pandemic officially began in March of 2020 in the United States.  As with many things, the deadline for completion and submission of the 2020 CEP was continually extended until the January 22, 2025 NJDOE Broadcast (https://tinyurl.com/Jan22-25-CEP-Due-June ) explained that all Districts must submit a completed, Board of Education approved CEP, no later than June 23, 2025 to the Executive County Superintendent.  The new documents necessary to be completed can be found on the NJDOE Comprehensive Equity Plan webpage – https://www.nj.gov/education/equity/cep/ 

The current version of the CEP requires an analysis of 3 key areas within the School District:

1. Board Responsibility – BOE’s are required to adopt, create, and/or revise policies and resolutions that comply with applicable law.
2. Staff Development – Development and training on equity matters is required for all certificated and non-certificated staff.
3. School and Classroom Practices – Provides the equity requirements for Curriculum, Student Access, Guidance and Physical Education/Athletics.

One of the changes to the most recent version of the CEP is that assessing the Business Office/HR Department Practices is no longer a requirement of the CEP.  Alternatively, the Business Office/HR Department are required to adhere to and comply with applicable Labor and Employment laws.  While not having to evaluate the Business/HR Office may make the AAO and AAT’s job of meeting the June 23, 2025 deadline a little easier, it is still advisable, in consultation with your School Board Attorney, to conduct an annual review of the practices, policies and procedures of the Business/HR Departments to ensure compliance with the law.

In order to be compliant with the requirements of the current CEP, there are several actions that must be completed.

Step 1:  Designate the Affirmative Action Officer and Establish the Affirmative Action Team in accordance with N.J.A.C. 6A:7-1.5.  (Appendix A)

This is an annual requirement, and the BOE must provide a Resolution approving the AAO each year.  The AAT requires at least 3 members from diverse stakeholders.  A common mistake made by Districts is having all of the AAT members being people from the same office and/or building.  This is an assessment of the entire District, so who is on your AAT will depend upon the dynamics of your District.  As an example, if you are a K-12 District, there should be representatives from each “level” of school (elementary, middle, high school) as part of the team.  If your District has an athletic program, the Athletic Director would be a great addition to the AAT, and well as the Arts/Music Department Supervisor if applicable.  Without question, someone representing the Special Education Department should also be on the ATT.  All members of the ATT will identify themselves and sign their names to “Appendix A” of the CEP Packet, which is required to be submitted with the CEP to the Executive County Superintendent.

As you will see, there are many areas of inquiry required to complete the CEP. The AAO needs to be able to delegate members of their team and other necessary people, to assist in accumulating all of the necessary information.  This is not something that can be accurately completed by one person in a few days.  Hopefully your District has already appointed the AAO and there is an AAT assembled that has begun gathering the information to complete the CEP – if not, this is something that your District needs to do immediately in order to have a chance of meeting the June 23, 2025 deadline.

Step 2:  Analyze Data to Assess Needs for Achieving Equity in accordance with N.J.A.C. 6A:7-1.4(c)1

Each District is required to assess its needs for “achieving equity in educational activities and programs based on an analysis of data…”  The NJDOE lists a number of resources to be consulted, which include but are not limited to:

  • National Assessment of Educational Progress and State Assessment results, preschool-through-grade-12 promotion/retention data, preschool-through-grade-12 completion rates, and re-examination and re-evaluation of classification and placement of students in special education programs if there is overrepresentation within the protected categories listed at N.J.C.A. 6A:7-1.1(a);
  • Staffing practices; student demographic data; attendance data; quality of program data; the Federally mandated Civil Rights Data Collection; student access to educational activities and programs; discipline; graduation rate, and post secondary enrollment; student, staff and community member interviews; enrollment and scoring in advanced classes; teacher workforce diversity; and stakeholder satisfaction data.

Step 3:  Complete the Comprehensive Equity Plan Needs Assessment (Appendix B)

“Appendix B” is a spreadsheet that is divided into “Tables” which indicate the areas for which the AAO/AAT must provide verification that the District is, or is not, in compliance.  The columns within the spreadsheet state the issue of interest, and are followed by a cell where the AAO answers either “yes” or “no” regarding compliance with the requirements. The next cell requests documentation or evidence to substantiate compliance.  When completing this cell, if BOE policies are listed, the policy title, number and date of adoption and/or revision must also be included.  In addition to BOE policies, other documented evidence could include Purchase Orders/Bills, Meeting Agendas, and Professional Development Documentation, to name a few.  Please remember that the CEP is a PUBLIC document – anyone that knows that it exists can request to see it – most Districts post it on their website.  Accordingly, ensure that there is no violation of FERPA and/or Staff Privacy rights in whatever is posted publicly…  Finally, the last cell for each category requires the identification of any noncompliant school(s) in the District.

