U.S. Department of Education 

Office for Civil Rights

Safeguarding 

Students’ 

Civil Rights, 

Promoting 

Educational 

Excellence 

Report to 

THE PRESIDENT 

and 

SECRETARY OF 

EDUCATION 

Under Section 203(b)(1) 

of the Department of Education Organization Act 
Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

U.S. Department of Education 

Ofce for Civil Rights 

Catherine E. Lhamon, Assistant Secretary for Civil Rights 

July 2022 

This report is submitted under Section 203(b)(1) of the Department of Education Organization Act of 1979, 

Pub. L. No. 96–88, which provides: “The Assistant Secretary for Civil Rights shall make an annual report to the 

Secretary, the President, and the Congress summarizing the compliance and enforcement activities of the 

Office for Civil Rights and identifying significant civil rights or compliance problems as to which such Office

has made a recommendation for corrective action and as to which, in the judgment of the Assistant Secretary, 

adequate progress is not being made.” 20 U.S.C. §3413(b)(1). 

This report is in the public domain. Authorization to reproduce it in whole or in part is granted. 

The report’s citation should be: 

U.S. Department of Education, Office for Civil Rights

Safeguarding Students’ Civil Rights, Promoting Educational Excellence: Report to the President and 

Secretary of Education Under Section 203(b)(1) of the Department of Education Organization Act, FY 2021, 

Washington, DC, 2022. 

This report is also available on the Office for Civil Rights website at http://www.ed.gov/ocr. 

Any updates to this report will be available at this website. 

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Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

TABLE of CONTENTS 

Message from the Assistant Secretary for Civil Rights 4 

Executive Summary and Report Highlights 6 

The Office for Civil Rights: 7 

Overview and Trends 

MAJOR FEATURE: Protecting Civil Rights During 11 

the COVID-19 Pandemic 

MAJOR FEATURE: Title IX Comprehensive Review 13 

Notable Outreach, Collaborative Activities, 14 

and Technical Assistance 

The Civil Rights Data Collection 17 

Title VI: Discrimination Based on Race, Color, 18 

or National Origin 

Title IX: Discrimination Based on Sex 23 

Section 504 and ADA Title II: Discrimination Based 28 

on Disability 

Enforcement Activity Under Other Statutes 39 

40 

Looking Ahead 

End Notes

41 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021 

Message from the ASSISTANT 

SECRETARY for CIVIL RIGHTS 

On his first full day in office, President Biden reaffirmed a 

commitment that distills all our work at the Office for Civil Rights 

(OCR): “Every student in America deserves a high-quality education 

in a safe environment.”1 This commitment is not a new one. It 

echoes promises Congress made with the passage of civil rights 

laws meant to remove barriers to students’ full participation 

in all of the educational opportunities this nation has to offer. 

Yet the commitment holds additional meaning now, given the 

unprecedented COVID-19 pandemic and its impacts on education for 

the nation’s students and schools. Notwithstanding the pandemic’s 

many challenges, students across the country have found ways to 

continue learning and educators, along with students’ families and 

communities, have supported students at all educational levels. 

During fiscal year (FY) 2021, OCR actively pursued our job to ensure 

equal access to education and to promote educational excellence through the vigorous enforcement of 

civil rights. This report describes OCR’s efforts to meet the pandemic moment for school communities, 

safeguarding the civil rights in schools that Congress has long charged OCR to protect. 

As this report details, OCR received nearly 9,000 

complaints during FY 2021, and resolved more than 

8,000 complaints. We also opened 17 proactive 

investigations, including 11 related to the COVID-19 

pandemic. The sampling of cases described in this 

report provide a window into individual student 

experiences. The injustices detailed in each case, 

though difficult to read, speak to the critical 

importance of our work, as do the resolutions that 

resulted in tangible changes for students. 

In addition, OCR released policy guidance and 

informational resources to help students, parents, and 

educators better understand the protections afforded 

Every student in 

America deserves 

a high-quality 

education in a safe 

environment. 

President BIDEN 

students under the Federal civil rights laws OCR enforces. These resources covered a wide range of topics, 

including how to address school-based COVID-19 related harassment directed at Asian American and Pacific 

Islander people; Title IX’s application to discrimination based on sexual orientation and gender identity; and 

the protections afforded students experiencing the long-term symptoms of COVID-19.

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Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

Finally, OCR announced that for the first time ever OCR would conduct a nationwide Civil Rights Data 

Collection (CRDC) of every covered school in two consecutive school years: 2020-21 and 2021-22. Gathering 

data in this way will enable us to better understand the impacts of the COVID-19 pandemic on student 

access and experiences of harassment and other discrimination during this time and provide a clearer 

picture of the disparities students experience. 

OCR accomplished all of this during a transition from one Presidential Administration to another and in the 

face of the ongoing global pandemic. That the essential work of this office continued unabated despite these 

challenges is a testament to OCR staff without whose skill and passion none of this work would be possible. 

As much today as ever, it is crucial that students have equal access to a safe, healthy, and welcoming school 

environment. At OCR, we are privileged to continue to support that goal through affirmatively informing 

school districts, postsecondary institutions, and other federally funded education programs and activities, 

along with educators, students and parents, of students’ rights that Federal civil rights laws protect and 

enforcing those laws as needed to fulfill Congress’ civil rights guarantees to students. 

Sincerely, 

Catherine E. Lhamon 

Assistant Secretary for Civil Rights 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

 

 

 

 

EXECUTIVE 

SUMMARY 

and REPORT 

HIGHLIGHTS 

OCR’s core activities include responding to civil 

rights complaints that members of the public file 

and conducting proactive investigations to enforce 

Federal civil rights laws; monitoring institutions’ 

adherence to resolution agreements reached with 

OCR; issuing policy guidance to increase recipients’ 

understanding of their civil rights obligations and 

awareness of students and family members of 

students’ civil rights; responding to requests for 

information from and providing technical assistance 

to school communities and the general public; 

and administering and disseminating the Civil 

Rights Data Collection. This report details notable 

accomplishments in these activities during FY 2021. 

The pace of OCR’s enforcement work also remained 

high, even as the COVID-19 pandemic continued 

to impact educational environments, the American 

workforce, and the nation as a whole. OCR 

received 8,934 complaints; initiated 17 proactive 

investigations, including 11 related to the COVID-19 

pandemic; and resolved 8,238 cases. 

OCR developed and released a variety of policy 

guidance and informational resources to assist school 

communities with civil rights compliance, covering 

the rights of students and the obligations of schools 

under the Federal civil rights laws OCR enforces. 

Topics included, for example: 

• Clarifying the application of Federal civil rights laws 

to both remote and in-person learning during the 

COVID-19 pandemic; 

• Addressing the obligations of schools, public 

agencies, and postsecondary institutions to 

students and children with long COVID; and 

• Clarifying OCR’s interpretation of schools’ existing 

obligations under the 2020 amendments to the 

Department’s Title IX regulations, including the 

areas in which schools have discretion in their 

procedures for responding to reports of sexual 

harassment. 

In addition to policy guidance, OCR expanded the 

reach of public information about the civil rights of 

students and others in educational environments, 

including through the generation of two new virtual 

binders that collect OCR resources for easy access by 

schools and the public: Back to School: Supporting 

Educational Environments Free from Discrimination: 

A Resource Collection for Elementary and Secondary 

Schools and Back to School: Supporting Educational 

Environments Free from Discrimination: A Resource 

Collection for Postsecondary Schools. Additional 

outreach and collaborative efforts included a virtual

convening organized with the Department of Justice 

on Brown 67 Years Later: Examining Disparities in School 

Discipline and the Pursuit of Safe and Inclusive Schools,

where students, educators, school administrators, 

civil rights lawyers, and researchers considered the 

impact of exclusionary school discipline policies 

and practices on our nation’s students, particularly 

students of color, students with disabilities, and 

LGBTQI+ students, and a Back-to-School Video 

Message for Transgender Students, produced 

together with the Departments of Justice and Health 

and Human Services. 

OCR also released the data file for the Civil Rights

Data Collection (CRDC) for the 2017-18 school year 

and announced our plan to administer a 2021-22 

CRDC, marking the first time OCR has conducted

the CRDC in all covered schools two years in a row. 

These data will help to illuminate the effects of the 

COVID-19 pandemic on education equity. 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

Figure 1: OCR Enforcement Jurisdiction Timeline 

Boy Scouts of America

Equal Access Act (2001) Age Discrimination

Act of 1975 

Section 504 of the 

Rehabilitation Act of 1973 

Title IX of the Education 

Title VI of the Civil 

Rights Act of 1964 

Title II of the Americans 

with Disabilities Act of 1990 

1960s 1970s 1980s 1990s 2000s

Amendments of 1972 

 

 

OFFICE FOR 

CIVIL RIGHTS: 

OVERVIEW and 

TRENDS 

MISSION AND SCOPE

OCR’s mission is to ensure equal access to education 

and to promote education excellence across 

the nation through the vigorous enforcement 

of civil rights laws. OCR’s work to eliminate 

discriminatory barriers to education directly 

supports the Department’s mission to promote 

student achievement and preparation for global 

competitiveness by fostering education excellence 

and ensuring equal access. OCR safeguards the 

rights of students through the investigation of 

possible violations of civil rights laws, including 

Title VI of the Civil Rights Act of 1964 (Title VI), Title 

IX of the Education Amendments of 1972 (Title IX), 

Section 504 of the Rehabilitation Act of 1973 (Section 

504), and Title II of the Americans with Disabilities 

Act of 1990 (ADA). In addition, OCR safeguards 

students’ rights through the development of policy 

guidance to assist schools and other educational 

institutions receiving Federal financial assistance 

in understanding how OCR interprets and enforces 

Federal civil rights laws; the dissemination of 

information and technical assistance about 

students’ rights and schools’ responsibilities; and the 

collection and reporting of data on key education 

and civil rights issues in our nation’s public schools. 

OCR’s mandate to eliminate discriminatory 

barriers in education reaches more than 79 million 

individuals at institutions that receive Federal 

funds, including all state educational agencies; 

approximately 18,100 local educational agencies; 

approximately 6,000 postsecondary institutions, 

including proprietary schools and community 

colleges; 78 state vocational rehabilitation agencies 

and their sub-recipients; and other institutions 

that receive U.S. Department of Education financial 

assistance, such as libraries, museums, and 

correctional institutions. 

