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The News page is home to new or revised publications released by OCR, as well as any recent items of interest, such as press releases and fact sheets.

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October 2, 2024

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Norwin School District in Pennsylvania has entered into a resolution agreement to ensure compliance with Title VI of the Civil Rights Act of 1964 (Title VI) when responding to a racially hostile environment.  

OCR determined that the district violated Title VI since it was made aware of a racially hostile environment but failed to take the necessary steps to end the hostile environment and redress its effects for the school community. To resolve the violations OCR identified, the district agreed to: review the incidents that occurred at the middle and high school during the 2021-2022 school year to determine what steps are necessary to ensure that the hostile environment does not persist, and what steps must be taken to redress the hostile environment for students, including remedial services for any student impacted by the hostile environment; provide all middle and high school administrators, faculty, and staff with Title VI training and survey staff following the training to assess the effectiveness of the training; provide a mandatory age-appropriate orientation session for all middle and high school students on the district’s policies and procedures prohibiting race discrimination and harassment; conduct a climate survey at the middle and high school, and provide OCR with a report, for OCR approval, describing any actions that the district will take in response to the survey results; post a notice on its website and in the 2024-2025 back-to-school communications regarding how to file a complaint, and conduct a prompt investigation of any complaints filed; conduct an audit of all complaints of racial harassment at the middle and high school during the 2021-2022, 2022-2023, and 2023-2024 school years; and retain or designate a consultant with expertise on the issue of harassment of students on the basis of race, color, and national origin to work with the middle and high school to assist in the development and delivery of training and a climate survey. 

 

 

September 30, 2024

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Muhlenberg College has entered into a resolution agreement to ensure its compliance with Title VI of the Civil Rights Act of 1964 (Title VI) when responding to allegations of harassment based on shared ancestry.  OCR’s investigation confirmed many important steps the college has taken to fulfill its Title VI obligations with respect to shared ancestry.  Significantly, the college’s nondiscrimination policy and procedures comprehensively address its nondiscrimination obligations, including the impact of incidents involving alleged harassment that takes place off campus and on social media. OCR also recognizes the steps the college has taken to address many incidents of alleged shared ancestry harassment that may have created a hostile environment on campus. While OCR recognizes these important college actions, OCR identified compliance concerns regarding the college’s fulfillment of its responsibility under Title VI with respect to repeated reports in a single semester regarding a professor’s classroom statements and social media posts that created a possible hostile environment for Jewish students.  

To resolve the concerns OCR identified regarding the college’s response to alleged harassing conduct based on shared ancestry, the College agreed to: review all complaints against the professor and determine whether the professor created a hostile environment for Jewish students on campus through social media postings or other conduct in class, and if so, whether supportive services are required to redress the hostile environment; review its response to previous reports of discrimination and/or harassment based on shared ancestry for the 2023-2024 academic year to ensure the college made a determination regarding whether the alleged conduct created a hostile environment, including incidents that occurred on social media or off campus; provide training to all employees and staff responsible for investigating complaints and other reports of discrimination, including harassment, based on shared ancestry or ethnic characteristics (which includes antisemitism), as well as all staff involved in responding to reports of race, color, and national origin discrimination, regarding the College’s obligations under Title VI, as well as the college’s antiharassment policies and procedures; and, develop and administer a climate assessment for students and staff to evaluate the campus climate with respect to shared ancestry and the extent to which students and/or staff are subjected to, or witness discrimination, including harassment, based on race, color, and/or national origin, including shared Jewish ancestry.  

 

September 27, 2024

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Española Public Schools in New Mexico entered into a resolution agreement to remedy violations OCR found of Title IX of the Education Amendments of 1972 (Title IX) regarding district responses to notice of sexual harassment, including sexual assault, of its students by other students and employees.  

OCR found that the district discriminated against students based on sex by failing to respond as required by Title IX to reports of sexual assault by employees and students, to adopt and implement Title IX grievance procedures that provide for the equitable resolution of complaints, and to coordinate its responses to such reports through its Title IX coordinator. In addition, OCR found that the district failed to meet its obligations under the 2020 Title IX Regulations at 34 C.F.R. § 106.44(a) whenever a district employee has actual notice of sexual harassment. These failures led to repeated instances of harassment in the district with insufficient district response, leaving district students vulnerable to the sex discrimination in school that Title IX forbids.  

Through the resolution agreement, the district will take several steps, including reviewing prior sexual harassment reports to determine if further action is needed to provide an equitable resolution of the reports; training district employees on their Title IX, Section 504, and Title II obligations; notifying students, parents, and employees how to report sexual harassment to the district; providing age-appropriate training to students in grades 3-12 about how to recognize and report sexual harassment; creating systems to monitor, evaluate, and document its responses to sexual harassment; administering climate surveys; and clarifying its duty to fulfill its Title IX obligations during the pendency of an investigation by law enforcement or another entity. 

September 26, 2024

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Jefferson County Public Schools in Louisville Kentucky has entered into an agreement to ensure compliance with federal civil rights obligations not to discriminate based on race under Title VI of the Civil Rights Act of 1964. 

OCR’s review identified concerns that similarly situated African American and white students were treated differently at the referral and sanctioning stages of the discipline process and that African American students were subjected to harsher discipline than similarly situated white students. OCR’s review also found that African American students were twice as likely to be referred for discipline at least once, compared to white students.  

The District’s commitments in the resolution agreement include the following: (1) review of the  discipline handbook to ensure consistency in the application of discipline procedures; (2) improve data collection; (3) provide staff training; (4) provide guidance on placements in alternative educational environments; (5) provide parent and student information sessions to explain discipline expectations and the disciplinary process; (6) conduct school climate surveys; and (7) provide compensatory education to students who were removed from the learning environment because of past discipline practices. 

Past Stories

 

 

Date Title of Document
 
 
2024
 
September 2024 

Office for Civil Rights Releases New Resources on Students with Disabilities 

 

Office for Civil Rights Releases New Resources on Students with Disabilities The Office for Civil Rights has issued new resources for schools, stakeholders, students with disabilities, and their families. These documents remind students with mental health disabilities and elementary and secondary schools, as well as colleges and universities, of their respective rights and responsibilities under Section 504 of the Rehabilitation Act of 1973 regarding students with anxiety, depression, bipolar disorder, or eating disorders.

  • Fact Sheet: Section 504 Protections for Students with Anxiety Disorders PDF (253K)
  • Fact Sheet: Section 504 Protections for Students with Bipolar Disorder PDF (257K)
  • Fact Sheet: Section 504 Protections for Students with Depression PDF (274K)
  • Fact Sheet: Section 504 Protections for Students with Eating Disorders PDF (252K)
September 2024 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Investigation of Muslim/Arab Palestinian Discrimination in Ann Arbor Public Schools

 

The U.S. Department of Education’s Office for Civil Rights (OCR) announced today that the Ann Arbor Public Schools in Michigan (district) entered into a resolution agreement to remedy compliance concerns OCR identified with the district’s fulfillment of its obligations under Title VI of the Civil Rights Act of 1964 to respond to notice of a hostile environment for students based on shared Muslim/Arab Palestinian ancestry.

In addition to providing specific supports for the targeted student, the district commitments to resolve the complaint include: conducting a climate assessment of district students, parents/guardians, and staff with respect to race, color, and national origin, including shared Muslim/Arab ancestry, and the extent to which students are subjected to, or witness discrimination, including harassment, based on race, color, and/or national origin; analyzing the results of the climate assessment and developing an action plan to address any concerns identified; drafting a policy for OCR’s review and approval that governs how the district will meet its Title VI obligations, including the obligation to respond to notice of a hostile environment; and, providing training to district students, staff, members of the school board, parent/guardians on Title VI’ s prohibition of discrimination and harassment (including on the basis of shared ancestry), and retaliation, and on the newly drafted policy. 

  • Ann Arbor Public Schools - Resolution Letter PDF (303K)
  • Ann Arbor Public Schools – Resolution Agreement PDF (148K)
September 2024

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Title VI Compliance Review of Legacy Traditional Schools in Arizona

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that Legacy Traditional Schools (LTS) in Arizona entered into a resolution agreement to comply with Title VI of the Civil Rights Act of 1964 and its regulations by providing language assistance to national origin minority students and parents with limited English proficiency (LEP) to ensure their meaningful access to LTS’ programs and activities. OCR’s compliance review found that LTS charter schools (1) did not timely identify all English learner (EL) students; (2) did not provide all of them with English language development (ELD) services; (3) lacked enough teachers qualified to provide ELD; (4) lacked enough materials for its ELD program; (5) did not have administrators trained to evaluate ELD teachers; (6) did not monitor the academic progress of current EL students, including opt-outs, to assess if they could meaningfully participate in their classes; (7) did not monitor the academic progress of former EL students to avoid their premature exit from the ELD program; (8) did not evaluate the effectiveness of the ELD program or modify it as needed to ensure its efficacy; and (9) denied parents with LEP interpreters and translations needed to give them comparable access to information about school programs that LTS gave to other parents.

To resolve these violations, LTS signed an agreement that commits all 22 LTS schools to: timely identify EL students; provide them with ELD and adequate materials; train teachers and administrators to ensure effective ELD is provided to EL students; monitor the academic progress of current and former EL students; evaluate the effectiveness of the ELD program and modify it as needed; and provide qualified interpreters and translated information to parents with LEP to give them comparable access to LTS’ programs. 

  • Legacy Traditional Schools – Resolution Letter PDF (369K)
  • Legacy Traditional Schools – Resolution Agreement PDF (256K)
September 2024 

U.S. Department of Education Releases Two New Resources to Help Schools Comply with the 2024 Amendments to Title IX Regulations

Today, the U.S. Department of Education (Department) Office for Civil Rights (OCR) released two new resources to help schools comply with the 2024 amendments to Title IX Regulations (2024 Title IX Regulations), which went into effect August 1, 2024. The resources explain how the 2024 Title IX Regulations clarify and update longstanding obligations related to Title IX Coordinator duties, as well as prohibitions on sex discrimination based on pregnancy or related conditions and parental, family, or marital status.

2024 Title IX Regulations: Impact on Title IX Coordinator Duties highlights new and updated requirements for Title IX Coordinators, who play a critical role in ensuring compliance with their schools’ Title IX obligations. 2024 Title IX Regulations: Nondiscrimination Based on Pregnancy or Related Conditions & Parental, Family, or Marital Status clarifies prohibitions on sex discrimination on these bases for students, employees, and applicants for admission or employment.

  • 2024 Title IX Regulations: Impact on Title IX Coordinator Duties PDF (9.5M)
  • 2024 Title IX Regulations: Nondiscrimination Based on Pregnancy or Related Conditions & Parental, Family, or Marital Status PDF (5.0M)
September 2024

 

 

Office for Civil Rights Announces Resolution of Compliance Review of Disciplinary Practices for Students with Disabilities in Four Rivers School District in Illinois

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that the Four Rivers School District in Illinois has entered into a resolution agreement to ensure its disciplinary practices do not deny students with disabilities a free appropriate public education (FAPE) and comply with civil rights obligations to students with disabilities under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act.

The Four Rivers School District operates one school designed specifically to serve students with emotional disabilities and students with disabilities who benefit from the supports the district offers in its Learning in Functional Environments program: the district reports that it “houses intensive, supportive special education classrooms to meet the needs of children when the home districts cannot provide the necessary level of supports.” Notwithstanding the district’s stated purpose to effectively serve students with disabilities who require intensive supports, OCR’s investigation established otherwise, raising serious civil rights compliance concerns. The district routinely referred students to law enforcement for non-criminal behaviors, and these law enforcement referrals were often for behavior that could have been based on disability. In addition, several students with disabilities spent extensive time out of the classroom but district records did not reflect evaluation of whether this non-instructional time merited reevaluation to determine whether different or additional supports may be necessary for a student or evaluation whether a student needed compensatory services to ensure that student’s equal access to education.

The district’s commitments in the resolution agreement include: (1) revising students’ Individualized Education Programs as appropriate and determining whether compensatory education and/or remedial services are necessary for the students; (2) developing and implementing policies and procedures governing its use of the crisis room and contacts with law enforcement, including criteria for contacting law enforcement that is limited to criminal behaviors that cannot be effectively managed by the district and steps consistent with Section 504 and Title II that must be taken prior to a law enforcement contact; (3) developing and implementing a record-keeping system for each law enforcement contact and use of the Crisis Room; and (4) training administrators, teachers, paraprofessionals, and social workers.

  • Four Rivers School District– Resolution Letter PDF (246K)
  • Four Rivers School District – Resolution Agreement PDF (93K)
September 2024

 

 

U.S. Department of Education Releases Resource Collections for Elementary, Secondary, and Postsecondary Schools

The U.S. Department of Education’s Office of Civil Rights (OCR) today released a set of back-to school resources to support elementary and secondary schools, colleges, and universities in fulfilling their obligations to protect students’ civil rights during the 2024-25 academic year. The resources include two back-to-school binders, one for elementary and secondary schools and one for post-secondary educational institutions. Each back-to-school resource binder contains fact sheets, Dear Colleague Letters, and other policy documents to assist school communities with meeting their responsibilities under the following federal civil rights laws: Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color, or national origin, including shared ancestry or ethnic characteristics; Title IX of the Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex; and Title II of the Americans with Disabilities Act (Title II) and Section 504 of the Rehabilitation Act of 1973 (Section 504), which prohibit discrimination on the basis of disability.

In addition, OCR today released two new back-to-school videos, featuring Assistant Secretary Catherine E. Lhamon and available on OCR’s YouTube channel and website. The first video explains how OCR protects students from discrimination under the civil rights laws that OCR enforces. The second video focuses specifically on the Title VI protection for students on the basis of shared ancestry and ethnic characteristics, including Jewish, Muslim, Arab, Palestinian, and Israeli students.

September 2024

 

 

Office for Civil Rights Announces Resolution of Title VI Investigation of University of Illinois Urbana-Champaign

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that the University of Illinois Urbana-Champaign has entered into a resolution agreement to ensure compliance with federal civil rights obligations not to discriminate based on national origin under Title VI of the Civil Rights Act of 1964.

OCR’s investigation reflected that the University appeared not to have taken steps to assess or address a hostile environment for members of the University community based on shared Jewish, Muslim, Palestinian, or Arab ancestry and that University programs charged with responding to complaints of national origin harassment lacked coordination and inconsistently applied University policies and procedures.

The University’s commitments in the resolution agreement include: (1) reviewing its response to reports of antisemitic and other shared ancestry discrimination during the 2023-2024 academic year; (2) administering a climate survey and creating an action plan subject to OCR approval; (3) reviewing and revising policies and procedures, including related to protests and demonstrations; (4) providing training to University law enforcement personnel in addition to all employees and staff responsible for investigating reports of discrimination; and (5) conducting annual training on discrimination based on national origin to all staff and students.

  • University of Illinois Urbana-Champaign – Resolution Letter  PDF (308K)
  • University of Illinois Urbana-Champaign – Resolution Agreement  PDF (284K)
August 2024

 

 

Office for Civil Rights Reaches Agreement to Resolve Sexual Harassment Compliance Review of Memphis-Shelby County School District in Tennessee

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) resolved a compliance review of the Memphis-Shelby County School District, which is the largest school district in Tennessee, with a resolution agreement to address the District’s handling of sexual assault cases, including those involving student and staff misconduct.

OCR determined the District violated Title IX by not having a designated Title IX Coordinator for substantial portions of OCR’s compliance review period. During the time that a Title IX Coordinator was designated, the District did not coordinate its response to reports of sexual harassment, including sexual assault, through its Title IX Coordinator. The District also did not involve the Title IX Coordinator in any of the staff involved incidents. The District’s recordkeeping practices did not fulfill the Title IX obligation to maintain records sufficient for the District itself or for OCR to make compliance determinations, including inconsistent reporting to OCR for the Civil Rights Data Collection. OCR determined that the District’s nondiscrimination statement and harassment policies did not comply with Title IX. OCR also has concerns that the District did not respond either promptly or equitably to complaints of sexual harassment, including assault, of students.

The resolution agreement provides that the District will adopt and publish a compliant notice of nondiscrimination; designate, train, and publicize the contact information for, its Title IX Coordinator(s); revise all policies that describe the District’s response to sexual harassment to ensure the policies are compliant with the requirements of Title IX and consistent with each other; review all complaints of student and staff involved sexual assault during the 2022-2023 and 2023-2024 school years to ensure each complaint was resolved in compliance with Title IX, and if not, offer appropriate remedies; conduct training on the Title IX process and its revised grievance procedures for District staff; develop or revise its procedure for documenting or tracking complaints of sexual assault, including the steps taken as part of the District’s investigation into such complaints; conduct a survey of students and parents to determine if the District needs to take additional steps to address sexual harassment in its schools, with OCR approval for any next steps; and develop a plan (Plan) to ensure timely submission of complete and accurate data to the Civil Rights Data Collection (CRDC) in the future and ensure that all employees who are responsible for reporting data to the CRDC receive instructions regarding how to report data to the CRDC in accordance with the Plan.

  • Memphis-Shelby County School District – Resolution Letter  PDF (448K)
  • Memphis-Shelby County School District – Resolution Agreement  PDF (204K)
August 2024

 

 

U.S. Department of Education’s Office for Civil Rights Reaches Agreement to Address Sexual Harassment in San Diego Unified School District in California

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that the San Diego Unified School District in California entered into a resolution agreement to remedy violations OCR found of Title IX of the Education Amendments of 1972 (Title IX) regarding district responses to notice of sexual harassment, including sexual assault, of its students by other students and employees.

The agreement also resolves a concern that OCR identified about the district’s fulfillment of its obligations under Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II) to evaluate students when the district had reason to suspect they may need special education or related services or to reevaluate students with disabilities prior to any significant change in their placement or to determine whether their needs for services were met.

Through the resolution agreement, the district will take several steps, including reviewing files to determine whether further action is needed to remedy any hostile environment; training district employees and students on their Title IX, Section 504, and Title II obligations; administering climate surveys; ensuring the district fulfills its Title IX obligations when law enforcement is involved in responding to sexual harassment of students; and creating systems to monitor, evaluate, and document its responses to sexual harassment.

  • San Diego Unified School District – Resolution Letter  PDF (448K)
  • San Diego Unified School District – Resolution Agreement  PDF (204K)
August 2024

 

 

Office for Civil Rights Announces Resolution of Title IX Athletics Investigation of Minneapolis Public School District in Minnesota

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that the Minneapolis Public School District entered into a resolution agreement to ensure compliance with Title IX as to its high school athletics program.

OCR’s investigation revealed concerns that the district fails to effectively accommodate the interests and abilities of female students in its athletics program at several district high schools and overall, that there is a disparity in the quality, amenities, equivalency and access to the district’s locker rooms, practice and competition facilities, particularly as it relates to the girls softball teams. OCR similarly identified a disparity in preparation responsibilities for practice and competition facilities that favors male athletes.

The district’s commitments in the resolution agreement include: (1) developing a plan, with timeframes, to increase participation opportunities for female students as necessary to demonstrate compliance with Title IX at each of its high schools (2) creating a Stakeholder Committee to work with the district on policies and procedures for its athletics program and other Title IX compliance issues; (3) providing equal opportunities for high school female athletes in the provision of locker rooms, practice and competitive facilities.

  • Minneapolis Public School District – Resolution Letter  PDF (332K)
  • Minneapolis Public School District – Resolution Agreement  PDF (165K)
August 2024

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Complaint Against Drexel University Alleging Antisemitic Discrimination

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Drexel University in Pennsylvania has entered into a resolution agreement to ensure compliance with Title VI of the Civil Rights Act of 1964 (Title VI) when responding to allegations of discrimination or harassment based on national origin, including shared Jewish ancestry. While OCR confirmed that the specific incident prompting the complaint OCR investigated did not involve antisemitic conduct and that the University’s response to that incident did not raise Title VI concerns, OCR’s investigation reflects that the University generally failed to fulfill its obligations to assess whether incidents of shared ancestry discrimination and harassment reported to it created a hostile environment, and where the University did conduct this assessment, it misapplied the legal standard.

The University agreed to: conduct a review of the University’s response to complaints and reports of antisemitic and other shared ancestry discrimination during the 2022-2023 and 2023-2024 academic years, and take remedial actions, if required; provide OCR with information regarding any complaints alleging discrimination, including harassment, on the basis of shared ancestry during the 2024-2025 and 2025-2026 school years, and address OCR’s feedback, if any; analyze the results of and create an action plan, subject to OCR approval, in response to its climate surveys; revise its policies and procedures to ensure they consistently provide that it must assess whether incidents of reported shared ancestry discrimination or harassment have created a hostile environment within the University’s education program or activity, acknowledging that conduct that may have taken place off campus or on social media can contribute to a hostile environment within a University program or activity; continue to provide training to all employees and staff responsible for investigating complaints and other reports of discrimination, including harassment, based on shared ancestry or ethnic characteristics (which includes antisemitism); and, conduct annual training on discrimination based on race, color and national origin, including harassment based on shared ancestry or ethnic characteristics, for all faculty, staff, and students.

  • Drexel Univeristy – Resolution Letter  PDF (416K)
  • Drexel Univeristy – Resolution Agreement  PDF (306K)
 
August 2024

 

 

U.S. Department of Education's Office for Civil Rights Announces Historic Updates to Title IX Regulations that Goes into Effect Today

Today, the U.S. Department of Education’s (Department) 2024 Title IX Regulations go into effect in states across the country. The comprehensive final regulations restore and strengthen vital protections, while clarifying longstanding provisions to help schools better fulfill Title IX’s nondiscrimination mandate. In addition, the final regulations offer schools appropriate discretion and flexibility to meet the needs of their unique educational community. The final regulations also reaffirm the Department’s core commitment to fundamental fairness for all parties, the rights of parents and guardians to support their minor children, and respect for complainants’ autonomy.

As schools continue their efforts to implement the amended Title IX regulations, the U.S. Department of Education’s Office for Civil Rights (OCR) has released a collection of resources to support schools in those efforts. As the regulations go into effect today, OCR released a Small Entity Compliance Guide, pursuant to Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

Despite the final regulations’ alignment with Title IX’s nondiscrimination mandate and responsiveness to extensive stakeholder feedback, discrete provisions of the Final Rule have been challenged in ten different lawsuits. The Department is also currently enjoined from enforcing the 2024 Final Rule at a number of schools. Per court order, this list of schools may be supplemented in the future. Please visit www.ED.gov/TitleIX for more information.

July 2024

 

 

U.S. Department of Education’s Office for Civil Rights Reaches Agreement to Address Antisemitic Harassment in Carmel Unified School District in California

Department of Education’s Office for Civil Rights (OCR) announced today that Carmel Unified School District has entered into an agreement to resolve a complaint about antisemitic harassment of students at a district school.

OCR found that the district violated Title VI of the Civil Rights Act of 1964 by failing to take prompt and effective steps to address fifteen incidents of antisemitic peer harassment at the school across two school years (2021-2022 and 2023-2024), including instances of swastikas and other antisemitic vandalism, and the resulting hostile environment for Jewish students. In some cases, OCR found that the district failed to determine if a hostile environment existed for those students and if they needed remedies to address the effects of that environment.

The resolution agreement requires the district to take several steps, including: (1) reviewing specific incidents regarding students subjected to harassment based on race, color, or national origin in the 2021-2022, 2022-2023, and 2023-2024 school years to determine what further action is needed to equitably resolve these incidents for students; (2) reviewing, revising, and disseminating districtwide policies and procedures for responding to reports of harassment and maintaining related records to ensure they satisfy Title VI; (3) implementing new forms for tracking reports of harassment and responsive actions; (4) conducting a districtwide assessment of school climate; (5) training for district and school administrators, faculty, and staff on new policies, procedures, and forms; (6) training for school administrators on how to conduct and document reliable and impartial investigations; (7) implementing a plan to educate students and parents about identifying and reporting harassment; and (8) reporting to OCR about the district’s responses to harassment in the 2024-2025 and 2025-2026 school years.