The 2025 CEP has been “streamlined”, and although it still addresses the same or similar areas as prior CEP’s, it does not have as many individual “cells” to complete with the Tables. BOE Responsibilities are addressed in Tables 2-4, and seek information including:

Identifying “all forms of prejudice and discrimination in all … activities and programs, practices, curricula, instructional materials and assessments”; Ensure equitable access to all schools, facilities, activities and programs; provide equitable treatment for pregnant and married students; prohibit or eliminate all forms of harassment, including sexual harassment, intimidation and bullying; appointing the AAO; provide staff development; authorize the AAO and team to complete the Needs Assessment and CEP, Annual Statements of Assurance, and the District Performance Review in NJQSAC; collect and analyze “yearly progress data”; inform the community about BOE policies; and investigating and resolving discrimination complaints, grievances and instances … based on the protected categories listed at N.J.A.C. 6A:7-1.1(a).

Staff Development and Training is addressed in Table 5 and seeks information including:

“Provide staff development, which will be open to parents and community members, to identify and resolve problems associated with the student achievement and opportunity gaps and other inequities arising from prejudice on the basis of the protected categories … every school year… for all certificated and non-certificated staff.”

School and Classroom Practices are addressed in Tables 6-13 and seeks information including:

  • School climate and culture and positive learning environment; courses of study including physical education, library materials, technology/software and audio-visual materials; guidance and counseling including harassment, intimidation and bullying (HIB), and grievance procedures; extra-curricular activities and programs; tests/assessments; reduction and/or prevention of under representation of minority and female and male students in all classes, activities and programs; multicultural curriculum and instructional content; ensure the Amistad Commission Curriculum and the Commission on Holocaust Curriculum are taught; and any curriculum required by NJ law regarding the protected class categories.
  • Equity in Student Access including barrier-free access to all school and curriculum facilities; attaining minority representation of students within each school, including racial and ethnic balance within each school which “approximates… overall minority racial and ethnic representation”; refraining from locating new facilities in areas that will contribute to imbalanced, isolated, or racially identifiable school enrollments; and ensuring that students are not isolated or separated on the basis of protected categories… except as permitted by law, “which permits a district, at its discretion, to conduct portions of classes that deal exclusively with human sexuality in separate developmentally appropriate sessions based on gender identity, provided the course content for each such separately conducted session is the same.
  • Ensuring that minority and female students are not under-represented in gifted and talented, and accelerated/advanced courses (including math and science); ensure that minority and male students are not disproportionately represented in detentions, suspensions, expulsions, dropouts, or special needs classifications; ensuring equitable and bias-free access for all students to computers and technological education programs regardless of their protected class status; ensuring that multi-language learners and students with disabilities have equal and bias-free access to all school activities; programs; and ensuring that all schools’ registration procedures are in compliance with State and Federal regulations and case law; and ensuring that multilanguage learners, special education students, and pregnant students are provided bias-free supports and services.
  • Equity in Guidance Programs and Services requires access to adequate and appropriate counseling services for all students; the presentation of a full range of possible occupational, professional and Career and Technical Education choices for all students; and that Guidance counselors are using “bias-free materials”. 
  • Equity in Physical Education and Athletic Programs requires that all instructional activities are equitable and are co-educational; ensuring that there are relatively equitable numbers of varsity and sub-varsity teams, equitable scheduling of night games and practice times and locations, equitable treatment regarding staff salaries and equipment, and providing comparable facilities for male and female students/teams.

