**U.S. Department of Education**

Rod Paige

*Secretary*

**Office for Civil Rights**

James Manning

*Delegated the Authority of the Assistant Secretary*

December 2004

This publication is in the public domain. Authorization to reproduce it
in whole or in part is granted. The publication\'s citation should be:
U.S. Department of Education, Office for Civil Rights, *Annual Report to
Congress: Fiscal Year 2003*, Washington, D.C., 2004.

To order copies of this publication, write:

> ED Pubs
>
> Education Publications Center

U.S. Department of Education

> P.O. Box 1398
>
> Jessup, MD 20794-1398

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U.S. Department of Education

Office for Civil Rights

Annual Report

to Congress

#### **Fiscal Year 2003**

**December 2004**

Mission:

*Ensuring equal access to education and*

*promoting educational excellence*

*throughout the nation through*

*vigorous enforcement of civil rights.*

**CONTENTS**

[FOREWORD ii](#foreword)

[OVERVIEW OF OCR COMPLIANCE AND ENFORCEMENT PROGRAM
1](#overview-of-ocr-compliance-and-enforcement-program)

[Organizational Structure 3](#organizational-structure)

[Complaint Resolutions 3](#complaint-resolutions)

[Compliance Reviews and Other Proactive Initiatives
4](#compliance-reviews-and-other-proactive-initiatives)

[Monitoring 5](#monitoring)

[Technical Assistance 6](#technical-assistance)

[STRATEGIC PRIORITIES 9](#strategic-priorities)

[Putting Reading First 9](#putting-reading-first)

[Moving English Language Learners to English Proficiency
9](#moving-english-language-learners-to-english-proficiency)

[Promoting Informed Parental Choice and Innovative Programs
10](#promoting-informed-parental-choice-and-innovative-programs)

[Encouraging Safe Schools 11](#encouraging-safe-schools)

[Encouraging Accountability 12](#encouraging-accountability)

[New Statutory Responsibility 13](#new-statutory-responsibility)

[Secretary of Education's Commission on Opportunity in Athletics
13](#secretary-of-educations-commission-on-opportunity-in-athletics)

[*Brown v. Board of Education* 50^th^ Anniversary Commission
14](#brown-v.-board-of-education-50th-anniversary-commission)

[OTHER EFFORTS TO ENFORCE THE CIVIL RIGHTS LAWS
15](#other-efforts-to-enforce-the-civil-rights-laws)

[OCR Regulatory and Policy Guidance
15](#ocr-regulatory-and-policy-guidance)

[Race-Neutral Alternatives 15](#race-neutral-alternatives)

[Magnet Schools Assistance Program
16](#magnet-schools-assistance-program)

[Equal Opportunity in Vocational Education
16](#equal-opportunity-in-vocational-education)

[Higher Education Agreements 16](#higher-education-agreements)

[Examples of OCR Case Resolutions 17](#examples-of-ocr-case-resolutions)

[MEASURING OCR'S WORK 21](#measuring-ocrs-work)

[APPENDIX A: FY 2003 COMPLAINT RECEIPTS BY OCR ENFORCEMENT OFFICES
22](#appendix-a-fy-2003-complaint-receipts-by-ocr-enforcement-offices)

[APPENDIX B: OFFICES AND ADDRESSES
23](#appendix-b-offices-and-addresses)

# FOREWORD

This report covers the activities of the U.S. Department of Education's
Office for Civil Rights (OCR) from October 1, 2002, to September 30,
2003. In addition to describing OCR's civil rights compliance program,
the report demonstrates how OCR is able to make a real difference in the
lives of students.

As we submit this report, 2004 marks a special year in America's
longstanding efforts to bring about equal educational opportunity for
all people. It commemorates the 50^th^ anniversary of the landmark
*Brown v. Board of Education* decision that declared separate but equal
schools to be unconstitutional. *Brown* stands as one of the greatest
decisions handed down by the U.S. Supreme Court.

The No Child Left Behind Act (NCLB Act), the comprehensive reform of
federal elementary and secondary education programs that President
George W. Bush signed into law on January 8, 2002, may be viewed as
furthering the intent of the *Brown* decision. The goal of the NCLB Act
is to ensure that every child from every background receives a high
quality education and that every school in America is a place of high
expectations and high achievement.

The fair, effective and efficient enforcement of the civil rights laws
works to advance both equity and educational excellence. There is no
better way to honor this historic *Brown* anniversary than to stay
focused in our efforts to help all of our children have an equal chance
to succeed and reach their full potential. We will continue to build on
these accomplishments in bringing access to high quality education to
all students in our nation.

> Respectfully submitted,
>
> James Manning
>
> Delegated the Authority of
>
> Assistant Secretary for Civil Rights

# OVERVIEW OF OCR COMPLIANCE AND ENFORCEMENT PROGRAM 

The Office for Civil Rights (OCR) in the U.S. Department of Education
(ED) is responsible for enforcing five federal civil rights laws that
prohibit discrimination on the basis of race, color, national origin,
sex, disability and age by recipients of federal financial assistance. 
These laws are:

-   Title VI of the Civil Rights Act of 1964 (prohibiting discrimination
    based on race, color and national origin);

-   Title IX of the Education Amendments of 1972 (prohibiting sex
    discrimination);

-   Section 504 of the Rehabilitation Act of 1973 (prohibiting
    disability discrimination);

-   The Age Discrimination Act of 1975 (prohibiting age discrimination);
    and

-   Title II of the Americans with Disabilities Act of 1990 (prohibiting
    disability discrimination by public entities, e.g., public
    elementary and secondary school systems, postsecondary schools, and
    vocational education programs, whether or not they receive federal
    financial assistance).

In addition, OCR enforces the Boy Scouts of America Equal Access Act. 
Under the Act, no public elementary school, public secondary school, or
state or local education agency that provides an opportunity for one or
more outside youth or community groups to meet on school premises or in
school facilities shall deny equal access or a fair opportunity to meet,
or discriminate against, any group officially affiliated with the Boy
Scouts of America or any other youth group listed as a patriotic society
in Title 36 of the United States Code.

These civil rights laws represent a national commitment to end
discrimination in education programs.  Since most educational
institutions receive some type of federal financial assistance, these
laws apply throughout the nation. 

Coverage of these civil rights laws extends to:

-   14,859 school districts; [^1]

-   4,197 colleges and universities; [^2]

-   5,059 institutions conferring certificates below the associate
    degree level, such as training schools for truck drivers and
    cosmetologists;[^3] and

-   thousands of other entities, such as libraries, museums, and
    vocational rehabilitation agencies.