  • Carmel Unified School District – Resolution Letter  PDF (299K)
  • Carmel Unified School District – Resolution Agreement  PDF (213K)
July 2024

 

 

U.S. Department of Education Issues Resources to Help Schools Prepare for 2024 Title IX Regulations

U.S. Department of Education’s (Department) Office for Civil Rights (OCR) today released three new resources today to support schools that are preparing to implement the amended Title IX regulations the Department published in April 2024 (2024 Title IX Regulations).

In issuing the 2024 Title IX Regulations, the Department aims to fulfill Title IX’s promise that no person experiences sex discrimination, including sex-based harassment or sexual violence, in federally funded education.

The new Title IX resources include:

  • 2024 Title IX Regulations: Pointers for Implementation, which supports schools by listing key components of the 2024 Title IX regulations. PDF (197K)
  • A Video on Drafting Nondiscrimination Policies, Notices of Nondiscrimination, & Grievance Procedures under the 2024 Title IX Regulations, to highlight a previously issued resource to help schools draft, adopt, and implement policies and procedures that are required under the 2024 Title IX regulations.  Video (Length: 00:02:49)

These resources complement other previously released technical assistance documents to help implement the 2024 Title IX Regulations, including a fact sheet, a brief overview of key provisions of the final regulations, and a resource for drafting Title IX nondiscrimination policies, notices of nondiscrimination, and grievance procedures.

As of July 19, 2024, pursuant to federal court orders, the Department is currently enjoined from enforcing the 2024 Final Rule in the states of Alaska, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Ohio, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming; the Department is also currently enjoined from enforcing the 2024 Final Rule at the schools on the list located at https://www2.ed.gov/about/offices/list/ocr/docs/list-of-schools-enjoined-from-2024-t9-rule.pdf. Per court order, this list of schools will be supplemented on or before July 26 and may also be supplemented at subsequent times. This resource does not currently apply in those states and schools.

July 2024

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Compliance Review Against Colonial School District in Delaware Examining the Access of Students with Disabilities to Advanced Placement Courses

Today, the U.S. Department of Education’s Office for Civil Rights announced that the Colonial School District in Delaware has entered into a resolution agreement to ensure the District’s compliance with Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 with regard to providing students with disabilities equal access to Advanced Placement (AP) courses. During its investigation, OCR determined that the District has not taken steps specifically designed to ensure equal access to high rigor courses for students with disabilities, although the District had notice for years that students with disabilities participate in AP courses at rates well below their enrollment rates.

To resolve this investigation, the District has committed to: complete a review and assessment of the District’s AP course offerings for the 2023-2024 school year and develop recommendations for ensuring equal access to AP courses for students with disabilities, including whether adjustments to its AP course enrollment practices would increase enrollment for students with disabilities; review its communication with students and parents, including students with disabilities and their parents, regarding the availability of AP courses and develop a protocol for ensuring that all students in 8th through 11th grade and their parents are provided with notice of the availability of AP courses, how to enroll in these courses, and the significance given to AP courses by colleges in the admissions process; complete an evaluation of its academic counseling services at the District Middle School and High School and make changes, as necessary, to ensure that students with disabilities receive counseling that informs them of available AP course options; provide training to all District Middle School and High School guidance counselors and teachers regarding the eligibility requirements for AP courses, and the importance of inclusion of students with disabilities in AP course enrollment; and develop a record-keeping system to identify the number of students with disabilities who participate in the District High School’s AP course offerings and ensure accurate reporting of data to OCR’s Civil Rights Data Collection.

  • Colonial School District – Resolution Letter  PDF (300K)
  • Colonial School District – Resolution Agreement  PDF (220K)
July 2024

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Complaint Against Brown University in Rhode Island Alleging Antisemitic Discrimination

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Brown University in Rhode Island has entered into a resolution agreement to ensure compliance with Title VI of the Civil Rights Act of 1964 with respect to alleged harassment of students based on national origin (including shared Jewish Palestinian, Arab, and/or Muslim ancestry).

While OCR’s investigation confirmed that the University has taken notable proactive steps to support a nondiscriminatory campus environment, OCR’s investigation also identified compliance concerns regarding the effectiveness of the University’s response to notice of alleged antisemitic and other shared ancestry discrimination, including those of serious harm, that could contribute to or create a hostile environment for students. Relatedly, OCR noted marked variation among the half-dozen University entities responding to these reports, leaving University students and staff without consistent University redress.

OCR commends the University for revising its practices during the pendency of this investigation and for working to fulfill key priorities it identified to ensure a non-discriminatory environment for the Brown community, including the University’s stated goal of taking the strongest possible stance against any form of discrimination and harassment including, but not limited to, antisemitism, anti-Muslim hate, or other unlawful discrimination based on actual or perceived shared ancestry or ethnic characteristics or citizenship or residency in a country with a dominant religion or distinct religious identity.

OCR determined that monitoring the University’s fulfillment of its key priorities through the following terms of the resolution agreement announced today will effectively ensure the University’s compliance with Title VI not to discriminate based on shared ancestry: (1) further revise its Title VI policies and procedures to ensure all University offices consistently and effectively comply with Title VI, including with respect to protests and demonstrations; (2) conduct annual training on nondiscrimination and harassment for students and all employees; (3) maintain records related to complaints or reports of discrimination under Title VI; (4) conduct a review of the University’s response to complaints and reports of antisemitic and other shared ancestry discrimination during the 2023-2024 and 2024-2025 academic years, and take remedial actions if required; and (5) analyze the results of, and create an action plan in response to, climate survey(s) and/or other review(s) focused on shared ancestry discrimination.

  • Brown University in Rhode Island – Resolution Letter  PDF (350K)
  • Brown University in Rhode Island – Resolution Agreement  PDF (197K)
July 2024

 

 

Office for Civil Rights Announces Fact Sheet on Protecting Students from Discrimination, such as Harassment Based on Race, Color, or National Origin on School Campuses

Today, on the 60th anniversary of the Civil Rights Act of 1964, the Department of Education’s (Department) Office for Civil Rights (OCR) issued a new [Fact Sheet to share resources about federal civil rights obligations of schools and other recipients of federal financial assistance from the Department to ensure nondiscrimination based on race, color, or national origin under Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations. This fact sheet describes how OCR determines the existence of a hostile environment and details schools’ obligations to address and remedy a hostile environment. The fact sheet also provides hypothetical examples to help schools assess their Title VI obligations, including the requirement to promptly and effectively address alleged acts of discrimination, including harassment.

  • Fact Sheet: Harassment based on Race, Color, or National Origin on School Campuses  PDF (427K)
June 2024

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Complaint Against Lafayette College Alleging Antisemitic Discrimination

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Lafayette College (College) has entered into a resolution agreement to ensure its compliance with Title VI of the of the Civil Rights Act of 1964 (Title VI) when responding to allegations of discrimination or harassment, including based on shared Jewish ancestry. To resolve the Title VI concerns OCR identified regarding the College’s response to alleged harassing conduct based on shared ancestry, the College agreed to: review and revise its policies and procedures to ensure that the College’s response to notice of discrimination, including harassment on the basis of shared ancestry, is consistent with Title VI; provide training to all employees and staff responsible for investigating complaints and other reports of discrimination, including harassment based on shared ancestry (which includes antisemitism), as well as all staff involved in responding to reports of race, color, and national origin discrimination, regarding the College’s obligations under Title VI, as well as the College’s antiharassment policies and procedures; provide training to all staff and students regarding conduct prohibited by Title VI, the College’s responsibility to respond to allegations of discrimination including harassment based on shared ancestry or ethnic characteristics and the College’s non-discrimination policies and procedures; and, review its response to previous reports of discrimination and/or harassment based on shared ancestry for the 2023-2024 academic year to ensure the College made a determination regarding whether the alleged conduct created a hostile environment, including incidents that occurred on social media or off campus.

  • Lafayette College – Resolution Letter  PDF (312K)
  • Lafayette College – Resolution Agreement  PDF (194K)
June 2024

 

 

Office for Civil Rights Releases New Resources on Students with Disabilities

The Office for Civil Rights has issued new resources for schools, stakeholders, students with disabilities, and their families. These documents remind students with disabilities and elementary and secondary schools, as well as colleges and universities, of their respective rights and responsibilities under Section 504 of the Rehabilitation Act of 1973 regarding students with sickle cell disease, epilepsy, or cancer.

  • Fact Sheet: Section 504 Protections for Students with Sickle Cell Disease  PDF (239K)
  • Fact Sheet: Section 504 Protections for Students with Epilepsy  PDF (240K)
  • Fact Sheet: Section 504 Protections for Students with Cancer  PDF (238K)
June 2024

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Two Complaints Against the University of Michigan Alleging Antisemitic Discrimination

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that the University of Michigan (University) has entered into a resolution agreement to ensure its compliance with Title VI of the of the Civil Rights Act of 1964 (Title VI) when responding to allegations of discrimination or harassment, including based on shared Jewish ancestry and shared Palestinian or Muslim ancestry. OCR’s review of University documentation of 75 reports the University received alleging shared ancestry harassment and/or discrimination from the 2022-23 school year through February 2024 do not reflect that the University has complied with its Title VI requirements to assess whether incidents individually or cumulatively created a hostile environment for students, faculty, or staff, and if so, to take steps reasonably calculated to end the hostile environment, remedy its effects, and prevent its recurrence.

To resolve the Title VI concerns OCR identified during investigation of these complaints, the University has committed to: revising as necessary University policies and procedures to ensure that they adequately address the Title VI prohibition on discrimination based on race, color, and national origin, including discrimination based on a student’s actual or perceived shared ancestry or ethnic characteristics; ensuring the University coordinates compliance with Title VI through its Equity, Civil Rights, and Title IX office (ECRT); training University employees, including University law enforcement, regarding the University’s obligations under Title VI to respond to alleged discrimination, the individual employee’s role in discharging these obligations, and University policies and procedures; administering a climate assessment for students and employees; reviewing case files for each report of discrimination and/or harassment on the basis of shared ancestry during the 2023-2024 school year to determine whether the alleged conduct created a hostile environment and whether any further action is needed to provide an equitable resolution of each incident; and reporting to OCR on its responses to reports of discrimination, including harassment on the basis of shared ancestry, during the 2024-2025 and 2025-2026 school years.

  • University of Michigan – Resolution Letter  PDF (343K)
  • University of Michigan – Resolution Agreement  PDF (150K)
June 2024

 

 

Office for Civil Rights Announces the Resolution of Nine Complaints against the City University of New York Alleging Antisemitic, Anti-Palestinian, Anti-Muslim, and Anti-Arab Harassment

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that it has resolved nine complaints against the City University of New York (CUNY), CUNY Central Office, and the following CUNY schools: Hunter College (Hunter), School of Law, Brooklyn College, Queens College, and Baruch College. OCR’s investigation of the earliest Hunter complaint determined that students and faculty disrupted two Zoom sessions of a Hunter course in 2021 by reading a statement calling for the decolonization of Palestine, and that several students wrote in the Zoom chat that they were scared.

OCR found that Hunter concluded—without interviewing students present during the sessions—that the disruption did not deny access to education, and that Hunter did not respond to requests from Jewish students to learn Hunter’s response. In addition to the concerns OCR’s investigation to date had raised regarding Hunter, OCR identified compliance concerns that specific CUNY colleges appear not to have conducted adequate investigations in response to reports of alleged harassment based on national origin/shared ancestry, may treat students differently based on their national origin/shared ancestry with respect to implementation of policies and procedures governing student conduct and events on campus, may not have taken steps reasonably designed to redress existing hostile environments, and may in some circumstances not have considered whether the alleged conduct subjected students to possible hostile environments at all. Based on these related compliance concerns regarding several of CUNY constituent campuses, CUNY entered into a CUNY-wide agreement to ensure that CUNY and each of its 25 constituent colleges and schools fulfill their Title VI responsibilities when responding to discrimination, including harassment, based on national origin/shared ancestry.

  • City University of New York – Resolution Letter  PDF (621K)
  • City University of New York – Resolution Agreement  PDF (203K)
May 2024

 

 

Office for Civil Rights Announces Resolution of Investigation of Discrimination Against Native American Students in Rapid City Area Schools, South Dakota

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that the Rapid City Area Schools District in South Dakota has entered into an agreement to ensure compliance federal civil rights obligations not to discriminate based on national origin under Title VI of the Civil Rights Act of 1964.

OCR’s review found evidence indicating that (1) Native American students were being disciplined more frequently and more harshly than similarly situated white students, and (2) that Native American students were discriminated against with respect to access, referral, identification, and selection for the district’s advanced learning programs and courses including honors courses and Advanced Placement courses.

The district’s commitments in the resolution agreement include the following: (1) examining the root causes of possible discrimination in the district’s discipline and advanced learning programs and implementing corresponding corrective action plans; (2) employing a discipline equity supervisor and an advanced learning coordinator; and (3) establishing a standing committee, consisting largely of Native American community members, to inform implementation of the plans.

  • Rapid City Area Schools – Resolution Letter  PDF (511K)
  • Rapid City Area Schools – Resolution Agreement  PDF (364K)
May 2024

 

 

Office for Civil Rights Releases Fiscal Year 2023 Annual Report

The Office for Civil Rights released our Annual Report to the Secretary, the President, and the Congress for fiscal year 2023. The Annual Report summarizes the enforcement achievements and policy actions of the 2023 fiscal year. Throughout the 2023 fiscal year, OCR actively pursued our mission to ensure equal access to education and to promote educational excellence through the vigorous enforcement of civil rights. This report highlights significant resolutions involving race-based and disability-based harassment, as well as cases involving sexual assault and other egregious conduct. This report provides a snapshot of OCR’s accomplishments during the 2023 fiscal year, including:

  • Resolving 16,448 cases and receiving a record 19,201 complaints;
  • Publishing 11 policy guidance resource packages addressing a wide range of civil rights topics. Related to OCR’s Title VI enforcement, the topics addressed included the legal framework that applies to diversity and inclusion activities, the protection from discrimination on the basis of shared ancestry and ethnic characteristics, confronting racial discrimination in student discipline, and race and school programming.

Fiscal Year 2023 Annual Report PDF (28.2M)

May 2024

 

 

Office for Civil Rights Announces Dear Colleague Letter on Protecting Students from Discrimination, such as Harassment, Based on Race, Color, or National Origin, including Shared Ancestry or Ethnic Characteristics

The Department of Education’s Office for Civil Rights (OCR) released a fact sheet today, seventy years after the U.S. Supreme Court reached a unanimous decision in Brown v. Board of Education. In Brown v. Board of Education, the Court held that legally mandated racial segregation of children in public schools is unconstitutional, explaining that “education is perhaps the most important function of state and local governments,” and “where the state has undertaken to provide it, is a right which must be made available to all on equal terms.”

OCR’s civil rights data collection and enforcement experience reflect that student access to education and to educational resources, including high rigor courses and programs, teachers, and other school staff differs by race, color, and national origin in schools across the United States. The fact sheet summarizes applicable policy resources describing federal legal obligations to ensure that all students have equal access to education regardless of race, color, or national origin, pursuant to Title VI of the Civil Rights Act of 1964.

OCR also released a new data report today. The report describes student access to, and enrollment in, mathematics, science, and computer science courses drawing from data collected for the 2020-21 Civil Rights Data Collection (CRDC). The report reflects stark continuing inequities in education access throughout the nation. It also reports on enrollment disparities in classes, Advanced Placement courses, International Baccalaureate Diploma Programmes, and dual enrollment or dual credit programs, based on race and ethnicity, sex, disability, and English learner status.

 
May 2024

 

 

Office for Civil Rights Announces Dear Colleague Letter on Protecting Students from Discrimination, such as Harassment, Based on Race, Color, or National Origin, including Shared Ancestry or Ethnic Characteristics

The Department of Education’s (Department) Office for Civil Rights (OCR) today issued a new Dear Colleague Letter (DCL) to share resources about federal civil rights obligations of schools and other recipients of federal financial assistance from the Department to ensure nondiscrimination based on race, color, or national origin under Title VI of the Civil Rights Act of 1964 and its implementing regulations, specifically with respect to students and school community members who are or are perceived to be Jewish, Israeli, Muslim, Arab, Sikh, South Asian, Hindu, Palestinian or students of any other faith or whose families come from any other region of the world.

  • Read the Press Release
  • "Dear Colleague Letter on Protecting Students from Discrimination, such as Harassment, Based on Race, Color, or National Origin, including Shared Ancestry or Ethnic Characteristics"  PDF (402K) [OCR-000141]
April 2024

 

 

U.S. U.S. Department of Education’s Office for Civil Rights Announces Resolution of Sexual Harassment Compliance Review of Redlands Unified School District in California

Department of Education’s Office for Civil Rights (OCR) announced today that the Redlands Unified School District signed a resolution agreement to remedy violations OCR found of Title IX of the Education Amendments of 1972 regarding district responses to notice of sexual harassment of its students.

OCR found that the district had no system to monitor if its responses complied with Title IX and no evidence of having taken steps to stop harassment or to address its effects in 74% of the incidents reported over a three-year period. OCR also found that the district failed to investigate alleged sexual assaults, including after they were reported to law enforcement. OCR further found that the district failed to provide interim measures to alleged targets, to notify some parties of investigation outcomes, to adopt compliant Title IX grievance procedures, or to meet its Title IX coordinator obligations.

The agreement to resolve these violations and OCR’s concern about recordkeeping requires: coordinating responses to sexual harassment through the Title IX coordinator, taking further action if needed to respond equitably to incidents from the three-year period, reporting to OCR about these responses and future responses, ensuring compliant grievance procedures, training staff on them, improving recordkeeping, and administering a climate survey.



 

  • Redlands Unified School District – Resolution Letter  PDF (344K)
  • Redlands Unified School District – Resolution Agreement  PDF (220K)
April 2024

 

 

U.S. Department of Education Releases Final Title IX Regulations

The U.S. Department of Education (Department) today released its Final Rule under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities receiving Federal financial assistance.

The final regulations promote educational equity and opportunity for students across the country by restoring and strengthening vital protections for students, and provide schools with information to meet their Title IX obligations while offering appropriate discretion and flexibility to account for variations in school size, student populations, and administrative structures. The final regulations also promote accountability by requiring schools to take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their education programs or activities. The final regulations also reaffirm the Department's core commitment to fundamental fairness for all parties, the rights of parents and guardians to support their minor children, and respect for complainants' autonomy.

In addition to the Final Rule, the Department has released a fact sheet, a summary of the major provisions of the final regulations, and a resource for drafting Title IX nondiscrimination policies, notices of nondiscrimination, and grievance procedures. The Final Rule will be effective on August 1, 2024, and apply to complaints of sex discrimination regarding alleged conduct that occurs on or after that date. The Department is committed to supporting schools in implementing the final regulations and will provide technical assistance and additional resources to schools to support implementation and compliance.



 

  • Read the Press Release
  • The Federal Register official publication of the Final Rule (April 29, 2024)  PDF (4.0M)
  • Unofficial version of the Department’s 2024 Title IX Final Rule  PDF (4.4M)
  • Fact Sheet  PDF (197K)
  • Summary of Major Provisions of the Department’s 2024 Title IX Final Rule  PDF (327K)
  • Resource for Drafting Nondiscrimination Policies, Notices of Nondiscrimination, and Grievance Procedures  PDF (322K)
April 2024

 

 

Office for Civil Rights Announces Resolution of Pregnancy Discrimination Investigation of Hinds Community College

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) resolved an investigation of pregnancy harassment and disability discrimination involving Hinds Community College in Mississippi. OCR determined that the College violated Title IX after investigating allegations that the College failed to provide a pregnant student with necessary academic adjustments or necessary services during and after her pregnancy and, instead, encouraged the student to drop out of her program and complete it later. The College also violated Title IX by failing to respond in compliance with Title IX to the student’s complaints of pregnancy discrimination and harassment. OCR also identified a compliance concern relating to Section 504 because the evidence did not reflect that the College considered whether the student’s pregnancy complications constituted a temporary disability. The resolution agreement will ensure the College’s compliance with Title IX, Section 504, and their implementing regulations as they apply to requests for academic adjustments and necessary services based on pregnancy, pregnancy-related absences, and complaints of pregnancy discrimination.

The College’s commitments in the resolution agreement include the following: (1) revising its nondiscrimination notice, Title IX policies and grievance procedures to comply with Title IX; (2) publishing information on its website for pregnant students about their Title IX rights and how to seek academic adjustments, special services, or excused absences; (3) training its Title IX coordinator and other school employees involved in addressing Title IX requests from pregnant students regarding Title IX’s and Section 504’s protections for pregnant students and the academic adjustments and special services available to pregnant students; (4) tracking and documenting requests by pregnant students to ensure pregnancy-related adjustments are being provided; and (5) taking other measures to directly remedy the discrimination against the student.



 

  • Hinds Community College – Resolution Letter  PDF (332K)
  • Hinds Community College – Resolution Agreement  PDF (176K)
April 2024

 

 

Office for Civil Rights Reaches Agreement to Resolve Restraint and Seclusion Compliance Review of Denton Independent School District in Texas

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) resolved a compliance review of the Denton Independent School District in Texas. OCR’s review focused on whether the district’s use of restraint and seclusion during the 2017-18 and 2018-19 school years denied students with disabilities a free appropriate public education (FAPE) in violation of Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the Americans with Disabilities Act of 1990 (Title II), and their implementing regulations.

OCR’s review revealed concerns regarding the district’s compliance with Section 504 and Title II with respect to its restraint practices, including: (1) failure to timely initiate evaluations of students suspected of having disabilities after numerous restraints and failure to ensure restraint incidents are reviewed when evaluating and re-evaluating the individual educational needs of students with disabilities; (2) use of School Resource Officers (SROs) to assist with student restraints without ensuring SROs are properly trained in restraint in an educational setting and the district’s obligations to ensure students with disabilities are provided a FAPE; (3) failure to consistently record restraint incidents, including documenting information which would better enable the district to re-evaluate students’ individual needs; and (4) failure to provide adequate notice of the individual(s) designated by the district to coordinate its efforts to comply with Section 504 and Title II.

The resolution agreement requires the district to: (1) convene Section 504 and/or Admission Review and Dismissal (ARD) committees to re-evaluate the needs of students identified during the review who may have been denied a FAPE as a result of the district’s use of restraint; (2) review and revise as necessary the district’s policies and procedures governing restraint, including the involvement of SROs in restraint incidents; (3) develop a process for the creation, maintenance, and review of records documenting each incident of student restraint; (4) develop a process to ensure accurate reporting of all restraint incidents to the Department’s Civil Rights Data Collection; (5) review restraint incidents involving SROs between the 2022-23 and 2023-24 school years to assess impact on individual students and to inform the district’s policies and practices regarding SRO involvement in restraints; (6) review the district’s policies regarding the involvement of SROs in restraint incidents, including revising Memoranda of Understanding and district policy as necessary to ensure all policies and agreements include clearly defined roles and areas of responsibility for SROs, including when staff may involve SROs in restraints and how such incidents should be documented; (7) establish an annual review process for SRO involvement in student restraints; (8) establish a monitoring program to monitor the use of restraint in students in all district schools to safeguard student rights under Section 504 and Title II; (9) ensure that all staff who may be involved in student restraints receive training regarding the use of restraint on students, including the district’s policies and procedures relating to the recording of all incidents of restraint; (10) ensure that all staff receive training regarding the District’s obligation to provide a FAPE to students with disabilities pursuant to Section 504 and Title II; and (11) offer training to all SROs contracted by the district to serve on district campuses regarding the district’s policies and procedures regarding restraint, including recordkeeping procedures, as well as the district’s nondiscrimination obligations pursuant to Section 504 and Title II.



