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Office for Civil Rights Issues Resources on Equal Athletic Opportunities Under Title IX
February 17, 2023
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.
Office for Civil Rights Issues a Fact Sheet on Diversity & Inclusion Activities Under Title VI
January 31, 2023
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.
Office for Civil Rights Announces Resolution of Pregnancy Discrimination Investigation of Troy University
January 26, 2023
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)
Office for Civil Rights Releases New Fact Sheet on Title VI Protection from Discrimination Based on Shared Ancestry or Ethnic Characteristics
January 4, 2023
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)
Past Stories
Date | Title of Document |
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December 2022 |
Office for Civil Rights Reaches Agreement to Resolve Restraint and Seclusion Compliance Review of Southeastern Cooperative Educational Programs in Virginia |
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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.
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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 |
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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.
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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 |
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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.
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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 |
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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.
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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 |
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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.
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October 2022 |
U.S. Department of Education Releases New Resource on Discrimination Based on Pregnancy and Related Conditions |
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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.
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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 |
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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.
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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 |
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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.
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July 2022 |
U.S. Department of Education’s Office for Civil Rights Reaches Settlement with Victor Valley Union High School District in California |
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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.
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July 2022 |
U.S. Department of Education’s Office for Civil Rights Releases Fiscal Year 2021 Annual Report |
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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:
Fiscal Year 2021 Annual Report PDF (6.4M) |
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July 2022 |
U.S. Department of Education Issues Guidance Documents Concerning the Rights of Students with Disabilities in Connection with Student Discipline |
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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.
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July 2022 |
U.S. Department of Education's Office for Civil Rights Publishes Revised Case Processing Manual |
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Today, OCR published a revised Case Processing Manual, available here. |
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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 |
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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. |
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June 2022 |
U.S. Department of Education Releases Proposed Amendments to Its Title IX Regulations |
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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.
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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 |
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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. |
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June 2022 |
U.S. Department of Education’s Office for Civil Rights Announces Resolution of Pregnancy Discrimination Investigation of Salt Lake Community College |
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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. |
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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 |
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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. |
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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 |
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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. |
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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 |
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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. |
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May 2022 |
U.S. Department of Education Announces Intent to Strengthen and Protect Rights for Students with Disabilities by Amending Regulations Implementing Section 504 |
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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. |
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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 |
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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. |
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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 |
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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. |
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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 |
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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. |
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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 |
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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.
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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 |
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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. |
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November 2021 |
U.S. Department of Education Solicits Public Input on Proposed Civil Rights Data Collection Survey for the 2021–22 School Year |
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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. |
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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 |
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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. |
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October 2021 |
National Bullying Prevention Month |
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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.
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October 2021 |
U.S. Department of Education Issues a Fact Sheet on Supporting Intersex Students |
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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.
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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 |
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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.
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September 2021 |
U.S. Department of Education Releases Resource Collections for Elementary, Secondary, and Postsecondary Schools |
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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. |
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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 |
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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.
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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 |
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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. |
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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 |
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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.
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July 2021 |
U.S. Department of Education Issues Resource on Students and Children with Long COVID |
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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.
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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 |
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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.
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June 2021 |
Department of Education Issues a Dear Educator Letter on the 49th Anniversary of Title IX |
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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. |
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June 2021 |
Department of Education Issues a Notice of Interpretation Confirming that Title IX Prohibits Discrimination Based on Sexual Orientation and Gender Identity |
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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.
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June 2021 |
U.S. Department of Education Publishes Report on the Disparate Impacts of COVID-19 on Students in Elementary, Secondary, and Postsecondary Education |
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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.
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June 2021 |
U.S. Department of Education Publishes Request for Information Regarding the Nondiscriminatory Administration of School Discipline |
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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.
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May 2021 |
U.S. Department of Education Issues Letter about Schools’ Obligations to Address Harassment Directed at Asian American and Pacific Islander Students |
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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.
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May 2021 |
U.S. Department of Education Announces A Virtual Public Hearing on Title IX (June 7, 2021 through June 11, 2021) |
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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.
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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 |
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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.
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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 |
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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.
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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 |
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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.
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October 2020 |
Office for Civil Rights Releases New Civil Rights Data Collection Data |
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The U.S. Department of Education's Office for Civil Rights (OCR) today unveiled new data from the 2017–18 school year.
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May 2020 |
U.S. Department of Education Releases Final Title IX Rule |
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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.
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March 2020 |
Coronavirus (COVID-19) Outbreak |
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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.
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January 2020 |
Religious Liberty and Free Inquiry Rulemaking |
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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.