Consequently, these civil rights laws protect millions of students
attending or seeking to attend our educational institutions. In certain
situations, the laws also protect persons who are employed or seeking
employment at educational institutions. Overall, these laws protect:

-   nearly 54.3 million students attending elementary and secondary
    schools;[^4] and

-   nearly 16.4 million students attending colleges and
    universities.[^5]

Enforcing these laws is critical to carrying out the mission of the U.S.
Department of Education --- ensuring equal access to education and
promoting educational excellence throughout the nation.

In FY 2003, OCR\'s budget was \$85,715,000, with full time equivalent
(FTE) staff of 672.  See Figure 1 on historical funding and FTE.

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| FY | Pres     | Con        | FTE | Co   |        | Compl |        |
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| 03 | ,710,000 | 85,715,000 |     | ,141 |        |       |        |
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| 02 | ,934,000 | 79,666,000 |     | ,019 |        |       |        |
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| 20 | \$76     | \$         | 696 | 4    | 4,777  | 21    | 43     |
| 01 | ,000,000 | 75,822,000 |     | ,571 |        |       |        |
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| 20 | \$73     | \$         | 712 | 4    | 6,364  | 47    | 71     |
| 00 | ,262,000 | 71,200,000 |     | ,897 |        |       |        |
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##### 

##### Organizational Structure

OCR is composed of a headquarters office, located in Washington, D.C.,
which provides overall leadership, policy development and coordination
of enforcement activities, and 12 enforcement offices around the
nation.  The majority of OCR\'s staff are assigned to the enforcement
offices, which are located in Boston, New York, Philadelphia (Eastern
Division), Washington, D.C., Atlanta, Dallas (Southern Division),
Cleveland, Chicago, Kansas City (Midwestern Division), Denver, San
Francisco, and Seattle (Western Division).  

##### Complaint Resolutions

One important way OCR carries out its responsibilities is by resolving
complaints.  Persons who believe there has been a violation of the civil
rights laws enforced by OCR may file complaints with the appropriate
enforcement office. OCR's process provides a forum for resolution of
complaints of discrimination alleging violations of the civil rights
laws.

OCR\'s primary objective is to resolve the complainant\'s allegations of
discrimination promptly, fairly and appropriately.  In FY 2003, OCR
received 5,141 complaints (an increase of 2.4 percent from FY 2002
receipts) and resolved 5,246, some of which had been filed in previous
years.  Figure 2 shows the percentage of complaint receipts by
jurisdiction.

Historically, the majority of complaints OCR receives in a fiscal year
allege discrimination on the basis of disability. This was the case
again in FY 2003, when 52 percent of the complaints OCR received alleged
discrimination on the basis of disability. In a report released in
February 2003, the National Council on Disability (NCD) recognized and
commended ED's Office for Civil Rights for its timeliness in processing
Section 504 complaints. NCD also praised OCR as the only federal agency
with detailed data available to the general public about its work on
disability complaints.[^6]

OCR uses a variety of techniques to resolve complaints, ranging from
facilitating voluntary resolutions between parties to negotiating
agreements with recipients for voluntary compliance after compliance
concerns have been established.  If these methods fail, OCR issues
violation letters and enters into negotiations to correct those
violations.  It is only after OCR has advised recipients of their
failure to comply with the civil rights laws and has determined that
compliance cannot be secured by voluntary means that, as a last resort,
OCR seeks compliance through the administrative hearing process or
refers cases to the U.S. Department of Justice.  This approach allows
OCR to:

-   provide timely and effective intervention at the beginning of the
    complaint process;

-   focus on achieving positive change; and

-   keep students, parents and school officials central to the
    resolution of complaints.

  -----------------------------------------------------------------------
  **OCR Complaint Receipts by Jurisdiction**

  ![](media/image1.wmf)

  **Figure 2**
  -----------------------------------------------------------------------

Appendix A shows FY 2003 complaint receipts by OCR enforcement offices
and Appendix B lists the contact information for each enforcement
office.

##### Compliance Reviews and Other Proactive Initiatives

In addition to resolving complaints, OCR initiates compliance reviews
and takes other proactive steps to focus on specific compliance problems
that are particularly acute or national in scope. In general, targeted
compliance reviews and proactive initiatives maximize the impact of
OCR\'s resources and complement the complaint resolution process. 
Experience indicates that these strategic activities benefit large
numbers of students through policy or program changes by recipients that
are designed to ensure compliance with the civil rights laws.

OCR initiated 74 compliance reviews in FY 2003 and brought 14 reviews to
successful resolution, some of which had been started in previous
years.  Compliance review sites are selected based on various sources of
information, including survey data and information provided by parents,
education groups, media, community organizations and the public.  In
FY 2003, OCR conducted compliance reviews on the following issues:

-   ensuring that minority and English language learner students are not
    inappropriately placed in special education programs; and

-   ensuring that state agencies have designated Title IX coordinators,
    developed and disseminated antidiscrimination procedures, and
    implemented grievance procedures.

##### Monitoring

OCR monitors complaint and compliance review resolution agreements to
ensure that the commitments made in these agreements are carried out and
to maximize OCR's effectiveness in enforcing the civil rights laws.
During FY 2003, OCR conducted 2,427 monitoring activities.

Following are some examples that show OCR's impact on both individual
students and groups of students when schools and colleges carried out
their resolution agreement commitments.

-   Parents with limited English proficiency were excluded from
    participating in school board meetings because translation services
    were not available. Parents now receive the school board agenda in
    their primary language and can request translation services at board
    meetings, as well as in meetings with district and school staff.

-   Nearly 3,600 students with learning disabilities were excluded by a
    school district's policy that made only students with certain other
    disabilities eligible for extended school year services. The school
    district now makes decisions on extended school year services based
    on the individual needs of students and not on the category of
    disability.

-   A student-run university assault prevention transportation program
    excluded men from riding on or acting as volunteer drivers. The
    university modified the program so that it is now available to the
    campus community without regard to gender.

-   A school district used a lottery system that gave preference on the
    basis of race to certain students for its optional programs. The
    district eliminated race as a selection criterion and all students
    now have an equal opportunity for selection.

-   An elementary school developed new ways to meet the needs of its
    English language learners. As a result, students in grades 3-5 who
    were former English language learner students performed better than
    students whose primary home language is English on the state's
    competency examination.

-   A school district agreed to conduct a comprehensive evaluation of
    the athletic interests and abilities of its students. As a result, a
    girls' water polo team was added at all five of the high schools. In
    its inaugural season, 85 girls competed and one of the teams
    qualified for the state championship tournament.

-   A university put procedures in place to help disabled students
    obtain necessary accommodations in housing. Students can now request
    and receive accommodations that ensure safe living arrangements.

-   A school district had only two trained teachers for delivering
    services to English language learners, whose enrollment was
    increasing at a substantial rate. To comply with a resolution
    agreement it had entered into with OCR, the district developed a
    teacher training program with a local university. This resulted in
    the certification of 848 teachers for its English as a Second
    Language program.