 

  • Denton Independent School District – Resolution Letter  PDF (321K)
  • Denton Independent School District – Resolution Agreement  PDF (191K)
April 2024

 

 

Office for Civil Rights Announces Resolution of Pregnancy Discrimination Investigation of Hinds Community College

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) resolved an investigation of pregnancy harassment and disability discrimination involving Hinds Community College in Mississippi. OCR determined that the College violated Title IX after investigating allegations that the College failed to provide a pregnant student with necessary academic adjustments or necessary services during and after her pregnancy and, instead, encouraged the student to drop out of her program and complete it later. The College also violated Title IX by failing to respond in compliance with Title IX to the student’s complaints of pregnancy discrimination and harassment. OCR also identified a compliance concern relating to Section 504 because the evidence did not reflect that the College considered whether the student’s pregnancy complications constituted a temporary disability. The resolution agreement will ensure the College’s compliance with Title IX, Section 504, and their implementing regulations as they apply to requests for academic adjustments and necessary services based on pregnancy, pregnancy-related absences, and complaints of pregnancy discrimination.

The College’s commitments in the resolution agreement include the following: (1) revising its nondiscrimination notice, Title IX policies and grievance procedures to comply with Title IX; (2) publishing information on its website for pregnant students about their Title IX rights and how to seek academic adjustments, special services, or excused absences; (3) training its Title IX coordinator and other school employees involved in addressing Title IX requests from pregnant students regarding Title IX’s and Section 504’s protections for pregnant students and the academic adjustments and special services available to pregnant students; (4) tracking and documenting requests by pregnant students to ensure pregnancy-related adjustments are being provided; and (5) taking other measures to directly remedy the discrimination against the student.



 

  • Hinds Community College – Resolution Letter  PDF (332K)
  • Hinds Community College – Resolution Agreement  PDF (176K)
March 2024

 

 

U.S. Department of Education’s Office for Civil Rights Reaches Agreement to Resolve Seven Investigations of the Park City School District’s Response to Harassment based on Race, National Origin, Sex, and Disability

The U.S. Department for Education’s Office for Civil Rights today announced that Park City School District has entered into an agreement to resolve seven complaints alleging that student-to-student harassment based on race, national origin, disability, and sex created hostile environments for students.

OCR found evidence of over 180 reported incidents at three district schools of students harassing other students during school years 2021-22 and 2022-23, including slurs, threats, name-calling, jokes, gestures, symbols, and assaults. At least in specific incidents, the district’s responses to harassment of Black, Asian, and Jewish students and to harassment based on sex were insufficient. OCR also found the district had actual knowledge of alleged student-to-student sexual harassment but failed to meet the requirements in the Title IX regulations. Additionally, OCR identified compliance concerns regarding the district’s responses to harassment of students with disabilities and Hispanic students and student-to-student harassment based on race and sex at its elementary schools; handling of what could have been considered formal complaints of sexual harassment under Title IX; and recordkeeping under Title VI and Section 504.

The resolution agreement requires the district to take several steps, including: (1) providing individual remedies, as needed, for students subjected to harassment; (2) reviewing, revising, and disseminating policies, procedures, and forms; (3) coordinating district compliance with Title IX through the Title IX Coordinator; (4) conducting a climate assessment; (5) training students, parents, and employees; and (6) reporting to OCR about the district’s responses to harassment in school years 2024-25 and 2025-26.



 

  • Park City School District – Resolution Letter  PDF (445K)
  • Park City School District – Resolution Agreement  PDF (342K)
 
March 2024

 

 

U.S. Department of Education Office for Civil Rights Reminds Schools of Their Legal Obligation to Address Discrimination Against Muslim, Arab, Sikh, South Asian, Hindu, and Palestinian Students

The Department of Education’s Office for Civil Rights (OCR) issued a new Dear Colleague Letter (DCL) reminding schools of their obligations to address discrimination against Muslim, Arab, Sikh, South Asian, Hindu, and Palestinian students. This letter is one component of the Biden-Harris Administration’s forthcoming National Strategy to Counter Islamophobia and Related Forms of Bias and Discrimination and is issued ahead of the International Day to Combat Islamophobia, which will be observed on March 15, 2024.



 

  • Read the Press Release
  • "Dear Colleague Letter: Addressing Discrimination Against Muslim, Arab, Sikh, South Asian, Hindu and Palestinian Students  PDF (235K) [OCR-000140]
February 2024

 

 

Office for Civil Rights Releases New Resources on Students with Disabilities

The Office for Civil Rights has issued new resources for schools, stakeholders, students with disabilities, and their families. These documents remind students with disabilities and elementary and secondary schools, as well as colleges and universities, of their respective rights and responsibilities under Section 504 of the Rehabilitation Act of 1973.

OCR also released a snapshot of data from the Civil Rights Data Collection (CRDC) from the 2020-21 school year that reveals differences in access to educational opportunities for students with disabilities compared to their non-disabled peers. The snapshot includes data on restraint and seclusion of students with disabilities; on enrollment in mathematics, science, and computer science courses; and on placement of students with disabilities in gifted and talented, dual credit, or dual enrollment programs, and in advanced placement classes.



 

  • Fact Sheet: Section 504 Protections for Students with Asthma  PDF (233K)
  • Fact Sheet: Section 504 Protections for Students with Diabetes  PDF (235K)
  • Fact Sheet: Section 504 Protections for Students with Food Allergies  PDF (262K)
  • Fact Sheet: Section 504 Protections for Students with GER or GERD  PDF (233K)
  • Profile of Students with Disabilities in U.S. Public Schools During the 2020-21 School Year  PDF (1.3M)
January 2024

 

 

Office for Civil Rights Reaches Agreement to Resolve Antisemitic Harassment in Red Clay Consolidated School District

The U.S. Department for Education’s Office for Civil Rights today announced that Red Clay Consolidated School District has entered into a resolution agreement to resolve an antisemitic Harassment complaint.

OCR’s investigation established that peers targeted a student for specific harassment because she is Jewish, and that included classmates throwing a paper airplane at her with “Blood of the Jews” and multiple swastikas as well as bloody imagery scrawled on it. Classmates also raised their arm in a “Heil Hitler” salute apparently towards the student, and multiple drawings of swastikas appeared on the student’s desk throughout the school year. While the District responded to most harassing incidents the student experienced, these responses were often haphazard, inconsistently enforced as well as inconsistently reflected in District documentation, did not consistently include effective or timely steps to mitigate the effects of the harassment on the student or other students, and did not appear to respond to escalating and repeated incidents.

The resolution agreement requires the District to take several steps, including: (1) offer to reimburse the student’s parents for past counseling, academic, or therapeutic services to address the antisemitic harassment; (2) publicize an anti-harassment statement; (3) revise its Title VI policies and procedures; (4) develop or revise its procedure for documenting the School’s investigation of reports of harassment; (5) conduct Title VI training for School staff; (6) provide an age-appropriate information program for students at the School to address discriminated based on race, color and national origin, including harassment based on shared ancestry and ethnic characteristics; (7) conduct an audit of complaints received during the 2021-2022, 2022-2023 and 2023-2024 school years; and (8) conduct a climate survey with students, provide OCR with a summary of the climate survey results, and the District’s proposed corrective actions in response to the survey results.



 

  • Red Clay Consolidated School District – Resolution Letter  PDF (322K)
  • Red Clay Consolidated School District – Resolution Agreement  PDF (138K)
January 2024

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Sexual Harassment Investigation of San Francisco Conservatory of Music

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that the San Francisco Conservatory of Music entered into a resolution agreement to ensure its compliance with Title IX of the Education Amendments of 1972, when responding to allegations of sexual harassment.

OCR determined that the Conservatory’s response to the Student’s complaint that another student sexually assaulted and stalked her violated Title IX. OCR found that the Conservatory failed to: provide her with reasonable supportive measures; give her and the respondent written notice of the allegations and its grievance process; adopt compliant grievance procedures; offer both parties a chance to review relevant evidence; issue a compliant investigative report; hold a live hearing; make a determination about each allegation of assault and stalking; allow the Student to appeal; and address reports that the respondent had violated a no-contact order.

The resolution agreement commits the Conservatory to: (1) revise its policies and procedures; (2) train its Title IX Coordinator and staff who respond to reports of sexual harassment; (3) report to OCR how the Conservatory responded to such reports this year and the last two years; (4) give the parties a copy of the investigative report; (5) take steps to protect the Student on campus; (6) offer to reimburse the Student for health-related costs; and (7) allow the Student to retake for free any class adversely affected by the Conservatory’s noncompliant response.



 

  • San Francisco Conservatory of Music – Resolution Letter  PDF (376K)
  • San Francisco Conservatory of Music – Resolution Agreement  PDF (228K)
 
2023
November 2023

 

 

Office for Civil Rights Releases List of Open Title VI – Shared Ancestry Investigations of Institutions of Higher Education and K-12 Schools

Today, as part of the Biden-Harris Administration’s continued efforts to take aggressive action to address the alarming rise in reports of antisemitic, anti-Muslim, anti-Arab, and other hate-based or bias-based incidents at schools and on college campuses since the October 7th Israel-Hamas conflict, the U.S. Department of Education's Office for Civil Rights released a list of the higher education institutions under investigation for possible violations of federal law over the handling of Title VI complaints involving shared ancestry. The list of institutions under investigation for Title VI shared ancestry issues will be updated weekly on the OCR website.

Releasing this list advances a key goal of President Biden’s promise to protect students, engage school and university leaders, and foster safe and supportive learning environments. The Biden administration is committed to putting an end to discrimination—particularly on college campuses.

November 2023

 

 

Office for Civil Rights Releases New Civil Rights Data on Students’ Access to Educational Opportunities During the Pandemic

Today, the Department of Education’s Office for Civil Rights unveiled new data from the 2020–21 school year.





 

November 2023

 

 

Office for Civil Rights Announces Dear Colleague Letter on Discrimination, including Harassment, Based on Shared Ancestry or Ethnic Characteristics

The Department of Education’s Office for Civil Rights (OCR) today issued a new Dear Colleague Letter to remind schools of their legal obligations under Title VI of the Civil Rights Act of 1964 to provide all students, including students who are or are perceived to be Jewish, Israeli, Muslim, Arab, or Palestinian, a school environment free from discrimination based on race, color, or national origin, including shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity. OCR is releasing this Dear Colleague Letter in response to increased public reports of harassing conduct in colleges, universities, and P-12 schools related to the Israel-Hamas conflict.



 

  • "Dear Colleague Letter: Discrimination, including Harassment, Based on Shared Ancestry or Ethnic Characteristics"  PDF (93K)
October 2023

 

 

Office for Civil Rights Resolves Sexual Harassment Compliance Review of Arcadia University in Pennsylvania

The U.S. Department for Education’s Office for Civil Rights (OCR) today announced that Arcadia University has entered into a resolution agreement to ensure the University complies with Title IX of the Education Amendments Act of 1972 (Title IX) when responding to complaints of sexual harassment.

OCR’s investigation established that students and faculty reported a University professor’s sexually harassing conduct for a period of several years. When the reports of the professor’s alleged sexual harassment were first made to the University several years ago, the University failed to take any action due to the mistaken belief that the University could not investigate a tenured faculty member and the mistaken belief that the conduct alleged did not state a Title IX claim because no allegation was made of inappropriate touching. Because of the University’s inaction, the professor allegedly engaged in retaliation against the students who first reported his conduct, and the alleged sexually harassing conduct persisted for several years. When students again reported the professor’s alleged sexually harassing conduct several years later, while the University initiated an investigation, it improperly ceased all Title IX activities upon notice of the Professor’s resignation even though it had several weeks upon which a hearing could have been scheduled before his resignation became effective.

The resolution agreement requires the University to take certain steps, including: (1) complete its investigation of the sexual harassment complaint against the professor, and offer appropriate remedies if the conduct is substantiated; (2) conduct several years of file reviews of sexual harassment complaints made against staff, and complaints of sexual harassment made against the professor, and offer appropriate remedies, if the conduct is substantiated; (3) provide OCR with documentation of Title IX case file reviews for a period of two years following the execution of the agreement; (4) conduct a climate survey with students, provide OCR with a summary of the climate survey results and the University’s proposed corrective actions in response to the survey results; (5) revise its Title IX Policy and Procedures, provide Title IX training to University faculty and staff, and post its Title IX training materials on its website.



 

  • Arcadia University – Resolution Letter  PDF (302K)
  • Arcadia University – Resolution Agreement  PDF (267K)
October 2023

 

 

Office for Civil Rights Announces Resolution of Sex-Based Harassment Investigation of Taft College in California

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Taft College in California has entered into a resolution agreement to ensure the College’s compliance with Title IX of the Education Amendments of 1972, when responding to allegations of employee harassment based on sex, including sex stereotyping, of its students.

OCR found that the college failed to respond as required by Title IX to repeated allegations from one of its students, who is transgender, that college employees harassed the student based on sex for more than a year, including through sex stereotyping and misgendering the student. OCR found that the College did not respond to these allegations to confirm their occurrence or redress the harm the student reported experiencing. As a result, OCR determined that the college subjected the student to a hostile environment based on sex that negatively impacted the student’s education.

The District’s commitments in the resolution agreement include: (1) offering to reimburse the student for counseling to address the effects of the harassment during the student’s enrollment; (2) reviewing and revising, as necessary, its policies and procedures to clarify that harassment based on sex includes harassment based on sex stereotyping; (3) training its employees who respond to sex-based harassment about the college’s obligations under Title IX; and (4) providing documentation to OCR demonstrating that the college’s responses to complaints of sex-based harassment during the 2022-2023 and 2023-2024 academic years complied with Title IX.

  • Taft College – Resolution Letter  PDF (294K)
  • Taft College – Resolution Agreement  PDF (277K)
October 2023

 

 

Office for Civil Rights Announces Resolution of Title IX Athletics Investigation of Morgan Hill Unified School District in California

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Morgan Hill Unified School District in California entered into a resolution agreement to ensure compliance with Title IX of the Education Amendments of 1972 as to the athletics program at Live Oak High School.

OCR identified compliance concerns that the district failed to provide female student athletes with equivalent opportunities with respect to equipment, scheduling of game times, travel, coaching, locker room and competitive facilities, medical and training facilities, and publicity. Evidence in the investigation included, for example, that the baseball program had two fields while the softball program had only one field that lacked features such as, lighting, a scoreboard, and a PA system that the baseball field had. OCR also reviewed evidence that some boys’ programs may have enjoyed charter bus transportation to games whereas girls’ programs had to rely on their own transportation. OCR also found evidence that the girls’ programs, as compared to the boys’ programs, may not have had similar quality equipment, equal access to locker rooms, and equitable publicity from the school’s social media accounts.

The District’s commitments in the resolution agreement include: (1) creating committees to ensure that differences in fundraising will not create disparities in athletic equipment, uniforms, or supplies based on sex; (2) renovating the softball facilities so that they are equitable to the baseball facilities; (3) giving female athletes equivalent opportunities to receive coaching and equitable transportation, publicity, and medical/training resources; and (4) training employees on the district’s obligations under Title IX and its application to athletics.

  • Morgan Hill Unified School District– Resolution Letter  PDF (284K)
  • Morgan Hill Unified School District– Resolution Agreement  PDF (288K)
October 2023

 

 

Office for Civil Rights Resolves Compliance Review of New London Public Schools in Connecticut

The U.S. Department of Education’s Office for Civil Rights (OCR) today resolved a compliance review of New London Public Schools in Connecticut with a resolution agreement to address the district’s handling of sexual assault cases, including those involving student and staff misconduct.

OCR found that the district violated Title IX by not ensuring adequate Title IX coordination and oversight during the 2020-2021 and 2021-2022 school years, failing to adopt and publish Title IX grievance procedures that complied with Title IX, and failing to respond equitably to complaints of employee-involved sexual harassment. Notably, the district did not independently investigate allegations of sexual harassment by two employees because they were being investigated by the police and the Connecticut Department of Children and Families.

OCR also had concerns regarding the adequacy of district Title IX coordination and oversight during the 2019-2020 school year, recordkeeping practices and responses to complaints of student-involved sexdual harassment, including that the district may not have taken sufficient action to end harassment, prevent its recurrence, and remedy its effects.

The resolution agreement requires the district to: revise Title IX grievance procedures to ensure compliance with Title IX and consistency across related policies and procedures; its current recordkeeping proceedures provide OCR with response to all reports and formal complaints of sexual harassment between the 2021-2022 and the 2024-2025 school years; a written description of the Title IX Cooridnators(s)'s responsibilities; annual Title IX training for all district administrators, staff, Title IX Coordinators(s), investigators, decision-makers, and any person who facilitates an informal resolution process; and issue a student climate survey in grades 6-12 to assess any need for aditional changes.

  • New London Public Schools – Resolution Letter  PDF (445K)
  • New London Public Schools – Resolution Agreement  PDF (279K)
October 2023

 

 

Office for Civil Rights Resolves Restraint and Seclusion Compliance Review of Folsom Cordova Unified School District in California

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that the Folsom Cordova Unified School District in California has entered into a resolution agreement to ensure that its restraint and seclusion policies and practices do not deny students with disabilities a free appropriate public education (FAPE). OCR determined that the district violated Section 504 and Title II because (1) the district did not convene a group of knowledgeable persons to evaluate whether students with identified disabilities needed a change in placement when the district had reason to suspect that the students needed an evaluation or reevaluation due to the repeated use of restraints and time away from the classroom; (2) the district staff who were making placement decisions for students with disabilities at nonpublic schools (NPS) were not knowledgeable about the emergency procedures being used at the NPS in some instances; and (3) placement decisions were made in some instances entirely outside of the process required under Section 504. OCR also identified a compliance concern that the district may have failed to implement the Individualized Education Programs (IEPs) and Behavior Intervention Plans (BIPs) for some students and thereby denied those students a FAPE. OCR also identified a recordkeeping concern because the IEPs and BIPs for students placed in time away did not consistently address whether and how time away should be used, and other records were not always complete or accurate.

The resolution agreement requires the district to: (1) revise its policies, procedures, and forms for restraint and seclusion; (2) distribute the revised policies to district staff and NPS employees; (3) ensure a process to create and maintain records about its use of restraint and seclusion; (4) provide training on the revised policies and the Section 504 FAPE requirements to teachers, administrators, and other members of IEP and Section 504 teams; (5) ensure that NPS staff serving district students receive training on the revised policies; (6) provide an individual remedy for students who experienced restraint or seclusion during the review period by convening their IEP or Section 504 team to determine if compensatory services are needed, and if so, by timely providing such services; (7) conduct a review to determine whether any other district students were denied a FAPE due to the district’s or an NPS’s use of restraint or seclusion from 2019 to the present, and to implement responsive remedies based on this review; and (8) implement a program to monitor the use of restraint and seclusion with students in district schools and NPSs to safeguard their Section 504 and Title II rights.

  • Folsom Cordova Unified School District – Resolution Letter  PDF (469K)
  • Folsom Cordova Unified School District – Resolution Agreement  PDF (421K)
September 2023

 

 

Office for Civil Rights Announces Resolution of Disability Harassment Investigation of Allegheny Valley School District in Pennsylvania

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Allegheny Valley School District in Pennsylvania entered into a resolution agreement to ensure it complies with Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the Americans with Disabilities Act of 1990 (Title II), and their implementing regulations, when responding to disability-based harassment.

OCR determined that the district violated Section 504 and Title II and their regulations when students subjected a student with a disability to harassment so pervasive that it constituted a hostile environment and the district failed to take necessary steps to protect the student, end the harassment, and assess whether the harassment impeded the student’s ability to access the district’s educational program. OCR’s investigation found that over six months, classmates repeatedly directed disability slurs at the student and both physically attacked the student and threatened to attack the student in a manner directly related to his disability.

The resolution agreement commits the district to take certain steps, including: (1) distributing a memorandum to all district staff affirming the district’s obligations pursuant to Section 504 and Title II; (2) training all School staff; (3) offering individual remedies to the Student, such as counseling, academic or other therapeutic services to remedy the effects of the harassment; (4) convening the student’s IEP team, as appropriate, to determine whether he experienced a FAPE impact due to the harassment; (5) reviewing all bullying incidents for a three year period at the School to determine any needed additional remedies; and (6) a climate assessment to evaluate needed additional supports to ensure a nondiscriminatory school environment for students.



 

  • Allegheny Valley School District – Resolution Letter  PDF (285K)
  • Allegheny Valley School District – Resolution Agreement  PDF (231K)
September 2023

 

 

Office for Civil Rights Resolves Sexual Harassment Compliance Review of Alpine School District in Utah

The U.S. Department of Education’s Office for Civil Rights (OCR) announced today that the Alpine School District in Utah has entered into a resolution agreement to ensure the district’s compliance with Title IX of the Education Amendments Act of 1972 when responding to notice of sexual harassment of its students by other students and employees. OCR found that the district failed to appropriately investigate reports of employee-to-student and student-to-student sexual assaults, including after they were reported to law enforcement, leaving affected students without redress. OCR also found that the district failed: to provide interim measures to alleged victims of the assaults; to take effective steps to prevent recurrence of substantiated sexual assaults and to remedy the hostile environment; and to consistently notify students and parents of investigation outcomes. The district also failed to consistently notify students, parents, and employees of its Title IX coordinator, to coordinate its efforts to comply with Title IX through this coordinator, and to adopt compliant grievance procedures. OCR also identified concerns with the district’s responses to off-campus sexual harassment, its training for employees, and its record-keeping, including that it reported only one sexual assault for OCR’s 2017-18 Civil Rights Data Collection, but later reported 20 student-to-student sexual assaults for that same year in this case.

The resolution agreement requires the district to: (1) coordinate its efforts to comply with Title IX through its Title IX coordinator; (2) notify students, parents, and employees of its Title IX coordinator; (3) revise its Title IX policies and procedures; (4) disseminate a compliant notice of nondiscrimination; (5) train employees and students about its Title IX procedures and how to report sexual harassment; (6) review case files for reported incidents of sexual harassment from school years 2017-18 through 2019-20 to determine if further action is needed; (7) improve its record-keeping and report accurate data to the CRDC; (8) administer school climate surveys; and (9) report to OCR on the district’s responses to reports and complaints of sexual harassment.



 

  • Alpine School District – Resolution Letter  PDF (389K)
  • Alpine School District – Resolution Agreement  PDF (225K)
September 2023

 

 

Office for Civil Rights Reaches Agreement to Resolve Title VI Discipline Compliance Review of Winston-Salem/Forsyth County Schools in North Carolina

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Winston-Salem/Forsyth County Schools entered into a resolution agreement regarding student discipline. The school district committed to take steps to ensure that its disciplinary practices do not discriminate against students on the basis of race in violation of Title VI of the Civil Rights Act of 1964. OCR’s investigation identified concerns that African American students may have been subjected to harsher discipline than white students with similar discipline histories and conduct, and that a lack of clarity in the district’s discipline code may have contributed to this potential different treatment.

The resolution agreement requires the district to build on its previous efforts to ensure fair and equitable disciplinary policies and practices by reviewing and revising as needed its current discipline code; training administrators and staff on the code; collecting and analyzing discipline data; coordinating with local law enforcement agencies on School Resource Officer data collection, training, and monitoring; assessing its alternative school programs; providing information on its discipline policies for students and families; and submitting annual reports monitoring the effectiveness of its efforts.



 

  • Winston-Salem/Forsyth County Schools – Resolution Letter  PDF (547K)
  • Winston-Salem/Forsyth County Schools – Resolution Agreement  PDF (185K)
September 2023

 

 

Office for Civil Rights Reaches Agreement to Resolve Sex Discrimination and Harassment Investigation of Nash County Public Schools in North Carolina

The U.S. Department of Education’s Office for Civil Rights (OCR) Today announced that Nash County Public Schools in North Carolina entered into a resolution agreement to ensure compliance with Title IX of the Education Amendments of 1972 with respect to responding to reports of sexual harassment and enforcement of its dress code.

