U.S. Department of

Education

 Office for Civil Rights

Fiscal Year 1998

Annual Report to Congress

Guaranteeing Equal Access

to High-Standards Education
MISSION:

To ensure equal access to education

for all students through

the vigorous enforcement of civil rights.

THOSE WE SERVE:

We serve students facing discrimination.
MESSAGE FROM THE ASSISTANT SECRETARY

In fiscal year 1998, the Office for Civil Rights continued its civil

rights enforcement program in a collaborative style. Our even-handed

approach is people-intensive. For example, we build relationships with

school districts, colleges and community groups to resolve cases

amicably, and to ensure that remedies are fully implemented. These

efforts require a highly trained staff who are both dedicated and

motivated.

At the beginning of the civil rights movement of the 1960s and

during the early days of this agency, we focused on school districts and

colleges that were operating flagrantly discriminatory education

systems. Contemporary equity issues are more complex and subtle. In

addition to these complicated issues, we also must harmonize

enforcement with high standards in education. We must guarantee

equal access not only to basic, high-quality education but to programs

for gifted and talented students. We seek both parity and excellence: for

without both, there can be no true equity.

Our job is far from over. For example, too few black men are

entering and graduating from college. The needs of many Englishlearning students are not being met. Women athletes are not receiving

an equitable share of scholarships. The high-school drop-out rate for

Latino students is higher than it ever has been. Disabled students are

too often denied the most basic services they need to learn. In short,

our workload is as heavy as ever.

In fiscal year 1998, our work positively changed the lives of a

greater number of students than we ever have done before. Our

continued goal is to serve more children and adult learners through our

partnerships with educators, and parent and community groups.

We ask you to join us in the commitment to guarantee equal

access to high-standards education.

Respectfully submitted,

Norma V. Cantú
TABLE OF CONTENTS

Page

 1 GUARANTEEING EQUAL ACCESS TO HIGH-STANDARDS

EDUCATION

 3 RESPONSIBILITIES OF THE OFFICE FOR CIVIL RIGHTS

 5 HOW THE OCR DOES ITS WORK

 6 The OCR Investigates Complaints

 7 The OCR Conducts Compliance Reviews

 8 The OCR Gives Technical Assistance

10 HOW THE OCR MEASURES ITS WORK

11 A RIGHT-SIZED OCR

11 Fig. 1, Appropriation and Workload, FY 1990 - 1998

14 THE OCR'S NATIONAL IMPACT

14 Fig. 2, Complaint Receipts By Basis, FY 1998

15 Fig. 3, Complaint Receipts And Resolutions, FY 1990 -

1998

17 HOW THE OCR SERVES STUDENTS AND THEIR SCHOOLS

17 On the Basis Of Disability

21 On the Basis Of Race, Color and National Origin

25 On the Basis Of Sex

29 INTO THE NEXT CENTURY

APPENDICES:

31 OCR Publications

33 OCR Offices
Page 1 - 1998 Annual Report to Congress

GUARANTEEING EQUAL ACCESS

TO HIGH-STANDARDS EDUCATION

The greatest social legacy of the twentieth century is the

movement toward equal rights for all Americans. Within this civil rights

challenge, a paramount issue has always been one of educational

access: how can we, as a nation, achieve equal access to high-quality

education for all people, no matter what their race, color, national

origin, sex, disability or age?

Earlier in the century, civil rights focused on one issue, which

was race.

The scholar John Hope Franklin said that "the problem of the twentyfirst century will be the problem of the color line .... By any standard of

measurement or evaluation the problem has not been solved in the

twentieth century, and thus becomes a part of the legacy and burden of

the next century."

However, through federal and state action, the work of education,

community and religious groups, and the singular effort of those strong

individuals who would not give up the struggle for equality, tremendous

strides have been made in the last half of this century. The actions of a

wide range of people helped thousands of young people to reach their

potential. The progress is not limited to the issues of race and color that

Franklin described. As we move toward the next millenium, we are

equally concerned about the civil rights based on a person's national

origin, sex, disability or age.

The civil rights issues in education appeared clear-cut at one

time in the recent past: some children were served by well-maintained

school buildings with state-of-the-art science labs, while others were

assigned to dilapidated schoolhouses that served up decades-old

secondhand textbooks. The pipeline to a first-rate education was wide

open for many children but virtually closed to others. Although many

of these gross inequities have been eradicated, other disparities remain

– some easily visible; many more, less so. These more complex issues –

No American child

deserves to get a secondclass education.

President William J.

Clinton
Page 2 - 1998 Annual Report to Congress

such as how schools should give all children equal access to the most

challenging coursework possible – are those that the Office for Civil

Rights (OCR) currently is working to address.

The civil rights issues relevant to American students and their

classrooms are dynamic and ever-changing, and so those of us with

federal responsibility for correcting education inequities still have work

to do. Who, at the beginning of the struggle for civil rights, would have

foreseen that by the end of the century the majority of student and

parent civil rights complaints would focus on student disabilities? Who

would have anticipated that large numbers of racial minority students

would be placed inappropriately in special education classes or denied

fair access to gifted and talented programs? Or that there would be the

need for federal guidance to be issued on sexual harassment in the

classroom? Or that there would be a great number of children – born in

more than 150 foreign countries – entering American schools as

English-language learners? These are some of the current issues with

which the OCR grapples every day, and they are the topics that require

a specialized federal work force: statisticians, linguists and

psychometricians as well as investigators and attorneys.