-   A school system failed to enter a student's achievement test scores
    into its computer system because he was given extended time to
    accommodate a disability. After validating modifications for each of
    its standardized tests, the district developed procedures for
    recording, maintaining and providing access to scores of all
    students who take standardized achievement tests.

-   Mobility-impaired persons now have access to a school district's
    athletic facilities. Accessible parking, seating, restrooms, water
    fountains, concession stands and public telephones are available at
    the gymnasiums, football stadium and baseball field.

-   A school district reviewed the placement of African American and
    Hispanic students with learning disabilities to determine whether
    the students were appropriately assigned. As a result, 94 students
    were reassigned to a less restrictive environment.

-   A school district ended its practice of using race as a factor in
    approving transfer requests under its inter-district open enrollment
    program. As a result of its agreement, 32 students whose transfer
    requests were previously denied because of race were permitted to
    transfer to a neighboring school district.

##### Technical Assistance 

Putting an end to discrimination includes preventing it before it
starts.  To do this, OCR provides information and other support
services---known as technical assistance---to a variety of interested
parties, including schools and colleges and community, student and
parent groups.  Assistance to educational institutions helps them comply
with federal civil rights requirements, while assistance to parents,
students and others informs them of their rights under law.  OCR
provides technical assistance through a variety of methods, including
onsite consultations, conferences, training, community meetings and
publishing and disseminating materials.

OCR coordinated and/or participated in a number of conferences during FY
2003.

In collaboration with the Department of Education's Office of Elementary
and Secondary Education, OCR hosted a conference on American Indian and
Alaskan Native education, *No Child Left Behind: Providing Educational
Opportunity for American Indian and Alaskan Native Students,* in
Washington, DC. The conference, which was attended by more than 200
educators, included presentations on reading, English language
acquisition, standards, assessment and accountability, safe schools,
school choice, charter schools, and technology. Information was provided
to attendees on No Child Left Behind programs and resources that support
state and district-level efforts to raise the academic achievement of
American Indian and Alaskan Native students.

OCR hosted a number of follow-up events around the country.
Approximately 230 people attended a Regional American Indian Symposium
sponsored by OCR, in cooperation with Northern Arizona University and
the WestEd Equity Assistance Center. More than 250 people attended a
second Regional American Indian Symposium, cosponsored by OCR, Montana
State University and the Interwest Equity Assistance Center. The
symposia included sessions on reading readiness, teacher quality, highly
qualified paraprofessionals, school choice, parental involvement, state
civil rights laws and OCR enforcement procedures and were attended by
representatives from the states' university systems, public schools,
tribal governments, tribal schools, Bureau of Indian Affairs schools,
the White House Indian Initiative on Tribal Colleges and Universities,
and parents of Indian students. OCR staff also sponsored a workshop in
Minnesota for school districts and tribal leaders serving Native
American students in Minnesota and Wisconsin to address best practices
in Indian student education and efforts to improve the educational
achievement of Native American students.

OCR staff conducted a number of presentations around the country
addressing a variety of other issues, including: access and transition
from high school to college for students with disabilities; racial,
sexual, disability and national origin harassment; provision of services
to English language learners; minority student access to gifted and
talented programs and services; and misidentification of minorities in
special education programs. Participants at these presentations included
students, parents, teachers, school administrators, counselors, social
workers, school board members, state education officials, and advocacy
group representatives.

For example, more than 200 educators attended a conference in North
Dakota at which OCR made a presentation on racial harassment and
services for English language learners. In another instance, OCR
provided technical assistance on harassment based on national origin to
over 300 refugees and refugee service providers.

Twice a year, OCR staff provides training to state coordinators of
vocational education methods of administration. These state coordinators
are responsible for conducting their own comprehensive civil rights
compliance reviews of vocational education programs and schools funded
by ED.

OCR also provides technical assistance to state departments of education
and local school districts on reducing referrals to special education by
implementing research-based reading programs. 

In addition to these kinds of proactive initiatives, OCR responds to
inquiries and requests from the public.  Calls and letters requesting
assistance come from other federal agencies, state agencies, local
school districts, community groups, parents and students.  

# STRATEGIC PRIORITIES

The Office for Civil Rights has aligned its resources to ensure
accomplishment of the goals and objectives of the No Child Left Behind
Act and the Department's Strategic Plan. Following is a discussion and
examples of OCR's activities in support of the No Child Left Behind Act,
the Strategic Plan, and other high priority activities.

##### Putting Reading First

One of the goals set by No Child Left Behind is that all children will
read on grade level by the third grade. The Department has determined
that, to reach this goal, reading instruction must be based on sound
scientific research. Research has established a link between ineffective
reading instruction and unusually high numbers of referrals for special
education. Survey data have long shown that minority students in
particular may be mislabeled in certain special education categories.
Students inappropriately placed in special education often do not
receive the same curriculum content as regular education students and
may face barriers in their later efforts to obtain a regular high school
diploma, pursue postsecondary education, and prepare for employment.

Therefore, OCR emphasizes the importance of implementing high quality
research-based reading programs to reduce the number of students who are
misidentified and inappropriately placed in special education. Through
its investigative outreach and technical assistance activities, OCR
helps ensure that all children have equal access to high quality
education.

In April 2003, OCR launched nationwide compliance reviews in 37 school
districts around the country on the issue of the misidentification of
minority students in special education. The reviews focus on school
districts' possible misidentification of minority students and language
minority students as disabled and their placement in special education
programs. Where OCR identifies civil rights violations, it will work
with districts to determine whether existing reading programs are
effective or are contributing to the inappropriate referral of
minorities. As necessary, OCR provides technical assistance to school
districts in identifying effective, research-based reading programs.

##### Moving English Language Learners to English Proficiency

One of the key strategies in No Child Left Behind is to ensure that
English language learner (ELL) students meet rigorous standards. The OCR
enforcement offices are working with districts to help them develop
evaluation plans to ensure that language acquisition programs are
research-based and that ELL students are meeting performance standards.
OCR monitors implementation of resolution agreements to ensure that
districts conduct effective program evaluations and measure the progress
of ELL students.

As a part of its April 2003 nationwide compliance initiative on
misidentification of minorities in special education, OCR also focused
on ensuring that national origin minority students are not referred for
evaluation or placed in special education programs on the basis of their
limited English proficiency. Special education programs are essential to
ensure that language minority students with disabilities receive an
appropriate educational experience. However, studies have documented
discrepancies in the levels of referral and placement of ELL students in
special education. Where violations of the law are found, OCR will work
with districts to develop resolution agreements, including a technical
assistance component that emphasizes reaching out to parents of language
minority students so that they are better able to make sound educational
choices concerning their children's schooling.