OCR’s investigation reflects that during the first week of the 2022-2023 school year, an individual posted on social media an anonymous threat of sexual violence against freshman girls at a district high school; and that staff members at the high school were generally aware of potentially harassing social media posts, including posts of a sexual nature, as early as February 2022. Based on its investigation to date, OCR is concerned that the district did not respond as required by Title IX to notice that students at the school may have been sexually harassed in a manner that impeded their access to the school’s education program and activities and that the district selectively enforced its dress code based on sex stereotypes, inconsistent with Title IX.

The district’s commitments in the resolution agreement include: (1) reviewing and, as necessary, revising its dress code to ensure it does not discriminate based on sex and informing people that they may contact the district’s Title IX coordinator if they believe the dress code has been administered in a discriminatory manner; (2) training staff at the high school about their Title IX obligations including with respect to responding to reports of sexual harassment, enforcing the dress code, and not separating students based on sex except as permitted by Title IX; and (3) reviewing and, where necessary, investigating reports of sexual harassment at the high school in accordance with Title IX and the district’s grievance procedures.



 

  • Nash County Public Schools – Resolution Letter  PDF (309K)
  • Nash County Public Schools – Resolution Agreement  PDF (131K)
September 2023

 

 

Office for Civil Rights Resolves Restraint and Seclusion Compliance Review of Spectrum Academy in Utah

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Spectrum Academy in Utah has entered into a resolution agreement to ensure that its restraint and seclusion policies and practices do not deny students with disabilities their civil rights in violation of Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the Americans with Disabilities Act of 1990 (Title II), and their implementing regulations. OCR’s investigation revealed that the Academy failed to hold Individualized Education Program (IEP) meetings for specific students with disabilities to evaluate the impact on the students of repeated use of restraint and seclusion and failed to consider the need for compensatory services for these students. OCR also identified four compliance concerns related to another 26 students whom OCR identified as being restrained and/or secluded multiple times in two years. First, the Academy may have failed to consider the educational impact of the repeated use of restraint and seclusion on these students. Second, the Academy may have failed to re-evaluate them to determine if the repeated use of restraint and seclusion for these students caused them to miss instruction or services, denied them a free appropriate public education (FAPE), and indicated a need for more aids and services to ensure a FAPE. Third, the Academy did not evaluate the need for or offer compensatory services to these students for missed services and instruction. Finally, OCR identified a concern that the Academy’s recordkeeping regarding restraint and seclusion may have prevented the Academy from being able to determine whether its current array of special education and related aids and services was sufficient to provide a FAPE. OCR also noted significant inaccuracy in the Academy’s report to the 2017-18 Civil Rights Data Collection (CRDC), which suggests that the Academy’s system for maintaining records regarding restraint and seclusion may be inadequate to allow the Academy to accurately report incidents of restraint to the CRDC.

The resolution agreement requires the Academy to: (1) revise and distribute its policies, procedures, and forms for restraint and seclusion to its staff to comply with Title II and Section 504; (2) train all teachers, administrators, and other members of IEP and Section 504 teams on the revised policies and the Section 504 FAPE requirements; (3) provide individual remedies for students who were restrained and/or secluded during the review period, by convening their IEP teams and by timely providing compensatory services where appropriate; (4) conduct a review to determine whether any other Academy students were denied a FAPE due to restraint or seclusion from 2019 to the present, and to implement responsive remedies based on this review; (5) maintain complete records about the use of restraint and seclusion and accurately report to the CRDC; and (6) monitor the use of restraint and seclusion to safeguard the civil rights of Academy students.



 

  • Spectrum Academy - Resolution Letter  PDF (530K)
  • Spectrum Academy - Resolution Agreement  PDF (219K)
August 2023

 

 

Office for Civil Rights Resolves Sexual Harassment Compliance Review of Newark Public Schools in New Jersey

The Department of Education announced that the Office for Civil Rights (OCR) has secured a resolution agreement with the Newark Public School District in New Jersey to ensure the district’s compliance with Title IX of the Education Amendments Act of 1972 when responding to notice of sexual harassment of its students by other students and employees.

OCR determined that the district discriminated against students based on sex by failing to respond to incidents of sexual harassment and assault and that it failed to coordinate its responses through its designated Title IX Coordinator. Specifically, OCR found that the Title IX Coordinator did not, and currently does not, coordinate the district’s efforts to comply with its responsibilities under Title IX. Additionally, OCR found that the district failed to investigate confirmed Title IX concerns about employees’ sexually harassing students and deferred its Title IX obligations to respond to such sexual harassment to a state agency for several years without ensuring those obligations were met. OCR further found that the district repeatedly failed to respond to incidents of student-to-student sexual harassment, to address its effect on targeted students, to prevent its recurrence, and to notify the parties of investigation outcomes. OCR also determined that the district did not consistently notify employees, students, and their parents of its designated Title IX Coordinator and that its notice of nondiscrimination and grievance procedures did not comply with Title IX. Lastly, OCR identified concerns about the district’s recordkeeping of sexual harassment incidents.

The district’s commitments in the voluntary resolution agreement include: ensuring that the Title IX coordinator coordinates all of the district’s efforts to comply with Title IX moving forward; developing a program to assess the effectiveness of the district’s Title IX anti-discrimination efforts; revising policies and procedures to comply with the Title IX regulations; training staff and students regarding the district’s Title IX procedures regarding sexual harassment; maintaining required records about reports of sexual harassment; reviewing case files for reported incidents of sexual harassment of district students from school years 2017-2018 through 2021-2022 to determine if further action is needed to resolve each incident equitably; disseminating a notice of nondiscrimination that complies with Title IX; and administering an annual school climate survey to district employees and students at each district school.



 

  • Newark Public Schools - Resolution Letter  PDF (470K)
  • Newark Public Schools - Resolution Agreement  PDF (340K)
August 2023

 

 

U.S. Department of Education’s Office for Civil Rights Issues Dear Colleague Letter on Race and School Programming

Today, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) released a Dear Colleague Letter on Race and School Programming to guide schools on lawful programs to promote racially inclusive school communities. This resource clarifies the circumstances under which schools can – consistent with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations – develop curricula or engage in activities that promote racially inclusive school communities. The resource includes examples to help school communities assess their Title VI legal obligations and protections.

The resource explains that Title VI generally does not restrict school districts from holding assemblies, meetings, focus groups, or listening sessions that relate to students’ experiences with race in their school or community. The resource also states that school-sponsored or recognized groups or programs with a special emphasis on race, such as a student club or mentorship opportunity, that are open to all students, do not violate Title VI simply because of a race-related theme.

Schools may be in violation of Title VI when they separate students based on race even if programming for each group is identical. Schools also may violate Title VI when they create, encourage, accept, tolerate, or fail to correct a racially hostile educational environment.



 

  • "Dear Colleague" Letter  PDF (638K)
August 2023

 

 

U.S. Department of Education's Office for Civil Rights Announces Resolution of Sexual Assault and Disability Discrimination Investigation of Pflugerville Independent School District in Texas

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) resolved an investigation of sexual assault and disability discrimination regarding the Pflugerville Independent School District in Texas. OCR determined that the district violated Title IX by failing to respond equitably to notice that a student was sexually assaulted by another student in a school restroom in the 2018-2019 school year. OCR also determined that in the above school year, the district violated Section 504 and Title II by failing to provide the student with a required disability accommodation in one of her classes as provided by her Section 504 plan. In addition, OCR identified other related Section 504 and Title II compliance concerns.

The resolution agreement provides that the district will: (1) offer the student and her family a meeting to discuss the district’s handling of the sexual assault allegation and offer reimbursement for the student’s related counseling expenses; (2) designate a Title IX Coordinator; (3) conduct Title IX and Section 504/Title II training for relevant District and school staff; (4) provide OCR with information and documentation regarding sexual harassment complaints received in the 2021-2022 and 2022-2023 school years; (5) develop and disseminate a sexual harassment climate survey to the school’s students; and (6) develop and implement a record-keeping system and procedures to document and preserve all sexual harassment complaints and related documentation.

  • Pflugerville Independent School District – Resolution Letter  PDF (387K)
  • Pflugerville Independent School District – Resolution Agreement  PDF (642K)
August 2023

 

 

U.S. Departments of Education and Justice Release Resources to Assist Colleges and Universities in Complying with U.S. Supreme Court’s Decision on the Use of Race in Higher Education Admissions

Today, the U.S. Department of Education’s (ED) Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division (Justice) jointly released resources to help colleges and universities understand and comply with the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina et al. as they continue to pursue campuses that are racially diverse and that include students with a range of viewpoints, talents, backgrounds, and experiences.

  • Read the Dear Colleague Letter  PDF (256K)
  • Read the Questions and Answers Resource  PDF (522K)
July 2023

 

 

Office for Civil Rights Reaches Agreement to Resolve Sexual Harassment Compliance Review of Garland Independent School District in Texas

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) resolved a compliance review of the Garland Independent School District in Texas with a resolution agreement to address the District’s handling of sexual assault cases, including those involving student and staff misconduct.

OCR determined the District violated Title IX by routinely delaying its investigation of Title IX complaints when law enforcement was involved, and, in some instances, failing to conduct a Title IX investigation and instead relying on law enforcement findings. OCR had a concern regarding the District’s lack of a centralized system for tracking and maintaining Title IX complaint files, which resulted in significant gaps in its recordkeeping. OCR also identified a concern regarding the District’s failure to provide adequate Title IX training for its Title IX Coordinator, administrators, and staff. Additionally, OCR is concerned about the Title IX Coordinator’s ability to coordinate the District’s efforts to comply with its Title IX responsibilities while holding multiple positions in the District. Lastly, OCR also found Title IX violations and had concerns related to the District’s Title IX policies and grievance procedures.

The resolution agreement provides that the District will: (1) take the necessary steps to ensure the District does not discriminate on the basis of sex by reviewing and revising its Title IX grievance procedures and its notice of nondiscrimination, to secure compliance with the Title IX regulation; (2) develop and implement a centralized record-keeping system and procedures that adequately and accurately document and preserve all complaints of sexual harassment and sexual assault; (3) provide OCR with information regarding the District’s processing of each formal complaint of sexual harassment and sexual assault filed with the District during the previous and upcoming school years; (4) provide Title IX training to District staff and age-appropriate education or other resources to students; and (5) conduct a climate survey to be distributed to its students and staff regarding sexual harassment, including sexual assault.

  • Garland Independent School District – Resolution Letter  PDF (344K)
  • Garland Independent School District – Resolution Agreement  PDF (191K)
June 2023

 

 

U.S. Department of Education’s Office for Civil Rights Announces Agreement with Rhinelander School District to Ensure Compliance with Title IX Concerning Harassment Based on Gender Identity

Today the U.S. Department of Education’s Office for Civil Rights (OCR) announced the Rhinelander School District entered into an agreement to ensure compliance with Title IX of the Education Amendments of 1972 when responding to harassment based on gender identity.

Based on the evidence in the investigation to date, OCR is concerned that the District response to the persistent harassment limited the student’s participation in school activities. OCR is also concerned that the District records miscoded sex-based harassment, including the use of a slur for gay people, as “peer mistreatment”; did not document the multiple complaints of sex-based harassment brought by the student and their parent; and did not adequately document the District’s responses. Moreover, the District Title IX Coordinator reported that she was unaware of reports of sex-based harassment of the student until after the complainant filed with OCR and therefore had not coordinated a response consistent with Title IX.

The District’s commitments in the voluntary resolution agreement include evaluating whether compensatory services or other services are necessary for the harassed student due to the instructional time the student missed when attending in-person classes on an only part-time basis; providing training to all District administrators and staff regarding the District’s obligation to respond to complaints of sex-based harassment; providing age-appropriate information programs for students to address sex-based harassment, including what students should do if they believe they or other students have experienced such harassment; and conducting a climate survey to assess the prevalence of sex-based harassment and obtain suggestions for effective ways to address harassment.

  • Rhinelander School District – Resolution Letter  PDF (229K)
  • Rhinelander School District – Resolution Agreement  PDF (221K)
June 2023

 

 

U.S. Department of Education’s Office for Civil Rights Reaches Agreement to Resolve Sexual Harassment Investigation of Montgomery College in Maryland

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Montgomery College, Takoma/Silver Spring Campus, has entered into a resolution agreement to resolve a sexual harassment complaint. OCR’s investigation established that a College professor engaged in sexual harassment of female students during a class he taught by requiring the students to remove their shirts and wear only their bras – and then commenting on their bodies – ostensibly to demonstrate a medical assessment despite the fact that the assessment did not require the clothing removal, or the bodily commentary.

Within approximately three months of the initial report of the professor’s harassment, the College’s investigation confirmed that the professor’s conduct created a hostile environment on the basis of sex. The College terminated the professor’s employment and the College provided written notice of the outcome of its investigation to the student in the class who initially reported experiencing sexual harassment, and also offered supportive services to affected students. However, the College did not notify all affected students regarding the conclusion of its investigation, raising a concern that the College may not have taken necessary steps to ensure that a hostile environment did not persist for affected students.

The resolution agreement requires the College to notify in writing all students in the professor’s class that the College completed its investigation of the sexual harassment complaint against the professor and requires the College to provide OCR with the results of its 2022 Title IX climate survey and a narrative summary of the steps it has taken in response to any concerns raised by that survey in order for OCR to determine whether the College needs to take any additional steps to ensure College students are able to access their education free from discrimination.

  • Montgomery School District – Resolution Letter  PDF (255K)
  • Montgomery School District – Resolution Agreement  PDF (149K)
June 2023

 

 

U.S. Department of Education’s Office for Civil Rights Issues a Fact Sheet on Ensuring Meaningful Participation in Advanced Coursework and Specialized Programs for Students Who Are English Learners

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) released a new fact sheet discussing access to specialized or advanced educational programs and services for students who are English Learners (ELs). These programs and services provide valuable educational opportunities, and are often designed to boost college access, increase degree attainment, and improve occupational skills. Data collected as part of OCR’s Civil Rights Data Collection show that students who are ELs have lower participation in specialized and advanced programs.

The fact sheet explains the legal requirements that schools must follow to ensure that eligibility requirements and procedures for specialized or advanced educational programs do not screen out students who are ELs because of their limited English proficiency unless a program is demonstrated to require proficiency in English for meaningful participation. It also identifies kinds of practices that could, depending on facts and circumstances, raise concerns under Title VI of the Civil Rights Act of 1964, which prohibits schools from discriminating based on race, color, or national origin. The fact sheet reminds schools that students who are ELs remain entitled to appropriate language assistance services while participating in advanced or specialized programs. More information about OCR’s work in this area is available here.

  • Ensuring Meaningful Participation in Advanced Coursework and Specialized Programs for Students Who Are English Learners  PDF (490K)
    • En español (Spanish)  PDF (283K)
June 2023 

U.S. Department of Education and U.S. Department of Justice Release Fact Sheets on Protecting Access to Education for Migratory and Unaccompanied Children

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) and the U.S. Department of Justice’s Civil Rights Division (Justice) jointly released two fact sheets: Protecting Access to Education for Migratory Children and Protecting Access to Education for Unaccompanied Children. The fact sheets highlight specific challenges some migratory children and unaccompanied children may face while accessing public education. The fact sheets also explain where families can seek help and remind public schools of their responsibilities to migratory and unaccompanied children under federal civil rights laws. Specifically, public schools must 1) be open to all students, including unaccompanied and migratory children, regardless of their or their parents’ immigration status; 2) offer language assistance services to K-12 students who have limited English proficiency, including unaccompanied and migratory children; and 3) make information about enrollment, classes, and other educational programs and activities accessible to parents and guardians who have limited English proficiency. More information about OCR’s work in this area is available here.

  • Protecting Access to Education for Migratory Children  PDF (225K)
    • En español (Spanish)  PDF (226K)
  • Protecting Access to Education for Unaccompanied Children  PDF (225K)
    • En español (Spanish)  PDF (223K)
 
June 2023

 

 

U.S. Department of Education’s Office for Civil Rights Reaches Settlement with Val Verde Unified School District in California

The U.S. Department of Education’s Office for Civil Rights (OCR) announced today that the Val Verde Unified School District in California has entered into a resolution agreement to ensure the District’s compliance with Title IX when responding to notice of sexual harassment of its students by other students and employees. OCR determined that the District discriminated against students based on sex by failing to respond appropriately under Title IX to notice of sexual harassment. Specifically, OCR found that the District repeatedly failed to address the effects of the sexual harassment on targeted students, to prevent recurrence of harassment on the targeted students, did not take sufficient steps to prevent recurrence of harassment, and failed to provide adequate notice of the investigation outcomes to targeted students and their parents. In addition, OCR found a failure, persisting today, by the District to coordinate its response to sexual assault and harassment incidents across schools as required by the Title IX regulations. As a result, the District had no system in place to monitor whether schools’ responses complied with Title IX requirements or to identify emergent patterns or systemic problems by school of Districtwide. OCR also determined that the District’s implementation of its current Title IX grievance procedures does not comply with the 2020 amended Title IX regulation regarding sexual harassment, that the District’s Title IX grievance procedures in place during the time period reviewed were inequitable because they treated complainants and respondents differently, and the District had not fulfilled its Title IX duty to publish those procedures to communicate to students, parents, and employees how to use them to file Title IX complaints of sexual harassment. The District’s commitments to resolve these findings include: (1) developing a program to assess the effectiveness of the District’s Title IX anti-discrimination efforts; (2) revising its Title IX policies and procedures to comply with the Title IX regulations; (3) training its staff and students about the District’s Title IX procedures, how to identify what constitutes sexual harassment, and how to report such harassment; (4) maintaining required records regarding reports of sexual harassment; (5) disseminating a notice of nondiscrimination that complies with Title IX; and (6) administering a biannual school climate survey to District employees and students to evaluate the climate at each District school with respect to sexual harassment.

  • Val Verde Unified School District – Resolution Letter  PDF (350K)
  • Val Verde Unified School District – Resolution Agreement  PDF (289K)
June 2023

 

 

U.S. Department of Education’s Office for Civil Rights Resolves Racial Harassment Investigation of Beecher Community Unit School District 200 in Illinois

Today the U.S. Department of Education’s Office for Civil Rights (OCR) announced that the Beecher Community Unit School District 200U entered into an agreement to ensure compliance with Title VI of the Civil Rights Act of 1964 when responding to notice of the racial harassment of its students by other students.

During the investigation, OCR found concerns that the District did not conduct adequate investigations of possible racially harassing conduct; did not appear to consider the totality of the circumstances and the cumulative effects of the harassment on the student; did not follow its grievance procedures or conduct complete investigations of possible racially harassing conduct; and did not appear to take escalating steps reasonably designed to prevent the harassment from recurring and remedy the effects of the harassment on the student and other students.

The District’s commitments in the voluntary resolution agreement include taking prompt and appropriate responsive action to investigate the allegations that the student and other Black students were harassed on the basis of race during the 2021-2022 and 2022-2023 school years; providing all school administrators, faculty, and staff with effective annual training regarding racial discrimination and harassment; he basis of race; providing age-appropriate orientation session for all school students regarding racial discrimination and harassment; developing a school climate survey to administer to students at the school to assess the effectiveness of training and to ensure the school is free of racial harassment; and maintaining documents relating to specific complaints or other reports of racial harassment of students to ensure that its files contain all information necessary to process complaints under Title VI.

  • Beecher Community Unit School District 200U – Resolution Letter  PDF (223K)
  • Beecher Community Unit School District 200U – Resolution Agreement  PDF (291K)
May 2023

 

 

Office for Civil Rights Reaches Agreement to Resolve Sexual Harassment Compliance Review of Mingo County Schools in West Virginia

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) resolved a compliance review of the Mingo County Schools in West Virginia with a resolution agreement to address the District’s handling of sexual assault cases, including those involving student and staff misconduct. During the investigation, OCR found concerns that the district did not complete investigation of allegations of serial misconduct and may have treated male respondents less favorably than female respondents. OCR also determined that the district violated Title IX through failing to identify a Title IX coordinator in a timely manner, failing to adopt and publish grievance procedures and a notice of nondiscrimination that complied with Title IX, and failing to adopt recordkeeping practices with regard to Title IX complaints. The resolution agreement will commit the district to  ensuring a school environment free from discrimination on the basis of sex through hiring a Title IX coordinator and providing training; reviewing and revising its Title IX policies and submitting to OCR case file documentation sufficient to show that the district’s revised Title IX policies are compliant and effective;  publishing a compliant notice of nondiscrimination; reviewing all complaints of student and staff Title IX misconduct during the period of the investigation; and conducting a survey of students and parents to identify additional changes. 

  • Mingo County Schools – Resolution Letter  PDF (492K)
  • Mingo County Schools – Resolution Agreement  PDF (271K)
May 2023

 

 

U.S. Departments of Education and Justice Release Resource on Confronting Racial Discrimination in Student Discipline

Today, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division jointly released a Resource on Confronting Racial Discrimination in Student Discipline. The Resource describes how the Departments resolved investigations of 14 school districts in 10 states nationwide under Title VI of the Civil Rights Act of 1964 and its regulations, and Title IV of the Civil Rights Act of 1964. The investigations involved concerns about discrimination in schools’ use of out-of-school suspensions, expulsions, school-based arrests, referrals to law enforcement, involuntary discipline transfers, informal removals, and other disciplinary actions against Black, Latino, and/or Native American students. 

  • Read the resource (English)  PDF (1.06M)
  • En español (Spanish)  PDF (1.06M)
May 2023

 

 

U.S. Department of Education Releases Dear Colleague Letter on Addressing Discrimination Against Jewish Students

Today the Department of Education’s (Department) Office for Civil Rights (OCR) issued a new Dear Colleague Letter reminding schools of their legal obligations under Title VI of the Civil Rights Act of 1964 (Title VI) to provide all students, including students who are or are perceived to be Jewish, a school environment free from discrimination based on race, color, or national origin, including shared ancestry or ethnic characteristics. OCR is releasing this Dear Colleague Letter as part of the Department’s launch of an Antisemitism Awareness Campaign.

May 2023

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Title VI and Title IX Discrimination Investigation of Forsyth County Schools

Today, the U.S. Department of Education’s Office for Civil Rights announced the resolution of a complaint of sex, race, color, and national origin discrimination against Forsyth County Schools in Georgia. Prior to OCR completing its investigation, the District expressed an interest in resolving the complaint and OCR determined that it was appropriate to resolve the complaint because OCR’s investigation identified concerns that can be addressed through a resolution agreement. OCR identified concerns that communications at District school board meetings provided the District notice that its library book screening process may have created a hostile environment for students; and the District’s responsive steps related to the library book screening process were not sufficient to ameliorate any resultant racially and sexually hostile environment. The resolution agreement ensures that the District will issue a statement to students in the District explaining the library book removal process and offer supportive measures to students who may have been impacted by that process; and administer a climate survey of the student bodies at each of the District’s middle and high schools to assess whether additional steps need to be taken.

  • Forsyth County Schools – Resolution Letter  PDF (345K)
  • Forsyth County Schools – Resolution Agreement  PDF (205K)
May 2023

 

 

U.S. Department of Education and U.S. Department of Justice Release Joint Letter on Postsecondary Online Accessibility

Today, the Department of Education’s Office for Civil Rights (OCR) and the Department of Justice (DOJ) issued a new letter regarding the Departments’ ongoing efforts to address barriers that prevent people with disabilities from participating in online services, programs, and activities that colleges, universities, and other postsecondary institutions make available to students and the public.