As we move into the twenty-first century, our national concern

remains centered on quality of education: how well are our students

performing? All our students ultimately must be equipped to fulfill the

new technological needs of the nation's manufacturing and service

industries, as well as to fulfill their own potential in those and other

areas of endeavor. After all, our country's standing rests on issues too

crucial and too extensive to be served by only a small proportion of the

population. In order to maintain our national place in the competitive

global marketplace, every American must have equal access to the

highest-quality education possible.
Page 3 - 1998 Annual Report to Congress

The OCR will play a critical role in helping the nation reach its

competitive goal by guaranteeing equal access to high-standards in

education. All students must be prepared to meet the new challenges of

the next century. There should be no discriminatory barriers that stand

in their way; the pipeline to high-quality schooling must be wide

enough for everyone's passage. The OCR is dedicated to breaking down

any civil rights obstructions that block or narrow the path to national

educational excellence. At the same time, the agency will work with

school and college officials, community groups, and students and

parents, to build and reinforce those systems and methods that

support full access to high-standards education. The OCR's work will

assist every student – regardless of race, sex or disability – to achieve

the best work possible in the nation's schools and colleges.

The most important

thing we can do to

strengthen our country

for the twenty-first

century is to give our

people the best

education system in the

world.

President William J.

Clinton
Page 4 - 1998 Annual Report to Congress

RESPONSIBILITIES OF THE OFFICE FOR CIVIL RIGHTS

The OCR is the agency within the United States Department of

Education (ED) that regulates and enforces civil rights laws against

discrimination in programs and activities receiving federal financial

assistance. In limited cases, the OCR carries out this role for the 18

other federal agencies that have delegated their civil rights compliance

activities to the agency. The OCR's authority is derived from the

Department of Education Organization Act, 20 U.S.C. 3401, et seq.

The OCR enforces five laws that prohibit discrimination on the

bases of race, color, national origin, sex, disability and age. They are:

< Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits

race, color and national origin discrimination;

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

prohibits sex discrimination;

< Section 504 of the Rehabilitation Act of 1973 (Section 504), which

prohibits disability discrimination;

< Age Discrimination Act of 1975, which prohibits age discrimination;

and

< Title II of the Americans with Disabilities Act of 1990 (Title II), which

prohibits disability discrimination by any public entity.

These widespread civil rights laws reach virtually the entire scope

of education in this nation, as nearly all education institutions in the

nation – from elementary through graduate or professional schools –

receive federal financial assistance. The OCR's broad coverage extends

to activities, practices and policies of:

< nearly 15,000 public school districts;

< more than 3,600 colleges and universities;

< approximately 5,000 proprietary organizations, such as training

schools for truck drivers and cosmetologists; and

< thousands of public libraries, museums and vocational

rehabilitation agencies.

The ideals behind this

and other civil rights

legislation are ones we

all should strive for –

building a society that

celebrates the

differences and abilities

of all of its citizens.

Secretary of Education

Richard W. Riley
Page 5 - 1998 Annual Report to Congress

A staggering number of students and others are affected by the

OCR's work. Our statutory responsibilities cover these people:

< 52.2 million students attending elementary and secondary schools;

< 14 million students attending colleges and universities, as well as

the millions of applicants to these colleges and universities;

< tens of thousands of students attending proprietary schools;

< thousands of students in vocational rehabilitation agencies; and

< millions of people using libraries and museums.

The focus of the agency is on the provision of equal access to

programs and services to students and to student applicants. Although

people seeking employment in education, or those already employed by

schools and colleges, are generally protected under the OCR's statutes,

the agency's authority over employment cases is limited. We refer the

great majority of the employment cases in education to the Equal

Employment Opportunity Commission.

The OCR also carries out civil rights provisions for the Magnet

Schools Assistance program (Title V, Part A of the Elementary and

Secondary Education Act). In the last fiscal year, for example, we

reviewed magnet school applications and provided civil rights

assistance to these applicant schools.
Page 6 - 1998 Annual Report to Congress

HOW THE OCR DOES ITS WORK

The Office of the Assistant Secretary for Civil Rights, located in

Washington, D.C., provides overall leadership, support and

coordination to the 12 enforcement offices throughout the country. The

headquarters office also issues policy clarifications to help educators

met their civil rights obligations when new issues emerge or when

legislation, referendum and court decisions take place. In fiscal year

1998, new policy was disseminated on a number of issues.

< Secretary Richard W. Riley, with input from the OCR, issued a Dear

Colleague letter on the importance of schools having electronic and

information technology that is accessible to students with

disabilities.

< Secretary Riley, with the OCR's input, issued a Dear Colleague letter

to chief state school officers and district superintendents of their

obligation regarding sexual harassment. The letter served to follow

up the United States Supreme Court ruling in Gebser v. Lago Vista

Independent School District.

< The Assistant Secretary for Civil Rights and the Assistant Secretary

for Special Education and Rehabilitative Services issued a joint Dear

Colleague letter on including students with disabilities in all

education reform activities and, in particular, in statewide

assessments of these reforms.