JURISDICTION

OCR ensures equal access to education for our 

nation’s students by enforcing the following Federal 

civil rights laws and their implementing regulations 

that prohibit discrimination on the basis of race, 

color, national origin, sex, disability, and age in 

all education programs and activities that receive 

financial assistance from the Department (see Figure 1): 

• Title VI of the Civil Rights Act of 1964 (prohibiting 

race, color, and national origin discrimination); 

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Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

Figure 3: Percentage of Complaints Received by

Type of Alleged Discrimination* (FY 2020) 

11%

1,149 24%

2,399 

17%

1,705 

48%

4,870 

Race & National Origin Sex 

Disability Age 

 

 

 

 

 

• Title IX of the Education Amendments of 1972 

(prohibiting sex discrimination); 

• Section 504 of the Rehabilitation Act of 1973 

(prohibiting disability discrimination); 

• Age Discrimination Act of 1975 (prohibiting age 

discrimination); 

• Title II of the Americans with Disabilities Act of 

1990 (prohibiting disability discrimination in State 

and local government services – whether or not 

programs receive Federal financial assistance); 

and 

• Boy Scouts of America Equal Access Act of 2001 

(prohibiting public elementary and secondary 

schools, local educational agencies, and state 

educational agencies from denying equal access 

or a fair opportunity to meet, or discriminating 

* The numbers above do not reflect the total number of complaints 

received in FY 2021 because some complaints cover more than 

one statute and because a small percentage of complaints received 

in FY 2021 have not yet been categorized by statute.

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). 

STRUCTURE AND FUNCTIONS 

OCR is headed by an Assistant Secretary, appointed 

by the President of the United States with the advice 

and consent of the U.S. Senate. From January 20, 

2021, until the end of the fiscal year, the Office of 

the Assistant Secretary for Civil Rights included 

a Deputy Assistant Secretary for Enforcement, a 

Deputy Assistant Secretary for Policy, a Deputy 

Assistant Secretary for Strategic Operations 

and Outreach, a Deputy Assistant Secretary for 

Management and Operations, a Chief of Staff, two 

Senior Counsels, and a Confidential Assistant.

OCR is comprised of a headquarters office and 12 

regional offices located across the country. Our 

headquarters and the DC Metro regional office 

are located in Washington, D.C. The remaining 11 

regional offices are in Atlanta, Boston, Chicago, 

Cleveland, Dallas, Denver, Kansas City, New York, 

Philadelphia, San Francisco, and Seattle (see Figure 2). 

ENFORCEMENT AND STAFFING TRENDS

As the COVID-19 pandemic continued to affect 

the operation of schools throughout the country, 

OCR received 8,934 complaints and resolved 8,238 

complaints in FY 2021. 

Complaints of race or national origin discrimination 

comprised 24% (2,399) of all complaints received 

in the year, up from 19% in FY 2020. Complaints 

involving discrimination based on disability comprised 

48 percent (4,870) of all complaints this year, up from 

45 percent in FY 2020; sex discrimination complaints 

comprised 17 percent (1,705) down from 23 percent 

in FY 2020; and age discrimination complaints 

comprised 11 percent (1,149), the majority of which 

were filed by a single complainant, up from 3 percent

in FY 2020. (see Figure 3). 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

CO

IN

Figure 2: Map of OCR Regional Offices* 

OCR Regional Offices 

Seattle

WA

MT ND

ME

OR

ID SD

MN

WI

VT

NH NYNY 

New York 

Boston

WY MI RI

San 

Francisco 

CA

NV

UT

Denver

CO

NE

KS

IA

Kansas 

City 

Chicago 

IL

IN

Philadelphia 

Cleveland PAP A

OH

WV

VA

KY

CT

NJ

DE

Washington, DC 

(Metro) 

MO

NC

TN

AZ NM

OK

AR SC

Atlanta

Dallas 

LA

MS AL GAGA 

AK

TX

FL Puerto 

Rico 

HI

U.S. Virgin Islands 

OCR REGIONAL OFFICE STATE, DISTRICT, OR TERRITORY 

Washington, DC (Metro) DC, VA, NC, SC 

Atlanta, GA GA, TN, AL, FL 

Boston, MA MA, ME, VT, NH, RI, CT 

Chicago, IL IL, IN, IA, WI, MN, ND 

Cleveland, OH OH, MI Northern 

Mariana Dallas, TX TX, AR, LA, MS Islands Denver, CO CO, WY, UT, AZ, NM 

Kansas City, MO MO, SD, NE, KS, OK 

New York, NY NY, NJ, Puerto Rico, U.S. Virgin Islands 

Guam Philadelphia, PA PA, DE, MD, WV, KY American Samoa San Francisco, CA CA 

Seattle, WA WA, OR, ID, MT, NV, AK, HI, American Samoa, Guam, Northern Mariana Islands 

OCR’s overall staffing level has declined significantly 

over the life of the agency, falling from nearly 1,100 

Full Time Equivalent (FTE) usage in fiscal year 1981 to 

an estimated 562 FTE usage in fiscal year 2022. This 

reduction comes even as the volume of complaints 

received has grown exponentially, increasing from 

under 3,000 in fiscal year 1981 to a projection of 

over 28,0002 in fiscal year 2022. 

INCREASED OUTREACH AND PUBLIC 

EDUCATION

During FY 2021, OCR strengthened outreach to

schools, families, and the general public to increase

awareness of and information about the civil rights

laws OCR enforces. This work took the form of fact

sheets, letters to educators, question-and-answer

resources, reports and more, many of which are 

discussed throughout this Annual Report. 

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Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

 

In addition, OCR communicated with the public 

through our blog and on social media, sharing 

the resources just described and commemorating 

important civil rights events, including the 

anniversaries of Title VI, the Americans with 

Disabilities Act, and LGBTQI+ Pride. OCR also issued 

a blog post in English and Spanish on July 19, 2021, 

that affirmed the right of all students to access 

public education, regardless of their immigration 

status or the immigration status of their parents and 

highlighted resources to support students, families, 

and schools in fulfilling Title VI’s protection against 

discrimination based on national origin. 

OCR responded to 315 incoming correspondence 

inquiries and, through OCR’s Reading Room, 

provided access to information to educational 

institutions, state and local educational agencies, 

parents, students, and members of the general 

public about complaints filed, resolution agreements,

correspondence, guidance, and more. 

FULFILLING FREEDOM OF INFORMATION 

ACT REQUESTS 

OCR also processed 690 Freedom of Information Act 

(FOIA) requests in a timely manner. In FY 2021, OCR 

processed requests, on average, within 87 days, a 

10% decrease in processing time as compared to FY 

2020. 

Collaborative Eforts on LGBTQI+ Students and Title IX 

On August 17, 2021, OCR joined with the Departments of Justice 

and Health and Human Services to release a Back-to-School Video 

Message for Transgender Students, reinforcing for transgender 

students, their families, and educators that the Departments 

are here to provide support and, if needed, protection against 

discrimination. Earlier in the year, on June 23, 2021, OCR and 

the Department of Justice’s Civil Rights Division issued a fact sheet on Confronting Anti-LGBTQI+ 

Harassment in Schools: A Resource for Students and Families, highlighting examples of the types 

of incidents OCR and DOJ can investigate and actions students and families can take if a student 

has experienced discrimination at school. That same day, OCR issued a Dear Educator Letter on 

the 49th Anniversary of Title IX to highlight OCR’s Notice of Interpretation on Title IX’s application to 

discrimination based on sexual orientation and gender identity, the fact sheet, and an updated OCR 

webpage featuring resources for LGBTQI+ students, as well as other resources to assist schools in 

meeting their Title IX obligations. 

OCR’s public education and outreach efforts, along with ongoing enforcement of Title IX, seek to 

ensure that all schools are free from harassment and other discrimination, which is essential to 

creating an environment in which every student can thrive. 

 10 
 

 

 

 

Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021 

FEATURE

PROTECTING 

CIVIL RIGHTS 

DURING THE 

COVID-19 

PANDEMIC 

As the pandemic continued into its second year, 

OCR maintained a strong focus on ensuring civil 

rights fulfillment, including during remote schooling. 

In addition to investigating possible civil rights 

violations, OCR released responses to common 

questions about the application of civil rights 

laws in the COVID-19 environment and issued a 

report on the pandemic’s disparate impacts on 

students in elementary and secondary schools and 

postsecondary institutions. 

Questions and Answers on Civil Rights and 

School Reopening in the COVID-19 Environment

On May 13, 2021, OCR released a new resource 

for students, parents, and educators preparing 

to return to the classroom: Questions and 

Answers on Civil Rights and School Reopening in the 

COVID-19 Environment. The resource responded 

to many questions OCR received from students, 

families, schools and the public about schools’ 

responsibilities under Federal civil rights laws during 

the pandemic. 

The Q&A covers many important topics, including 

the rights of students with disabilities to a free 

appropriate public education during remote learning 

and school reopening; the rights of students 

with disabilities related to mask exemptions and 

waivers, physical distancing, and accessibility and 

placement issues; and the responsibilities of all 

schools, including higher education institutions, 

to their students with disabilities. It also discusses 

protections for students against discrimination 

based on race, color, and national origin, including 

information about harassment, discipline disparities, 

and resource equity; the rights of students who are 

undocumented; the rights of students with unstable 

housing and students who are experiencing 

homelessness; and the rights of English learners. In 

addition, the Q&A covers protections for students 

against sex discrimination, including sexual and 

gender-based harassment, which includes sexual 

violence, and addresses schools’ responsibilities to 

respond to complaints during remote, hybrid and 

in-person learning. 

Education in a Pandemic: The Disparate Impacts 

of COVID-19 on America’s Students

On June 9, 2021, OCR released Education in a 

Pandemic: COVID-19’s Disparate Impacts on 

America’s Students, a report responding to President 

Biden’s Executive Order 14000 on Supporting the 

Reopening and Continuing Operation of Schools 

and Early Childhood Education Providers. The report 

highlights how COVID-19 threatens to deepen 

divides in educational opportunity across our 

nation’s classrooms and campuses if the pandemic’s 

disparate impacts are not adequately addressed. 

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Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021 

In particular, the report explores how the impacts 

of the pandemic are falling disproportionately on 

students who went into the pandemic with the 

fewest educational opportunities, many of whom are 

from marginalized and underserved communities. 