##### Promoting Informed Parental Choice and Innovative Programs

## Single Sex Education

The No Child Left Behind Act authorizes local educational agencies to
use Innovative Assistance Programs funds provided by the Act to support
same-sex schools and classrooms, consistent with applicable law. The Act
also requires the Department to issue guidelines on single-sex classes
and schools. OCR implemented this Congressional mandate by issuing
guidelines for school districts that describe and explain which types of
single-sex instruction are permissible under current regulatory
requirements.

OCR also issued a Notice of Intent to Regulate (NOIR) to explore the
feasibility of providing additional flexibility to the Title IX
implementing regulations so that educators may establish single-sex
classes and schools at the elementary and secondary levels, while
ensuring that recipients do not discriminate on the basis of sex. After
reviewing and assessing all of the approximately 170 public comments on
the NOIR received, OCR drafted proposed amendments to the Title IX
regulations to permit more flexibility for single-sex schools and
classes. During FY 2004, OCR published the proposed amendments in the
[Federal]{.underline} [Register]{.underline} for public comment.

## New Freedom Initiative

OCR is undertaking a number of activities to help students with
disabilities make the transition from high school to college. As part of
an ongoing effort to support students with disabilities, OCR made
multiple presentations to such groups as state departments of education,
a consortium on higher education, staffs of individual schools, and
special education students. Materials such as a pamphlet on transition
of students to postsecondary education and a Frequently Asked Questions
document were widely disseminated.

## Information for Parents and Recipients

OCR assisted the National Diabetes Education Program (NDEP) in preparing
a comprehensive guide for management of diabetes at school. NDEP is a
federally sponsored partnership of the National Institutes of Health,
Centers for Disease Control and Prevention, and more than 200 partner
organizations. *Helping the Student with Diabetes Succeed: A Guide for
School Personnel* provides information about diabetes, how it is
managed, and how each member of the school staff can help meet the needs
of students with the disease.

OCR uses technology to deliver timely, accessible information to
parents, students, teachers, and education decision makers through its
interactive, Web-based, contact information system to improve access to
OCR information appropriate to customer needs (http://www.ed.gov/ocr).
Consistent with the Freedom of Information Act (FOIA), the Department of
Education has made certain types of records, created on or after
November 1, 1996, available electronically on the Internet. During FY
2003, OCR updated its electronic E-FOIA reading room, where recipients
and the public can access OCR regulations and [Federal]{.underline}
[Register]{.underline} documents. Additional policy documents will be
posted in FY 2004. The documents will be available in both printed and
electronic format.

OCR's Elementary and Secondary Schools Survey (E&S Survey) is being
merged with the Department's Educational Data Exchange Network (EDEN), a
central database that will be the main repository of information for No
Child Left Behind Act data. Because the E&S Survey is merging with EDEN,
OCR will no longer conduct its data collection survey. Civil rights data
will be collected through EDEN's Supplemental Survey Tool Civil Rights
Data Collection. OCR contributed its FY 2003 survey funding to develop
EDEN's supplemental survey tool and pilot the tool's capability. OCR's
contribution to EDEN will expedite the Department's development of an
integrated data collection system that can capture essential NCLB data,
as well as important civil rights data.

##### Encouraging Safe Schools

Harassment could deny a student the right to an education free of
discrimination and could threaten a student's physical or emotional
well-being, influence how well a student does in school and make it
difficult for a student to achieve his or her career goals. Also, the
courts have made it clear that, where harassment is so severe,
pervasive, and objectively offensive that it interferes with benefits
protected by law, it creates an illegal "hostile environment."

## 

## Racial Harassment

After investigating a complaint, OCR found that an African American
student was subjected to disparaging comments and physical threats
because of his race. The student's parents removed him from the school
district because it failed to take appropriate action to end the
harassment. The district agreed to reimburse the family \$3,000 for
expenses in transporting the student to and from his new school district
and will cover the cost of psychological counseling.

## Disability Harassment

OCR found that a student with cerebral palsy was continually teased, hit
and called names by other students and that school officials did not
take sufficient steps to end the harassment. The school district agreed
to publish and implement effective disability harassment procedures,
train all staff on the procedures and maintain a recordkeeping system.

## Preventing Harassment

OCR participated in several state initiatives aimed at preventing hate
crime, harassment and bullying. Following the events of September 11,
2001, OCR responded to numerous requests for technical assistance to
prevent harassment of students, teachers or other persons perceived to
be Arab Americans or of Middle Eastern or South Asian origin.

##### Encouraging Accountability

## Case Management System

In order to become a high performance, customer-focused organization,
during FY 2003 OCR began implementation of its new Case Management
System (CMS). The CMS is an automated tool for tracking OCR's complaint
and compliance review investigations and such proactive activities as
significant technical assistance. The CMS is a primary data source for
measuring progress in achieving objectives under OCR's Annual Program
Plan. It reduces reliance on paper complaint files for documenting OCR's
law enforcement case resolution activities and provides users the
ability to perform a variety of functions involving particular cases,
such as indexing of party and witness interviews and evidentiary
documents.

## One-ED

Pursuant to the President's Management Agenda initiatives concerning
competitive sourcing, human capital, and restructuring and the
Department's One-ED process, which is designed to implement these
initiatives, OCR formed a One-ED Team to analyze its primary business
process---the case resolution process. The Departmental process provides
an integrated, five-year human capital, strategic sourcing, and
restructuring plan that builds on the Department's *Culture of
Accountability* Report and echoes the Strategic Plan themes by focusing
on "No Employee Left Behind" and providing employee learning and
achievement opportunities.

OCR produced a business case analysis of its process and conducted a
presentation for the Department's Executive Management Team (EMT) that
considered the relative benefits of maintaining the status quo,
reengineering the case resolution process, and subjecting the process to
competitive sourcing. OCR recommended reengineering. The EMT issued a
decision adopting OCR's recommendation. The business process
reengineering strategies, when implemented, will result in a case
resolution process that provides consistent high performance, quality
customer service, and enhanced efficiency.

##### New Statutory Responsibility

The Boy Scouts of America Equal Access Act, part of the No Child Left
Behind Act, addresses equal access to public school facilities for the
Boy Scouts and other specified patriotic youth groups. In November 2002,
OCR issued an Advance Notice of Proposed Rulemaking inviting comments
from the public on issues to be considered in developing proposed
regulations. After reviewing the comments, OCR began drafting a Notice
of Proposed Rulemaking, which was published during FY 2004. OCR received
six complaints alleging violations of the Act and four complaints were
resolved during FY 2003.