< The OCR issued two letters clarifying the application of Title IX to

athletic scholarship awards for intercollegiate athletic programs.
Page 7 - 1998 Annual Report to Congress

The OCR carries out its civil rights compliance responsibilities through

a number of activities, including complaint investigations, compliance

reviews and technical assistance. A large share of the agency's work is

devoted to investigating civil rights complaints filed by students,

parents and others. Although it is difficult to predict what complaints

will be filed, the OCR monitors current trends through analysis of its

complaint data. The OCR also conducts agency-initiated compliance

reviews on issues deemed critical within education and civil rights

fields. To assist others in understanding and complying with the

nation's civil rights laws, the agency also provides cost-effective

assistance, in the form of workshops, conferences, and publications

and other outreach services, to help schools and colleges, and their

students and employees.

he OCR Investigates Complaints

Any person may file a complaint with the OCR if he or she

believes someone has suffered discrimination due to race, color,

national origin, sex, disability or age in a federally funded education

program or activity. The person who files the complaint does not have

to be the one who experienced discrimination; for example, parents

often file complaints on behalf of their elementary- or secondary-school

children. In fact, anyone may file a complaint on behalf of any other

person or group of people.

The goal of the OCR is to resolve the complaint allegations

promptly, fairly and appropriately. The agency has found that the best

way to resolve problems is a collaborative approach among students,

parents, community groups, state education agencies, and schools and

colleges. We realize that these different stakeholders have a common

interest in ensuring a high quality education for all students, and we

also recognize our need to consider their unique perspectives. In

addition, the involvement of these citizens – no matter how diverse their

interests may appear to be – results in their mutual ownership of the

problem's resolution. We remain convinced that the best and most

effective solutions to allegations of discrimination come from these

There are not words to

express my appreciation

for your efforts. I don't

know when I have

worked with issues

where there were so

many complex steps

needed to be taken and

where they were so

efficiently completed.

Thank you for this.

Letter from Parent to

OCR Investigator

T
Page 8 - 1998 Annual Report to Congress

collaborative approaches.

The OCR is creative in its use of techniques to resolve complaints

and it allows these methods, or any combination of them, to be used at

any time to reach resolution. For example, the agency may help move

the student or parent and the school or college toward an agreement on

how to resolve the complaint. In another technique, the OCR may

negotiate an agreement resolving the allegations raised by the student

or parent. Of course, the OCR may also determine that there is not

enough evidence to support a finding of a civil rights violation. In other

situations, the agency may make a finding, based on its investigation,

and negotiate an agreement with the school or college.

These methods are effective because they:

< provide timely intervention at the beginning of the complaint

process;

< focus on achieving positive change; and

< put the concerns of students, parents and school administrators at

the center of the issue.

Through these non-adversarial approaches, the OCR resolves

civil rights violations. The agency tries every logical means to end

disputes by working with students and parents, and with schools and

college officials. Rarely does the OCR need to move to formal

enforcement; however, it will take this step when all other alternatives

fail.

he OCR Conducts Compliance Reviews

To combat discrimination effectively, the OCR reviews the

policies and practices of education institutions to ensure their

compliance with law. It cannot rely solely on complaints filed by

students and others as these complaints may focus, in any one year, on

education issues that are not fully representative of the most acute civil

rights problems. Therefore, the agency initiates compliance reviews to

balance its enforcement program by looking at areas and issues that

may be under-represented by complaints. Also, the agency designs its

T
Page 9 - 1998 Annual Report to Congress

compliance reviews to benefit the greatest numbers of students. These

reviews make the best use of the agency's resources, as well as balance

its enforcement program.

During fiscal year 1998, the OCR initiated 102 reviews and it

completed 100 reviews, some of which were started in earlier years. The

reviews initiated focused on:

< discrimination against minorities in special education and remedial

courses;

< discrimination against minorities in gifted and talented and other

advanced placement courses;

< access to programs for English-language-learning students;

< racial harassment;

< discrimination on the basis of sex in athletics; and

< desegregation in higher education, and in elementary and secondary

school systems.

The OCR uses the best information available to select issues and

schools for review. Education and civil rights groups, community

organizations, parents and the media all contribute a variety of

knowledge used in the agency's decision-making. The OCR backs up

these facts with statistical data from such sources as the Elementary

and Secondary School Civil Rights Compliance Report, which it

administers. Since 1968, this survey has been the chief source of data

collection on the status of civil rights in the nation's schools. One-third

of the nation's school districts are included in its biennial

representative sample.

he OCR Gives Technical Assistance

Putting an end to discrimination includes preventing it before it

starts. It is for this reason that the OCR provides information and other

support services –known as technical assistance – to schools and

colleges, as well as to community, student and parent groups. The aid

that the OCR gives to education institutions helps them comply with

federal civil rights requirements, while the assistance given to students

and others informs them of their rights under law regarding equal

T
Page 10 - 1998 Annual Report to Congress

access to high-quality education. 

One example of the timely assistance given by the OCR to school

districts and state education departments is the work of the OCR's San

Francisco office. California's Proposition 227, which passed in June

1998, requires school districts to redesign their education programs for

the state's 1.4 million English-language learners. Before the start of the

new school year, districts had to develop new curriculum, obtain new

teaching material, revamp student and teacher assignments, and

educate teachers and parents about new state requirements. The OCR

assisted California districts by working with the state education

department to offer a series of workshops focusing on federal law in the

context of the new state law. The workshops began in September and

are being given at school districts and county offices of education.

Technical assistance is given by the OCR's headquarters and 12

enforcement offices through a variety of methods that include on-site

consultations, conferences, training, community meetings and

published materials. A customer service team in the agency's headquarters office in Washington, D.C.. serves as the first point of contact

for students, parents, educators and community members who need a

question answered, who want a copy of one of the OCR pub-lications,

or who have a Freedom of Information Act request. In ad-dition to the

headquarters team, each of the 12 enforcement offices includes a staff

member serving as a liaison to the customer service team.