It offers numerous observations about impacts 

of the pandemic on both K-12 and postsecondary 

education students, including how COVID-19 has 

deepened pre-pandemic disparities in access and 

opportunities facing students of color, multilingual 

learners, students with disabilities, and LGBTQI+ 

students, with significant impacts on their learning. 

The report also highlights students’ extensive loss 

of access to mental health services during the 

pandemic, with early research showing disparities in 

negative mental health impacts based on students’ 

race, ethnicity, LGBTQI+ identity, and other factors. 

In addition, the report includes data showing 

heightened risk of harassment, discrimination, 

and other harms for Asian American and Pacific 

Islander students and recognizes that the pandemic 

may have put students at increased risk of sexual 

harassment, abuse, and violence—particularly girls, 

women, and students who are transgender, nonbinary, or gender non-conforming. 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021 

FEATURE

TITLE IX 

COMPREHENSIVE 

REVIEW 

In FY 2021, OCR began the comprehensive review 

of our policies and actions under Title IX that 

President Biden directed in Executive Order 14021 

on Guaranteeing an Educational Environment Free 

From Discrimination on the Basis of Sex, Including 

Sexual Orientation or Gender Identity. President 

Biden ordered that OCR ensure that our policies 

and actions are consistent with policy that “all 

students should be guaranteed an educational 

environment free from discrimination on the basis 

of sex, including discrimination in the form of sexual 

harassment, which encompasses sexual violence, 

and including discrimination on the basis of sexual 

orientation or gender identity.” 

As part of our comprehensive Title IX review, 

OCR announced that we anticipated issuing new 

proposed regulations for public comment through 

a Notice of Proposed Rulemaking. The proposed 

regulations will build on the extensive information 

received from the public during the national public 

hearing and in stakeholder meetings. 

A NATIONAL PUBLIC HEARING 

ON TITLE IX 

OCR convened a five-day, first-ever virtual national 

public hearing focused on strengthening the 

Department’s enforcement of Title IX, with an open 

invitation to the public to provide comments to 

inform OCR’s Title IX review process. The hearing 

brought together a range of voices and views from 

across the United States and Puerto Rico, with 

over 280 live comments and over 30,000 written 

submissions, and provided the Department the 

opportunity to hear experiences, concerns, and 

suggestions from a wide variety of students, 

educators, advocates, and many others. The 

transcript is available on OCR’s website. 

NOTICE OF INTERPRETATION 

CONFIRMING THAT TITLE IX PROHIBITS 

DISCRIMINATION BASED ON SEXUAL 

ORIENTATION AND GENDER IDENTITY

On June 16, 2021, OCR published a Notice of 

Interpretation explaining that OCR interprets Title 

IX’s prohibition on sex discrimination to include 

discrimination based on sexual orientation and 

gender identity, consistent with the Supreme Court’s 

reasoning in Bostock v. Clayton County. The Bostock 

case, decided by the Court in 2020, recognized 

that Title VII’s very similar protection against sex 

discrimination covered discrimination based on 

sexual orientation and gender identity. 

In Bostock, the Supreme Court recognized that “it 

is impossible to discriminate against a person” 

because of their sexual orientation or gender 

identity “without discriminating against that 

individual based on sex.” As OCR’s notice explained, 

that reasoning applies regardless of whether the 

individual experiencing discrimination is an adult 

in a workplace or a student in school. OCR also 

explained that while this interpretation will guide 

the Department in processing complaints and 

conducting investigations, it does not determine the 

outcome in any particular case or set of facts. 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

NOTABLE 

OUTREACH, 

COLLABORATIVE 

ACTIVITIES, and 

TECHNICAL 

ASSISTANCE 

OCR engaged throughout the year in outreach 

to the public and in collaborative efforts across 

government. Here are some highlights, and 

additional outreach and collaborative activities can 

be found throughout this Annual Report. 

COMBATING DISCRIMINATION AGAINST 

JEWISH STUDENTS

On January 19, 2021, OCR issued a fact sheet 

on Combating Discrimination Against Jewish 

Students. The fact sheet explains that Title VI 

protects all students, including Jewish students, 

from discrimination based on race, color, and 

national origin (including language and actual or 

perceived shared ancestry or ethnic characteristics) 

and provides examples of harassment and other 

discrimination against Jewish students that schools 

may be obligated to address. It also includes 

information about how to file a complaint with OCR 

for anyone with information about discrimination 

occurring in schools. 

Joint Convening on School Discipline and Climate 

with Department of Justice’s Civil Rights Division 

On May 11, 2021, OCR and the U.S. Department of Justice‘s Civil Rights Division hosted a virtual 

convening, Brown 67 Years Later: Examining Disparities in School Discipline and the Pursuit 

of Safe and Inclusive Schools, where students, educators, school administrators, civil rights 

lawyers, and researchers considered the impact of exclusionary school discipline policies and 

practices on our nation’s students, particularly students of color, students with disabilities, and 

LGBTQI+ students. Panelists shared diverse strategies for addressing discriminatory student 

discipline practices and creating positive and inclusive school climates. More than 1,500 people 

registered for the event. 

Following the convening, on June 8, 2021, OCR published a Request for Information, seeking 

public comments on what guidance schools and school districts need to ensure all students 

attend welcoming, supportive, and safe schools. OCR received over 3,600 comments, which 

OCR uses to inform the development and issuance of policy guidance, technical assistance, or 

other resources to assist preschools and elementary and secondary schools with identifying, 

avoiding, and remedying the discriminatory use of student discipline and improving school 

climate and safety. 

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Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

CONFRONTING HARASSMENT AGAINST 

ASIAN AMERICAN AND PACIFIC ISLANDER 

STUDENTS

On May 10, 2021, OCR and the U.S. Department 

of Justice’s Civil Rights Division jointly issued a 

fact sheet on Confronting COVID-19-Related 

Harassment in Schools in response to an increase in 

discrimination, including harassment and violence, 

directed at Asian American and Pacific Islander 

(AAPI) people. The fact sheet provides examples of 

the kinds of incidents OCR and the Department of 

Justice can investigate and highlights specific actions 

that students and their families can take if schools 

fail to respond to reports of harassment based on 

race or national origin. Later that same month, OCR 

issued a letter to educators to draw attention to 

the issue of COVID-19-related harassment targeted 

at AAPI students and to schools’ responsibilities 

to address all forms of harassment based on race, 

color, national origin, sex, and disability. The letter 

highlighted resources for schools, including OCR’s 

earlier guidance on Racial Incidents and Harassment 

Against Students at Educational Institutions. 

SUPPORTING STUDENTS WITH LONG 

COVID

On the 31st Anniversary of the Americans with 

Disabilities Act on July 26, 2021, OCR joined with 

the White House, the Department of Health and 

Human Services, the Department of Labor, and 

the Department of Justice to release a package of 

guidance and resources supporting individuals 

experiencing the long-term symptoms of COVID-19, 

known as “long COVID.” OCR’s guidance, issued 

together with the Department’s Office of Special

Education and Rehabilitative Services, provides 

information about schools’ and public agencies’ 

responsibilities for the provision of services and 

reasonable modifications to children and students for

whom long COVID is a disability. 

CONFRONTING DISCRIMINATION 

BASED ON NATIONAL ORIGIN AND 

IMMIGRATION STATUS 

On August 19, 2021, OCR and the Department of 

Justice’s Civil Rights Division jointly issued the fact 

sheet Confronting Discrimination Based on National 

Origin and Immigration Status. As families have 

immigrated or have been displaced as a result of 

hardships associated with the pandemic and other 

challenges, this fact sheet provided a reminder to 

public elementary and secondary schools of their 

obligations to enroll all children, regardless of 

national origin or immigration status, and to provide 

language assistance services to English learners. 

This fact sheet, originally produced in English 

and Spanish, has since been translated into eight 

additional languages: 

Chinese (Simplified), Chinese (Traditional), 

Arabic, Vietnamese, Somali, and Haitian Creole, as 

well as Dari and Pashto, the two languages spoken 

most widely in Afghanistan and among Afghans who 

arrived in the United States during the late summer 

and fall.

 15 
Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

 

 

 

 

SUPPORTING LGBTQI+ STUDENTS 

As described above, OCR and DOJ’s Civil Rights 

Division also reached out to students, families, 

and schools to support the rights of LGBTQI+ 

students with a fact sheet on June 23, 2021, on 

Confronting Anti-LGBTQI+ Harassment in Schools: 

A Resource for Students and Families. OCR’s 

additional outreach included a Dear Educator Letter 

on the 49th Anniversary of Title IX to highlight the 

fact sheet, our earlier Notice of Interpretation on 

Title IX’s application to discrimination based on 

sexual orientation and gender identity, and an 

updated OCR webpage featuring resources for 

LGBTQI+ students and schools. On August 17, 2021, 

OCR joined with the Departments of Justice and 

Health and Human Services to release a Back-toSchool Video Message for Transgender Students, 

reinforcing the Departments’ shared support for 

transgender students and all students. 

INTERAGENCY POLICY COMMITTEES AND 

WORKING GROUPS

OCR played, and continues to play, an active role 

in the White House Gender Policy Council and with 

interagency and Department-based working groups 

to implement President Biden’s policy goals. OCR 

participated actively with the Gender Policy Council 

in the development of the National Strategy on 

Gender Equity and Equality (released in October 

2021). During FY 2021, OCR was also an active 

participant in these interagency policy committees 

and working groups: 

• Interagency Policy Committee on Gender Markers 

• Interagency Policy Council on Online Harassment 

and Abuse 

• Interagency Working Group on Disability 

• Interagency Working Group on Safety, Economic 

Opportunity, and Inclusion for Transgender and 

Gender Diverse Individuals 

TECHNICAL ASSISTANCE 

Every year, OCR provides technical assistance to 

schools and communities around the country on 

both longstanding and emerging civil rights issues. 

Although the pandemic reduced opportunities to 

provide technical assistance through in-person 

workshops and convenings, OCR’s regional offices 

provided 164 technical assistance sessions to 

schools, communities, and organizations on various 

aspects of the civil rights laws enforced by OCR. 