Technology plays an increasingly important role in education at all levels. When schools are proactive about ensuring the accessibility of their digital content and technology in compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, educational opportunities are improved for all, including for students with disabilities. Today’s letter describes current online accessibility challenges, highlights recent DOJ and OCR enforcement actions that have improved online accessibility at postsecondary institutions across the country, and provides resources about Federal laws that protect the rights of students with disabilities.

April 2023

 

 

U.S. Department of Education Releases Proposed Amendment to Its Title IX Regulations

Today, the U.S. Department of Education released its notice of proposed rulemaking on eligibility for male and female athletic teams under Title IX of the Education Amendments of 1972, the federal law that prohibits sex discrimination in federally funded education programs and activities. The proposed regulation explains that schools may adopt or apply sex-related eligibility criteria for male and female teams. The proposed regulation would permit a school to use criteria that would limit or deny a student’s eligibility to participate on a male or female team consistent with their gender identity if those criteria are substantially related to the achievement of an important educational objective. The proposed regulation would require a school to take into account differences in grade and education level, level of competition, and sports. The proposed regulation would also require a school to minimize harms to students whose participation on teams consistent with their gender identity would be limited or denied. One-size-fits-all policies that ban transgender students from participating consistent with their gender identity across all sports, age groups, and levels of competition would not satisfy the proposed regulation. In addition to the Notice of Proposed Rulemaking, the Department has released a fact sheet. The Department’s notice of proposed rulemaking will be open for public comment until May 15, 2023.

April 2023

 

 

U.S. Department of Education’s Office for Civil Rights Resolved Investigation Addressing the University of Vermont’s Responses to Allegations of Antisemitic Incidents

The U.S. Department of Education’s Office for Civil Rights (OCR) today resolved investigation of a complaint regarding University of Vermont and State Agricultural College’s failure to respond to antisemitic harassment.

OCR identified concerns regarding the University’s response to complaints it received of antisemitic harassment. First, the University’s Affirmative Action and Equal Opportunity (AAEO) Office declined to investigate any of the complaints, even though they notified the University regarding serious allegations of harassment. Second, responsive steps the University did take were delayed; were not designed to rectify concerns communicated to the University, including regarding the existence of a hostile environment; and may have discouraged students and staff from raising further concerns with the University or with participating in the OCR investigation.

“I am grateful for the University of Vermont’s commitment to address antisemitic harassment that violates federal civil rights law,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “Everyone has a right to learn in an environment free from antisemitic harassment. We will be watching to be sure these students are safe.”

The complaints about which the University received notice, but did not investigate through its AAEO Office, included allegations that a teaching assistant posted on social media about not giving Jewish students course participation credit; subtracting points for Jewish students, including because “I hate ur vibe in general”; celebrating the theft of an Israeli flag from a Jewish student’s residence; and adding the word Kristallnacht above a picture of a damaged storefront with accompanying Hebrew text. They also included allegations that student groups excluded Jewish students, that students threw rocks at the building housing Hillel and student dormitory space, and that when a student living in the building asked them to stop, one of the students responded, “Are you Jewish?”

To ensure full satisfaction of its obligations under Title VI of the Civil Rights Act of 1964 and its implementing regulations, the University entered into a resolution agreement committing it to:

  • Review and revise its policies and procedures to include a description of forms of discrimination that can manifest in the university environment, and to ensure that the University’s response to notice of discrimination including national origin harassment on the basis of shared ancestry is consistent with Title VI;
  • Develop a protocol clarifying the roles and responsibilities of the AAEO Office and Bias Response Team to monitor implementation of the protocol by the Provost;
  • Train University staff responsible for investigation of Title VI complaints;
  • Train University senior leadership, all other staff, and students on the Title VI prohibition against harassment based on national origin, including shared ancestry, in the University’s programs and activities;
  • Issue a statement with a commitment to address discrimination based on shared ancestry, including antisemitism, within 30 days of the signing of the agreement and again with its annual antidiscrimination statement;
  • Review the University’s 2022 Climate Survey results to determine if other actions, beyond those memorialized in the agreement, are needed to improve the campus climate; and
  • Submit to OCR during the monitoring of the agreement copies of case files of complaints of antisemitism filed during the preceding academic year.

The letter to the University of Vermont is available  PDF (599K) and the resolution agreement is available.  PDF (274K)

February 2023

 

 

Office for Civil Rights Issues Resources on Equal Athletic Opportunities Under Title IX

Today, the Department of Education’s Office for Civil Rights released three new resources to support equal opportunity in athletic programs consistent with Title IX of the Education Amendments of 1972. OCR designed these documents to help students, parents, coaches, athletic directors, and school officials evaluate whether a school is meeting its legal duty to provide equal athletic opportunity regardless of sex. The overview resource provides examples of the kinds of situations that could, depending upon facts and circumstances, raise Title IX concerns at any education level. The two specialized resources – one for K-12 schools and one for colleges and universities – offer information specific to these school communities.

  • Supporting Equal Opportunity in School Athletic Programs  PDF (243K)
  • Title IX and Athletic Opportunities in K-12 Schools  PDF (378K)
  • Title IX and Athletic Opportunities in Colleges and Universities  PDF (421K)
January 2023

 

 

Office for Civil Rights Issues a Fact Sheet on Diversity & Inclusion Activities Under Title VI

Today, the Department of Education’s Office for Civil Rights released a new fact sheet confirming for educators, parents, and students that diversity, equity, and inclusion training and similar activities generally are consistent with Title VI of the Civil Rights Act of 1964.

Title VI, a law enforced by OCR, prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance.

In response to confusion regarding the legality of diversity, equity, and inclusion activities in schools, this new fact sheet clarifies that federal civil rights laws do not categorically prohibit schools from offering activities such as instruction on the impact of racism, cultural competency training, or school climate surveys.

OCR will continue to vigorously enforce federal civil rights laws to ensure that all students have equal access to educational opportunities. Learn more at www.ed.gov/ocr.

  • Fact Sheet  PDF (185K)
  • En español (Spanish)  PDF (160K)
January 2023

 

 

Office for Civil Rights Announces Resolution of Pregnancy Discrimination Investigation of Troy University

Today, the U.S. Department of Education’s Office for Civil Rights announced the resolution of a student’s complaint of pregnancy discrimination against Troy University in Alabama. The resolution agreement will ensure the University’s compliance with Title IX and its implementing regulation as they apply to requests for adjustments related to pregnancy. The University’s commitments in the voluntary resolution agreement include: providing the student adjustments to grades negatively impacted by the University’s handling of her requests, as well as reimbursement for documented expenses related to courses she has had to retake since the semester when she was pregnant; reviewing and, where necessary, revising or drafting policies and procedures on how to address requests for adjustments from pregnant students to ensure that it complies with Title IX; updating its website to provide information such as the Title IX rights of pregnant students, the process for requesting adjustments, and a link to the grievance procedures that apply to complaints of pregnancy-related or other sex discrimination;  faculty and staff training regarding the Title IX rights of pregnant students and the University’s obligations regarding pregnant students, as well as a survey to gauge the effectiveness of the training; and tracking of students’ requests for pregnancy-related adjustments and the University’s responses to the requests.

  • Press Release
  • Troy University – Resolution Letter  PDF (220K)
  • Troy University – Resolution Agreement  PDF (219K)
January 2023

 

 

Office for Civil Rights Releases New Fact Sheet on Title VI Protection from Discrimination Based on Shared Ancestry or Ethnic Characteristics

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) released a fact sheet, Protecting Students from Discrimination Based on Shared Ancestry or Ethnic Characteristics, that explains how the protection offered by Title VI of the Civil Rights Act of 1964 (Title VI) extends to students who experience discrimination based on their actual or perceived: (i) shared ancestry or ethnic characteristics; or (ii) citizenship or residency in a country with a dominant religion or distinct religious identity. This resource highlights OCR’s longstanding commitment to protect all students, including students who are or are perceived to be Jewish, Christian, Muslim, Sikh, Hindu, Buddhist, or of another religious group, from discrimination based on shared ancestry or ethnic characteristics. More information, along with other resources on this topic, are available on OCR’s Shared Ancestry or Ethnic Characteristics webpage, available at www.ed.gov/ocr/sharedancestry.html.

  • Read the Resource PDF (297K)
 
2022
December 2022

 

 

Office for Civil Rights Reaches Agreement to Resolve Restraint and Seclusion Compliance Review of Southeastern Cooperative Educational Programs in Virginia

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that the Southeastern Cooperative Educational Programs (SECEP) in Virginia entered into a resolution agreement regarding the use of restraint and seclusion and the provision of a free appropriate public education (FAPE) to students with disabilities. SECEP committed to take steps necessary to ensure that SECEP’s use of restraint and seclusion does not deny to students with disabilities the FAPE to which they are entitled under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act.
OCR’s investigation identified concerns that students who were subjected to multiple restraints and seclusions lost educational time and services, and that SECEP did not re-evaluate those students to determine whether they needed additional or different supports and compensatory services.

The resolution agreement requires SECEP to 1) formalize its policy and procedures on restraint and seclusion; 2) modify its recordkeeping system; 3) train staff; 4) review files of currently enrolled students who were restrained and secluded; and 5) monitor SECEP’s use of restraint and seclusion.

  • Press Release
  • SECEP – Resolution Letter  PDF (544K)
  • SECEP – Resolution Agreement  PDF (219K)
December 2022

 

 

U.S. Department of Education’s Office for Civil Rights Reaches Agreement with Davis Joint Unified School District in Investigation Regarding the Use of Restraint and Seclusion

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that the Davis Joint Unified School District in California has entered into a resolution agreement to ensure that its restraint and seclusion policies and practices do not deny students with disabilities a free appropriate public education (FAPE). OCR determined that the District placed three of its students with disabilities in nonpublic school settings and violated their rights under Section 504 and Title II because the District: (1) failed to ensure that District staff making placement decisions for these students had access to and carefully considered information obtained about the use of physical restraint and/or seclusion with these students; (2) separately failed to ensure that those making decisions regarding behavioral interventions for these students were knowledgeable about each student, the meaning of the evaluation data, and the placement; (3) failed to reevaluate these students to determine whether the repeated use of restraint and seclusion for these students denied them a FAPE and if additional aids and services were appropriate to provide a FAPE; and (4) denied a FAPE to all three students based on the above failures and resulting harms to the students. OCR also identified compliance concerns that the District did not document all restraints and seclusions and may have failed to identify all students subjected to restraint and seclusion. OCR is concerned that these failures may have resulted in IEP teams not having access to complete information about restraint and seclusions and parents not consistently having access to the information needed to participate meaningfully on the IEP teams for their children. The resolution agreement requires the District to: (1) revise its policies for restraint and seclusion to promote its compliance with Section 504, Title II, and their implementing regulations; (2) distribute the revised policies to parents, faculty, administrators, staff, and any nonpublic school employees providing special education services to District students; (3) develop and implement a process and form to create and maintain records about the use of restraint and seclusion of District students, including District students placed in a nonpublic school setting, (4) provide training on the revised policies and the FAPE-related requirements of the Section 504 regulation to all faculty, staff, and administrators involved with providing instruction or services to students with disabilities; (5) ensure that staff at nonpublic schools where District students are placed receive training on the District’s policies and the FAPE requirements of the Section 504 regulations; (6) provide an individual remedy for a student subjected to multiple instances of restraint and seclusion by convening a properly constituted IEP team to determine what compensatory services are appropriate for the student and by timely providing such services; (7) conduct a review to identify any District students who were restrained or secluded by staff at nonpublic schools from 2019 to the present, and to implement responsive remedies based on this review; and (8) implement a program to monitor the use of restraint and seclusion with students in District schools and nonpublic schools to safeguard their Section 504 and Title II rights.

  • Press Release
  • Davis Joint Unified School District – Resolution Letter  PDF (871K)
  • Davis Joint Unified School District – Resolution Agreement  PDF (366K)
December 2022

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Racial Harassment Investigation of Ottumwa Community School District in Iowa

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced the resolution of a complaint of racial harassment filed against Ottumwa Community School District in Iowa. OCR determined that during the course of school years 2020-21 and 2021-22 district students subjected a Black middle school student to racial harassment so pervasive that it constituted a racially hostile environment and that the district failed to take necessary steps to protect the student, in violation of Title VI of the Civil Rights Act of 1964 and its implementing regulations. The harassment included repeated use of racial slurs including calling the student the N-word and a “slave” to white students as well as calling the student “blackie” and “cotton-picker,” targeting the student with monkey noises in class and students raising their fists to mock Black Power during class, a white student using the term KKK and then referring to it as the “Kool Kids Klub,” and telling racially derogatory jokes about, for example, killing a Black man and not being able to see Black people at midnight. In one instance, a white classmate knelt on a Gatorade bottle in the student’s presence and said, “It can’t breathe,” to mimic George Floyd’s death. The harassment the student experienced and the district’s failure to provide the student with a safe school environment caused him to suffer significant and enduring emotional harm. OCR also found that even though the district had notice of possible ongoing harassment, the district disregarded its obligations to investigate whether its response to the reported harassment was effective in eliminating the hostile environment, whether it addressed the cumulative effect of the incidents on the harassed student, and addressed the impact the verified wide-spread conduct may have had on other students. In so doing, the district did not take effective school-wide measures to address and remedy the racially hostile environment, which continued to exist at the school. The resolution agreement commits the district to take steps to ensure nondiscrimination based on race, color, or national origin (including based on shared ancestry and ethnic characteristics) in all of its education programs and activities. “Federal civil rights law has for decades promised that no student should experience the racially hostile environment that the young person in this investigation endured,” said Assistant Secretary for Civil Rights, Catherine E. Lhamon. “I thank Ottumwa Community School District for committing today to take the steps necessary to ensure that in future it will respond appropriately to reports of racial harassment so every student in the district’s schools will experience the nondiscriminatory learning environment that federal law guarantees.” The district’s commitments in the voluntary resolution agreement include: (1) Reimbursing the student’s parent for documented expenses incurred related to past and future therapeutic services resulting from the racially hostile environment. (2) Publishing an anti-harassment statement stating that the district does not tolerate acts of harassment, including acts of harassment based on a student’s race, color, or national origin. (3) Reviewing and revising its policies and procedures to address Title VI’s prohibition of harassment based on race, color, or national origin. (4) Providing training to district staff regarding the district’s obligation to respond to complaints of harassment based on race, color, or national origin. (5) Providing age-appropriate information programs for students to address harassment based on race, color, or national origin. And, (6) Conducting a climate survey to assess the prevalence of harassment in the student’s former school and provide suggestions for effective ways to address harassment.

  • Press Release
  • Ottumwa Community School District – Resolution Letter  PDF (231K)
  • Ottumwa Community School District – Resolution Agreement  PDF (223K)
November 2022

 

 

Office for Civil Rights Reaches Resolution Agreement with Virginia’s Largest School Division, Fairfax County Public Schools, to Meet the Needs of Students with Disabilities During the COVID-19 Pandemic

The U.S. Department of Education’s Office for Civil Rights today announced a resolution agreement with Fairfax County Public Schools in Virginia requiring the School Division to take steps necessary to ensure that students with disabilities receive educational services, including compensatory services, during and resulting from the COVID-19 pandemic. OCR investigated the School Division’s provision during the pandemic of a free appropriate public education (FAPE) to students with disabilities, as required by Federal civil rights law. OCR’s investigation found that the School Division inappropriately reduced and limited services provided to students with disabilities, based on considerations other than the students’ individual educational needs, and failed to adequately remedy these denials of FAPE. OCR also identified concerns with staffing shortages and other administrative obstacles that may have limited the School Division’s provision of FAPE, as well as its ability to sufficiently track its FAPE services.

The School Division agreed to resolve the compliance review by creating and implementing a comprehensive plan to address the compensatory education needs of students with disabilities arising from the COVID-19 pandemic.

  • Press Release
  • Fairfax County Public Schools – Resolution Letter  PDF (615.8K)
  • Fairfax County Public Schools – Resolution Agreement  PDF (432.1K)
   
November 2022

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Title IX Athletics Investigation of Salem-Keizer School District No.24J in Oregon

The U.S. Department of Education’s Office for Civil Rights today announced the resolution of a complaint alleging inequitable athletics access for girls with respect to locker rooms, practice, and competitive facilities; equipment and supplies; and the opportunity to receive coaching at a high school in the Salem-Keizer School District No. 24J in Oregon. During the investigation, OCR received information that boys’ baseball at a district school has superior playing fields, dugouts, bullpens, fencing, landscaping, bleachers, batting cages, and storage compared to what is provided for girls’ softball and that boys’ baseball players have access to a team room, whereas girls’ softball players do not, and that the district provides boys’ baseball teams with superior and newer uniforms than the district provides for girls’ softball teams. Finally, OCR received information reflecting that the girls’ softball teams also have less opportunity to receive coaching as compared to the boys’ baseball teams because the girls’ softball head coach does not receive a prep period to prepare the fields immediately before practices and games, but the boys’ baseball head coach does receive such a prep period. The voluntary resolution agreement requires the district to (1) conduct assessments of the locker rooms, practice, and competitive facilities; equipment and supplies; and opportunities to receive coaching provided to the boys’ and girls’ interscholastic athletic teams at the school to ensure that members of both sexes are provided with equivalent benefits, opportunities, and treatment; (2) create a corrective action plan to remedy any identified inequities between the girls’ and boys’ interscholastic athletic teams at the school with respect to the provision of locker rooms, practice, and competitive facilities; equipment and supplies; and opportunities to receive coaching; and (3) implement the corrective action plan following its approval by OCR.

  • Press Release
  • Salem-Keizer School District – Resolution Letter  PDF (240K)
  • Salem-Keizer School District – Resolution Agreement  PDF (139K)
October 2022

 

 

U.S. Department of Education Releases New Resource on Discrimination Based on Pregnancy and Related Conditions

The Department of Education’s Office for Civil Rights today released a resource designed to remind school communities, including students, faculty, families, and educators, that Title IX of the Education Amendments of 1972 protects students and employees from discrimination based on pregnancy and related conditions. As the resource explains, the Department’s Title IX regulations prohibit discrimination based on pregnancy and related conditions in institutions that receive Federal funding from the Department, and these protections, which include a prohibition on discrimination based on termination of pregnancy, have been in place since 1975. The regulations make clear that Title IX protects students and employees from discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom, and the resource discusses issues such as discrimination and exclusion, medical and other benefits and services, leave policies, and more.

September 2022

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Racial Harassment Investigation of Peoria Unified School District in Arizona

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced the resolution of a complaint of racial harassment filed against Peoria Unified School District in Arizona. OCR determined that the district failed to address harassment of students on the basis of race, color, and national origin, in violation of Title VI of the Civil Rights Act of 1964 and its implementing regulations. Peer harassment included race-based slurs, such as targeting the n-word and “ching chong” at students, mocking police killings of Black people, pulling eyes back to mock Asian students, mimicking “Heil Hitler” salutes, drawing Swastikas on photographs of students’ faces on notebooks and in a bathroom, and saying Black people “do not deserve to live” and “should die,” a student’s skin looked like “burnt” food, and that a student should “go back to [their] country” and “eat dog.” Harassment by employees involved repeated touching of and comments exclusively about a Black student’s hair. The resolution agreement commits the district to take steps to ensure nondiscrimination based on race, color, and national origin in its education programs and activities. The district’s commitments include: (1) providing supports and remedies, where appropriate, to students who were subjected to peer harassment based on race, color, or national origin at the school; (2) conducting a climate assessment that examines the prevalence of harassment at the school, the hostile environment created by the widespread harassment, the school’s and district’s handling of reports of harassment, and measures for reducing harassment at the school and for improving the district’s response to reports of harassment; (3) issuing an anti-harassment statement and issuing a notice to parents about identifying and reporting harassment and about how the district is expected to respond; (4) reviewing, revising, and disseminating policies, forms, and record-keeping procedures related to harassment based on race, color, and national origin; (5) training staff about legal requirements under Title VI, reporting and responding to harassment, prohibited retaliation, cultural competency, and implicit bias; and (6) providing developmentally appropriate educational programs about how to recognize and report racial harassment for school students.

  • Press Release
  • Peoria Unified School District – Letter of Findings  PDF (426.9K)
  • Peoria Unified School District – Resolution Agreement  PDF (314.7K)
August 2022

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Anti-Semitic Harassment Investigation of Kyrene School District #28 in Arizona

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced the resolution of a complaint of anti-Semitic harassment filed against Kyrene School District #28 in Arizona. OCR determined that the District violated Title VI of the Civil Rights Act of 1964 and its implementing regulations by failing to respond appropriately to notice of on-going anti-Semitic harassment of a student by other students. OCR found that the student was subjected to months of harassment, both in school and on social media, by numerous classmates. The harassment included calling her anti-Semitic slurs and disparaging and joking about her Jewish heritage, over a period of five months. The harassment the student experienced and the District’s failure to provide the student with a safe school environment caused her to suffer significant and enduring academic and emotional harm. OCR also found that the harassment the District failed to address persisted school wide. The resolution agreement commits the District to take steps to ensure nondiscrimination based on race, color, or national origin (including based on shared ancestry and ethnic characteristics) in all of its education programs and activities. The District’s commitments include: (1) addressing the student’s academic and counseling needs resulting from the harassment; (2) reviewing and revising its policies and procedures to address Title VI’s prohibition of harassment based on race, color, or national origin, including shared ancestry, including by clarifying in its policies and procedures that the prohibition against harassment includes harassment based on Jewish ancestry; (3) providing training to District staff regarding the District’s obligation to respond to complaints of harassment based on race, color, or national origin; (4) providing age-appropriate information programs for students to address harassment based on race, color, or national origin; and (5) conducting a climate survey to assess the prevalence of harassment in the student’s former school and provide suggestions for effective ways to address harassment. 

  • Press Release
  • Kyrene School District #28 - Resolution Letter  PDF (284K)
  • Kyrene School District #28 - Resolution Agreement  PDF (205K)
July 2022

 

 

U.S. Department of Education’s Office for Civil Rights Reaches Settlement with Victor Valley Union High School District in California

The U.S. Department of Education’s Office for Civil Rights today announced that the Victor Valley Union High School District in California has entered into a resolution agreement to end race discrimination in implementation of school discipline. OCR determined that the district discriminated based on race in violation of Title VI of the Civil Rights Act of 1964 and its implementing regulations by disciplining Black students more frequently and more harshly than similarly situated white students. OCR identified a pattern of disparate disciplinary actions across types of discipline, schools, and grade levels that imposed greater harms – including in significant lost learning time – on Black students than their white peers. The voluntary resolution agreement requires the district to (1) examine the causes of racial disparities in the district’s discipline and implement a corresponding corrective action plan; (2) employ a director with expertise in nondiscriminatory discipline practices to help the district implement the corrective action plan and the agreement; (3) establish a stakeholder equity committee to inform implementation of the plan; (4) revise its discipline policies and procedures, including regarding law enforcement involvement in school discipline; (5) regularly analyze its student discipline data to identify and, as needed, address possible areas of discrimination; (6) provide training to staff on the revised discipline policies and practices; (7) publicly report disaggregated discipline data; (8) conduct school climate surveys to assess perceptions of fairness and safety; and (8) provide compensatory education to students subjected to discriminatory practices.