The agency serves the public through its web page at the address

http://www.ed.gov/offices/ocr. The agency also operates an 800

telephone line [1-800-421-3481] that is staffed during business hours,

eastern time. Calls and letters requesting assistance come from other

federal agencies, state agencies, local school districts, community

groups, and parents and students. Nearly 5,000 hotline phone

inquiries were answered by the customer service team in the last fiscal

year and just about all these questions were answered through this

single point-of-contact. The team also responds to an increasing volume

of e-mail.

This conference should

not be viewed as a onetime event. It should be

the beginning of a longoverdue process to bring

together the federal, state

and local structures with

voluntary parent

agencies and other

stakeholders.

Parent group

representative

The conference provided

me with an update on the

current issues as they

related to serving

language-minority

students. All sessions

were very informative.

Thank you.

State education agency

official
Page 11 - 1998 Annual Report to Congress

HOW THE OCR MEASURES ITS WORK

The OCR's aim is to accomplish its functions as efficiently as

possible. To achieve this goal in fiscal year 1998, we worked with a

broad cross-section of people to define the positive changes we want to

achieve. We concluded that the most meaningful way to demonstrate

the OCR's high performance is by its impact on five major areas.

< Access: We often use the word "pipeline" to indicate access to highquality education, which is a right of every child in the nation.

Unfortunately, for some children the pipeline is narrow and they do

not get through due to their race, limited-English-language ability,

disability or sex. The OCR works to widen this pipeline so that

access to high-quality education increases each year.

< Number of students affected: Depending on the civil rights issue

under resolution, the number of students may be counted as those

directly affected by OCR's work (for example, the number of Englishlearning students) and as those who comprise the student body (for

example, a school district that issues a new sexual harassment

student handbook affects its entire student population).

< Increased compliance: This number reflects the policies, procedures

or practices that were amended to comply with federal civil rights

laws within our jurisdiction. Each school district or college that

agrees to make a correction as a result of intervention by the OCR

counts as a compliance change, as do changes coming about

through technical assistance.

< Efficient resolution of complaints: This measure is to resolve 80

percent of complaints within 180 days of their receipt by the OCR.

< Successful partnerships: The process of working with educators and

with community, parent and student groups is as important as

resolving the issue. Through our collaborative efforts, we can

educate school people and others about the importance of equal

access to high-standards learning, and we can help them internalize

these goals. A partnership is counted as successful each time we

reach out to school officials and work together as colleagues – rather

than as adversaries – to achieve strong civil rights compliance.
Page 12 - 1998 Annual Report to Congress

A RIGHT-SIZED OCR

In fiscal year 1998, Congress appropriated $61.5 million to OCR.

The appropriation was a much-needed increase for the agency,

reflecting a

12-percentage-point rise above the prior year. For the OCR, the 1990s

had been a period of austerity. For example, in fiscal year 1997, the

OCR staff level was at its all-time low, following several years of severe

under-staffing due to insufficient funding. In that year, the office only

had 700 staff nationwide, including just 101 attorneys in the

enforcement offices. Caseload level at that point was 1:67. 

At the beginning of fiscal year 1998, the OCR had a staff level of

661 people on board, which was the fewest number of staff at any time

since the 1980 creation of ED. In fiscal year 1998, the Congress

recognized this shortfall by fully funding the agency for the first time in

a decade. At the year's end, the ratio of attorneys in the enforcement

offices to complaint caseload was 1:47.
Page 13 - 1998 Annual Report to Congress

APPROPRIATION AND WORKLOAD

FISCAL YEAR 1990 - FISCAL YEAR 1998

FTE Complaints

Compliance

Reviews

FY

Presidential

Request

Congressional

Appropriation*

Usage Filed

Resolve

d

Initiate

d

Resolve

d

199

8

$61,500,000 $61,500,000 685 484

6

4753 102 100

199

7

$60,000,000 $54,900,000 681 529

6

4981 152 140

199

6

$62,784,000 $55,277,000 745 482

8

4886 146 173

199

5

$61,457,000 $58,236,000 788 498

1

5559 96 178

199

4

$56,570,000 $56,570,000 821 530

2

5751 144 90

199

3

$61,400,000 $56,402,000 854 509

0

4484 101 82

199

2

$56,000,000 $53,625,000 848 443

2

4180 77 50

199

1

$49,900,000 $48,404,000 797 380

9

3497 41 22

199

0

$45,178,000 $44,572,000 815 338

4

3130 32 30

*FY 1990 and FY 1995 Appropriation after sequestration; FY 1997 Appropriation after

recision

With the full fiscal year 1998 appropriation, the OCR is now

better equipped to carry out its mission. As a result of the fiscal year

1998 budget increase, the agency hired 91 new employees, with a

greater number of attorneys and investigators hired than any other job

category. The majority of these new staff are located in the 12

enforcement offices throughout the country. Training and development
Page 14 - 1998 Annual Report to Congress

for skill enhancement of this new staff – as well as compensatory

training of experienced staff that had been delayed due to insufficient

funds – took place immediately after hiring and will continue through

the next several fiscal years. We are deeply committed to our

investment in staff. In addition, we have moved from traditional

enforcement toward the collaborative resolution processes of mediation

and negotiation, and we must make sure staff skills are commensurate

with their new duties.

Civil rights enforcement is a labor-intensive effort. The greatest

part of the appropriation for the OCR is used to pay salary and benefits.

In fact, 78 percent of the OCR's budget request goes for those staffing

expenses. Therefore, anytime the OCR does not receive full funding,

staffing levels might have to be proportionately reduced. When we must

limit our staff number due to fiscal constraints, staff must first devote

their energies to investigating and resolving the many thousands of

individual complaints received each year.