16 
Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

Te CIVIL 

RIGHTS DATA 

COLLECTION 

Congress first charged OCR’s predecessor to

administer the Civil Rights Data Collection (CRDC), 

formerly the Elementary and Secondary School 

Survey, in 1968 and ever since that time, the CRDC 

has been an important aspect of OCR’s (and OCR’s 

predecessor’s) overall strategy for enforcing the 

Federal civil rights laws. The CRDC is a mandatory 

survey of the nation’s public schools that gathers and 

publishes information about student enrollment, 

access to rigorous courses, educational programs, 

teachers and other school staff and school climate

factors, such as student discipline and harassment 

and bullying, from public schools (early childhood 

through 12th grade) in all 50 states, D.C., and Puerto 

Rico. Much of the data collected is disaggregated 

by race/ethnicity, sex, English learners, and 

disability, which enables OCR to identify potential 

educational inequities and to address them through 

technical assistance to schools or school districts or 

enforcement activities, such as the investigation of 

discrimination complaints. The CRDC is a valuable 

resource for other Department of Education offices

and Federal agencies, policymakers and researchers, 

educators and school officials, parents and students,

and the public who seek data on student opportunity 

and equity. For more information, please go to the 

OCR’s CRDC website. 

TECHNICAL ASSISTANCE THROUGH THE 

CRDC PARTNER SUPPORT CENTER

OCR provides technical assistance for CRDC 

submitters through our Partner Support Center 

(PSC). The PSC hosts a CRDC resource website that 

offers local educational agencies (LEAs) and State 

educational agencies (SEAs) resources for the CRDC, 

such as data submission planning and preparation 

2020-21 Collection and 

Proposed 2021-22 Collection 

I

n August 2021, OCR announced our plan to 

administer a 2021–22 CRDC, marking the 

first time that OCR will conduct a universal

CRDC two years in a row, for both the 2020–21 

and 2021–22 school years. These collections will 

enable OCR to collect and analyze data related 

to the effects of the pandemic on educational

equity and identify areas of continuing need 

for students. The plan to administer the CRDC 

in this way followed OCR’s earlier decision to 

postpone the 2019–20 CRDC in response to the 

COVID-19 pandemic. For more information about 

the proposed 2021–22 CRDC, please see OCR’s

2021–22 CRDC Information Collection Request, 

available on the Federal Register website. 

guides to assist in collecting and submitting data, 

data tips, and CRDC data submission tool training 

documents. 

For the 2020–21 CRDC, OCR created short technical 

assistance videos to assist LEAs with submitting 

data, understanding definitions, and reporting 

requirements, navigating the CRDC data submission 

system, and checking data quality prior to data 

submission. The videos supplemented OCR’s written 

CRDC technical assistance documents. Since fall 

2020, the technical assistance videos have been 

viewed almost 9,000 times. 

During FY 2021, the PSC hosted monthly SEA 

engagement calls during which it provided trainings on 

specific topics, including how to accurately report data,

data quality issues, and the collection process. OCR 

also encouraged SEAs to assist LEAs with submitting 

data to the CRDC. For the 2020–21 CRDC, OCR expects 

16 SEAs to submit some or all data on behalf of their 

LEAs and six will actively provide LEA support. 

 17 
Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

TITLE VI: 

Discrimination Based 

on Race, Color, or 

National Origin 

Title VI of the Civil Rights Act of 1964 prohibits 

discrimination on the basis of race, color, or 

national origin in programs and activities operated 

by recipients of Federal funds. It states: “No 

person in the United States shall, on the ground 

of race, color, or national origin, be excluded from 

participation in, be denied the benefits of, or be 

subjected to discrimination under any program 

or activity receiving Federal financial assistance.” 

Title VI’s protections apply to all public elementary 

and secondary schools and to all colleges and 

universities—public or private—that receive Federal 

financial assistance. Its protections extend to all 

aspects of these institutions’ programs and activities. 

When enforcing Title VI, OCR works to ensure equal 

access to education services and benefits and to 

prevent acts of retaliation against those who report 

Title VI violations. 

Total Number of Complaints Raising Title VI Issues, FY 2021 = 2,944 

Note: * Multiple issues/allegations are frequently raised in a single complaint. 

Consequently, the total number of issues raised exceeds the CMS number of 

complaints received. 

1. Includes all complaints with issues under §§ 100.3-13 (GATE) or 100.3-23 

(AP-type courses) 

2. Includes all complaints with issues under § 100.3-18, e.g., admissions, 

employment and scholarships. 

3. Includes only 100.3-3, e.g., no special ed or LEP issues. 

4. Includes all complaints with issues under §§ 100.3-16, e.g., facilities and 

teachers. 

5. Includes 170 “Employment (not affirmative action)” issues, 59 issues coded 

“100.999 Service Issue Not Related to Education” and other issues such as 

“Assignment of Students” and MinSped that were raised infrequently.

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

POLICY GUIDANCE AND RESOURCES

During FY 2021, OCR issued the following policy 

guidance and other informational materials to 

support full implementation of Title VI: 

• Confronting Discrimination Against Jewish 

Students, providing examples of discrimination 

based on national origin, which may include 

discrimination based on language and actual 

or perceived shared ancestry or ethnic 

characteristics (January 19, 2021). 

• Confronting COVID-19-Related Harassment in 

Schools, including harassment targeting Asian 

American and Pacific Islander (AAPI) individuals,

issued jointly with the Department of Justice’s Civil 

Rights Division (May 10, 2021). 

In addition, as discussed above, OCR issued a fact 

sheet on Confronting Discrimination Based on 

National Origin and Immigration Status, together 

with the Department of Justice’s Civil Rights 

Division, and a Request for Information Regarding 

the Nondiscriminatory Administration of School 

Discipline, which included background information 

about disparities in school discipline (June 4, 2021). 

OCR received over 3,600 comments from members 

of the public via regulations.gov and by mail in 

response to that request. 

ENFORCEMENT

In FY 2021, OCR received 2,399 Title VI-related 

complaints and launched four proactive 

investigations that, collectively, address a broad 

range of Title VI-related issues in institutions 

across the nation (see Figure 4). These issues range 

from allegations of discriminatory harassment to 

allegations of discrimination against English Learner 

students and their families. Over the course of 

the fiscal year, OCR resolved 2,181 Title VI-related 

complaints. The following cases illustrate OCR’s 

investigative work over the fiscal year to enforce 

Title VI. These cases represent a small portion of 

OCR’s total number of resolutions in FY 2021. 

Combating Harassment Based on 

Race, Color, or National Origin, 

including Shared Ancestry 

John Doe School District3: In a March 2021 

resolution of a racial harassment investigation, 

OCR found that the school district failed to 

take reasonable, timely, and effective action to 

address racial harassment and retaliation. OCR’s 

investigation reflected that a Black student alerted 

school staff about verbal and physical harassment 

based on race by another student, including calling 

him racially derogatory names. The school did not 

investigate these incidents, and the student posted 

a video on social media about the harassment. 

This video was widely viewed among the school 

community, and the other student then retaliated 

by physically attacking the Black student at school. 

The principal responded to the attack by requiring 

both students to complete an assignment in 

lieu of a suspension – but the principal took no 

further action, including when the students did 

not complete the assignment. The resolution 

agreement committed the district to pay for 

counseling or educational tutoring services for the 

affected student; issue a written anti-harassment 

statement to all district staff, students, and parents; 

develop written guidance and provide training on 

discriminatory harassment for district employees; 

conduct a school climate assessment focused on 

race-based harassment and develop an action plan 

based on the findings; and provide OCR with copies 

of any complaints of discrimination based on race, 

color, or national origin and the district’s responses 

to those complaints for the remainder of the 2020-

2021 school year as well as the 2021-2022 school 

year. 

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Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

Prospect Heights School District (IL): In November 

2020, OCR resolved an allegation that district 

students and staff subjected a Black student to 

racial harassment and that the district was aware of 

the harassment but failed to respond in a prompt 

and equitable manner. Evidence indicated that an 

extended day program staff member was dismissive 

of the student’s report that he was called a racial 

slur and did not refer that report for investigation. 

OCR also had concerns that the district did not 

respond appropriately to reports that older students 

applied makeup to the student’s face without his 

permission, that they called him racially derogatory 

names, and that the district did not take action 

reasonably designed to prevent further harassment 

and remedy the effects of the prior harassment on 

the student. The resolution agreement committed 

the district to: (1) issue a statement that it does not 

tolerate racial or other harassment and encouraging 

individuals who believe that they have been 

subjected to harassment to report the harassment 

to the district; (2) provide training to all appropriate 

district and school staff on how to recognize and 

report racial harassment, and on the district's 

grievance procedures; (3) provide training about 

racial harassment to students at two schools; and (4) 

provide specific remedies to the student to address 

the effects of the racial harassment.

Nauset Public Schools (MA): In March 2021, 

OCR resolved a complaint alleging anti-Semitic 

harassment of a student by classmates and a 

teacher. The investigation uncovered evidence of 

significant harassing conduct targeting the student 

based on shared ancestry, including derogatory 

terms and commentary related to being Jewish 

as well as Holocaust-related images and symbols 

placed in the student’s personal items. During 

OCR’s investigation, the district produced no 

contemporaneous reports of its response to the 

incidents, including no reports that it notified the 

student or the student’s parents, even though the 

district’s protocol stated that it would keep a record 

of investigations and provide written notice when 

investigations are completed. In addition, while 

the district did conduct classroom conversations 

regarding inclusion, none of them specifically 

addressed anti-Semitism. In the resolution 

agreement, the district committed to issue and 

disseminate an anti-harassment statement, revise 

its harassment policy and procedure, ensure that it 

creates and maintains contemporaneous records, 

train its staff on discrimination and harassment 

based on actual or perceived shared ancestry or 

ethnic characteristics, assess the need for additional 

measures to eliminate or prevent a hostile 

environment in the district’s programs and activities, 

and invite the student’s parents to meet with the 

superintendent to discuss concerns about the 

incidents of anti-Semitism that have occurred and 

ways the district could support the student. 

 20 
Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

Also... 

S

ee Adrian College (MI), p. 37 (addressing 

race discrimination and retaliation 

allegations brought by a Black student 

who was removed from an intercollegiate 

athletics team with a resolution that included 

staff training on Title VI protections against 

discrimination based on race, color, and 

national origin). 
Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

are qualified to implement the plan, and provide 

necessary compensatory services. 