  • Press Release
  • Victor Valley Union High School District – Letter of Findings  PDF (1.3M)
  • Victor Valley Union High School District – Resolution Agreement  PDF (543K)
July 2022

 

 

U.S. Department of Education’s Office for Civil Rights Releases Fiscal Year 2021 Annual Report

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) is pleased to release our Annual Report to the Secretary, the President, and the Congress for fiscal year 2021. The Annual Report summarizes the enforcement achievements and policy actions of the 2021 fiscal year. Throughout the 2021 fiscal year, OCR actively pursued our mission to ensure equal access to education and to promote educational excellence through the vigorous enforcement of civil rights. This report describes OCR’s effort to meet the pandemic moment for school communities, safeguarding the civil rights in schools that Congress has long charged OCR with protecting. This report provides a snapshot of OCR’s accomplishments during the 2021 fiscal year, including:

  • Resolving 8,238 cases and initiating 17 proactive investigations, including 11 related to the COVID-19 pandemic;
  • Clarifying the application of Federal civil rights laws to both remote and in-person learning during the COVID-19 pandemic;
  • Addressing the obligations of schools, public agencies, and postsecondary institutions to students and children with long COVID;
  • Clarifying OCR’s interpretation of schools’ existing obligations under the 2020 amendments to the Department’s Title IX regulations, including the areas in which schools have discretion in their procedures for responding to reports of sexual harassment;
  • Hosting a virtual convening organized with the Department of Justice on Brown 67 Years Later: Examining Disparities in School Discipline and the Pursuit of Safe and Inclusive Schools, where students, educators, school administrators, civil rights attorneys, and researchers considered the impact of exclusionary school discipline policies and practices on our nation’s students, particularly students of color, students, with disabilities, and LGBTQI+ students; and
  • Announcing our plan to administer a 2021-22 Civil Rights Data Collection, marking the first time OCR has conducted the CRDC in all covered schools two years in a row, which will help illuminate the effects of the COVID-19 pandemic on education equity.

Fiscal Year 2021 Annual Report PDF (6.4M)

July 2022

 

 

U.S. Department of Education Issues Guidance Documents Concerning the Rights of Students with Disabilities in Connection with Student Discipline

Today, the Department of Education issued guidance documents concerning the rights of students with disabilities in connection with student discipline. The Office for Civil Rights issued Supporting Students with Disabilities and Avoiding the Discriminatory Use of Discipline under Section 504 of the Rehabilitation Act of 1973, which explains the nondiscrimination requirements that public elementary and secondary schools must follow with regard to the discipline of students with disabilities under Section 504. OCR also issued a fact sheet with a brief overview of the guidance. In addition, the Office of Special Education and Rehabilitative Services issued Questions and Answers Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions, which explains requirements that state educational agencies and public elementary and secondary schools must follow with regard to the discipline of students with disabilities under the Individuals with Disabilities in Education Act (IDEA). OSERS also issued a technical assistance document, Positive, Proactive Approaches to Supporting Children with Disabilities: A Guide for Stakeholders.


 

July 2022

 

 

U.S. Department of Education's Office for Civil Rights Publishes Revised Case Processing Manual

Today, OCR published a revised Case Processing Manual, available here.


 

June 2022

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Sex-Based Harassment Investigation of Tamalpais Union High School District in California

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced the resolution of a sex-based harassment investigation of the Tamalpais Union High School District in California. OCR determined that the district violated Title IX by failing to respond promptly and effectively to repeated notice of ongoing sex-based harassment of a transgender student by another student predicated on sex stereotyping. OCR found that the district failed to investigate known allegations that the other student had repeatedly harassed the student about her appearance, her voice, her body, her name, and her pronouns since the start of the 2017-2018 school year. OCR also found that the district failed to respond promptly and effectively to notice in 2018 that this harassment was continuing, and that the district’s investigation of a 2018 incident involving alleged sex-based harassment of the student was neither adequate nor equitable. As a result of these failures, OCR determined that the district permitted the student to be subjected to a hostile environment based on sex that was sufficiently serious to deny or limit the student’s ability to participate in or benefit from the school’s program. The resolution agreement commits the district to take the steps needed to ensure nondiscrimination on the basis of sex in all of its education programs and activities. The district’s commitments in the voluntary resolution agreement include: (1) offering to reimburse the student or her parent for past counseling and/or therapy services that the student received after the sex-based harassment began; (2) reviewing and revising, as necessary, its policies and procedures to clarify that harassment based on sex includes harassment based on sex stereotyping; (3) training its employees and contractors who respond to sex-based harassment about the Title IX obligation to respond promptly and equitably; (4) monitoring its schools’ responses to sex-based harassment complaints for compliance with the agreement and Title IX; and (5) providing documentation to OCR demonstrating that the district’s responses to complaints of sex-based harassment during academic years 2021-2022 and 2022-2023 complied with the agreement and Title IX.

  • Tamalpais Union High School District - Resolution Letter PDF(481K)
  • Tamalpais Union High School District - Resolution Agreement PDF(180K)


 

June 2022

 

 

U.S. Department of Education Releases Proposed Amendments to Its Title IX Regulations

Today, the U.S. Department of Education released for public comment its proposed amendments to the Department’s regulations implementing Title IX of the Education Amendments of 1972. The proposed amendments reflect the Department’s continued commitment to ensuring that federally funded education programs and activities are free from all forms of sex discrimination, including discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. In addition to the Notice of Proposed Rulemaking, the Department has released a fact sheet and a summary of the major provisions of the proposed amendments. The Department’s proposed Title IX regulations will be open for public comment for 60 days from the date of publication in the Federal Register.

June 2022

 

 

U.S. Department of Education’s Office for Civil Rights Posts Over 30,000 Written Comments Received as Part of Its June 2021 Title IX Public Hearing

The U.S. Department’s Office for Civil Rights published the more than 30,000 written comments received during the virtual national public hearing on Title IX of the Education Amendments of 1972, held June 7-11, 2021. This hearing was an important part of the Department of Education’s ongoing comprehensive review to ensure that its policies and regulations fully implement Title IX’s protection against sex discrimination in federally funded education programs and activities. Commenters included students, teachers, professors, school administrators and leaders, advocates, parents, and other members of the public from throughout the United States. The public can now view each of those comments, organized alphabetically, on OCR’s webpage dedicated to the public hearing. In addition to reviewing the written comments, the public can also access the entire five-day transcript of OCR’s public hearing.

June 2022

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Pregnancy Discrimination Investigation of Salt Lake Community College

Today, the U.S. Department of Education’s Office for Civil Rights announced the resolution of a student’s complaint of pregnancy discrimination against Salt Lake Community College in Utah. OCR determined that the College violated both Title IX and Section 504 after investigating allegations that the College encouraged a pregnant student to drop a course because she was pregnant, did not engage in an interactive process to provide her with academic adjustments or necessary services during her pregnancy, and did not excuse her pregnancy-related absences or allow her later to submit work following those absences. The resolution agreement will ensure the College’s compliance with Title IX, Section 504, and their implementing regulations as they apply to requests for academic adjustments based on pregnancy, pregnancy-related absences, and complaints of pregnancy discrimination. The College’s commitments in the voluntary resolution agreement include: (1) revising its nondiscrimination notice and grievance procedures to comply with Title IX; (2) publishing information on its website for pregnant students about their Title IX rights and how to seek academic adjustments, special services, or excused absences; (3) training its Title IX coordinator, Disabilities Resource Center staff, and other school employees regarding Title IX’s and Section 504’s protections for pregnant students and the academic adjustments and special services available to pregnant students; (4) completing and documenting its investigation of the student’s complaint of pregnancy discrimination; and (5) taking other measures to remedy the discrimination against the student.

  • Salt Lake Community College - Resolution Letter  PDF (323KB)
  • Salt Lake Community College - Resolution Agreement  PDF (184KB)
May 2022

 

 

U.S. Department of Education's Office for Civil Rights Reaches Agreement to Resolve Restraint and Seclusion Compliance Review of Horry County, South Carolina, Schools

The Office for Civil Rights has resolved a compliance review of Horry County Schools in South Carolina, with the district committing to take steps necessary to ensure that students with disabilities receive the free appropriate public education (FAPE) to which they are entitled without unnecessary restraint or seclusion or missed instruction. OCR’s investigation identified concerns that students who were repeatedly subjected to restraint or seclusion lost educational time and services, and that the district did not re-evaluate students who were repeatedly restrained or secluded to determine whether they should receive additional supports or compensatory services. The district’s commitments to resolve the investigation include: (1) revising its procedures and guidance documents on the use of restraint or seclusion; (2) clarifying the roles and responsibilities of those involved in monitoring and oversight of the district’s use of restraint or seclusion; (3) modifying its recordkeeping system; (4) creating a plan to accurately report data to the Civil Rights Data Collection; (5) training staff on the district’s procedures and new recordkeeping system; (6) reviewing files of currently enrolled students who were restrained or secluded since the start of the 2017-2018 school year to determine, in part, whether any student requires compensatory education for educational services missed due to incidents of restraint or seclusion; and (7) implementing a monitoring program to assess the district’s use of restraint or seclusion.

  • Horry County Schools - Resolution Letter  PDF (443KB)
  • Horry County Schools - Resolution Agreement  PDF (2.9M)
May 2022

 

 

U.S. Department of Education’s Office for Civil Rights Announces 100 Compliance Reviews on Digital Accessibility, Releases Series of “How-To” Videos

The U.S. Department of Education’s Office for Civil Rights today announced significant actions aimed at ensuring digital accessibility for students with disabilities. OCR launched 100 new compliance reviews in the area of digital accessibility for people with disabilities under Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act. The reviews will be looking at digital accessibility in public-facing and student-facing websites and educational platforms maintained by state departments of education, school districts, charter schools, public libraries, and public and private 2- and 4-year colleges and universities. In addition, OCR, in partnership with the ADA National Network, released a 20-part video series covering topics such as how people with disabilities use technology, applicable Federal laws, and how to identify and remediate different types of technological barriers that can interfere with the ability of parents and students with disabilities to participate in modern American education. The intent of the series is to provide a basic instruction to many different digital accessibility concepts, such as fundamental manual testing techniques, use of color, logical reading order, meaningful video captions, and others. The videos are designed for a wide range of audience members, including school webmasters, parents and students with disabilities, and educational app developers and other IT vendors.

May 2022

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Sexual Harassment Investigation of San Juan Bautista School of Medicine

Yesterday, the U.S. Department of Education’s Office for Civil Rights resolved two complaints against San Juan Bautista School of Medicine, a private medical school in Puerto Rico. The resolution agreement will ensure the school’s compliance with Title IX as it applies to requirements to respond promptly and equitably to complaints of sexual harassment, including sexual assault. The resolution agreement also will ensure that the school uses trained staff to conduct timely and complete investigations of complaints alleging discrimination based on sex as well as race and national origin to comply with Title VI. OCR determined that the school failed to investigate the complainant’s alleged sexual assault in violation of Title IX. The school’s commitments to resolve the investigations include (1) offering to reimburse the complainant for tuition the student paid for two classes for which the complainant received grades of incomplete and had to retake upon transferring to another medical school; (2) revising its policies and procedures to comply with Title IX; (3) training its Title IX coordinator and other school employees involved in processing, investigating, and resolving complaints of sexual harassment and discrimination based on race and national origin; (4) completing and documenting its investigation of the complainant’s allegation of sexual assault and notifying the parties and OCR of the outcome of the investigation; and (5) providing documentation to OCR demonstrating that the school has responded promptly and equitably to complaints of sexual harassment and discrimination based on race and national origin in academic years 2022 and 2023.

  • San Juan Bautista School of Medicine - Resolution Letter  PDF (1.23M)
  • San Juan Bautista School of Medicine - Resolution Agreement  PDF (381KB)
May 2022

 

 

U.S. Department of Education Announces Intent to Strengthen and Protect Rights for Students with Disabilities by Amending Regulations Implementing Section 504

The U.S. Department of Education’s Office for Civil Rights has announced that it intends to propose amendments to its regulations under Section 504 of the Rehabilitation Act of 1973, the landmark disability civil rights law. The Department is seeking suggestions from the public to help identify proposals that will best improve current regulations at 34 C.F.R. pt.104. Interested parties may go to www.ed.gov/policy/rights/reg/ocr/ to submit suggestions.

May 2022

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Sexual Harassment Investigation of San Juan Bautista School of Medicine

Yesterday, the U.S. Department of Education’s Office for Civil Rights resolved two complaints against San Juan Bautista School of Medicine, a private medical school in Puerto Rico. The resolution agreement will ensure the school’s compliance with Title IX as it applies to requirements to respond promptly and equitably to complaints of sexual harassment, including sexual assault. The resolution agreement also will ensure that the school uses trained staff to conduct timely and complete investigations of complaints alleging discrimination based on sex as well as race and national origin to comply with Title VI. OCR determined that the school failed to investigate the complainant’s alleged sexual assault in violation of Title IX. The school’s commitments to resolve the investigations include (1) offering to reimburse the complainant for tuition the student paid for two classes for which the complainant received grades of incomplete and had to retake upon transferring to another medical school; (2) revising its policies and procedures to comply with Title IX; (3) training its Title IX coordinator and other school employees involved in processing, investigating, and resolving complaints of sexual harassment and discrimination based on race and national origin; (4) completing and documenting its investigation of the complainant’s allegation of sexual assault and notifying the parties and OCR of the outcome of the investigation; and (5) providing documentation to OCR demonstrating that the school has responded promptly and equitably to complaints of sexual harassment and discrimination based on race and national origin in academic years 2022 and 2023.

April 2022

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Investigation into Los Angeles Unified School District Regarding the Needs of Students with Disabilities During the COVID-19 Pandemic

The U.S. Department of Education’s Office for Civil Rights today secured a resolution agreement with the Los Angeles Unified School District (Calif.) requiring the District to take steps necessary to ensure that students with disabilities receive educational services, including compensatory services, during and resulting from the COVID-19 pandemic. OCR investigated the district’s provision during the pandemic of the free appropriate public education (FAPE) to which Federal civil rights law entitles students with disabilities. OCR’s investigation found that the District failed to provide services identified in students’ Individualized Education Programs and Section 504 plans during remote learning. The District agreed to resolve the violations by creating and implementing a comprehensive plan to address the compensatory education needs of students with disabilities due to the COVID-19 pandemic.

  • Los Angeles Unified School District - Resolution Letter  PDF (358K)
  • Los Angeles Unified School District - Resolution Agreement  PDF (1.53M)
  • Fact Sheet on Compensatory Services  PDF (294.6K)
April 2022

 

 

U.S. Department of Education’s Office for Civil Rights Announces Resolution of Sexual Harassment Investigation into Chino Valley Unified School District in San Bernardino County, California

The U.S. Department of Education’s Office for Civil Rights today announced the resolution of a sexual harassment investigation of the Chino Valley Unified School District. OCR determined that the district violated Title IX of the Education Amendments of 1972 and its implementing regulations by failing to provide an effective response to notice of sexual harassment among members of a school athletics team in fall 2017. The resolution agreement commits the district to necessary steps to ensure nondiscrimination in its schools, including contacting all former athletes from the school’s fall 2017 athletic team and offering counseling services or reimbursement for such services received to address the effects of the district’s failure to address known sexual harassment on the team; conducting a climate survey for the school’s athletic team; training district and school administrators and interscholastic coaching staff about their responsibilities for responding effectively to sexual harassment; conducting ongoing Title IX education for student athletes in the district’s athletics program to ensure that they know how to recognize and report sexual harassment; and reporting to OCR about the district’s training and responses to complaints of sexual harassment through the end of the 2022-2023 school year.

  • Chino Valley Unified - Resolution Letter  PDF (323K)
  • Chino Valley Unified - Resolution Agreement  PDF (232K)
February 2022

 

 

Providing Students with Disabilities Free Appropriate Public Education During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under Section 504

The Office for Civil Rights (OCR) released a fact sheet reminding schools of their obligation to ensure free appropriate public education (FAPE) under Section 504 for students with disabilities during the pandemic, including schools’ responsibilities to provide compensatory services. Even with the unique challenges the COVID-19 pandemic presents, students with disabilities retain their right to FAPE under Section 504. If a student with a disability did not receive appropriate evaluations or services, then it must be determined whether, and to what extent, compensatory services are required.

January 2022

 

 

U.S. Department of Education’s Office for Civil Rights Reaches Agreement to Resolve Restraint and Seclusion Compliance Review of Michigan’s Huron Valley Schools

The U.S. Department of Education’s Office for Civil Rights today resolved a compliance review of the Huron Valley Schools in Michigan. The district entered a voluntary resolution agreement to take steps necessary to ensure that students with disabilities receive the free appropriate public education, or FAPE, to which they are entitled, including requiring the district to review its use of restraint and seclusion; assessing whether students with disabilities who were subjected to restraint and seclusion require additional remedies or services, including compensatory education; and developing new systems for documenting the use of restraint or seclusion.

  • Huron Valley Schools - Resolution Letter  PDF (323K)
  • Huron Valley Schools - Resolution Agreement  PDF (232K)
 
2021
November 2021

 

 

U.S. Department of Education Solicits Public Input on Proposed Civil Rights Data Collection Survey for the 2021–22 School Year

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that it has submitted to the Federal Register for public comment a proposed Civil Rights Data Collection (CRDC) Information Collection Request (ICR) for the 2021–22 school year. The public will have 60 days to provide comments on the proposed collection. The ICR details civil rights data that OCR intends to collect from the nation’s public schools and school districts. OCR plans to introduce new data elements, such as those relating to students’ educational experiences during the COVID-19 pandemic, as well as restore key data elements from previous collections. Please view the proposed 2021–22 CRDC ICR by visiting the Federal Register here.

November 2021

 

 

U.S. Department of Education's Office for Civil Rights Reaches Agreement to Resolve Restraint and Seclusion Compliance Review of Saco, Maine, Public Schools

The U.S. Department of Education’s Office for Civil Rights today resolved a compliance review of the Saco Public Schools in Maine. The district entered a voluntary agreement to take steps necessary to ensure students with disabilities receive the free appropriate public education to which they are entitled without unnecessary restraint or seclusion or reducing their school days. The agreement calls for identifying ways to minimize the involvement of a school resource officer in student misconduct that can be safely and appropriately handled by school personnel. In addition, the agreement requires accurate reporting of data to the Department as part of the Civil Rights Data Collection.

  • Saco School Department - Resolution Letter  PDF (221K)
  • Saco School Department - Resolution Agreement  PDF (407K)
October 2021

 

 

National Bullying Prevention Month

As part of National Bullying Prevention Month, the Department of Education released a webinar that provides information and useful resources from the Department’s Office of Elementary and Secondary Education, Office of Special Education and Rehabilitative Services, and Office for Civil Rights, covering issues such as promoting a positive school climate; preventing and addressing bullying, including cyber-bullying; special considerations for students with disabilities; and bullying and civil rights.

October 2021

 

 

U.S. Department of Education Issues a Fact Sheet on Supporting Intersex Students

In recognition of Intersex Awareness Day, the U.S. Department of Education’s Office for Civil Rights issued a fact sheet on supporting intersex students.

  • Read the Fact Sheet  PDF (486K)
October 2021

 

 

U.S. Department of Education and U.S. Department of Justice Jointly Issue Fact Sheet to Support Students at Risk of Self-Harm

The U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division jointly issued a fact sheet, Supporting and Protecting the Rights of Students at Risk of Self-Harm in the Era of COVID-19, presenting information about public elementary and secondary schools’ and certain postsecondary institutions’ obligations to ensure students with mental health disabilities have access to an education free from discrimination in addition to the services, reasonable modifications, and academic adjustments they need.

  • Read the Fact Sheet (English)  PDF (819K)
September 2021

 

 

U.S. Department of Education Releases Resource Collections for Elementary, Secondary, and Postsecondary Schools

The U.S. Department of Education’s Office for Civil Rights issued two resource collections—one for elementary and secondary schools and one for postsecondary institutions—designed to assist in planning for a successful and equitable return to schools and campuses. The two collections include fact sheets, Q&As, letters to educators, and other materials explaining the obligations that elementary, secondary, and postsecondary schools have under the federal civil rights laws enforced by OCR to provide educational environments free from discrimination.

  • Read the Elementary and Secondary Resource Collection  PDF (508K)
  • Read the Postsecondary Resource Collection  PDF (356K)
August 2021

 

 

U.S. Department of Education Issues Letter Regarding Court Ruling Vacating Title IX Regulation Restricting Postsecondary Schools’ Use of Statements by Parties and Witnesses

The U.S. Department of Education’s Office for Civil Rights issued a letter to students, educators, and other stakeholders explaining that, pursuant to a court order, postsecondary institutions are no longer subject to the part of 34 C.F.R. § 106.45(b)(6)(i) that prohibits decision-makers in Title IX proceedings from considering any statement from a person who did not submit to cross-examination.

  • Read the letter  PDF (577K)
August 2021

 

 

U.S. Department of Education and U.S. Department of Justice Jointly Issue Fact Sheet About Confronting Discrimination Based on National Origin and Immigration Status

The U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division jointly issued a fact sheet, Confronting Discrimination Based on National Origin and Immigration Status, sharing information about public elementary and secondary schools’ obligations to enroll all children, regardless of national origin or immigration status, and to provide language assistance services to English learners.

  • Read the Fact Sheet (English)  PDF (534K)
  • En español  PDF (557K)
August 2021

 

 

U.S. Department of Education Sends Letter to Superintendents Announcing the Administration of the Civil Rights Data Collection for the 2021-22 School Year

The U.S. Department of Education’s Office for Civil Rights (OCR) sent a letter to district superintendents announcing that it will administer a 2021–22 Civil Rights Data Collection (CRDC), marking the first time that OCR has conducted a CRDC, including all public school districts and their schools, two school years in a row—2020–21 and 2021–22.

  • Read the superintendent letter  PDF (78K)
July 2021

 

 

U.S. Department of Education Issues Resource on Students and Children with Long COVID

The U.S. Department of Education’s Office for Civil Rights and Office of Special Education and Rehabilitative Services issued a resource to explain how schools (including postsecondary institutions) and public agencies must respond to students and children who are experiencing long COVID. Long COVID affects many individuals, and schools and public agencies must follow existing IDEA and Section 504 procedures when it comes to a child or student with long COVID.

  • Read the resource  PDF (309K)
July 2021

 

 

Department of Education issues a Questions and Answers resource and related Appendix on the Title IX Regulations on Sexual Harassment, as well as the Transcript of the June 2021 Virtual Public Hearing on Title IX

The U.S. Department of Education’s Office for Civil Rights issued “Questions and Answers on the Title IX Regulations on Sexual Harassment” and a related Appendix. The Q&A clarifies how OCR interprets schools’ existing obligations under the 2020 amendments, and the Appendix provides examples of Title IX procedures.

OCR also published the transcript of the June 2021 virtual public hearing on Title IX. This transcript includes comments from over 280 students, parents, teachers, faculty members, school staff, administrators, and other members of the public on providing students with educational environments free from sexual harassment and sexual violence; ensuring fair and equitable resolution of incident reports; and addressing discrimination based on sexual orientation and gender identity.

  • Read the Questions and Answers on the Title IX Regulations on Sexual Harassment  PDF (1.16M)
  • Read the Complete Public Hearing Transcript (June 7 – June 11, 2021)  PDF (3.17M)
    • Transcript of June 7, 2021 PDF (956K)
    • Transcript of June 8, 2021  PDF (1.07M)
    • Transcript of June 9, 2021  PDF (1.18M)
    • Transcript of June 10, 2021  PDF (1.45M)
    • Transcript of June 11, 2021  PDF (1.29M)
  • Official Notice of the Public Hearing
June 2021

 

 

Department of Education Issues a Dear Educator Letter on the 49th Anniversary of Title IX

The U.S. Department of Education’s Office for Civil Rights issued a Dear Educator Letter to celebrate the 49th anniversary of the passage of Title IX, and highlight the law’s impact on education and recent developments and resources, including a new fact sheet on sexual orientation and gender identity discrimination.

  • Read the Dear Educator Letter  PDF  (552K)
  • Read the Fact Sheet  PDF (335K)
June 2021

 

 

Department of Education Issues a Notice of Interpretation Confirming that Title IX Prohibits Discrimination Based on Sexual Orientation and Gender Identity

The U.S. Department of Education’s Office for Civil Rights issued a Notice of Interpretation explaining that Title IX’s prohibition on discrimination based on sex encompasses discrimination based on sexual orientation and gender identity. The Department’s interpretation stems from the landmark U.S. Supreme Court decision in Bostock v. Clayton County (2020), which recognized that it is impossible to discriminate against a person based on their sexual orientation or gender identity without discriminating against that person based on sex.