##### Secretary of Education's Commission on Opportunity in Athletics

The Assistant Secretary for Civil Rights served as an *ex officio*
member of the Secretary of Education's Commission on Opportunity in
Athletics, composed of representatives of athletes, educators, coaches
and other interested parties. The Commission was charged with examining
the enforcement of Title IX and making recommendations to increase
athletic opportunities for all students. The Commission held town hall
meetings across the country, receiving testimony from over 50 expert
witnesses and 150 members of the public. On February 26, 2003, the
Commission presented its final report to Secretary Paige. The report is
entitled "Open to All: Title IX at 30," and contains a number of factual
findings and recommendations for improving and strengthening the
enforcement of Title IX.

With the Commission's report in mind, in July 2003, OCR mailed "Dear
Colleague" letters to education leaders at 6,600 postsecondary education
institutions. The letter reaffirms the flexibility given to educational
institutions in ensuring their athletics programs are operated free from
discrimination on the basis of sex. The document also clarifies that
nothing in the Title IX statute requires the cutting or reduction of
teams in order to demonstrate compliance with Title IX and that the
elimination of teams is a disfavored practice.

##### *Brown v. Board of Education* 50^th^ Anniversary Commission

President Bush signed legislation on September 18, 2001, establishing a
Commission to encourage and coordinate activities to commemorate the
50^th^ anniversary of the U.S. Supreme Court's landmark 1954 decision in
*Brown v. Board of Education* declaring racially segregated schools
unconstitutional. The Commission has been disseminating information
about the *Brown* decision through lectures, town hall meetings, writing
contests, and public service announcements. OCR is responsible for
organizing and managing the Commission. Among other events, the
Commission met in Washington, D.C., in May 2003 where the centerpiece
was a panel discussion in which some of the original plaintiffs
discussed their experiences during and after the litigation.

# OTHER EFFORTS TO ENFORCE THE CIVIL RIGHTS LAWS

##### OCR Regulatory and Policy Guidance

OCR strives to communicate clearly how the civil rights laws apply in
particular situations to help people understand their rights and
education institutions understand their obligations. Clearly articulated
standards enable OCR staff to make consistent compliance determinations
that are legally supportable and based on a fair and thorough analysis
of information.

A July 28, 2003, Dear Colleague Letter was issued to postsecondary
institutions regarding the application of the civil rights laws and
First Amendment issues. It confirms that OCR's regulations and policies
do not require or prescribe speech, conduct or harassment codes that
impair the exercise of rights protected under the First Amendment.

##### Race-Neutral Alternatives

In FY 2003, OCR began an initiative to provide technical assistance and
public education regarding race-neutral approaches to achieving student
body diversity. In order to enable students to exchange ideas with a
wide variety of people from diverse geographic regions, socioeconomic
backgrounds, cultural heritages and points of view, numerous educational
institutions are grappling with ways to ensure that their student body
comes from a wide variety of backgrounds. In the 2003 University of
Michigan decisions, the U.S. Supreme Court held that institutions must
undertake "serious good faith consideration of workable race-neutral
alternatives" prior to adopting racial preferences.

The goal of OCR's initiative is to foster thinking about using
race-neutral means to produce diversity in educational institutions and
to help create a positive climate in which such race-neutral
alternatives can be considered. OCR prepared a 40-page report entitled,
"Race-Neutral Alternatives in Postsecondary Education: Innovative
Approaches to Diversity," which was published by the Department on March
29, 2003. The Report catalogs many of the race-neutral approaches that
states are implementing around the country. For example, many
educational institutions are providing preferences on the basis of
socioeconomic status. Colleges and universities are expanding their
recruitment and outreach efforts by targeting students from schools that
traditionally have not been "feeder schools" for those institutions.
More importantly, states are also promoting advanced placement courses
and skill development programs designed to improve educational
achievement among students who attend traditionally low performing
schools.

OCR also hosted a national conference in Miami, Florida, in April 2003
to present the concepts described in the Report to leading members of
the postsecondary education community. Building on the Michigan
decisions, OCR has more recently published an additional report that
describes race-neutral programs being implemented across the country.
The report, which is entitled "Achieving Diversity: Race-Neutral
Alternatives In American Education," revises and expands the first
edition and includes information on various race-neutral approaches used
in K-12 schools, public and private colleges, and graduate and
professional schools. Both reports are available at
http://www.ed.gov/ocr. Additional reports, disseminating information
regarding various aspects of this issue, will be issued in FY 2005 and
FY 2006.

##### Magnet Schools Assistance Program

The Magnet Schools Assistance program (MSAP), administered by the
Department's Office of Innovation and Improvement, provides financial
assistance to school districts that are seeking to improve educational
programs and to reduce, prevent or eliminate minority group isolation.
The program provides three-year grants for the enhancement or
establishment of magnet schools. The Assistant Secretary for Civil
Rights reviews applicants' voluntary desegregation plans to determine if
they are "adequate under Title VI." Additionally, the Assistant
Secretary is required to certify the civil rights eligibility of
applicants for MSAP funds and to annually review school district
grantees' progress in meeting their desegregation goals. During FY 2003,
OCR reviewed the annual reports of the 62 districts receiving MSAP
assistance. As necessary, OCR also provided technical assistance to
several MSAP recipients in complying with civil rights statutes as well
as program goals.

##### Equal Opportunity in Vocational Education

Under OCR\'s *Vocational Education Programs Guidelines,* state
vocational education agencies are responsible for conducting civil
rights reviews and other compliance activities with their sub-recipient
schools and programs and reporting to OCR about these activities.  State
vocational education agency reports are submitted biennially to OCR,
which provides recommendations for improving student access to
vocational programs on the basis of race, national origin, sex or
disability.  OCR responded to the state agency reports by providing
suggestions for enhancing the effectiveness of the agencies\' compliance
and enforcement activities.

OCR, in conjunction with state agencies, presented training conferences
for state agency civil rights staff.  These conferences provided
in-depth training on the procedures and techniques state agencies should
use in conducting their civil rights compliance reviews and reporting to
OCR.  Training also was provided about program requirements and
investigating techniques applicable to a variety of complex civil rights
issues.  Participants later reported that the workshops provided
valuable tools and information, as well as contacts, to enhance the
effectiveness of their civil rights compliance and enforcement programs.

##### Higher Education Agreements

During FY 2003, OCR continued to monitor the implementation of its
higher education agreements with six states. Florida, Texas, Kentucky,
Pennsylvania, Maryland and Virginia were among nineteen states that
previously operated racially segregated higher education systems. In
*United States v. Fordice*, the U.S. Supreme Court set out standards for
determining whether such states have met their affirmative duty to
dismantle those systems and their vestiges under the Fourteenth
Amendment to the U.S. Constitution and Title VI.