Pickerington Local School District (OH): A July 

2021 resolution addressed concern that since 2015 

the district had not evaluated any EL students under 

Section 504 at the school regarding district provision 

to LEP parents of adequate notice of and meaningful 

access to information about school district 

programs, services, and activities; that the district 

lacked a centralized source to provide district staff 

with information regarding LEP parents’ language 

assistance needs at the building- and district-level; 

and that the district did not have a process to 

identify what documents need to be professionally 

translated. 

The district agreed to: (1) provide training to relevant 

staff on the district’s obligations to students with 

disabilities under Section 504 and Title II, including 

Section 504’s requirements for timely identification, 

evaluation, and placement of students suspected of 

having a disability, and the district’s responsibility 

to provide procedural safeguards; (2) develop and 

submit to OCR for review and approval a written 

plan to provide language assistance to LEP parents/ 

guardians and to ensure LEP parents and guardians 

have meaningful access to the district’s programs 

and activities; (3) adopt and implement the approved 

language assistance plan; (4) develop a written plan 

for the annual evaluation of the effectiveness of its 

new language assistance plan; and (5) adopt and 

implement the approved plan. 

 22 
Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

 

TITLE IX: 

Discrimination 

Based on Sex 

Title IX of the Education Amendments of 1972 (Title 

IX) states: “No person in the United States shall, on 

the basis of sex, be excluded from participation 

in, be denied the benefits of, or be subjected to

discrimination under any education program or 

activity receiving Federal financial assistance.” Title IX

applies to recipients of Federal financial assistance,

including colleges, universities, and public-school 

districts. OCR enforces Title IX to ensure equal 

access to educational opportunities. 

POLICY GUIDANCE AND RESOURCES

During FY 2021, OCR issued policy guidance, letters, 

and other materials to support full implementation 

of Title IX, including: 

• Questions and Answers on the Title IX Regulations 

on Sexual Harassment, with a related appendix,

4 

explaining how OCR interprets schools’ obligations 

under the 2020 amendments to the Title IX 

regulation. The 2020 amendments remain in 

Total Number of Complaints Raising Title IX Issues, FY 2021 = 2,093 

Note: * Multiple issues/allegations are frequently raised in a single complaint. 

Consequently, the total number of issues raised exceeds the CMS number of 

complaints received. 

1. Includes all complaints with issues under §§ 106.31-2 (GATE) and 106.34 

(access to courses/programs). 

2. Includes all issues under § 106.21 (admissions), e.g., marital/parental status 

and pregnancy. 

3. Includes all issues under § 106.41 (athletics), e.g., interests and abilities, 

coaching, and housing and dining, but not athletic financial assistance (§ 

106.37 (c)). 

4. Includes all issues under § 106.37 (financial assistance) and 106.37-1 (single 

sex scholarships) 

5. Includes all issues under §§ 106.40(b) (general), but not § 106.21(c) 

(admissions), the latter of which is included in the “Admissions” issue 

category. 

6. Includes all issues under § 106.31-4 (sexual harassment) and 106.31-5 

(gender harassment). 

7. Includes 33 issues coded “106.999 Service Issue Not Related to Education”

and other issues such as “Recruitment” and “Counseling and Tutoring” which

appear to be of little public interest and are raised infrequently. 

 23 
Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

effect during OCR’s comprehensive review of Title 

IX, and the Q&A aims to assist schools, students, 

and others to understand how to comply with 

them, including by highlighting areas in which 

schools may have discretion in their procedures 

for responding to reports of sexual harassment. 

The Q&A also includes an appendix that responds 

to schools’ requests for examples of Title IX 

procedures that may be adaptable to their own 

circumstances and helpful in implementing the 

2020 amendments (July 20, 2021). 

• A Letter to Students, Educators, and Other 

Stakeholders explaining the impact of a court 

decision vacating part of the current Title IX 

regulations in 34 C.F.R. § 106.45(b)(6)(i)) that 

prohibits decision-makers in Title IX proceedings 

at postsecondary institutions from considering 

any statement from a person who did not submit 

to cross-examination at a live hearing (August 24, 

2021). 

• Notice of Interpretation confirming that Title

IX Prohibits Discrimination Based on Sexual 

Orientation and Gender Identity (June 16, 2021). 

For more OCR resources and action on Title IX 

during FY 2021, see the Feature on Title IX above. 

ENFORCEMENT

In FY 2021, OCR received 1,705 Title IX complaints 

that, collectively, address a broad range of Title IX 

issues across the nation, including sexual violence 

at the elementary, secondary, and postsecondary 

levels; equal access to athletic opportunities; and 

harassment (see Figure 5). Over the course of FY 2021, 

OCR resolved 1,458 Title IX complaints. The following 

cases represent a small portion of OCR’s total 

number of resolutions in FY 2021. 

Eradicating Sexual Harassment 

and Sexual Violence 

John Doe School District5: In September 2021, OCR 

determined that the Corporation failed to comply 

with Title IX in its responses to sexual harassment 

complaints. In particular, the Corporation did 

not, when it became aware of possible sexual 

harassment (including sexual conduct between an 

adult employee and a minor student), promptly 

investigate to determine what occurred between a 

female high school student and a male coach and 

then take appropriate steps to resolve the situation, 

leaving the coach to continue to sexually harass the 

student. OCR determined the Corporation also failed 

to take steps to prevent further harassment in other 

cases as well. In addition, OCR had concerns that the 

Corporation did not have a system that adequately 

and accurately preserves records required by Title 

IX. 

In a resolution agreement, the Corporation 

committed to develop and implement a recordkeeping system and procedures to respond to 

reports of possible sexual harassment including by 

providing notice of outcome and supportive services 

to the parties. The Corporation also committed to 

notify parents of current and former students who 

previously reported to Corporation personnel that 

they were subjected to sexual harassment about the 

steps the Corporation will take to remedy its Title IX 

violations, invite them to share their concerns about 

the Corporation’s response to alleged harassment, 

and invite parents of certain current students to 

indicate whether they believe the students need 

any remedial services to restore their access to 

the Corporation’s education programs or activities. 

The agreement also requires training for students, 

school employees, administrators, and the Board 

and requires an assessment of the effectiveness of 

that training. 

 24 
Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

Lancaster County School District (SC): In October 

2020, OCR identified concerns that the district did 

not consider the impact of sexual harassment on 

a student and may not have adequately assessed 

the student’s need for – and did not offer – interim 

or supportive services such as counseling. OCR was 

also concerned about whether the district provided 

the complainant with adequate notice of the 

outcome of the investigation. 

To resolve the investigation, the district agreed 

to make several changes, including to (1) consult 

with the student and the student’s parent to 

consider whether the student required any 

supportive measures such as counseling or 

academic support; (2) provide the parent with 

proper notice of the outcome of its investigation; 

(3) prepare and disseminate a memorandum to 

all school administrators regarding the district’s 

and school’s obligations to provide a prompt and 

equitable resolution of complaints of student sexual 

harassment, including the duty to consider whether 

supportive measures are required for the students 

involved and to provide written notice of the 

outcome of the investigation to the parties involved. 

Fairfax County Public Schools (VA): In December 

2020, OCR identified concerns that a school did 

not properly respond to an initial complaint of 

sexual harassment and that the district likewise 

did not promptly and equitably respond to two 

follow-up complaints because it took about three 

and seven months, respectively, for the district to 

complete its investigations. Finally, OCR identified 

concern that the district did not appropriately 

analyze Title IX obligations, twice failing to consider 

school responsibility to remedy effects of sexual 

harassment. 

The district agreed at resolution to provide Title 

IX training to all appropriate district and school 

personnel; distribute contact information for the 

Title IX Coordinator and information about its 

grievance procedures; provide a prompt response 

at all stages of the grievance process; provide 

appropriate remedies, including interim remedies 

and supportive measures such as counseling and 

academic assistance; and provide prompt written 

notice of the outcome of the investigation to the 

parties. 

Equal Access to Athletic 

Opportunities and Benefts 

Seaside School District (OR): In July 2021, OCR 

resolved a complaint alleging that a school district 

discriminated against female students on the basis 

of sex in the provision of locker rooms, practice, 

and competitive facilities in the district’s athletics 

program. During the investigation, OCR identified 

many compliance concerns with the quality and 

availability of the facilities used by one school’s 

baseball and softball programs. Specifically, the 

softball field contained infield markings for soccer 

and football in addition to those for softball while 

the baseball field contained no infield markings 

other than for baseball. There also were reported 

 25 
Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

safety hazards on the softball field (a hole near 

the pitching mound and a hole on the third base 

line) but not on the baseball field. In addition, the 

softball field had only limited spectator seating and 

a partially obstructed view from the bleachers while 

there were no reports indicating an obstructed 

view from the baseball bleachers. The softball team 

also had to set up and take down a temporary 

outfield fence that would fall repeatedly during 

practice and competitions, while the baseball field 

had a permanent fence. Similarly, the softball 

team installed temporary foul poles themselves 

throughout the season, as compared to the 

permanent foul poles on the baseball field. Further, 

the baseball field was much closer to the restrooms 

than the softball field. Finally, witnesses reported 

that stray baseballs would enter the softball field 

during softball practices and games because the 

district permitted the baseball team to practice 

during softball games, while prohibiting the softball 

team from practicing during baseball games. 

The district entered into a resolution agreement 

to develop a detailed plan of actions it will take to 

ensure equity between baseball and softball practice 

and competitive facilities. The plan also provides for 

interim actions the district will take at the current 

softball facility to improve equity while permanent 

changes are being made. 

Falmouth Public Schools (MA): In October 

2020, OCR resolved allegations that the district 

discriminated against female athletes by denying 

them equal opportunity in its athletic programs in a 

variety of ways, including participation opportunities, 

the scheduling of games and practices, coaching, 

athletic facilities; and the use of booster club funds. 

Based on evidence obtained in its investigation, OCR 

had concerns in each of these areas. For example, 

although the district provided far fewer athletic 

opportunities to female students, it repeatedly 

denied requests to create a junior varsity (JV) girls’ 

ice hockey team. Evidence suggested, however, that 

dozens of female students may be interested in a JV 

girls’ team, including many members of the varsity 

team who received little to no playing time, and that 

there were at least eight other JV girls’ ice hockey 

teams in the area that would be available for local 

competition. 