June 2021

 

 

U.S. Department of Education Publishes Report on the Disparate Impacts of COVID-19 on Students in Elementary, Secondary, and Postsecondary Education

The U.S. Department of Education’s Office for Civil Rights published, Education in a Pandemic: The Disparate Impacts of COVID-19 on America’s Students, in response to President Biden’s Executive Order on Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers. The report explores how the impacts of COVID-19 are falling disproportionately on students who went into the pandemic with the fewest educational opportunities, many of whom are from marginalized and underserved communities, with early research showing disparities based on race, ethnicity, LGBTQ+ identity, and other factors.

June 2021

 

 

U.S. Department of Education Publishes Request for Information Regarding the Nondiscriminatory Administration of School Discipline

The U.S. Department of Education’s Office for Civil Rights published a Request for Information soliciting written comments regarding the administration of school discipline in schools serving students in pre-k through grade 12. These comments will inform determinations about what policy guidance, technical assistance, or other resources would assist schools with improving school climate and safety, consistent with the civil rights laws that OCR enforces, to ensure equal access to education programs and activities. The Request for Information includes instructions for submitting comments.

  • Read the Notice  PDF (483K)
May 2021

 

 

U.S. Department of Education Issues Letter about Schools’ Obligations to Address Harassment Directed at Asian American and Pacific Islander Students

The U.S. Department of Education’s Office for Civil Rights sent a Dear Educator Letter to remind schools of their obligations to investigate and address all forms of harassment based on race, color, or national origin, including harassment directed at Asian American and Pacific Islander (AAPI) students. The letter provides resources to assist schools in meeting these obligations and was written in response to a recent increase in harassment and violence directed at AAPI individuals.

  • Read the Dear Educator Letter  PDF (346K)
May 2021

 

 

U.S. Department of Education Announces A Virtual Public Hearing on Title IX (June 7, 2021 through June 11, 2021)

The U.S. Department of Education’s Office for Civil Rights announces a virtual public hearing to gather information for the purpose of improving enforcement of Title IX of the Education Amendments of 1972. OCR seeks comments from the public on steps the Department can take 1) to ensure that schools are providing students with educational environments free from discrimination in the form of sexual harassment, which encompasses sexual assault and other forms of sexual violence; 2) to ensure that schools have grievance procedures that provide for the fair, prompt, and equitable resolution of reports of sexual harassment and other sex discrimination, cognizant of the sensitive issues that are often involved; and 3) to address discrimination based on sexual orientation and gender identity in educational environments.

May 2021

 

 

U.S. Department of Education Announces Immediate Action to Carry Out the Requirements of the Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity

The U.S. Department of Education’s Office for Civil Rights released a new Question and Answer resource to help students, families, schools and the public understand their rights and responsibilities in remote, hybrid and in-person educational environments, including in K-12 schools and postsecondary institutions. The Q&A provides information on issues including the rights of students with disabilities to a Free and Appropriate Public Education (FAPE) during remote learning and school reopening; the rights of students with undocumented status and the rights of English learners; students’ rights to the nondiscriminatory administration of discipline; protections for students against sex discrimination, including sexual and gender-based harassment; and schools’ responsibilities to address complaints of sexual harassment, including sexual violence, during remote, hybrid and in-person learning. 

  • Questions and Answers  PDF (1.40M)
May 2021

 

 

U.S. Department of Education and U.S. Department of Justice Jointly Issue Fact Sheet About COVID-19-Related Harassment of Asian American and Pacific Islander Students in Schools

The U.S. Department of Education and U.S. Department of Justice issued Confronting COVID-19-Related Harassment in Schools, a resource for students and families, to share information about schools’ obligation to investigate and address discrimination, including harassment, targeting students because of their race or national origin. The fact sheet responds to a recent increase in discrimination, including harassment and violence, directed at Asian American and Pacific Islander (AAPI) individuals, including students.

  • Read the Fact Sheet (English)  PDF (507K)
    မြန်မာစကား (Burmese)  PDF (942K)
    简体字 (Sim. Chinese)  PDF (943K)
    繁體字 (Trad. Chinese)  PDF (646K)
    Hakha Chin (Hakha Chin)  PDF (904K)
    日本語 (Japanese)  PDF (958K)
    ကညီကျိာ (Karen)  PDF (988K)
    ខ្មែរ (Khmer)  PDF (985K)
    한국어 (Korean)  PDF (571K)
    ພາສາລາວ (Lao)  PDF (922K)
    ไทย (Thai)  PDF (931K)
    Tagalog (Tagalog)  PDF (488K)
    Việt-ngữ (Vietnamese)  PDF (464K)
April 2021

 

 

U.S. Department of Education Announces Immediate Action to Carry Out the Requirements of the Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity

The letter from the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) to students, educators, and other stakeholders explains that OCR is taking immediate action to carry out the requirements of the Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity. Specifically, OCR is undertaking a comprehensive review of the Department’s existing regulations, including the amendments to the Department’s Title IX regulations that took effect on August 14, 2020, entitled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” and other actions related to Title IX. As part of this review, OCR will gather feedback on the issues of sexual harassment in school environments, including sexual violence, and discrimination based on sexual orientation and gender identity. This review process, including feedback from students, educators, and others, will enable OCR to determine whether changes or additions to the Department’s Title IX regulations and any related agency actions may be necessary to fulfill the Executive Order and the Department’s commitment to ensuring equal and nondiscriminatory access to education for students in schools across the nation, at all educational levels. During this review process, the existing Title IX regulations, as amended in 2020, remain in effect.

  • Read the Press Release
  • Notification of Immediate Action to Carry Out the Requirements of the Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity  PDF (475.1K)
 
2020
October 2020

 

 

Office for Civil Rights Releases New Civil Rights Data Collection Data

The U.S. Department of Education's Office for Civil Rights (OCR) today unveiled new data from the 2017–18 school year.

May 2020

 

 

U.S. Department of Education Releases Final Title IX Rule

The U.S. Department of Education today released its Final Rule under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. In addition to posting the unofficial version of the Final Rule, the Department is releasing a Fact Sheet, a Final Rule overview, a document detailing the major provisions of the Final Rules, and a document highlighting changes between the prior Notice of Proposed Rulemaking and the Final Rule. Additionally, the Office for Civil Rights has released a Webinar describing the Final Rule and many of its features.

The Final Rule is clear, predictable, and effective at ensuring schools have the tools they need to address incidents of sexual harassment in their programs and activities. Under the Final Rule, schools know the importance of responding to such incidents appropriately by supporting survivors, as well as by providing a fair, transparent process for investigating and adjudicating sexual harassment matters. The Final Rule will carry the force and effect of law as of August 14, 2020.

  • Title IX Regulations Addressing Sexual Harassment (Unofficial Copy)  PDF (6M)
  • Title IX: Fact Sheet: Final Title IX Regulations  PDF (209K)
  • Title IX: U.S. Department of Education Title IX Final Rule Overview  PDF (553K)
  • Title IX: Summary of Major Provisions of the Department of Education’s Title IX Final Rule  PDF (675K)
  • Title IX: Summary of Major Provisions of the Department of Education’s Title IX Final Rule and Comparison to the NPRM  PDF (706K)
  •  OCR Webinar: Title IX Regulations Addressing Sexual Harassment (Length: 01:11:29) 05/06/2020
March 2020

 

 

Coronavirus (COVID-19) Outbreak

On Wednesday, March 4, 2020 the Office for Civil Rights (OCR) at the U.S. Department of Education (Department) issued a Letter to Education Leaders on Preventing and Addressing potential discrimination associated with COVID-19 in light of the coronavirus and an increasing number of news reports concerning harassment or bullying of students perceived to be of Asian descent. The OCR letter is one of many resources the Department has made available on its COVID-19 ("Coronavirus") Information and Resources for Schools and School Personnel page, where the Department will post regular updates.

January 2020

 

 

Religious Liberty and Free Inquiry Rulemaking

Today, the Department of Education announced a Notice of Proposed Rulemaking to foster environments that promote open, intellectually engaging, and diverse debate, including through compliance with the First Amendment for public institutions and compliance with stated institutional policies regarding freedom of speech, including academic freedom, for private institutions. Part of the Notice of Proposed Rulemaking proposes to clarify how an educational institution may demonstrate that it is controlled by a religious organization for purposes of Title IX, 20 U.S.C. § 1681. The Department is issuing a brief factsheet regarding this aspect of the proposed regulations. The proposed regulations can be viewed here.

  • Fact sheet:  PDF (680K)
January 2020

 

 

Students with Disabilities and the Use of Restraint and Seclusion in K-12 Public Schools

On January 17, 2019, Secretary of Education Betsy DeVos announced an initiative to examine the possible inappropriate use of restraint and seclusion in our nation’s schools. As a part of this initiative, the Office for Civil Rights (OCR) has partnered with the Office of Special Education and Rehabilitative Services (OSERS) to support teachers, school leaders, parents, and stakeholders as they work to address the behavioral needs of children with disabilities.

One primary component of the Department’s initiative has focused on providing technical assistance to support schools in understanding how Section 504, Title II, and the Individuals with Disabilities Education Act (IDEA) informs the development and implementation of policies governing the use of restraint and seclusion.

To this end, OCR and OSERS are pleased to present the following webinar, Students with Disabilities and the Use of Restraint and Seclusion in K-12 Public Schools  Webcast (Length: 00:46:09), as technical assistance to both support children with disabilities – and support the needs of those within school systems serving students.

We hope that you will find this tool to be a helpful resource and valuable technical assistance on how federal laws apply to the use of restraint and seclusion. OCR and OSERS will continue to seek ways to support schools to improve outcomes for children with disabilities and ensure access to technical assistance and available resources.

 
2019
September 2019

 

 

Secretary DeVos Levies Largest-Ever Clery Fine Against Michigan State University, Requires Major Corrective Action Following Systemic Failure to Address Sexual Abuse

The U.S. Department of Education announced it will fine Michigan State University (MSU) a record $4.5 million and require the University to make major changes to its Title IX procedures following its systemic failure to protect students from sexual abuse. The fine and required corrective action come after two separate investigations, one by the office of Federal Student Aid (FSA) and the other by the Office for Civil Rights (OCR), as directed by U.S. Secretary of Education Betsy DeVos.

August 2019

 

 

U.S. Department of Education Continues Work to Improve Civil Rights Data Quality

U.S. Secretary of Education Betsy DeVos announced today that the U.S. Department of Education's Office for Civil Rights (OCR) and the National Center for Education Statistics (NCES) will work collaboratively to improve the information collected in the Civil Rights Data Collection (CRDC). The partnership between OCR and NCES will help to ensure that the CRDC data is valid, reliable and authenticated in a manner that provides a more accurate picture of key civil rights issues in education.

"OCR has worked to continuously improve CRDC data quality—and has taken unprecedented steps to ensure school districts report accurate data to the Department," said U.S. Secretary of Education Betsy DeVos. "This agreement between OCR and NCES is one additional step to make sure that we are doing everything we can to help states and school districts provide correct CRDC data that can be relied on by the public, parents and families.

July 2019

 

 

New Data Show Secretary DeVos' Reforms to the Office for Civil Rights are Driving Better Results for Students

The Office for Civil Rights (OCR) at the U.S. Department of Education released new data today that show students who file civil rights complaints under U.S. Secretary of Education Betsy DeVos’ leadership are served more efficiently and effectively than students who filed civil rights complaints during the previous administration.

June 2019

 

 

U.S. Secretary of Education Betsy DeVos Issues Statement on Title IX Anniversary

U.S. Secretary of Education Betsy DeVos released the following statement for tomorrow’s 47th anniversary of the enactment of Title IX:

“Title IX makes clear that no student shall, on the basis of sex, be subject to discrimination. This important law ensures that institutions that receive federal taxpayer funds will follow the law and grant equal access to all students, regardless of sex, in activities and programs inside and outside the classroom. We take the responsibility of protecting students seriously. The Department’s Office for Civil Rights vigorously enforces Title IX so that every student can pursue a quality education free from discrimination.”

February 2019

 

 

U.S. Department of Education Announces One Day Reopening of Comment Period for Proposed Title IX Rule

The U.S. Department of Education today submitted for publication in the Federal Register written notice of re-opening of the comment period for the Department's proposed regulations under Title IX of the Education Amendments of 1972 (Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance). On November 29, 2018, the Department published in the Federal Register a notice of proposed rulemaking to amend the regulations under Title IX (Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance). During the 62-day comment period, which closed on January 30, 2019, the Department received more than 104,000 comments. To give the public an additional opportunity to comment—particularly anyone who may have experienced technical difficulties using the Federal eRulemaking Portal—the Department is reopening the comment period for one day on February 15, 2019. As to comments not previously submitted, commenters must submit comments: between 12:00 a.m. and 11:59 p.m. EST on February 15, 2019 if submitted through the Federal eRulemaking Portal (www.regulations.gov); or between 9:00a.m. and 5:00 p.m. EST on February 15, 2019 if hand delivered; or postmarked on February 15, 2019 if delivered by postal mail or commercial delivery. Comments submitted by postal mail, commercial delivery, or hand delivery must be addressed to Brittany Bull, U.S. Department of Education, 400 Maryland Ave. SW, Room 6E310, Washington, DC 20202. Please do not resubmit a comment that was previously submitted. The Department is continuously processing and posting all comments received from the public in a manner that ensures the Department is able to review and consider each comment. Once all comments have been processed, they will be posted and publicly available.

  • Read the unofficial version of the notice sent to the Federal Register here.
  • The official Notice was published in the Federal Register on February 14, 2019  PDF (192K)
January 2019

 

 

U.S. Department of Education Submits to Federal Register Written Notice of Extension to Comment Period for Proposed Title IX Rule

The U.S. Department of Education today submitted for publication in the Federal Register written notice of an extension of the comment period for the Department's proposed regulations under Title IX of the Education Amendments of 1972 (Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance). On November 29, 2018, the Department published a Notice of Proposed Rulemaking (NPRM) in the Federal Register (83 FR 61462) to amend the Title IX regulations to provide appropriate standards for how recipients must respond to incidents of sexual harassment. The NPRM established a 60-day comment period through January 28, 2019; however, the Federal eRulemaking Portal was temporarily unavailable for a portion of January 16 and 17, 2019 due to technical issues. To ensure that the public will have had 60 days in total to submit comments on the Department's NPRM using the Federal eRulemaking Portal, the Department is extending the public comment period for an additional two days. Comments must now be submitted to the Department on or before January 30, 2019. Comments may continue to be submitted via the Federal eRulemaking Portal at https://www.regulations.gov/document?D=ED_FRDOC_0001-0830, or by postal mail, commercial delivery, or hand delivery addressed to: Brittany Bull, U.S. Department of Education, 400 Maryland Ave. SW, Room 6E310, Washington, DC 20202.

  • Read the unofficial version of the notice sent to the Federal Register here.
January 2019

 

 

U.S. Department of Education Announces Initiative to Address the Inappropriate Use of Restraint and Seclusion to Protect Children with Disabilities, Ensure Compliance with Federal Laws

U.S. Secretary of Education Betsy DeVos announced that the U.S. Department of Education is launching an initiative to address the possible inappropriate use of restraint and seclusion in our nation’s schools. The Office for Civil Rights (OCR), in partnership with the Office of Special Education and Rehabilitative Services (OSERS), will oversee this proactive approach, which will protect students with disabilities by providing technical assistance and support to schools, districts, and state education agencies, and which will strengthen enforcement activities.

 
2018
November 2018

 

 

U.S. Department of Education Builds on Efforts to Improve Services for Students, Increase Effectiveness and Fairness of Office for Civil Rights Investigations

As part of its ongoing work to protect students' civil rights and effectively, efficiently and fairly investigate civil rights complaints, today the U.S. Department of Education announced additional improvements to the Office for Civil Rights' (OCR) Case Processing Manual (CPM).

November 2018

 

 

U.S. Department of Education Releases Proposed Title IX Rule

The U.S. Department of Education today released its proposed rule under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. This package includes the Department's press release, a one page fact sheet, a section-by-section summary of the proposed rule, and the proposed rule in its entirety. The Department's proposed rule will be open for public comment for 60 days from the date of publication in the Federal Register.

April 2018

 

 

Office for Civil Rights Releases New Civil Rights Data Collection Data

The U.S. Department of Education's Office for Civil Rights (OCR) today unveiled new data from the 2015–16 school year.

2017
September 2017

 

 

Office for Civil Rights Withdraws Guidance on Sexual Violence and Issues Q&A on Campus Sexual Misconduct

The U.S. Department of Education’s Office for Civil Rights (OCR) today issued a Dear Colleague Letter and Q&A on Campus Sexual Misconduct. The Dear Colleague Letter withdraws the statements of policy and guidance reflected in OCR’s Dear Colleague Letter on Sexual Violence (April 4, 2011), and Questions and Answers on Title IX and Sexual Violence (April 29, 2014). The Q&A on Campus Sexual Misconduct provides information about how OCR will assess a school’s compliance with Title IX while it engages in rulemaking on this topic.

  • Read the Press Release
  • "Dear Colleague" letter  PDF (314K)
    Carta a los Estimados Colegas  PDF (130K)
  • Q&A on Campus Sexual Misconduct  PDF (149K)
    Preguntas y Respuestas Sobre la Mala Conducta Sexual en el Campus  PDF (165K)
March 2017

 

 

U.S. Education Department Reaches Agreement with Wittenberg University Concerning Title IX Violations

The U.S. Department of Education’s Office for Civil Rights (OCR) announced today that it has reached an agreement with Wittenberg University in Springfield, Ohio, after finding that the university’s handling of complaints arising from reports of sexual assault violated Title IX of the Education Amendments of 1972.  Title IX prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance.

The Title IX probe was based on two complaints filed in July 2011 and April 2013, alleging that the university failed to respond promptly and equitably to reports that the students had been sexually assaulted. (Read More).

Wittenberg University (OH) (15112115)  PDF (181.6K)
Wittenberg University (OH) (15132141)  PDF (181.6K)

  • Read the Resolution Agreement

Wittenberg University (OH) (15112115)  PDF (71.54K)
Wittenberg University (OH) (15132141)  PDF (71.54K)

March 2017

 

 

U.S. Education Department Reaches Agreement with Palo Alto Unified School District to Ensure Prompt, Equitable Responses to Reports of Violations of Title IX

The U.S. Department of Education's Office for Civil Rights (OCR) has reached an agreement with the Palo Alto Unified School District in Palo Alto, California after finding that the district's handling of complaints violated Title IX of the Education Amendments of 1972. Title IX prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance.

During OCR's June 2013 proactive investigation of the district's handling of Title IX complaints, OCR received a complaint in March 2014 alleging that the district failed to respond promptly and equitably to reports that students were subjected to sexual harassment. OCR's investigation included reviewing the policies and procedures utilized by the district, reviewing investigative and discipline files provided by the district, conducting on-site visits, and interviewing district staff (Read More).

Palo Alto Unified School District (CA) (09141217) PDF (356.10K)
Palo Alto Unified School District (CA) (09135901) PDF (356.10K)

  • Read the Resolution Agreement

Palo Alto Unified School District (CA) (09141217) PDF (89.88K)
Palo Alto Unified School District (CA) (09135901) PDF (89.88K)

March 2017

 

 

U.S. Education Department Reaches Agreement with Wittenberg University Concerning Title IX Violations

The U.S. Department of Education’s Office for Civil Rights (OCR) announced today that it has reached an agreement with Wittenberg University in Springfield, Ohio, after finding that the university’s handling of complaints arising from reports of sexual assault violated Title IX of the Education Amendments of 1972.  Title IX prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance.

The Title IX probe was based on two complaints filed in July 2011 and April 2013, alleging that the university failed to respond promptly and equitably to reports that the students had been sexually assaulted. (Read More).

Wittenberg University (OH) (15112115)  PDF (181.6K)
Wittenberg University (OH) (15132141)  PDF (181.6K)

  • Read the Resolution Agreement

Wittenberg University (OH) (15112115)  PDF (71.54K)
Wittenberg University (OH) (15132141)  PDF (71.54K)

March 2017

 

 

U.S. Education Department Reaches Agreement with Palo Alto Unified School District to Ensure Prompt, Equitable Responses to Reports of Violations of Title IX

The U.S. Department of Education's Office for Civil Rights (OCR) has reached an agreement with the Palo Alto Unified School District in Palo Alto, California after finding that the district's handling of complaints violated Title IX of the Education Amendments of 1972. Title IX prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance.

During OCR's June 2013 proactive investigation of the district's handling of Title IX complaints, OCR received a complaint in March 2014 alleging that the district failed to respond promptly and equitably to reports that students were subjected to sexual harassment. OCR's investigation included reviewing the policies and procedures utilized by the district, reviewing investigative and discipline files provided by the district, conducting on-site visits, and interviewing district staff (Read More).

Palo Alto Unified School District (CA) (09141217) PDF (356.10K)
Palo Alto Unified School District (CA) (09135901) PDF (356.10K)

  • Read the Resolution Agreement

Palo Alto Unified School District (CA) (09141217) PDF (89.88K)
Palo Alto Unified School District (CA) (09135901) PDF (89.88K)

January 2017

 

 

Office for Civil Rights Releases Resources for Educators on Title VI and Religion

The U.S. Department of Education’s Office for Civil Rights (OCR) today released a package of documents to assist schools, colleges, universities, educators, and students understand how Title VI of the Civil Rights Act of 1964, enforced by OCR, protects students of any religion from discrimination, including harassment, based on race, color, or national origin, including discrimination based on a student’s actual or perceived:

  • shared ancestry or ethnic characteristics, or
  • citizenship or residency in a country with a dominant religion or distinct religious identity.

The package includes a Know Your Rights document on when discrimination involving students who are or are perceived to belong to a religious group may be discrimination that is prohibited by Title VI of the Civil Rights Act; a fact sheet on combatting discrimination against Jewish students; a fact sheet on combatting discrimination against AANHPI/MASSA students; and a Dear Colleague Letter on Title VI and Title IX and Religious Discrimination

2016
December 2016

 

 

Office for Civil Rights Releases Guidance about the Rights of Students with Disabilities in Public Charter Schools

The U.S. Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) jointly issued a Dear Colleague Letter (DCL) and separate question and answer guidance documents to help educators, parents, students, and other stakeholders better understand the rights of students with disabilities in public charter schools under Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Individuals with Disabilities Education Act (IDEA). In addition, OCR and OSERS jointly issued a fact sheet that provides a brief overview of the guidance.

  • Read the Press Release
  • "Dear Colleague" letter  PDF (107.78K)
  • OSERS Frequently Asked Questions  PDF (561.96K)
  • OCR Frequently Asked Questions  PDF (593.96K)
  • Fact Sheet  PDF (91.72K)
December 2016

 

 

Office for Civil Rights Releases Guidance on the Use of Restraint and Seclusion in Schools

The U.S. Department of Education’s Office for Civil Rights (OCR) today issued legal guidance to school districts as to how the use of restraint or seclusion can result in discrimination against students with disabilities, in violation of Section 504 of the Rehabilitation Act of 1973. In addition, the Department also released a “Fast Facts” document that provides a brief overview of the guidance.

December 2016

 

 

Office for Civil Rights Releases a Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools

The U.S. Department of Education’s Office for Civil Rights (OCR) today issued a resource guide to help parents and the public elementary and secondary school community  understand student rights and school district responsibilities under Section 504 of the Rehabilitation Act of 1973 (Section 504), a Federal civil rights law that prohibits disability discrimination.