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January 2020 |
Students with Disabilities and the Use of Restraint and Seclusion in K-12 Public Schools |
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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. |
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September 2019 |
Secretary DeVos Levies Largest-Ever Clery Fine Against Michigan State University, Requires Major Corrective Action Following Systemic Failure to Address Sexual Abuse |
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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.
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August 2019 |
U.S. Department of Education Continues Work to Improve Civil Rights Data Quality |
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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. |
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July 2019 |
New Data Show Secretary DeVos' Reforms to the Office for Civil Rights are Driving Better Results for Students |
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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. |
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June 2019 |
U.S. Secretary of Education Betsy DeVos Issues Statement on Title IX Anniversary |
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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.” |
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February 2019 |
U.S. Department of Education Announces One Day Reopening of Comment Period for Proposed Title IX Rule |
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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. |
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January 2019 |
U.S. Department of Education Submits to Federal Register Written Notice of Extension to Comment Period for Proposed Title IX Rule |
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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.
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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 |
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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.
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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 |
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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). |
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November 2018 |
U.S. Department of Education Releases Proposed Title IX Rule |
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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.
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April 2018 |
Office for Civil Rights Releases New Civil Rights Data Collection Data |
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The U.S. Department of Education's Office for Civil Rights (OCR) today unveiled new data from the 2015–16 school year.
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September 2017 |
Office for Civil Rights Withdraws Guidance on Sexual Violence and Issues Q&A on Campus Sexual Misconduct |
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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.
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March 2017 |
U.S. Education Department Reaches Agreement with Wittenberg University Concerning Title IX Violations |
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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).
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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 |
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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).
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March 2017 |
U.S. Education Department Reaches Agreement with Wittenberg University Concerning Title IX Violations |
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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).
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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 |
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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).
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January 2017 |
Office for Civil Rights Releases Resources for Educators on Title VI and Religion |
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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:
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 |
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December 2016 |
Office for Civil Rights Releases Guidance about the Rights of Students with Disabilities in Public Charter Schools |
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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.
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December 2016 |
Office for Civil Rights Releases Guidance on the Use of Restraint and Seclusion in Schools |
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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.
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December 2016 |
Office for Civil Rights Releases a Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools |
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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.
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December 2016 |
Elmira College Reaches Agreement with U.S. Education Department to Address Title IX Violations Regarding Sexual Harassment, Sexual Violence |
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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.”
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December 2016 |
Office for Civil Rights Releases Guidance on the Prevention of Racial Discrimination in Special Education |
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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.
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December 2016 |
Civil Rights Reports Spotlight Eight Years of Accomplishments, Lingering Challenges |
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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.
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November 2016 |
Connecticut's East Hartford Public Schools' Enrollment, Registration Methods Found in Violation of Civil Rights |
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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.
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November 2016 |
Yonkers (N.Y.) Public Schools Commit to Addressing Problems Serving Students with Disabilities |
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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.
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October 2016 |
CUNY, Hunter College Reach Agreement with U.S. Education Department to Address Title IX Violations on Sexual Harassment, Sexual Violence |
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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.
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October 2016 |
Students Accused of Sexual Misconduct Had Title IX Rights Violated by Wesley College, Says U.S. Department of Education |
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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.
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September 2016 |
Questions and Answers about the Supreme Court's 2016 ruling in Fisher v. University of Texas at Austin |
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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.
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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 |
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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.
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August 2016 |
U.S. Education Department Reaches Settlement with Lodi Unified School District in California |
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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.
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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 |
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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).
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July 2016 |
Office for Civil Rights Releases ADHD Guidance |
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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.
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July 2016 |
OCR Web Updates on Religious Discrimination |
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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. |
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July 2016 |
U.S. Education Department Settles Sexual Assault Case with Minot State University, N.D. |
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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.
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July 2016 |
Virginia's Hampton City Schools, U.S. Education Department Settle Case of Retaliation Against Mom Who Advocated for Daughter |
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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.
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June 2016 |
Settlements Reached in Seven States, One Territory to Ensure Website Accessibility for People with Disabilities |
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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. |
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June 2016 |
Office for Civil Rights Reaches Settlement With Dorchester County School District Two in South Carolina Over Transgender Discrimination |
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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.
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June 2016 |
Guidance on Gender Equity in Career and Technical Education |
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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.
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June 2016 |
Occidental College, U.S. Education Department Reach Agreement to Ensure Prompt, Equitable Responses to Reports of Sexual Harassment, Violence |
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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.