Prior to the completion of the investigation, the 

district resolved the complaint by committing to 

provide athletic participation opportunities that 

were either substantially proportionate to male 

and female students’ enrollment in the district’s 

high school or to demonstrate that it was fully and 

effectively accommodating the interests and abilities 

of female athletes. The district also committed to 

conduct an objective assessment to determine the 

existence and scope of any unmet athletic interests 

of female students in grades 8-12 and then add 

athletic opportunities as necessary, and to ensure 

that male and female teams receive equivalent 

benefits from booster club funding.

26 
Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

Cleveland County Schools (NC): In July 2021, 

OCR resolved a complaint alleging that the district 

discriminated against female student athletes on the 

high school softball team with respect to practice 

and competitive facilities and equipment and 

supplies. During the investigation, OCR identified 

several concerns about inequities in the treatment 

of the high school softball players as compared 

to the high school baseball players. In particular, 

OCR learned that the high school baseball field 

underwent a $2.8 million upgrade in 2013, with 

additional improvements to the stadium in more 

recent years, while the high school softball team 

used a softball field that was constructed in 2014 

and was located behind a middle school over a mile 

away from the high school. Witnesses informed OCR 

that the route to the softball field was dangerous 

and that there was no transportation for the softball 

players walking to the softball field with their 

equipment. In addition, the baseball dugouts had 

hooks and cubbies for helmets and other items, 

which the softball dugouts did not have. Also, the 

baseball foul poles were marked with distances 

but there were not similar distance markers on 

the softball field foul poles. Regarding equipment, 

witnesses reported that baseball players typically 

received two hats each season, whereas the softball 

players had to purchase their own for the 2018 

season, and the former softball coach provided 

them with hats in prior seasons. 

The district entered into a resolution agreement with 

OCR in which it agreed to provide transportation 

for high school softball athletes and coaches to and 

from the softball field for practices and competitions 

and to ensure that the softball field dugouts have 

hooks and helmet cubbies comparable to those in 

the baseball field dugouts and that the softball field 

has distance markers and batting cages comparable 

to those at the baseball field. The district also 

committed to prepare and maintain the softball 

field surface in a manner that is appropriate for 

practice and competition, including its turf, drainage, 

grading, and more, and to have a policy in place 

for equal athletic program benefits and services to 

members of male and female teams consistent with 

Title IX. In addition, the district agreed to assess 

the equipment and supplies it provides to each 

team at the high school to ensure that all athletic 

equipment, uniforms, and other athletic supplies at 

the high school (e.g., practice balls, hats, and jerseys) 

are either provided to both male and female teams 

equally or shared equitably by both male and female 

teams. 

 27 
Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

 

SECTION 504 and 

ADA TITLE II: 

DISCRIMINATION 

Based on DISABILITY 

OCR protects the rights of persons with disabilities 

under two Federal laws in the education context. 

Section 504 of the Rehabilitation Act of 1973 

prohibits discrimination based on disability in any 

program or activity operated by recipients of Federal 

funds. It states: “No otherwise qualified individual 

with a disability in the United States...shall, solely 

by reason of her or his disability, be excluded from 

the participation in, be denied the benefits of, or 

be subjected to discrimination under any program 

or activity receiving Federal financial assistance....” 

Title II of the Americans with Disabilities Act of 1990 

(ADA) prohibits discrimination based on disability by 

public entities, regardless of whether they receive 

Federal financial assistance. It states: “[N]o qualified 

individual with a disability shall, by reason of such 

disability, be excluded from participation in or 

be denied the benefits of the services, programs, 

or activities of a public entity, or be subjected to 

discrimination by any such entity.” OCR shares 

with the Department of Justice responsibility for 

compliance with Title II with regard to educational 

institutions. 28 CFR § 35.190(b)(2). 

POLICY GUIDANCE AND RESOURCES

During FY 2021, OCR, in partnership with the 

Department’s Office of Special Education and 

Rehabilitative Services, issued a resource document 

entitled Long COVID under Section 504 and the 

IDEA: A Resource to Support Children, Students, 

Educators, Schools, Service Providers, and Families, 

providing information about the obligations of 

schools, public agencies, and postsecondary 

institutions to students and children with long 

COVID. 

ENFORCEMENT

In FY 2021, OCR received 4,870 complaints 

alleging violations of disability laws and covering 

a broad range of issues (see Figure 6). In addition, 

OCR initiated eleven directed investigations 

based on concerns about potential violations of 

disability laws. Over the course of FY 2021, OCR 

successfully resolved 4,417 Section 504/Title IIrelated complaints. The following cases illustrate 

the diversity of issues, complainants, institutions, 

geographical regions, and remedies in OCR’s 

enforcement work. 

Ensuring Equal Access to 

Comparable Educational 

Opportunities: Recruitment, 

Admissions, and Enrollment 

Sumter County School District (FL): In March 

2021, OCR resolved a complaint alleging that the 

district discriminated against a student on the basis 

of disability when she was denied admission by a 

district charter school because the school concluded 

it could not implement her Individualized Education 

Plan (IEP). In addition, the school application asked 

“Does this child/children have any special needs 

or learning disabilities?”, which is inconsistent with 

the Section 504 regulatory prohibition on such 

inquiries. OCR was also concerned that a school 

administrator stated in an interview with OCR that 

students with disabilities whose IEP required more 

than 20% time away from the general educational 

environment would not be admitted. The resolution 

agreement committed the district to invite the 

complainant to reapply to the school, remove 

the question regarding a prospective student’s 

disabilities from the application form, and provide 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

Total Number of Complaints Raising Section 504/Title II Issues, 

FY 2021 = 6,789 

Note: * Multiple issues/allegations are frequently raised in a single complaint. 

Consequently, the total number of issues raised exceeds the CMS number of 

complaints received. 

1. Includes all issues under §§ 104.44(a) (academic requirements), 104.44(c) 

(course exams), and 104.44(d), as well as §§ 35.130(b)(7) (modification of 

policies) and 35.160(b) (auxiliary aids). 

2. Includes all issues under § 104.21 (accessibility), § 104.22 (existing facilities/ 

program accessibility), and § 104.23 (physical accessibility/new construction), 

except § 104.22-1 (accessible technology). 

3. Includes § 104.22-1 (accessible technology). 

4. Includes § 35.160(a). 

5. Does not include § 104.12 (reasonable accommodation), § 104.13 (employment 

criteria), or § 104.14 (pre employment inquiries). 

6. Includes all issues under §§ 104.33-104.36 (except restraint and seclusion), i.e., 

includes FAPE (§ 104.33), Education Setting (§ 104.34), Evaluation and Placement 

(§ 104.35), and Procedural Safeguards (§ 104.36). 

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Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

 

training to relevant school staff, including teachers, 

administrators, and admissions office personnel, on 

the school’s obligations not to discriminate on the 

basis of disability and to provide a free appropriate 

public education (FAPE) to all students with 

disabilities. 

New York University (NY): In September 2021, OCR 

resolved a complaint alleging that the university 

discriminated on the basis of disability by imposing 

a housing surcharge on single dormitory rooms and 

dormitory rooms with amenities that the university 

provided as accommodations for a student’s 

disability. OCR found that during at least two 

academic years, the university charged students the 

published room rate even when a certain room type 

or housing amenity was provided as an approved 

accommodation for a disability. 

The university agreed to adopt and publish 

policies and procedures for the provision of 

housing accommodations to ensure that its 

staff do not charge students with disabilities 

approved for housing accommodations a higher 

residence hall room rate because of the need 

for the accommodation. The university also 

agreed to provide training to any university 

officials and administrators who are involved in 

evaluating requests for, making decisions about, 

and determining charges for approved housing 

accommodations. Further, the university agreed 

to assess the rates it charged to students with 

disabilities who received housing accommodations 

and submit to OCR any proposed recommendations 

for reimbursements to students who were charged 

the full rate for the rooms in which they were placed 

as an accommodation for their disability. 

Also... 

S

ee Western Reserve Local School 

District (OH), p. 38 (ensuring that 

students with disabilities have an equal 

opportunity to participate in the district’s open 

enrollment program, and requiring the district 

to conduct an individualized assessment of the 

disability-related aids and services necessary to 

provide each student with a disability a FAPE). 

Ensuring Accessibility of Programs, 

Services, and Facilities 

Arizona State University (AZ): In October 2020, 

OCR resolved a complaint alleging that the university 

discriminated against individuals with disabilities 

by not having a plan to evacuate individuals with 

disabilities in the event of an emergency at its large 

football stadium with a seating capacity of more 

than 50,000 people. During the investigation, OCR 

identified concerns with the effectiveness of the 

evacuation plan notice for visitors with a variety of 

disabilities including visual, hearing, mobility, and 

respiratory disabilities, along with a signage concern 

about the location of an elevator purportedly 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

designated for use during emergency evacuations. 

Following discussion of these concerns with the 

university, the university entered into an agreement 

with OCR to develop and implement emergency 

procedures for the stadium that will address the 

evacuation needs of students, staff, and visitors with 

a variety of disabilities in the event of an emergency, 

including information about how visitors can request 

assistance during an emergency. The university 

also agreed to provide training on the approved 

emergency procedures to all stadium staff.

Springfield R-XII School District (MO): In May 2021, 

OCR resolved an investigation that reflected a school 

principal asking the complainant, who had entered 

a stadium to watch a high school football game, to 

reveal his disability and provide documentation that 

his service dog was a qualified service animal. The 

dog was wearing a service animal vest at the time 

and was trained to perform tasks related to the 

complainant’s disability. 

The district entered into a resolution agreement 

that, in part, requires the district to provide training 

to all district employees responsible for providing 

security at district events, including administrators 

and school resource officers, on the policies, 

procedures, laws and regulations applicable to 

individuals with service animals. 

West Windsor-Plainsboro Regional School 

District (NJ): In October 2020, OCR found that on 

multiple occasions the district failed to implement 

provisions in a Section 504 Plan for a student with 

diabetes and, as a result, the student was unable to 

participate fully in district programs and activities. 

In response, the district agreed to provide training 

to all district administrators and Section 504 team 

members regarding their obligations under Section 

504 and Title II related to the development and 

implementation of Section 504 plans. 

Ensuring Appropriate Educational 

Supports for Students with 

Disabilities 

American Health University of Health Sciences

(CA): In October 2020, OCR resolved an allegation 

that the university discriminated against a student 

based on disability by failing to provide her with 

approved testing accommodations. During the course 

of the investigation, OCR identified compliance

concerns that a university professor failed to provide 

the student with her testing accommodations. 