In Virginia, several new academic programs were staffed and are now
operational at Virginia State University and Norfolk State, the state's
historically black institutions. Also, funds were designated for the
improvement of their facilities. Pennsylvania, Texas and Maryland also
made progress in the enhancement of the facilities of their historically
black institutions. For example, Prairie View A&M and Texas Southern
received \$25 million in state line item appropriations, which were used
for constructing new facilities, improving technology, and adding high
demand academic programs, including graduate programs in Electrical
Engineering and Urban Planning and Environmental Policy. Another
accomplishment was the accreditation of Texas Southern University's
teacher preparation programs.

##### Examples of OCR Case Resolutions

### 

### OCR's enforcement program is having a profound influence on the lives of people, at all education levels, across the country. Below are some examples.

### 

## Admitting Students Without Regard to Sex

A male applicant alleged that he was denied admission to a college
nursing program because of his sex. OCR mediated a resolution and the
college admitted him to its nursing program.

## Extending Intercollegiate Athletic Opportunities to Older Students

A 31-year old student was denied an opportunity to try out for the
university football team because of his age. The university resolved the
complaint by offering him a tryout, using the same selection criteria
applied to other students.

## Making School Programs Accessible to Students with Disabilities

A school district conducted an annual field trip to an inaccessible
theater. Mobility-impaired students were carried from the bus to the
second floor of the theater to see the performance and placed in seats
or fold-up strollers. Because the theater is a National Historic
landmark, structural changes could not be made to provide physical
access to the second floor. However, as a result of an on-site
investigation, OCR determined there was an accessible first floor dinner
theater nearby and management was willing to relocate performances
there. The district agreed to this arrangement and students can now be
taken in their wheelchairs to the accessible theater location.

## Eliminating Shortened School Day for Students with Disabilities

Special education students were routinely dismissed earlier than other
students in one school district. This resulted in a shorter school week
of up to two hours for some disabled students. The district agreed to
stop this practice unless early release time is specified in a student's
individualized education program.

## Providing Auxiliary Aids for Students with Disabilities

A hearing-impaired student alleged that a university denied her the
service of note takers and dismissed her after she failed several
courses. The university resolved the complaint by reinstating the
student and providing free tuition for six credit hours. The university
assured that note takers would be provided for all her future classes.

At another university, OCR found that interpreters were routinely 25-35
minutes late for their assigned classes. One student was dropped from
class because the interpreter was not present during roll call. Under
the resolution agreement, students who use interpreter services will be
asked to provide feedback that will determine whether interpreters are
retained.

## Assigning Students Without Regard to Race

OCR investigated a complaint by a parent that an elementary school has
been reassigning students on the basis of their race for several years.
The parent also alleged that his son, who is African American, was
reassigned from a kindergarten class with White students and a White
teacher to an all minority class with a minority teacher. OCR's
investigation established that the school was not following its own
nondiscriminatory assignment policy, which led to racially segregated
classrooms. The district is now assigning students without regard to
race.

OCR resolved another complaint, which alleged that a school district's
open enrollment process resulted in discrimination against White
students and non-African American minority students. OCR found that the
district divided applications for each school into "black" and
"non-black" and then selected by lottery three applicants from the pool
of black applicants for every two non-black applicants selected. To
resolve this matter, the district assured OCR that the dual lottery
system would no longer be employed to select students for assignment and
that race would no longer be a factor in the allocation of available
open enrollment slots.

## Making Academic Adjustments for Students with Disabilities

A law school student with a disability alleged that the school denied a
request for academic adjustments, which resulted in her academic
dismissal. The law school resolved the complaint by permitting the
student to retake an examination with the necessary academic
adjustments. If the student passes the examination, the law school will
readmit the student.

OCR received another complaint alleging a state board of regents denied
accommodations for its General Educational Development test for a
student with disabilities. The state board resolved the complaint by
allowing the student extended time and the use of a calculator.

## Delivering Services in Correctional Facilities

A state agency entered into a resolution agreement after OCR completed a
compliance review of services for English language learners at 12
correctional facilities for youthful offenders. The review found a
number of violations in identifying and providing instructional programs
to English language learners and the lack of qualified personnel to
deliver services. As a result of the agreement, the state legislature
appropriated \$1.2 million for curricular materials and teacher training
for the 2003-04 school year.

## Providing Transportation Services for Students with Disabilities

One of OCR's enforcement offices received a complaint from a parent
alleging that a school district was not providing her daughter, who has
a disability, with transportation services from an after-school program
as required in her individualized education program (IEP). After being
contacted by OCR, the district agreed to provide transportation from
after-school activities in accordance with the student's IEP. The
district also agreed to reimburse the parent for the expenses she had
incurred while transporting her daughter from after-school activities.

## Upgrading Facilities for Female Athletes

A complaint alleged that the quality of interscholastic practice and
competitive facilities provided to female athletes in a school district
was inferior to facilities provided to male athletes. The district
developed a detailed plan of improvement and a specific timeline to
complete modifications to practice and competitive facilities so that
female athletes are afforded comparable facilities.

## Providing Educational Support Services for Students with Disabilities

The parent of a high school student contacted OCR about her son not
being provided with the instructional support services that were
outlined in his IEP. OCR determined that some teachers were not fully
aware of the services that the student was supposed to be receiving and
did not know how to raise that issue with school administrators. The
school district entered into an agreement, which included training
teachers on the importance of fully implementing a disabled student's
IEP and on the process to follow if they believe that IEP services are
not being provided or if they believe that additional or different
services are needed.

## Ensuring Opportunity for Students with Disabilities to Participate in School Graduation

A high school student with a psychological disorder was denied the
opportunity to walk with his graduating class during the commencement
exercise. The district felt the student constituted a threat to himself
and others. In investigating the complaint, OCR found that the decision
was made unilaterally by a school administrator without input from the
student's IEP team and based on assessments from the previous school
year. The district agreed that in the future it would make such
decisions based on the determination of an IEP team and on current and
complete evaluation information.

## Making Libraries Accessible to the Community

A complaint was received alleging that a city library was not accessible
to persons with mobility impairments. The complaint was investigated
under Title II and, after OCR pointed out several concerns, the library
identified a way to make its programs and services accessible.

# MEASURING OCR'S WORK

OCR\'s current performance indicators measure timeliness of case
processing and program outputs, such as percentages of OCR-directed
technical assistance and resource materials for recipients and parents.
These indicators address only a portion of OCR's enforcement activities,
and we are collecting data and working to develop additional indicators
to reflect more fully the work that we do.

OMB and Congress have each recognized our indicator on case
processing---that 80 percent of our complaints are to be resolved within
180 days---as a very useful measure of the efficiency and effectiveness
of our complaint resolution process.  Timeliness is critical to students
and parents in the resolution of civil rights issues and is an indicator
of positive case outcomes. In FY 2003, OCR resolved 91 percent of its
complaints within 180 days, as compared to FY 2002 when 89 percent were
resolved within the 180-day timeframe; this is one of the highest annual
complaint resolution rates since OCR began tracking this data in the
1970s.