In reviewing the CEP required areas of assessment, you may be wondering how the recent events since January 2025, of Presidential Executive Orders (EO’s) and caselaw regarding Title IX, Transgender Students and Diversity, Equity and Inclusion (DEI) programs, curriculums and professional development in schools affects, if at all, the requirement to provide such information in your CEP.  As always, you must follow the advice of your School Board attorney regarding these issues.  Keep in mind that there are currently lawsuits pending (and likely to be filed in the future) challenging the Executive Orders and caselaw.  It is a common practice in these types of cases, for Preliminary Injunctions to be Court Ordered to place the enactment of the challenged EO’s / caselaw “on hold” until there is a Court Decision as to whether or not the directives are in compliance with the law.  Again, consult your School Board Attorney in this regard.  A resource to keep track of any pending litigation regarding the EO’s can be found at:  https://www.justsecurity.org/107087/tracker-litigation-legal-challenges-trump-administration/

Step 4:  Complete the CEP Corrective Action Forms, if applicable (Appendix C)

There is a separate spreadsheet form for each of the 3 areas of evaluation (Board Responsibilities, Staff Development, and School and Classroom Practices.)  Any time a “no” or “pending” was inserted into the Appendix B cell requesting a yes or no answer regarding compliance, that issue must be addressed on the Appendix C forms.  The AAO/ATT must identify (1) the Section/sub-section that needs assessment; (2) Improvement Strategies, SMART Goals and Targets; (3) Staff Responsible; (4) Implementation Timeline; and (5) Evidence of Completion.

Step 5:  Complete the Statement of Assurance (Appendix D) 

As noted earlier, the CEP Statement of Assurance contained within Appendix D must be completed and submitted to the Executive County Superintendent by June 23, 2025.  Additionally, each District is required to annually submit a Statement of Assurance to the Executive County Superintendent in June of the 2 school years following submission of the completed full CEP Evaluation and Submission in June 2025.  NJDOE will typically announce the June due date during the fall of each school year.

Step 6:  Obtain Board Resolutions

The following BOE resolutions must be attached to the CEP:

  1. Annual resolution appointing the AAO for the 2025-26 school year
  2. BOE resolution authorizing the AAT to conduct the needs assessment and develop a CEP; and
  3. BOE resolution approving the CEP and authorizing its submission to the ECS.

Remember – the CEP must be BOE Approved prior to submission to the Executive County Superintendent.  Submission to the BOE should be no later than the May Agenda.  If BOE approval cannot be obtained by the submission deadline, a potential option (consult with your Board Attorney for approval) could be for the District to submit the CEP with a note on the cover sheet stating “Pending BOE approval on  (fill in the date of the next BOE Meeting).”

Step 7:  Assemble the Submission Package

  1. Statement of Assurance (Appendix D)
  2. Resolution appointing the AAO
  3. Resolution authorizing the AAT to conduct the needs assessment and develop a CEP;
  4. Resolution authorizing the submission of the proposed CEP
  5. List of AAT Members (Appendix A)
  6. District, Charter School and Renaissance School Needs Assessment (Appendix B);
  7. CEP Corrective Action forms, if applicable (Appendix C)

Step 8:  Submit the CEP

Submit one original CEP to the County Office of Education on or before June 23, 2025.  It is advisable to obtain a receipt of submission of the CEP from the ECS Office.  If a District fails to implement the CEP within 60 days of the the ECS’s certification of completion date, or fails to report annual progress, appropriate sanctions may be imposed, which may include action to suspend, terminate or refuse to award continued federal or state financial assistance in accordance with the law.

Conclusion

When completing the CEP, the District should consider what, if anything is done for your Contracted Service Providers, Coaches, Advisors and others that are not full-time staff, but are compensated by the School District for services provided.  Do such people have any training?  Is it in the service contracts that their employer must providing such training, or is the District expected to do this?  Additionally, the information compiled to complete the CEP will be beneficial whenever your District is subject to a NJQSAC review.  It is fair for NJQSAC to ask ANY staff member how to find the current CEP – so be sure to include this information in staff trainings.

Finally, completing the CEP must be taken seriously, as it can be a “sword or a shield” in discrimination litigation against the District.  If there are a lot of “no’s” or “pendings” listed in the compliance cell of the Appendix B spreadsheet, or your District responds to the CEP haphazardly, and states “yes” to compliance, but cannot back up the “yes” claim with documented proof of compliance, a good Plaintiff’s attorney (who will have access to your CEP as it is a public document) will seize on your District’s BOE approved, admitted lack of compliance and/or lack of proof of compliance with discrimination laws.  Accordingly, it is imperative that your AAO and AAT be given cooperation and a fair amount of time to complete this legally required detailed task.