December 2016

 

 

Elmira College Reaches Agreement with U.S. Education Department to Address Title IX Violations Regarding Sexual Harassment, Sexual Violence

The U.S. Department of Education announced today that the Office for Civil Rights (OCR) has reached an agreement with Elmira College in Elmira, New York, after finding that the college violated Title IX of the Education Amendments of 1972 by failing to promptly and equitably respond to complaints of sexual harassment and sexual violence.

“Elmira College has demonstrated a strong commitment to address and prevent sexual harassment and violence among students, staff and the college community,” said Catherine E. Lhamon, assistant secretary for civil rights. “I thank Elmira and its leadership for their commitment to work with OCR to implement this agreement, and to ensure student safety.”

December 2016

 

 

Office for Civil Rights Releases Guidance on the Prevention of Racial Discrimination in Special Education

The U.S. Department of Education’s Office for Civil Rights (OCR) today issued guidance addressing the interplay of the Title VI prohibition against discrimination on the basis of race/color/national origin in the administration of special education in public schools.

December 2016

 

 

Civil Rights Reports Spotlight Eight Years of Accomplishments, Lingering Challenges

The U.S. Department of Education released two reports today that spotlight the challenges and achievements of the Department’s Office for Civil Rights (OCR) in protecting students’ civil rights during an event with U.S. Secretary of Education John B. King Jr., former Education Secretary Arne Duncan and Assistant Secretary for Civil Rights Catherine E. Lhamon.

  • Read the Press Release
  • Securing Equal Education Opportunity (FY16 Report) PDF (4.19K)
  • Achieving Simple Justice (2009-16 Report) PDF (13.84K)
November 2016

 

 

Connecticut's East Hartford Public Schools' Enrollment, Registration Methods Found in Violation of Civil Rights

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has reached an agreement with Connecticut’s East Hartford Public Schools after finding that the district violated Title VI of the Civil Rights Act of 1964 by failing to provide adequate language services to limited English proficient (LEP) parents and guardians and by unlawfully imposing barriers to enrollment and applying additional registration and enrollment criteria to students based on national origin.

November 2016

 

 

Yonkers (N.Y.) Public Schools Commit to Addressing Problems Serving Students with Disabilities

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has entered into a resolution agreement with the Yonkers (N.Y.) Public Schools to address address problems concerning appropriate access to general education instruction for the district’s more than 4,000 students with disabilities.

October 2016

 

 

CUNY, Hunter College Reach Agreement with U.S. Education Department to Address Title IX Violations on Sexual Harassment, Sexual Violence

The U.S. Department of Education announced today that the Office for Civil Rights (OCR) has reached an agreement with the City University of New York (CUNY) and its Hunter College after finding that the college violated Title IX of the Education Amendments of 1972 by failing to promptly and equitably respond to complaints of sexual harassment and sexual violence.

October 2016

 

 

Students Accused of Sexual Misconduct Had Title IX Rights Violated by Wesley College, Says U.S. Department of Education

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has reached an agreement with Wesley College in Dover, Delaware after finding the college in violation of Title IX of the Education Amendments of 1972 as it applies to sexual violence and sexual harassment. OCR determined that students accused of sexual misconduct had their Title IX rights violated by Wesley in the course of its investigation of the case.

September 2016

 

 

Questions and Answers about the Supreme Court's 2016 ruling in Fisher v. University of Texas at Austin

This "Questions and Answers" entry provides information about the U.S. Supreme Court's June 2016 ruling in Fisher v. University of Texas at Austin (Fisher II), and reiterates the continued support of the Departments of Education and Justice for the voluntary use of race and ethnicity to achieve diversity in education.

  • Questions and Answers  PDF (116.63K)
August 2016

 

 

Maryland's Frostburg State University Found in Violation of Title IX, Reaches Agreement with U.S. Education Department to Address, Prevent Sexual Assault and Harassment

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has entered into an agreement with Frostburg State University of the University System of Maryland to ensure compliance with Title IX of the Education Amendments of 1972 as it applies to sexual violence and sexual harassment. The action follows an OCR investigation which found Frostburg to be in violation of Title IX.

 

August 2016

 

 

U.S. Education Department Reaches Settlement with Lodi Unified School District in California

The U.S. Department of Education’s Office for Civil Rights (OCR) announced today that the Lodi Unified School District in Lodi, California, has entered into a resolution agreement to end the racially discriminatory impact of the district’s discipline policies and address concerns that it disciplines African-American students more harshly than white students.

August 2016

 

 

San Bernardino County, U.S. Education Department Agree to Ensure that Students with Disabilities in Alternative and Juvenile Court Schools Receive Free, Appropriate Education

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has entered into a resolution agreement with the San Bernardino County Superintendent of Schools in California to address compliance issues involving students with disabilities in alternative and juvenile court schools.

An OCR investigation found that the county discriminated against students with disabilities in violation of Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (Read more).

July 2016

 

 

Office for Civil Rights Releases ADHD Guidance

The U.S. Department of Education’s Office for Civil Rights (OCR) today issued guidance clarifying the obligation of schools to provide students with attention-deficit/hyperactivity disorder (ADHD) with equal educational opportunity under Section 504 of the Rehabilitation Act of 1973 (Section 504).  The guidance—in the form of a Dear Colleague Letter and accompanying Resource Guide—provides a broad overview of Section 504 and school districts’ obligations to students with ADHD, including appropriately evaluating and providing services to such students, and ensuring due process. In addition, the Department also released a Know Your Rights document that provides a brief overview of the guidance.

July 2016

 

 

OCR Web Updates on Religious Discrimination

The U.S. Department of Education’s Office for Civil Rights (OCR) today unveiled a new webpage about religious discrimination and an updated online complaint form to make clearer when OCR can investigate complaints of discrimination involving religion. Both aim to ensure that students of all religious backgrounds receive the full protection of the Federal civil rights laws that OCR enforces. 

July 2016

 

 

U.S. Education Department Settles Sexual Assault Case with Minot State University, N.D.

The U.S. Department of Education’s Office for Civil Rights (OCR) announced today that it has entered into a resolution agreement with Minot State University, North Dakota, after finding the university in violation of Title IX of the Education Amendments of 1972.

July 2016

 

 

Virginia's Hampton City Schools, U.S. Education Department Settle Case of Retaliation Against Mom Who Advocated for Daughter

The U.S. Department of Education's Office for Civil Rights (OCR) announced today that it has entered into a resolution agreement with the Hampton, Virginia, City Schools after finding the division in violation of the civil rights laws enforced by OCR that prohibit retaliation for opposing discriminatory practices or for participating in OCR's complaint resolution process.

June 2016

 

 

Settlements Reached in Seven States, One Territory to Ensure Website Accessibility for People with Disabilities

The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that it has reached settlements with education organizations in seven states and one territory to ensure website accessibility for people with disabilities.

June 2016

 

 

Office for Civil Rights Reaches Settlement With Dorchester County School District Two in South Carolina Over Transgender Discrimination

The U.S. Department of Education’s Office for Civil Rights announced today that it has entered into a voluntary resolution agreement with Dorchester County School District Two in South Carolina, after finding the district in violation of Title IX of the Education Amendments of 1972 for discriminating against a transgender elementary school student. Title IX of the Education Amendments of 1972 protects all students from sex-based discrimination.

June 2016

 

 

Guidance on Gender Equity in Career and Technical Education

The Dear Colleague Letter from the U.S. Department of Education’s Office for Civil Rights and Office of Career, Technical, and Adult Education explains that all students, regardless of their sex, must have equal access to the full range of career and technical education (CTE) programs offered. The Dear Colleague Letter includes an overview of the legal requirements most relevant to ensuring gender equity in CTE programs and provides examples of ways schools can prevent or remedy inequity.

June 2016

 

 

Occidental College, U.S. Education Department Reach Agreement to Ensure Prompt, Equitable Responses to Reports of Sexual Harassment, Violence

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has reached an agreement with Occidental College in Los Angeles to resolve a sexual violence and sexual harassment complaint investigation.

June 2016

 

 

Persistent Disparities Found Through Comprehensive Civil Rights Survey Underscore Need for Continued Focus on Equity, King Says

The U.S. Department of Education's Office for Civil Rights (OCR) todayunveiled new data from the 2013-2014 school year showing gaps that still remain too wide in key areas affecting educational equity and opportunity for students, including incidents of discipline, restraint and seclusion, access to courses and programs that lead to college and career readiness, teacher equity, rates of retention, and access to early learning. U.S. Secretary of Education John B. King, Jr. said that, despite significant work from districts across the country, the persistent disparities shown in the Civil Rights Data Collection – which collected data from all public schools and school districts nationwide for the 2013-14 school year – highlight the need for a continued focus on educational equity, especially in the implementation of the new Every Student Succeeds Act.

June 2016

 

 

U.S. Department of Education Release Joint Fact Sheet about Combating Discrimination against Asian American, Native Hawaiian, and Pacific Islander (AANHPI) and Muslim, Arab, Sikh, and South Asian (MASSA) Students

The U.S. Department of Education’s Office for Civil Rights, the U.S. Department of Justice’s Educational Opportunities Section, and the White House Initiative on Asian Americans and Pacific Islanders issued a fact sheet that includes examples of forms of discrimination that members of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) and Muslim, Arab, Sikh, and South Asian (MASSA) communities commonly face.

  • The fact sheet in English  PDF (239.2K) and in other languages about combating discrimination against Asian American, Native Hawaiian, and Pacific Islander (AANHPI) and Muslim, Arab, Sikh, and South Asian (MASSA) students.
May 2016

 

 

U.S. Departments of Education and Justice Release Joint Guidance to Help Schools Ensure the Civil Rights of Transgender Students

The "Dear Colleague" Letter from the U.S. Department of Education and the U.S. Department of Justice summarizes a school’s Title IX obligations regarding transgender students and explains how the Departments evaluate a school’s compliance with these obligations. The U.S. Department of Education’s Office of Elementary and Secondary Education issued a companion document, Examples of Policies and Emerging Practices for Supporting Transgender Students, which summarizes key components of policies on transgender students from school districts and state education agencies across the country. The "Dear Colleague" Letter and Emerging Practices are available on the Transgender and Gender-Nonconforming Students Resources page.

  • Read the Press Release
  • "Dear Colleague" letter  PDF (717.33K)
  • Examples of Policies and Emerging Practices for Supporting Transgender Students  PDF (636.35K)
May 2016

 

 

U.S. Department of Education Releases Report on Office for Civil Rights to Ensure Educational Equity for All Students

The U.S. Department of Education's Office for Civil Rights today released its fiscal year 2015 annual report highlighting efforts during the last year to protect students’ civil rights and increase educational equity nationwide.

The report, Delivering Justice, cites examples of OCR’s enforcement activities in 2015, including processing of a record 10,392 civil rights complaints, opening more than 3,000 investigations, and reaching more than 1,000 substantive resolutions with institutions that included remedies or changes designed to protect students’ civil rights.

May 2016

 

 

U.S. Departments of Education and Justice Reach Voluntary Settlement with Arizona Department of Education to Meet the Needs of English Language Learner Students

The U.S. Departments of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division entered into a voluntary settlement agreement late yesterday with the Arizona Department of Education (ADE) under the Equal Educational Opportunities Act and Title VI of the Civil Rights Act of 1964.

April 2016

 

 

Oklahoma City Public Schools, US Department of Education Reach Agreement to Resolve Nondiscrimination Investigation Regarding Disciplining Students

The U.S. Department of Education today reached a settlement agreement with the Oklahoma City Public Schools to address disproportionate discipline of black students. An investigation revealed black students were significantly overrepresented in disciplinary actions.

March 2016

 

 

Settlement Reached on Title IX Athletics Probe at Buffalo's Erie Community College

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has reached a settlement with Erie Community College in Buffalo, New York, to resolve issues of women’s access to athletic opportunities at the institution.

 

January 2016

 

 

Toledo Public Schools, U.S. Education Department Reach Agreement to Address Issues of African American Student Access to Resources

The U.S. Department of Education's Office for Civil Rights and Toledo Public Schools announced today that the district has entered into a resolution agreement to ensure compliance with Title VI of the Civil Rights Act of 1964 in providing equitable resources to African American students.

 
2015
December 2015

 

 

Guidance on Voluntary Youth Service Organizations

The Dear Colleague Letter from Assistant Secretary for Civil Rights Catherine E. Lhamon explains the circumstances under which a school district lawfully may work with outside organizations that provide single-sex programming under Title IX of the Education Amendments of 1972.

December 2015

 

 

Settlement Reached with Palatine, Ill., Township High School District 211 to Remedy Transgender Discrimination

The District voluntarily signed a resolution agreement to resolve a Title IX violation on December 3, 2015. On November 2, 2015, OCR issued a letter of finding stating that the district was in violation of Title IX for discriminating against a transgender high school student by denying her access to the girls' locker rooms for more than two years. The agreement requires the District ... (Read Entire Summary).

September 2015

 

 

U.S. Education Department Reaches Agreement with the University of Virginia to Address and Prevent Sexual Violence and Sexual Harassment

The U.S. Department of Education’s Office for Civil Rights (OCR) and the University of Virginia (UVA) announced today that UVA has entered into a resolution agreement to ensure that the university’s handling of sexual violence and sexual harassment complies with the requirements of Title IX of the Education Amendments of 1972 (Title IX).

April 2015

 

 

Annual Report on Activities for Fiscal Year 2012-2014

OCR has recently released an Annual Report on Activities for Fiscal Year 2012-2014. These reports summarize OCR's policy and enforcement activities, and are required to be presented to the President, the Secretary of Education, and Congress by Section 203(b) of the Department of Education Organization Act of 1979, Pub. L. No. 96-88.

  • View Annual Report  PDF (4.15M)
April 2015

 

 

Guidance on Obligation of Schools to Designate a Title IX Coordinator

The Dear Colleague Letter is accompanied by a letter to Title IX coordinators that provides them with more information about their role and a Title IX resource guide that includes an overview of Title IX’s requirements with respect to several key issues. The Dear Colleague Letter, the letter to Title IX coordinators and the Title IX Resource Guide are available on the Title IX Coordinators page.

  • Press Release
  • "Dear Colleague" letter PDF (351K)
  • Letter to Title IX coordinators PDF (298K)
  • Title IX Resource Guide PDF (501K)
March 2015

 

 

Addressing the Risk of Measles in Schools while Protecting the Civil Rights of Students with Disabilities

OCR Fact Sheet entitled “Addressing the Risk of Measles in Schools while Protecting the Civil Rights of Students with Disabilities.” The Fact Sheet addresses how school officials can implement recommendations and resources from the Centers for Disease Control and Prevention (CDC) related to protecting children and their families from measles without discriminating on the basis of disability, particularly in the case of students who are medically unable to receive a vaccine because of a disability, and explains what school officials must do to ensure continuity of learning if a student is legitimately excluded from school. Other resources on measles can be found at rems.ed.gov/KeepSchoolsSafeFromDiseases.aspx.

  • OCR Fact Sheet  PDF (146K)
February 2015

 

 

Case Processing Manual

Notice – OCR is now posting its updated  Case Processing Manual (CPM), which replaces the January 2010 version of the CPM.

January 7, 2015

 

 

Guidance to Ensure English Learner Students Have Equal Access to a High-Quality Education

“The U.S. Departments of Education (ED) and Justice (DOJ) today released joint guidance: "Dear Colleague Letter: English Learner Students and Limited English Proficient Parents" reminding states, school districts and schools of their obligations under federal law to ensure that English learner students have equal access to a high-quality education and the opportunity to achieve their full academic potential.” In addition to the guidance, the Departments also released additional tools and resources to help schools in serving English learner students and parents with limited English proficiency, including:

  • Press Release
  • "Dear Colleague" letter  PDF (499K)
    Carta a los Estimados Colegas  PDF (809K)
  • A fact sheet in  English and in other languages about schools' obligations under federal law to ensure that English learner students can participate meaningfully and equally in school.
  • A fact sheet in  English and in other languages about similar obligations to communicate information to limited English proficient parents in a language they can understand.
  • toolkit to help school districts identify English learner students.
Top
2014
December 16, 2014

 

 

OCR Fact Sheet entitled “Implementing CDC’s Ebola Guidance for Schools while Protecting the Civil Rights of Students and Others”.

The Fact Sheet addresses how school officials can implement Ebola guidance from the Centers for Disease Control and Prevention (CDC) without discriminating on the basis of race, color, national origin, or disability; explains what school officials must do to ensure a continuity of learning if a student is legitimately excluded from school; and reminds school officials of their responsibility to respond to bullying and harassment. Other resources on Ebola can be found at www.ed.gov/ebola-response.

  • Fact Sheet  PDF (158K)
December 8, 2014

 

 

Guidance on Protecting Civil Rights in Juvenile Justice Residential Facilities

"Dear Colleague" letter from Assistant Secretary for Civil Rights Catherine E. Lhamon and Acting Assistant Attorney General for Civil Rights, Vanita Gupta, U.S. Department of Justice, concerning the applicability of Federal civil rights laws to juvenile justice residential facilities. The letter provides a reminder that juvenile justice residential facilities receiving Federal funds are subject to the same Federal civil rights obligations as all other public schools, and highlights some of the legal requirements related to access to academic coursework and career and vocational training, students with disabilities, English language learners, and the administration of discipline.

  • Dear Colleague Letter  PDF (676K)

December 1, 2014

 

 

 

Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities

These questions and answers clarify the legal requirements under the Department's Title IX regulations governing single-sex elementary and secondary classes and extracurricular activities.

November 12, 2014

 

 

Guidance on effective communication for students with hearing, vision, or speech disabilities in public elementary and secondary schools

“Dear Colleague” letter PDF (159K) and accompanying Frequently Asked Questions document (FAQ) PDF (418K) and Parent Fact Sheet PDF (103K) from Assistant Secretary for Civil Rights Catherine E. Lhamon, Acting Assistant Secretary for Special Education and Rehabilitative Services Michael K. Yudin, and Vanita Gupta, Acting Assistant Attorney General for Civil Rights, U.S. Department of Justice, concerning effective communication for students with hearing, vision, or speech disabilities in public elementary and secondary schools.

  • Dear Colleague Letter  PDF (159K)
    Carta a los Estimados Colegas  PDF (159K)
  • FAQ  PDF (418K)
  • Parent Fact Sheet  PDF (103K)
    En español PDF (103K)
October 21, 2014

 

 

Guidance on Bullying of Students with Disabilities

Dear Colleague letter  PDF (363K) from Assistant Secretary for Civil Rights Catherine E. Lhamon, concerning the obligation of elementary and secondary schools to respond to the bullying of students with disabilities, including those students who are not eligible for services under the Individuals with Disabilities Education Act but are entitled to services under Section 504 of the Rehabilitation Act. The guidance discusses the actions schools must take when bullying interferes with the education of a student with a disability who is bullied on any basis, and provides insight into how OCR analyzes complaints involving bullying of students with disabilities.

  • Press Release
  • Dear Colleague Letter  PDF (363K)
    Carta a los Estimados Colegas  PDF (388K)
  • Fact Sheet  PDF (88K)
    En español PDF (40K)
October 1, 2014

 

 

Guidance to Ensure All Students Have Equal Access to Educational Resources

Dear Colleague Letter: Resource Comparability from Assistant Secretary for Civil Rights Catherine E. Lhamon about ensuring students have equal access to educational resources without regard to race, color, or national origin. The guidance, fact sheet, and resources for technical assistance are also available on the Resource Comparability Materials homepage.

  • Press Release
    En español
  • "Dear Colleague" letter  PDF (469K)
    Carta a los Estimados Colegas: Comparabilidad de Recursos  PDF (307K)
  • Fact Sheet  PDF (179K)
    En español (Spanish)  PDF (510K)
    情况说明书 (Sim. Chinese)  PDF (299K)
    情況說明書 (Trad. Chinese)  PDF (431K)
    한국어 (Korean)  PDF (352K)
    русский (Russian)  PDF (254K)
    Tagalog (Tagalog)  PDF (180K)
    Việt-ngữ (Vietnamese)  PDF (223K)

May 14, 2014

 

 

 

Guidance on Charter Schools

The new guidance highlights critical subjects that have arisen in charter schools, including the schools’ obligations to avoid discrimination in admissions practices and the administration of discipline; to provide a free appropriate public education for students with disabilities; and to take affirmative steps to assist English learners. The guidance also points to other OCR publications regarding additional civil rights principles that are equally applicable to charter schools.

  • Dear Colleague letter  PDF
    Carta a los estimados colegas: Escuelas Chárter  PDF
May 8, 2014

 

 

Guidance for School Districts to Ensure Equal Access for All Children to Public Schools Regardless of Immigration Status

Important updates to the joint 2011 guidance regarding school responsibilities under Plyer v. Doe, including examples of permissible enrollment practices, as well as examples of the types of information that may not be used as a basis for denying a student entrance to school.

  • Press Release
  • "Dear Colleague" letter  PDF
    En español (Spanish)  PDF (177K)
    العربيّة (Arabic)  PDF (269K)
    情況說明書 (Trad. Chinese)  PDF (230K)
    한국어 (Korean)  PDF (244K)
    Tagalog (Tagalog)  PDF (155K)
    Việt-ngữ (Vietnamese)  PDF (214K)
  • Questions and Answers about Dear Colleague  PDF (326K)
    En español (Spanish)  PDF (196K)
    العربيّة (Arabic)  PDF (234K)
    情況說明書 (Trad. Chinese)  PDF (259K)
    한국어 (Korean)  PDF (386K)
    Tagalog (Tagalog)  PDF (185K)
    Việt-ngữ (Vietnamese)  PDF (314K)
  • Fact Sheet about Dear Colleague  PDF
    En español (Spanish)  PDF (569K)
    العربيّة (Arabic)  PDF (203K)
    情況說明書 (Trad. Chinese)  PDF (253K)
    한국어 (Korean)  PDF (289K)
    Tagalog (Tagalog)  PDF (156K)
    Việt-ngữ (Vietnamese)  PDF (248K)
 
May 6, 2014

 

 

Letter on Supreme Court ruling in Schuette v. Coalition to Defend Affirmative Action

Dear Colleague Letter concerning the U.S. Supreme Court ruling in Schuette v. Coalition to Defend Affirmative Action. The letter provides information about the Schuette decision and reiterates the Departments’ support for the voluntary use of race and ethnicity to achieve diversity in education.

  • Dear Colleague Letter  PDF (99K)
April 29, 2014

 

 

Update as of 09/22/2017. The original guidance issued below has been withdrawn.
Questions and Answers about Title IX and Sexual Violence

These questions and answers further clarify the legal requirements under Title IX articulated in the April 4, 2011 Dear Colleague letter on Sexual Violence and the January 19, 2001 Revised Sexual Harassment Guidance and provide recommendations for addressing allegations of sexual violence.

  • Press Release
  • Questions and Answers PDF (867K)
  • Know Your Rights about Title IX and Sexual Violence PDF (551K)

En español (Spanish) PDF (551K)
情況說明書 (Trad. Chinese) PDF (338K)
한국어 (Korean) PDF (272K)
Việt-ngữ (Vietnamese ) PDF (236K)

January 8, 2014

 

 

Guidance Package to Enhance School Climate and Improve School Discipline Policies/Practices

The guidance package will assist states, districts and schools in developing practices and strategies to enhance school climate, and ensure those policies and practices comply with federal law in light of the difficulty of creating and maintaining safe, positive environments. Included within the guidance package is the "Dear Colleague letter: Racial Disparities In The Administration Of School Discipline" from Assistant Secretary for Civil Rights Catherine E. Lhamon, U.S. Department of Education, and Acting Assistant Attorney General Jocelyn Samuels, U.S. Department of Justice.

 

 

For news stories prior to January 31, 2011, please visit our additional News page.

Office for Civil Rights (OCR)
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