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June 2016 |
Persistent Disparities Found Through Comprehensive Civil Rights Survey Underscore Need for Continued Focus on Equity, King Says |
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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.
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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 |
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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.
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May 2016 |
U.S. Departments of Education and Justice Release Joint Guidance to Help Schools Ensure the Civil Rights of Transgender Students |
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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. |
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May 2016 |
U.S. Department of Education Releases Report on Office for Civil Rights to Ensure Educational Equity for All Students |
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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.
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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 |
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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. |
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April 2016 |
Oklahoma City Public Schools, US Department of Education Reach Agreement to Resolve Nondiscrimination Investigation Regarding Disciplining Students |
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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. |
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March 2016 |
Settlement Reached on Title IX Athletics Probe at Buffalo's Erie Community College |
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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.
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January 2016 |
Toledo Public Schools, U.S. Education Department Reach Agreement to Address Issues of African American Student Access to Resources |
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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. |
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December 2015 |
Guidance on Voluntary Youth Service Organizations |
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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.
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December 2015 |
Settlement Reached with Palatine, Ill., Township High School District 211 to Remedy Transgender Discrimination |
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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). |
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September 2015 |
U.S. Education Department Reaches Agreement with the University of Virginia to Address and Prevent Sexual Violence and Sexual Harassment |
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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). |
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April 2015 |
Annual Report on Activities for Fiscal Year 2012-2014 |
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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.
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April 2015 |
Guidance on Obligation of Schools to Designate a Title IX Coordinator |
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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. |
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March 2015 |
Addressing the Risk of Measles in Schools while Protecting the Civil Rights of Students with Disabilities |
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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.
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February 2015 |
Case Processing Manual |
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Notice – OCR is now posting its updated Case Processing Manual (CPM), which replaces the January 2010 version of the CPM. |
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January 7, 2015 |
Guidance to Ensure English Learner Students Have Equal Access to a High-Quality Education |
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“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:
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December 16, 2014 |
OCR Fact Sheet entitled “Implementing CDC’s Ebola Guidance for Schools while Protecting the Civil Rights of Students and Others”. |
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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.
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December 8, 2014 |
Guidance on Protecting Civil Rights in Juvenile Justice Residential Facilities |
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"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.
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December 1, 2014 |
Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities |
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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.
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November 12, 2014 |
Guidance on effective communication for students with hearing, vision, or speech disabilities in public elementary and secondary schools |
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“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. |
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October 21, 2014 |
Guidance on Bullying of Students with Disabilities |
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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. |
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October 1, 2014 |
Guidance to Ensure All Students Have Equal Access to Educational Resources |
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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.
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May 14, 2014 |
Guidance on Charter Schools |
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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.
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May 8, 2014 |
Guidance for School Districts to Ensure Equal Access for All Children to Public Schools Regardless of Immigration Status |
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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.
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May 6, 2014 |
Letter on Supreme Court ruling in Schuette v. Coalition to Defend Affirmative Action |
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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.
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April 29, 2014 |
Update as of 09/22/2017. The original guidance issued below has been withdrawn. |
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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. |
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January 8, 2014 |
Guidance Package to Enhance School Climate and Improve School Discipline Policies/Practices |
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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.
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December 23, 2013 |
State and national estimations for the 2009-10 Civil Rights Data Collection (CRDC) |
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December 23, 2013: Posting of state and national estimations for the 2009-10 Civil Rights Data Collection (CRDC) on the CRDC website at http://ocrdata.ed.gov. On December 23, 2013 the U.S. Department of Education's Office for Civil Rights (OCR) posted files containing state and national estimations based on the 2009-10 school year CRDC data from a sample of our nation’s public schools on OCR’s website for the CRDC. |
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September 27, 2013 |
Guidance on the Voluntary Use of Race to Achieve Diversity in Higher Education after Fisher v. University of Texas at Austin |
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This “Dear Colleague” letter and Questions and Answers document provides colleges and universities with information about the ruling in Fisher v. University of Texas at Austin, and reiterates the Departments of Justice and the Department of Education’s position on the voluntary use of race to achieve diversity in higher education.
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June 25, 2013 |
Supporting the Academic Success of Pregnant and Parenting Students Under Title IX: |
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“Dear Colleague” Letter and Pamphlet: Supporting the Academic Success of Pregnant and Parenting Students Under Title IX of the Education Amendments of 1972 from Acting Assistant Secretary for Civil Rights Seth Galanter. This pamphlet clarifies the specific requirements of Title IX applicable to pregnant and parenting students. The pamphlet contains a FAQ section that explains the Title IX requirements and provides examples to ensure that schools understand their obligations and pregnant and parenting students understand their rights under Title IX. The pamphlet also provides information on strategies that educators may use and programs schools can develop to address the educational needs of students who become pregnant or have children. It also provides examples of promising practices designed to support pregnant and parenting students that schools may choose to implement.