But when the OCR is given full funding, it can expand its staff

functions beyond the work of individual complaints by adding the

broader activities of compliance reviews and information assistance. By

choosing to give assistance to larger school districts or even to entire

states, and by conducting reviews on issues that affect the greatest

number of students, we can maximize educational access for the

greatest number of students.

In the last fiscal year, our work directly affected nearly six million

students. We widened the pipeline to provide greater access to highquality education, increased the number of students and potential

students affected by our work, raised civil rights compliance levels

nationwide, maintained our case-processing time, and successfully

worked with educators, parents and students, and community groups

throughout the country.

As our newly hired staff becomes fully trained and more

experienced, we look forward to increasing our activities and our

efficiencies. However, without full funding for fiscal year 1999 and the

years beyond, the OCR will be returned to a funding level equivalent to

the mid-1990s. In that period, the OCR was forced to severely cut back
Page 15 - 1998 Annual Report to Congress

on information assistance as well as enforcement activities. Although

we look forward to making a significant difference to a great number of

students in fiscal year 1999, we do not want to disappoint student and

parents, as well as their schools and colleges, by having to curtail our

coactive work in that or subsequent years.
Page 16 - 1998 Annual Report to Congress

THE OCR'S NATIONAL IMPACT

The OCR received 4,847 complaints from students, parents and

others in fiscal year 1998. These complaints represented a wide range

of civil rights issues and were filed against institutions at all levels of

education. Sixty-eight percent of the complaints in fiscal year 1998

were filed against elementary or secondary schools, 25 percent against

colleges and universities, and 7 percent against such other agencies as

vocational rehabilitation, proprietary schools, and libraries.

(Due to complaints filed on more than one basis, the total

number of complaint receipts by basis is greater than the

number received.)

For the past decade, the most common basis for a civil rights

complaint in education has been discrimination on the basis of a

disability. As shown in the figure, the majority of complaints received

Complaint Receipts by Basis

Race/National 

Origin - 1,246

25%

Disabilty - 

2,949

60%

Age - 195

11%

Sex - 545

4%
Page 17 - 1998 Annual Report to Congress

by the OCR in the last fiscal year are disability complaints (Section 504

and Title II); these complaints comprise about 60 percent of the total.

Following behind are those filed on the basis of race, color or national

origin (Title VI); these complaints comprise 25 percent of the total.

Complaints alleging sex discrimination (Title IX) constitute 11 percent

of the total and complaints alleging age discrimination make up 4

percent of the total. If a typical complaint could be identified solely from

this data, it would be one filed against an elementary or secondary

school by a student or parent charging discrimination on the basis of

disability to a program, service or activity.

In the last fiscal year, eight percent of complaints (405

complaints) were filed on more than one discrimination basis. The most

prevalent multiple-basis complaint was filed on the two issues of

disability and race/national origin discrimination. The second most

common multiple-basis complaint was filed on the grounds of

race/national origin and sex discrimination, and the third most

prevalent multiple-basis complaint was filed on disability and sex

discrimination.
Page 18 - 1998 Annual Report to Congress

In fiscal year 1998, 4,753 complaints were resolved, including some

that had been filed in a prior year. There are a number of ways a

complaint can be resolved: by addressing civil rights violations, or by

finding that no civil rights violations occurred, or that there was

insufficient evidence to find that a complaint occurred, or by finding the

complaint inappropriate for the OCR's action, often due to lack of

statutory jurisdiction. During fiscal year 1998, the OCR worked

successfully with school districts and colleges to resolve complaints in a

manner that effectively mandated positive change for students.

Complaint Receipts and Resolutions

Fiscal Ye a r 1990 - Fiscal Yea r 1998

Resolu tion s Re ce ipts

33 84

38 09

44 32

50 90

53 02

49 81

48 28

52 96

48 46

31 30

34 97

41 80

44 84

57 51

55 59

48 86

49 81

47 53

19 90

19 91

19 92

19 93

19 94

19 95

19 96

19 97

19 98

0 10 00 20 00 30 00 40 00 50 00 60 00
Page 19 - 1998 Annual Report to Congress

HOW THE OCR SERVES STUDENTS

AND THEIR SCHOOLS

n The Basis Of Disability

The OCR enforces Section 504, prohibiting disability

discrimination in federally funded programs and activities, and Title II,

prohibiting disability discrimination by all public entities. Fully 60

percent of all complaints filed with the OCR in fiscal year 1998 were

filed by students and their parents who alleged discrimination on the

basis of disability. Along with investigating these 2,812 disability

complaints, OCR also initiated 6 new compliance reviews covering both

disability and race/national origin issues, and 1 review on the issues of

disability, race/national origin and sex.

The bulk of the OCR's investigations in the past year focused on

the provision of:

< accessible school facilities and programs;

< appropriate regular or special education services;

< services to students with disabilities in the least restrictive settings

consistent with their educational needs;

< appropriate academic adjustments and modifications; and

< auxiliary aids for students with impaired sensory, manual or

speaking skills.

Here are some of the stories of the OCR's work in fiscal year 1998

that represent the struggle to provide equal access to an appropriate

education program for students with disabilities.

No Playgrounds Available To Children With Disabilities

Young children who are mobility impaired were unable to play

outdoors with their classmates because they could not use the school's

playground equipment or even enter the play area. After working with

the OCR to resolve a parent's complaint, the school district agreed to

O
Page 20 - 1998 Annual Report to Congress

provide a range of accessible play facilities equivalent to those provided

to students who are not mobility impaired, and to make sure that

routes to play equipment and sand areas are available to all students.