To measure progress in achieving objectives in OCR's Annual Program
Plan, the new Case Management System (CMS) collects available outcome
information once case monitoring is complete. Implementation of the CMS
began in 2003.  Once the system is well populated, we will be in a
position to develop other measures of OCR's effectiveness in addition to
those measures of timeliness of case processing and provision of
technical assistance already in place. The CMS is expected to be fully
operational by the end of FY 2004.

# APPENDIX A: FY 2003 COMPLAINT RECEIPTS BY OCR ENFORCEMENT OFFICES

+----------------+------+------+------+------+------+------+------+
| **FY 2003      |      |      |      |      |      |      |      |
| Complaint      |      |      |      |      |      |      |      |
| Receipts**     |      |      |      |      |      |      |      |
|                |      |      |      |      |      |      |      |
| **by OCR       |      |      |      |      |      |      |      |
| Enforcement    |      |      |      |      |      |      |      |
| Offices**      |      |      |      |      |      |      |      |
+----------------+------+------+------+------+------+------+------+
|                |      |      |      |      |      |      |      |
+----------------+------+------+------+------+------+------+------+
|                | ***  | *    | ***D | *    | **   | ***  | ***  |
|                | Race | **Se | isab | **Ag | *Mul | Othe | Tota |
|                | /*** | x*** | ilit | e*** | tipl | r*** | l*** |
|                |      |      | y*** |      | e*** |      |      |
|                | ***  |      |      |      |      |      |      |
|                | Nati |      |      |      |      |      |      |
|                | onal |      |      |      |      |      |      |
|                | O    |      |      |      |      |      |      |
|                | rigi |      |      |      |      |      |      |
|                | n*** |      |      |      |      |      |      |
+----------------+------+------+------+------+------+------+------+
| Boston         | 39   | 21   | 185  | 6    | 27   | 13   | 291  |
+----------------+------+------+------+------+------+------+------+
| New York       | 59   | 22   | 203  | 6    | 41   | 39   | 370  |
+----------------+------+------+------+------+------+------+------+
| Philadelphia   | 57   | 31   | 232  | 9    | 42   | 48   | 419  |
+----------------+------+------+------+------+------+------+------+
| District of    | 39   | 23   | 123  | 2    | 28   | 18   | 233  |
| Columbia       |      |      |      |      |      |      |      |
+----------------+------+------+------+------+------+------+------+
| Atlanta        | 160  | 36   | 399  | 2    | 59   | 84   | 740  |
+----------------+------+------+------+------+------+------+------+
| Dallas         | 128  | 48   | 306  | 10   | 108  | 67   | 667  |
+----------------+------+------+------+------+------+------+------+
| Chicago        | 119  | 25   | 183  | 14   | 63   | 20   | 424  |
+----------------+------+------+------+------+------+------+------+
| Cleveland      | 45   | 41   | 160  | 6    | 27   | 24   | 303  |
+----------------+------+------+------+------+------+------+------+
| Kansas City    | 60   | 18   | 160  | 4    | 50   | 23   | 315  |
+----------------+------+------+------+------+------+------+------+
| Denver         | 82   | 19   | 188  | 5    | 34   | 63   | 391  |
+----------------+------+------+------+------+------+------+------+
| San Francisco  | 133  | 32   | 351  | 3    | 99   | 66   | 684  |
+----------------+------+------+------+------+------+------+------+
| Seattle        | 57   | 19   | 167  | 6    | 44   | 11   | 304  |
+----------------+------+------+------+------+------+------+------+
| **National**   | **9  | **3  | *    | **   | **6  | **4  | *    |
|                | 78** | 35** | *2,6 | 73** | 22** | 76** | *5,1 |
|                |      |      | 57** |      |      |      | 41** |
+----------------+------+------+------+------+------+------+------+