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June 12, 2013 |
Guidance to Health-Related Schools Regarding Hepatitis B Discrimination |
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Joint OCR/DOJ/HHS "Dear Colleague" Letter, addressing the rights of students with hepatitis B in postsecondary medical, dental, nursing, and other health-related programs. The letter discusses the latest recommendations from the Centers for Disease Control and Prevention (CDC) regarding the participation of students with hepatitis B in health-related schools, and how the CDC recommendations relate to the federal laws prohibiting discrimination on the basis of disability, race, color, and national origin. |
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April 24, 2013 |
"Dear Colleague" letter from Acting Assistant Secretary for Civil Rights Seth Galanter, concerning the prohibition against retaliation under Federal civil rights laws. |
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The letter clarifies the basic principles of retaliation law and describes OCR’s methods of enforcement.
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January 25, 2013 |
Guidance on Schools' Obligation to Provide Equal Opportunity to Students with Disabilities to Participate in Extracurricular Athletics |
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"Dear Colleague" letter from Acting Assistant Secretary for Civil Rights Seth Galanter, addressing equal access to extracurricular athletics for students with disabilities. The Dear Colleague letter provides an overview of the obligations of public elementary and secondary schools under Section 504 of the Rehabilitation Act (Section 504), and the Department’s Section 504 regulations; cautions against making decisions based on presumptions and stereotypes; details the specific Section 504 regulations that require students with disabilities to have an equal opportunity for participation in nonacademic and extracurricular services and activities; and discusses the provision of separate or different athletic opportunities.
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March 14, 2012 |
Notice of Interpretation of Section 504 of the Rehabilitation Act of 1973 |
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The Department of Education has published in the Federal Register a Notice of Interpretation of Section 504 of the Rehabilitation Act of 1973 for new construction and alterations in light of recent revisions, by the Department of Justice, of regulations implementing Title II of the Americans with Disabilities Act.
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March 6, 2012 |
New Data from U.S. Department of Education Highlights Educational Inequities Around Teacher Experience, Discipline and High School Rigor: |
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With the Part 2 release of data from the 2009-2010 Civil Rights Data Collection, OCR shows, among other things, that minority students across America face harsher discipline, have less access to rigorous high school curricula, and are more often taught by lower-paid and less experienced teachers. |
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January 19, 2012 |
Department of Education Issues ADA Amendments Act Dear Colleague Letter to Provide Guidance Under Amended Legal Standards |
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Effective Jan. 1, 2009, the Amendments Act alters the ADA and the Rehabilitation Act, such that the meaning of disability is broadened and, in most cases, the focus is shifted away from the question of whether a student has a disability and toward the school districts' actions and obligations to ensure equal education opportunities. OCR’s “Dear Colleague” letter and FAQ sheet elaborate on the effects of the Act. |
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December 2, 2011 |
Guidance on Voluntary Use of Race to Achieve Diversity or Avoid Racial Isolation |
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Joint OCR/DOJ "Dear Colleague" Letter and guidance documents addressing the voluntary use of race to achieve diversity or avoid racial isolation in elementary and secondary schools, and the voluntary use of race to achieve diversity in postsecondary institutions. |
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June 30, 2011 |
New Data from the U.S. Department of Education 2009-10 Civil Rights Data Collection Show Continuing Disparities in Educational Opportunities and Resources |
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With this first installment of a two-part biennial survey, the U.S. Department of Education provides data that not only calls attention to disparities in education resources and opportunities, but also enables policymakers, educators and parents by giving them critical information to help in identifying inequities and closing the educational achievement gap. |
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May 6, 2011 |
“Both the United States Department of Justice and the United States Department of Education (Departments) write to remind you of the Federal obligation to provide equal educational opportunities to all children residing within your district and to offer our assistance in ensuring that you comply with the law.” |
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The above excerpt is from a joint Departments of Education and Justice “Dear Colleague” letter regarding schools’ enrollment procedures.
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April 4, 2011 |
Update as of 09/22/2017. The original guidance issued below has been withdrawn. |
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Through the release of a “Dear Colleague” letter, Vice President Biden and Secretary of Education Arne Duncan have introduced comprehensive guidance to help schools, colleges and university better understand their responsibility to prevent the problem of campus sexual assault.
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For news stories prior to January 31, 2011, please visit our additional News page.