School Discounted Student's Disability

Because I.Q. Was So High

A fifth-grade student with Aperger's Syndrome – a form of autism

often accompanied by a high I.Q. – was denied a free and appropriate

education because his school district did not believe it had a legal

obligation to serve him due to his high intelligence. As a result of the

OCR's actions, the district provided the student with the education,

services and aids he requires based on his needs. This case also served

to alert the OCR to potential future problems in this school district. As

a result of the agency's work, the district agreed to identify and locate

every qualified student with a disability who was not receiving a public

education, and inform them and their parents of the district's

obligations under Section 504.

Hearing-impaired Parents Needed Interpreter For School Events

Parents who were hearing impaired were having a difficult time

participating in their kindergarten daughter's schooling because they

received inadequate and inaccurate information from an interpreter

hired by the school district. Civil rights laws in education covering

disabilities ensure access to education information not just for students

with disabilities but also for students' parents or guardians who may be

disabled. With OCR's assistance, the parents and their district resolved

their differences and agreed to a strategy for improving communication

for the next 12 years of the child's education.

Program For Children With Mental Health Problems

Refused Boy With Diabetes

A camp that asked a local school district for referrals to enroll

The purpose of this

letter is to send you the

enclosed facsimile of my

son's graduation

announcement and to

thank the employees of

your department who so

unselfishly assisted me

and my son last year.

Jimmy's future is much

brighter because of the

help and support we

received from ... your

department.

Letter from parent
Page 21 - 1998 Annual Report to Congress

children with mental health problems refused to admit a child with

diabetes. The camp cited possible health risks despite assurances from

the child's physician and his grandmother that his health was wellmanaged and posed no risk as long as camp employees were notified of

his diabetes. The OCR mediated to allow the child to enter the camp

program. It also made the school district aware of its legal obligations to

students when it worked with other organizations. In addition, the OCR

alerted its sister organization, the Office for Civil Rights in the United

States Department of Health and Human Services, so that this agency

with direct jurisdiction over the camp could provide technical

assistance to camp administrators.

Charter Schools Must Comply With Disability Laws

A disabled kindergarten student who was enrolled in a charter

school during its first year of operation was having behavioral problems

related to his disability. Few special services were given him and, at the

beginning of his second year, the charter school notified the parents of

a decision to hold an expulsion hearing for their child. The parents

withdrew their son from the school and filed a complaint with the OCR,

which determined that the charter school had violated antidiscrimination laws by failing to provide supplementary aids and a

continuum of special education services to the child. The charter school

agreed to readmit the boy and reimburse his family for the remedial

tutoring, therapy and child care that resulted from his exclusion. The

student is now in third grade and is making good progress at the

school. The OCR continues to monitor the charter school's provision of

special education services to students.

Proprietary School Made Disabled Student

Take Additional Tests

An older student who had lost one hand and a leg was required

by his business college to demonstrate his typing skills and his ability

to move around the classroom before the school would admit him to its

As I look back to where I

was one year ago, I must

thank you for your help.

It's because of the work

you do that I will be able

to graduate.

Letter from mobilityimpaired

university

student
Page 22 - 1998 Annual Report to Congress

keyboarding class, although it made no other students demonstrate

skills or agility. The school's additional requirement for the student on

the basis of his disability is prohibited by civil rights laws. As a result of

the OCR's intervention, the business college amended its policies and

practices, admitted the student to the program and purchased a

tutorial program appropriate for use by a person without two hands.

110 Community Colleges Lacked Services

For Students With Visual Impairments

In a state that serves nearly one million students through the

largest community college system in the nation, students with visual

impairments were being denied access to print materials and computerbased information. Their chance to attain degrees was significantly

impaired by an inability to receive publications and other information

in a format they could use. The OCR worked with administrators of all

110 colleges to: develop a strategy that purchased adaptive hardware

cost-effectively; provide advance adaptive technology training for

specialists; create disability access guidelines for distance learning and

web pages; establish a system-wide translation center; create a central

registry of tape and Braille materials; and move responsibility for

accessible libraries to library personnel rather than student services

personnel. Through these actions, thousands of already-enrolled

visually impaired students significantly increased their ease of access

and ability to complete college requirements. Future students with

visual impairments, too, will enjoy equal access to necessary

educational information.
Page 23 - 1998 Annual Report to Congress

University Failed to Lighten Course Load For Disabled Student

A freshman college student fell into a coma. When he recovered, he

had lost some of his cognitive skills and short-term memory. Altogether,

he was out of school for 18 months. When he returned, his physician

recommended that he enroll in no more than three courses a semester.

The university refused to lower its four-course requirement for more

than one semester because its policy was to allow only eight semesters

total to complete undergraduate requirements. University officials

defended their position by stating they had been flexible in allowing the

student one part-time semester and that rigorous standards were a

hallmark of the top-ranked school. After the OCR saw that the

university had not considered the severity of the student's disability

and that giving him additional time would not jeopardize its competitive

ranking, officials agreed to change their policy for this student and all

future students with disabilities whose conditions make them incapable

of successful full-time enrollment.

And more ...

< A 13-year-old student with multiple disabilities learned he couldn't

go on field trips with his classmates because his school would not

arrange accessible transportation for him. The OCR negotiated with

his school district to ensure proper transportation and an aide

whenever there was a field trip involving his class.

< A nine-year-old girl with clinical childhood depression needed an

individualized education program. As a result of the OCR's efforts,

the rural school district initiated staff training addressing the needs

of young children with emotional problems that will assist teachers

working with future students with similar issues.