Though the student provided notice to university 

administrators that the professor was not 

implementing her approved accommodations on at 

least two occasions, the university failed to ensure 

that she was able to receive her accommodations 

in a reasonably prompt manner. OCR also identified

concerns related to test administration when 

the university went to virtual learning due to the 

pandemic, including regarding the university’s 

obligation to engage in an interactive process with the 

student regarding her request for accommodations 

related to the university’s virtual proctoring program. 

To address the concerns OCR identified, the 

university agreed to change how the course 

appeared on her transcript; allow her to retake the 

course at no cost; engage in an interactive process 

with her regarding her disability related needs; 

and provide her with a point of contact to help her 

address any disability-related concerns in the future. 

The university also agreed to provide guidance and 

training for its employees, including the professor 

at issue in this case, regarding the university’s 

obligations under Section 504, and to develop a 

new or revised policy for responding to student 

complaints when a professor is not implementing 

accommodations. 

Ivy Tech Community College (IN): In November 

2020, OCR resolved a complaint alleging the college 

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Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

subjected a hearing-impaired student to disability 

discrimination when it failed to provide the student 

with academic adjustments and auxiliary aids in 

various classes and review sessions. OCR identified 

compliance concerns regarding the college’s 

provision of necessary academic adjustments and 

auxiliary aids for the student, including when the 

student went without a notetaker for 6 weeks of an 

8-week course in one term and the first portion of 

the two courses in the following term and ultimately 

had to locate his own notetaker for one course. 

The college agreed to allow the student the choice 

in the affected courses of recalculated grades or an 

opportunity to re-take the courses at no cost with 

the appropriate aids or adjustments. Further, the 

college agreed to evaluate its process for recruiting, 

hiring, and retaining notetakers for students with 

disabilities, as well as its process for providing 

auxiliary aids for deaf and hard-of-hearing students 

on short notice and to offer an effective alternative 

should necessary services become unavailable. 

Finally, the college agreed to train staff on its policies 

for providing approved adjustments and process 

for determining if a student was denied effective 

services. 

Community High School of Vermont (VT): In 

September 2021, OCR resolved a compliance review 

examining whether the school, located within the 

Vermont Department of Corrections and enrolling 

incarcerated adults into a high school diploma 

curriculum, was providing qualified students with 

disabilities a FAPE. Early in OCR’s compliance review, 

OCR learned that the school did not have written 

standards and procedures for the evaluation and 

placement of students with disabilities, including 

for exiting students from services. The school 

subsequently developed and revised its Section 

504 policies and procedures, but OCR continued 

to identify concerns as to internal consistency, 

adherence to definitions of “disability” consistent 

with Federal law, and procedural requirements 

regarding the identification, referral, and evaluation 

of students who need or are believed to need special 

education or related services. OCR’s review also 

identified concerns about whether school personnel 

were using valid tests to assess students’ disabilityrelated needs, after OCR identified case files in 

which staff may have made these determinations 

based exclusively on academic performance such as 

written expression, math calculation, and writing/ 

spelling, but did not address emotional or behavioral 

services. 

The school, along with the Vermont Department of 

Corrections, entered into a resolution agreement in 

which the school agreed to revise in full its policies 

and procedures for the evaluation and placement 

of students with disabilities to comply with Section 

504 and Title II starting from the point at which the 

Vermont Department of Corrections identifies a 

student as eligible for enrollment in the school; to 

provide training to relevant staff, including Vermont 

Department of Corrections case managers, based 

on the approved policies and procedures; and to 

reconsider eligibility for Section 504 services for 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

students who had been exited from services and to 

provide compensatory services where appropriate. 

Cypress-Fairbanks Independent School District 

(TX): In April 2021, OCR resolved a complaint 

alleging that the district failed to timely evaluate a 

student for special education or related services. 

OCR’s investigation found that the district did not 

complete a Section 504 evaluation for more than 

two years, and then only after a request from the 

complainant. However, the district was aware more 

than two years earlier that the student was taking 

medication used to treat a disability, the school 

began administering that daily medication for the 

student more than a year earlier, and the evidence 

indicated the district was aware that the student 

struggled both academically and behaviorally. 

To resolve the complaint, the district agreed to 

policy revision as needed with respect to Section 504 

and Title II evaluations, training provision to district 

staff located at the elementary school attended by 

the student, and evaluation to determine whether 

compensatory education services are necessary 

for the student as a result of the district’s failure to 

timely conduct an evaluation under Section 504 and 

Title II. 

Also... 

S

ee Portland Public Schools (ME), p. 

21 (resolving two complaints by English 

Learner students with the district’s 

commitment to systemically revise its entire 

plan for providing appropriate services to its 

EL students, including appropriate evaluation 

and provision of services to EL students with 

disabilities). 

Addressing Civil Rights Related to 

Restraint and Seclusion 

Knox County Schools, Tennessee (TN): In June 

2021, OCR resolved a compliance review of the 

district’s use of restraint and seclusion. During the 

investigation, OCR obtained evidence indicating 

that IEP teams did not consistently make an 

individualized determination of the maximum 

allowable restraint and seclusion times for students 

and did not consistently include or involve persons 

knowledgeable about students’ evaluation data 

when making or revising student plans. The teams 

also did not consistently consider updated and 

comprehensive data for students including, for 

example, data about the frequency of student 

behaviors that resulted in restraint or seclusion – 

nor did they consider whether additional supports 

or types of services would enable the district to 

better meet the needs of students or whether 

those students who were not classified as having 

disabilities may have had disabilities. OCR also 

obtained evidence that students were not receiving 

educational services during periods of restraint and 

seclusion. 

The resolution agreement requires that the 

district: 1) conduct internal reviews to determine 

whether the district provided FAPE to students 

with disabilities who were subjected to restraint 

or seclusion during the 2017-2018 and 2018-2019 

school years and if not, determine whether any 

additional services were needed to remedy a denial 

of FAPE; 2) evaluate students without disabilities 

who were restrained or secluded to determine 

whether they may be students with disabilities who 

require services under Section 504 and Title II; 3) 

revise its record-keeping policies and procedures 

concerning restraint and seclusion; and 4) provide 

additional staff training on the requirements of 

Section 504 and Title II, including the requirement 

 33 
Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

that students subjected to restraint and seclusion be 

provided with a FAPE. 

Parker Unified School District (AZ): Based on 

a comprehensive review of documentary and 

testimonial evidence, an August 2021 resolution 

identified violations of Section 504 and Title II and 

compliance concerns about the district’s use of 

restraint and seclusion and related denials of FAPE 

to affected students with disabilities. Specifically, 

OCR found that the district failed to properly 

evaluate or reevaluate students who had individually 

been subjected to as many as sixty restraints in 

a year. OCR also identified concerns regarding 

missed instruction resulting in denials of FAPE 

where the district removed students from their 

regular classrooms and lacked evidence of their 

receiving special education and related services. 

During the review, OCR also identified a violation 

and compliance concern regarding the provision 

of FAPE at a district alternative school, where OCR 

discovered a district practice to ask parents of 

students wishing to enroll at the alternative school 

to waive their students’ right to receive special 

education or related services. 

The district entered a resolution agreement to, 

among other remedial steps, develop policies 

and procedures concerning the use of restraints 

and seclusion in its schools, periodically train 

administrators and teachers on these policies and 

procedures, establish an improved record-keeping 

system, and evaluate students identified in OCR’s 

review for appropriate special education services, 

including compensatory educational services. 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

National Digital Access Team 

Safeguarding the Accessibility of Educational Technology 

OCR’s National Digital Access Team 

(NDAT) enforces Section 504 and Title 

II in a digital context, addressing digital 

access barriers often in real time and 

supporting schools to ensure that 

digital access is equally available for 

people with disabilities and for people 

without disabilities. 

During FY 2021, OCR closed 190 directed 

investigations and 19 complaint investigations after 

NDAT worked with recipients to bring their online 

programs, services, and activities into compliance 

with the law. NDAT worked with 193 recipients 

to address digital accessibility barriers, resolving 

these investigations without the need for resolution 

agreements because NDAT’s comprehensive, 

individualized technical assistance successfully 

removed barriers to access. NDAT also secured 16 

resolution agreements from recipients needing 

more time to come into compliance. 

NDAT members engaged in substantial outreach and 

technical assistance throughout FY 2021, including 

giving 56 formal presentations on digital accessibility 

that reached thousands of audience members. 

Recognizing that schools and districts rely on private 

companies to provide the technology necessary 

for many of their digital services, NDAT has also 

provided technical assistance that helped dozens of 

companies provide more accessible products to the 

recipient community, making it easier for recipients 

to come into compliance with the law. 

The following cases illustrate some of the types of 

OCR’s enforcement work that ensures equal access 

to digital materials for people with disabilities: 

Arlington Public Schools (VA): In September 2021, 

OCR resolved a complaint about the accessibility of 

digital programs and services the district offered to 

students and families when schools were closed, 

beginning in March 2020, due to the COVID-19 

pandemic. OCR’s investigation examined whether 

blind parents were able to access their kindergarten 

son’s remote learning management system (LMS) 

and PDF document work packets. OCR tested the 

accessibility of the LMS on a computer web browser 

and also tested various PDF document work packets. 

This testing identified various compliance concerns 

including, for example, some instances where users 

with disabilities who use computer keyboards 

for navigation due to a disability would not have 

access to all contents and functions in the LMS. 

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Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

Other compliance concerns related to access to 

certain important graphics or images in the learning 

management system and PDF work packets that 

were missing meaningful alternative text, posing 

a barrier to people with vision disabilities who use 

screen readers. The district entered a resolution 

agreement in which it committed to work with 

OCR and the software vendor to ensure that the 

LMS software is successfully updated to make 

it accessible for individuals with disabilities. The 

district also agreed to provide interim measures 

in any classrooms that use the software while 

updates are being made to ensure individuals with 

disabilities have equally effective alternative access 

to all class content and functionality. In addition, the 

district agreed to provide training to appropriate 

staff members regarding the development and 

deployment of those interim measures and of 

accessible electronic documents. 