# APPENDIX B: OFFICES AND ADDRESSES

+---+-------------------------------+---+--------------------------------+
| * |                               |   |                                |
| * |                               |   |                                |
| [ |                               |   |                                |
| O |                               |   |                                |
| f |                               |   |                                |
| f |                               |   |                                |
| i |                               |   |                                |
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| m |                               |   |                                |
| a |                               |   |                                |
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| } |                               |   |                                |
| * |                               |   |                                |
| * |                               |   |                                |
+---+-------------------------------+---+--------------------------------+
|   | 400 Maryland Avenue, SW,      |   |                                |
|   | Washington, DC 20202-1100     |   |                                |
|   |                               |   |                                |
|   | Customer Service #: (800)     |   |                                |
|   | 421-3481 TDD#: (877) 521-2172 |   |                                |
|   | http://www.ed.gov/ocr         |   |                                |
+---+-------------------------------+---+--------------------------------+
|   |                               |   |                                |
+---+-------------------------------+---+--------------------------------+
| > | **Connecticut, Maine,         | * | **Illinois, Indiana, Iowa,     |
|   | Massachusetts, New Hampshire, | * | Minnesota, North Dakota,       |
| * | Rhode Island, Vermont**       | M | Wisconsin**                    |
| * |                               | i |                                |
| E | Office for Civil Rights,      | d | Office for Civil Rights,       |
| a | *Boston Office*               | w | *Chicago Office*               |
| s |                               | e |                                |
| t | U.S. Department of Education  | s | U.S. Department of Education   |
| e |                               | t |                                |
| r | J. W. McCormack POCH, Room    | e | 111 North Canal Street, Suite  |
| n | 701                           | r | 1053                           |
| > |                               | n |                                |
|   | Boston, MA 02109-4557         | D | Chicago, IL 60606-7204         |
| D |                               | i |                                |
| i | Telephone: (617) 223-9662;    | v | Telephone: (312) 886-8434;     |
| v | Facsimile: (617) 223-9669     | i | Facsimile: (312) 353-4888      |
| i |                               | s |                                |
| s | TDD: (617) 223-9695; Email:   | i | TDD: (312) 353-2540; Email:    |
| i | OCR.Boston@ed.gov             | o | OCR.Chicago@ed.gov             |
| o |                               | n |                                |
| n |                               | * |                                |
| * |                               | * |                                |
| * |                               |   |                                |
+---+-------------------------------+---+--------------------------------+
|   | **New Jersey, New York,       |   | **Michigan, Ohio**             |
|   | Puerto Rico, Virgin Islands** |   |                                |
|   |                               |   | Office for Civil Rights,       |
|   | Office for Civil Rights, *New |   | *Cleveland Office*             |
|   | York Office*                  |   |                                |
|   |                               |   | U.S. Department of Education   |
|   | U. S. Department of Education |   |                                |
|   |                               |   | Bank One Center, Suite 750     |
|   | 75 Park Place, 14th Floor     |   |                                |
|   |                               |   | 600 Superior Avenue East       |
|   | New York, NY 10007-2146       |   |                                |
|   |                               |   | Cleveland, OH 44114-2611       |
|   | Telephone: (212) 637-6466;    |   |                                |
|   | Facsimile: (212) 264-3803     |   | Telephone: (216) 522-4970;     |
|   |                               |   | Facsimile: (216) 522-2573      |
|   | TDD: (212) 637-0478; Email:   |   |                                |
|   | OCR.NewYork@ed.gov            |   | TDD: (216) 522-4944; Email:    |
|   |                               |   | OCR.Cleveland@ed.gov           |
+---+-------------------------------+---+--------------------------------+
|   | **Delaware, Maryland,         |   | **Kansas, Missouri, Nebraska,  |
|   | Kentucky, Pennsylvania,**     |   | North Dakota, Oklahoma, South  |
|   |                               |   | Dakota**                       |
|   | **West Virginia**             |   |                                |
|   |                               |   | Office for Civil Rights,       |
|   | Office for Civil Rights,      |   | *Kansas City Office*           |
|   | *Philadelphia Office*         |   |                                |
|   |                               |   | U.S. Department of Education   |
|   | U.S. Department of Education  |   |                                |
|   |                               |   | 8930 Ward Parkway, Suite 2037  |
|   | The Wanamaker Building        |   |                                |
|   |                               |   | Kansas City, MO 64114          |
|   | 100 Penn Square East, Suite   |   |                                |
|   | 515                           |   | Telephone: (816) 268-0550;     |
|   |                               |   | Facsimile: (816) 823-1404      |
|   | Philadelphia, PA 19107        |   |                                |
|   |                               |   | TDD: (800) 437-0833; Email:    |
|   | Telephone: (215) 656-8541;    |   | OCR.KansasCity@ed.gov          |
|   | Facsimile: (215) 656-8605     |   |                                |
|   |                               |   |                                |
|   | TDD: (215) 656-8604; Email:   |   |                                |
|   | OCR.Philadelphia@ed.gov       |   |                                |
+---+-------------------------------+---+--------------------------------+
| > | **Alabama, Florida, Georgia,  | * | **Arizona, Colorado, New       |
|   | Tennessee**                   | * | Mexico, Utah, Wyoming**        |
| * |                               | W |                                |
| * | Office for Civil Rights,      | e | Office for Civil Rights,       |
| S | *Atlanta Office*              | s | *Denver Office*                |
| o |                               | t |                                |
| u | U.S. Department of Education  | e | U.S. Department of Education   |
| t |                               | r |                                |
| h | 61 Forsyth Street S.W., Suite | n | Federal Building, Suite 310    |
| e | 19T70                         | D |                                |
| r |                               | i | 1244 Speer Boulevard           |
| n | Atlanta, GA 30303-3104        | v |                                |
| > |                               | i | Denver, CO 80204-3582          |
|   | Telephone: (404) 562-6350;    | s |                                |
| D | Facsimile: (404) 562-6455     | i | Telephone: (303) 844-5695;     |
| i |                               | o | Facsimile: (303) 844-4303      |
| v | TDD: (404) 562-6454; Email:   | n |                                |
| i | OCR.Atlanta@ed.gov            | * | TDD: (303) 844-3417; Email:    |
| s |                               | * | OCR.Denver@ed.gov              |
| i |                               |   |                                |
| o |                               |   |                                |
| n |                               |   |                                |
| * |                               |   |                                |
| * |                               |   |                                |
+---+-------------------------------+---+--------------------------------+
|   | **Arkansas, Louisiana,        |   | **California**                 |
|   | Mississippi, Texas**          |   |                                |
|   |                               |   | Office for Civil Rights, *San  |
|   | Office for Civil Rights,      |   | Francisco Office*              |
|   | *Dallas Office*               |   |                                |
|   |                               |   | U.S. Department of Education   |
|   | U.S. Department of Education  |   |                                |
|   |                               |   | Old Federal Building           |
|   | 1999 Bryan Street, Suite 2600 |   |                                |
|   |                               |   | 50 United Nations Plaza, Room  |
|   | Dallas, TX 75201              |   | 239                            |
|   |                               |   |                                |
|   | Telephone: (214) 880-2459;    |   | San Francisco, CA 94102-4102   |
|   | Facsimile: (214) 880-3082     |   |                                |
|   |                               |   | Telephone: (415) 556-4275;     |
|   | TDD: (214) 880-2456; Email:   |   | Facsimile: (415) 437-7783      |
|   | OCR.Dallas@ed.gov             |   |                                |
|   |                               |   | TDD: (415) 437-7786; Email:    |
|   |                               |   | OCR.SanFrancisco@ed.gov        |
+---+-------------------------------+---+--------------------------------+
|   | **North Carolina, South       |   | **Alaska, American Samoa,      |
|   | Carolina, Virginia,           |   | Guam, Hawaii, Idaho, Montana,  |
|   | Washington, DC**              |   | Nevada, Oregon, Washington and |
|   |                               |   | the Mariana Islands**          |
|   | Office for Civil Rights,      |   |                                |
|   | *District of Columbia Office* |   | Office for Civil Rights,       |
|   |                               |   | *Seattle Office*               |
|   | U.S. Department of Education  |   |                                |
|   |                               |   | U.S. Department of Education   |
|   | P.O. Box 14620                |   |                                |
|   |                               |   | 915 Second Avenue, Room 3310   |
|   | Washington, DC 20044-4620     |   |                                |
|   |                               |   | Seattle, WA 98174-1099         |
|   | Telephone: (202) 208-2545;    |   |                                |
|   | Facsimile: (202) 208-7797     |   | Telephone: (206) 220-7900;     |
|   |                               |   | Facsimile: (206) 220-7887      |
|   | TDD: (202) 208-7741; Email:   |   |                                |
|   | OCR.DC@ed.gov                 |   | TDD: (206) 220-7907;           |
|   |                               |   | Email:OCR.Seattle@ed.gov       |
+---+-------------------------------+---+--------------------------------+

[^1]: U.S. Department of Education, National Center for Education
    Statistics (2003).

    *Digest of Education Statistics 2002* (NCES-2003060), Washington,
    D.C.: Author, Table 89, p. 98.

[^2]: ^2^ Ibid, Table 243, p. 295.

[^3]: ^3^ Ibid, Table 362, p. 407.

[^4]: U.S. Department of Education, National Center for Education
    Statistics (2003).

    *Projections of Education Statistics to 2013* (NCES-2004013),
    Washington, D.C.: Author, Table 1, p. 45.

[^5]: ^5^ Ibid, Table 10, p. 57.

[^6]: "Rehabilitating Section 504," National Council on Disability,
    February 12, 2003, Washington, D.C.