< A student's father could not attend his daughter's athletic events

because they were held at facilities where his wheelchair could not

be accommodated, which is a violation of civil rights laws. He needed

the OCR to inform the school district of their obligations.

< A high school senior with bi-polar disorder and other medical issues

earned a high school diploma but was told that she could not take

OCR's Boston office

received a phone call

from a mother who, five

years earlier, had filed a

complaint against the

special education

program in her sons'

school district. The

parent wanted to thank

OCR once again and let

the investigator know

that one son was an

assistant manager of a

retail store and the other

was in his third year of

college, preparing to

become a special

education teacher.
Page 24 - 1998 Annual Report to Congress

part in the graduation ceremony with her twin sister and classmates

because her last semester was spent in a special program. The OCR

received her complaint only four days before graduation but quickly

responded with intensive effort so that the senior could take part in

the ceremony with her classmates.

n The Basis Of Race, Color and National Origin

Title VI prohibits discrimination on the basis of race, color and

national origin in federally funded programs and activities. It is the

longest-standing law over which the OCR has jurisdiction, and was

passed in 1964. Complaints based on Title VI discrimination comprise

the second largest group of complaints filed by students, parents and

others. The 1,196 complaints, or one-quarter of the total filed in fiscal

year 1998, alleged Title VI violation in these areas, and others:

< ability-grouping practices, including placement in special education

programs and programs for the gifted and talented;

< access to alternative-language services by English-languagelearners;

< racial harassment;

< school assignment policies;

< school segregation;

< discipline practices; and

< academic grading practices.

A significant number of compliance reviews are conducted by the

OCR in the Title VI area; in fiscal year 1998, 85 reviews focused on

race/national origin issues solely, while 6 were on race/national origin

and disability issues, 4 were on race/national origin and sex

discrimination, and 1 combined the issues of race/national origin, sex

and disability. These reviews included the areas of over-representation

of minority students in special education programs and underrepresentation in gifted and talented programs; access to alternative

language services by students who are English-language learners; and

segregation of English-language-learning students.

OCR investigated a

complaint regarding the

lack of opportunity for

English-languagelearning students and

monitored changes put

in place by the school

district for the past five

years. In response to a

district-administered

survey, 100 percent of

the parents of these

English-languagelearning children said

that their children's

English-literacy skills

increased, as well as

their school achievement.

One student responded,

"The English-as-asecond-language class is

the best class for me

because I can realize that

my English is getting

better and better every

day."

O
Page 25 - 1998 Annual Report to Congress

Here are some of these students' stories:

Untrained Staff Assigned To English-Language Learners

The United States Supreme Court has held that school districts

are required to ensure that students who are unable to speak and

understand English can participate meaningfully in their school

district's education programs. OCR's guidance, based on well-settled

law, requires districts to adopt, implement and evaluate a sound

program grounded in recognized education theory or on a legitimate

experimental strategy.

The OCR does not require districts to adopt any particular

program of instruction. Regardless of the type of program offered,

school districts must make sure they provide English-language-learners

with a meaningful opportunity to participate in the regular curriculum.

For example, the OCR learned that in ten school districts located in the

same state, the majority of 11,800 English-language-learning students

were not receiving instruction from teachers who were properly trained

in language acquisition skills. In fact, OCR learned that these students

were being instructed by para-professionals who did not possess even

basic teaching credentials.

To correct the problems found in these ten school districts, the

school districts worked with OCR to ensure that all English-languagelearning students were taught by certified and trained teachers under a

sound program based on recognized language-acquisition theory.

Minority School Lacked Qualified Librarian

This school district had eight elementary schools. All except one

employed a full-time qualified librarian to assist students. The only

elementary school in the district lacking a librarian was also the only

school with a predominantly minority enrollment. The minority school

had to make do with a volunteer who worked in the library part-time,

and when she wasn't present, classroom teachers had to retrieve

materials from the library for students. After a parent filed a complaint,
Page 26 - 1998 Annual Report to Congress

the school district worked with the OCR and hired a certified librarian

for the elementary school, assuring students at this school of services

comparable to those provided at the other predominantly non-minority

elementary schools.

Identifying Gifted Minority Students

In many school districts, minority students are under-represented in

programs for gifted and talented students. The issue in five school

districts was whether the pipeline to programs for gifted students had

been narrowed, illegally denying access to minority students. In all the

districts, a resolution agreement specified that students would have

equal access to these programs through improved policies and practices

that include better notice, broader screening strategies designed to

locate non-traditional gifted students, and the use of a broader variety

of evaluation and eligibility criteria. In addition, one of these districts –

with only two percent of its gifted students being minority students –

started up a pilot program to identify gifted students. The pilot was a

success from all perspectives: the district was pleased at the additional

number of minority students it expects to identify for gifted programs,

and the youngsters were excited by being given challenges they had not

been given in the past to show their writing skills, carry out research

and perform laboratory experiments.

Latino Students Were Segregated

The OCR established that a school district unjustifiably

segregated Latino students from other students during both academic

and non-academic classes. Latino students were even separated from

others for lunch and assemblies. The reason for their segregation was

solely their national origin: the district did not measure their Englishlanguage skills before grouping them with other Latino students. The

district had other problems, as well. In these children's academic

program, the quality of schooling varied from one grade to the next and

lacked an overall educational framework. By the time the students

You and the leadership of

OCR can be very proud of

the work of all these

professionals in

representing OCR's

rationale for giving

priority attention to

issues related to

minorities, Englishlanguage learners and

special education. Letter

from the director of a

conference sponsored by

The Urban Special

Education Leadership

Collaborative
Page 27 - 1998 Annual Report to Congress

reached high school, they had a significantly higher drop-out rate and a

lower college admission rate than students who were not Latino.