University of North Texas – Denton (TX): In 

December 2020, OCR resolved allegations that the 

university discriminated against individuals with 

disabilities for its use of an LMS by the Spanish 

Department that was not accessible to individuals 

who are blind and who use screen readers. OCR 

reviewed the report provided by the university of an 

internal study that highlighted known accessibility 

concerns including, for example, the lack of 

alternative text presentations for graphics in online 

assignments and the misidentification of language 

(Spanish) necessary to cue assistive technology 

so it could appropriately read document text out 

loud. The university agreed to ensure that the LMS 

and related digital course materials were made 

accessible to individuals with disabilities for all 

courses in the Spanish Department, provide notice 

of its plan to ensure digital accessibility to external 

vendors of the applicable software, and conduct 

mandatory training through the university’s Center 

for Learning Experimentation, Application, and 

Research to Spanish Department faculty and staff. 

Cabarrus County Schools (NC): A September 

2021 resolution identified concerns, based on 

the evidence obtained during investigation, that 

technological barriers may have impeded the ability 

of some students with disabilities to access some 

of the district’s course materials that were provided 

digitally, and that the alternative means utilized by 

the district to present that course content may not 

have provided equal access for some students with 

disabilities. 

The resolution agreement requires the district to 

ensure that all applications or other digital means of 

delivering course material—or alternative means of 

presenting that material—comply with accessibility 

standards that OCR approves. 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

Eliminating Retaliation for 

Exercising Civil Rights 

Pioneer Technology and Arts Academy (TX): 

In May 2021, OCR resolved a complaint alleging that 

a student and parent were subjected to multiple 

incidents of retaliation because the parent filed a 

state disability complaint against the Academy and 

otherwise advocated for the student’s disabilityrelated needs. OCR had compliance concerns based 

on evidence indicating that the student’s emails 

were deleted; the school prohibited the parent from 

communicating with certain personnel based on 

unsupported allegations that the parent harassed 

staff; a school official sat in on the student’s classes 

and allegedly followed the student around the 

school; the same official prevented communications 

between school staff and the parent, stressing 

“loyalty” to the school in conversations with staff; the 

school contacted police when the parent appeared 

at school; and the school informed the parent 

that she could not go on campus to pick up school 

lunches or school supplies. 

In the resolution agreement, the school agreed to 

lift the prohibitions on communications between 

the parent and school staff and to ensure the 

parent has the same opportunities to communicate 

with teachers and staff and visit the campus as all 

other parents and guardians of currently enrolled 

students; to review and ensure the integrity of the 

student’s email account; to notify the parent of the 

school official’s observations of the student’s classes 

during the remainder of the 2020-21 academic year; 

to draft policies relating to the Academy’s use of law 

enforcement on the campus; and to conduct training 

for all campus administrators and staff on the antiretaliation provisions in Section 504 and Title II. 

Adrian College (MI): In September 2021, OCR 

resolved two complaints alleging that the college 

released a Black student from an intercollegiate 

athletics team because of the student’s race and 

retaliated against the student by issuing the student 

a sanction letter that threatened to suspend or 

expel the student from the college after the student 

filed an OCR complaint. Prior to the student’s 

release from the team, the student was a highly 

accomplished player with a leadership role on the 

team. The head coach could not indicate what 

behavior by the student or which team policy 

the student violated led to her dismissal. OCR’s 

investigation revealed that the college did not follow 

its own progressive discipline policy before removing 

the student from the intercollegiate athletics 

team and that it was unable to identify any code 

of conduct violation that led to her removal. The 

information reviewed by OCR also raised concerns 

about whether the college’s issuance of the sanction 

letter was retaliatory, as it was issued only a few 

weeks after the student notified the college of the 

student’s first OCR complaint.

The resolution agreement required the college to 

provide staff training on Title VI’s prohibition on 

discrimination, including Title VI’s protection against 

different treatment based on race, color, or national 

origin and against retaliation for activity protected 

37 
Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

under Title VI. The college also agreed to issue a 

letter to the student stating that the college did not 

follow its internal policies in dismissing the student 

from the team and notifying the student that the 

college is committed to maintaining a campus 

environment free from discrimination. In addition, 

the college committed to develop and implement 

a procedure to ensure that any decision to remove 

players from the team at issue is reviewed by a 

non-coach administrator to ensure that Federal civil 

rights laws have been followed. The college also 

agreed to develop and implement a procedure to 

ensure that any decisions to issue notices such as 

the notice issued to the student are reviewed by 

more than one administrator to ensure consistency 

with Federal civil rights laws. 

Western Reserve Local School District (OH): In 

September 2021, OCR resolved a complaint alleging 

that in denying a prospective student’s openenrollment request, the district discriminated based 

on disability and retaliated because the student’s 

parent advocated on behalf of the student’s sibling, 

who also has disabilities and was already enrolled 

in the school. OCR found information supporting a 

connection between the student’s denied request 

and the parent’s advocacy for the student’s sibling 

and concluded that the student was subjected 

to an adverse action because of the student’s 

parent’s disability-related advocacy. During the 

investigation, the district asserted that it had a 

legitimate non-discriminatory reason for denying 

the student’s open enrollment request because 

the student required speech and language services 

as part of his IEP, which were not available at the 

district. However, OCR received information during 

the investigation that the services required by the 

student’s IEP were in fact available in the district, 

giving rise to a concern about retaliation against the 

student in violation of Section 504 and Title II. 

To resolve the investigation, the district agreed to 

invite the student’s parent to submit a new open 

enrollment application for the student for the 

2022-2023 school year and notify the parent that 

the district will not deny the application on the 

basis of the student’s disability and will conduct an 

individualized assessment regarding the services 

needed to provide the student with a FAPE. The 

district also agreed to revise and submit to OCR for 

review and approval its open enrollment policy and 

regulations to ensure that students with disabilities 

have an equal opportunity to participate in the 

district’s open enrollment program, and that the 

district will conduct an individualized assessment 

of the disability-related aids and services necessary 

to provide each student with a disability a FAPE. 

After OCR’s approval, the district will adopt, 

implement, and disseminate the approved policy 

and regulations. 

 38 
Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

ENFORCEMENT 

ACTIVITY UNDER 

OTHER STATUTES 

OCR also has jurisdiction over two additional civil 

rights laws: the Age Discrimination Act of 1975 and 

the Boy Scouts of America Equal Access Act (2001). 

THE AGE DISCRIMINATION ACT OF 1975

The Age Discrimination Act of 1975 prohibits 

discrimination based on age in programs or activities 

that receive Federal financial assistance. This 

prohibition extends to all state education agencies, 

elementary and secondary school systems, colleges 

and universities, vocational schools, proprietary 

schools, state vocational rehabilitation agencies, 

libraries, and museums that receive Federal 

financial assistance from the U.S. Department of 

Education. Programs or activities that receive such 

funds must provide aids, benefits, or services in a 

nondiscriminatory manner. These include (but are 

not limited to) admissions, recruitment, financial aid, 

academic programs, student treatment and services, 

counseling and guidance, discipline, classroom 

assignment, grading, vocational education, 

recreation, physical education, athletics, and 

housing. Though the Act does not limit protections 

against discrimination to a certain age group, it does 

allow for exceptions such as when colleges offer 

special programs that are geared toward providing 

special benefits to children and the elderly. 

In FY 2021, OCR received 1,149 complaints under 

the Age Discrimination Act6 and resolved 1,006 

complaints. Common remedies in OCR resolutions 

under this law include provisions that require 

training for staff, updating and disseminating 

nondiscrimination policies, and investigation by the 

institution into the specific incidents that resulted in 

the allegation of age discrimination. 

THE BOY SCOUTS OF AMERICA EQUAL 

ACCESS ACT (2001)

OCR also enforces the Boy Scouts of America Equal 

Access Act. Under this 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 at the school, before or after school hours, 

shall deny equal access or a fair opportunity to 

meet or otherwise discriminate against any group 

officially affiliated with the Boy Scouts of America or 

any other youth group listed in Title 36 of the United 

States Code as a patriotic society. In FY 2021, OCR 

received 5 complaints under the Boy Scouts Act and 

resolved 11 complaints. 

 39 
Safeguarding STUDENTS’ CIVIL RIGHTS UNITED STATES DEPARTMENT OF EDUCATION | FY 2021

LOOKING AHEAD 

OCR’s abiding goal is to ensure that all students – 

irrespective of their race, ethnicity, national origin, 

sex, or disability – are afforded equal access to 

education, from preschool through postsecondary 

education. The preceding pages illustrate OCR’s 

activities in FY 2021 to fulfill this mission for 

students. 

In the future, addressing the rising number of civil 

rights complaints will be challenging for OCR, which 

must continue to investigate and resolve cases with 

rigor and speed to protect students’ civil rights and 

ensure they have equal access to education. With 

our dedicated and expert staff, and with sufficient 

resources, OCR can and will succeed in meeting this 

obligation. 

We look forward to continuing to execute Congress’ 

mandate of nondiscrimination for students 

nationwide. 

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Report to THE PRESIDENT and SECRETARY OF EDUCATION OFFICE FOR CIVIL RIGHTS | FY 2021

 

 

 

 

 

ENDNOTES 

1 Executive Order on Supporting the Reopening and Continuing Operation of Schools and Early 

Childhood Education Providers. Exec. Order No. 14000, 86 Fed. Reg. 7,215 (Jan. 26, 2021). 

2 OCR anticipates receiving 28,457 complaints in fiscal year 2022, which is 70% higher than the 16,720 

complaints received in FY 2016, the highest number of complaints received on record. Excluding the 

thousands of complaints filed by a small number of complainants, OCR projects a total of 10,843 

complaints in fiscal year 2022, an increase of 22% over the number received in fiscal year 2021. 

3 OCR has not disclosed the actual name of the institution in this case because of privacy 

considerations. 

4 On January 15, 2021, OCR issued Part 1 and Part 2 of a Questions and Answers document regarding 

implementation of the Department’s Title IX regulation. Questions and Answers on the Title IX 

Regulations on Sexual Harassment, included in the text above, provides updated information 

for schools, students, families and the public, and clarifies how OCR interprets schools’ existing 

obligations under the 2020 amendments to the Department’s Title IX regulations, including the 

areas in which schools have discretion in their procedures for responding to reports of sexual 

harassment. 

5 OCR has not disclosed the actual name of the institution in this case because of privacy 

considerations. 

6 407 of these complaints were filed by one complainant.

 41