Through assistance from the OCR and its ties to the state department

of education and the Mid-Atlantic Equity Center, the district designed a

comprehensive program to end segregation and implement effective

programs for English-language-learning students of all national origins.

Both the district and the community have praised the OCR for our

method of resolving this issue and for the continuing assistance

provided.

State Used One Criterion For Black Students,

Another For White Students

One state administered standardized tests to determine which

low-achieving students should be placed in classes for the

educationally mentally retarded and which should be placed in classes

for the learning disabled. In general, educators believe it is more

favorable and less restrictive for students to be placed in classes for

learning disorders than in classes for educationally mentally retarded

students. Despite the similar scores of African American and white

students, the African American students were nearly all grouped in

educationally mentally retarded classes, while white students were

grouped in classes for students with learning disabilities. The OCR

worked with the state department of education and local school

districts to develop valid and fair methods of determining program

placement that were administered reliably and equitably to students of

all races.

Addressing Racial Harassment

A parent of a high school student complained that her son and

another African American student were being racially harassed by other

students. These students used racial slurs and epithets about these

two students and about her. The district is 97 percent white. The

district's student handbook did not refer to any disciplinary sanctions

This letter is to express ...

our sincere gratitude and

appreciation for the

quality assistance,

guidance and leadership

that has been provided by

you and your staff in

managing our complaint

against the [state].

Associated Directors of

Bilingual Education of

[state]
Page 28 - 1998 Annual Report to Congress

for students who commit actions of racial discrimination, including

racial harassment and name-calling. In addition, the complainant said

that the school did not discipline the students involved nor did it

adequately address her concerns. As a result of the OCR's intervention,

the school district agreed to modify its racial harassment policy and

establish a community forum to address this issue and others. The

district will also take steps to learn how to recruit minority teachers

successfully by working with the area Desegregation Assistance Center

and an affirmative action cooperative.

Enhancement of Historically Black University

One historically black university that is part of a state's higher

education system had been, for a period of decades, underfunded

compared to other universities in the state. Working with the OCR, the

state agreed to construct and renovate university buildings. The state

also enhanced a number of popular academic programs with the

expectation that the strengthened programs will assist the university in

attracting both minority and non-minority students. During the OCRstate partnership, Time magazine named this historically black

university its college of the year.

And more ...

< A school district agreed to establish a disciplinary committee –

including students, parents and community members as well as

teachers and school officials – responsible for reviewing regulations

and policies after a disproportionally high number of African

American students were disciplined. Data on disciplinary actions

also will be collected and analyzed, with the aim of identifying and

addressing patterns of concern.

< A school district with a large immigrant Korean population agreed to

provide parents who have limited-English skills information in their

native language, in accordance with civil rights laws, so they could

be informed and involved in their children's education.
Page 29 - 1998 Annual Report to Congress

< Racial epithets scrawled on school walls were not removed, resulting

in a protest by the district's African American students, who were

arrested by police for inciting a riot. In this case, the state education

department and the United States Department of Justice, as well as

the OCR, investigated. The district took action to ensure better

understanding between races, as well as making changes in

curriculum and hiring practices, and adding a mentoring program

for African American students.

n The Basis Of Sex

Title IX prohibits sex discrimination in federally funded

education programs. Since its passage 26 years ago, girls and women

have made incredible progress in attaining college and graduate

degrees, as well as in entering non-traditional fields.

In fiscal year 1998, 530 complaints, or 11 percent, were filed on

the grounds of sex discrimination. Issues covered in these complaints

included:

< Pregnancy and parenting;

< interscholastic or intercollegiate athletic services;

< sexual harassment; and

< assignment to gifted and talented programs.

Three compliance reviews were conducted solely on sex

discrimination issues, four combined the issues of race/national origin

and sex, and one was on the issues of race/national origin, disability

and sex. The areas covered by these reviews were equal opportunity in

interscholastic or intercollegiate athletics, and sexual harassment.

O
Page 30 - 1998 Annual Report to Congress

Pregnant Students Were Isolated

A complaint came in to OCR about a school district that required

pregnant students to take all their academic classes at an off-campus

site, as well as mandating their attendance at a parenting program. The

OCR found that the district, in violation of Title IX, assigned all

pregnant girls to a program exclusively for pregnant students that

limited their participation in some education and all extracurricular

activities. Through the efforts of the OCR, the district agreed to give

pregnant students equal access to regular education services and

extracurricular activities, and to open the parenting program to any

interested student.

Rehabilitation Center Must Address Sexual Harassment

A disabled middle-school student was being sexually harassed by

a disabled boy who verbally assaulted her and made lewd physical

gestures at the rehabilitation center where the school district had

placed her. The district admitted that it had not informed its contract

center of the district's sexual harassment policy, nor did the district

determine the extent to which the male's behavior was symptomatic of

his disability. Nor did it investigate the girl's mother's complaints, and

its actions were insufficient in ending the harassment. With the OCR,

the district worked out an agreement that stipulated revision and

dissemination of the sexual harassment policy to all parties including

contractors, training of all staff including contractors, compensatory

services and a plan to keep the student and her harasser separated.

ROTC Program Discriminated Against Female Cadets

A female cadet in a United States Army/District Cadet Junior

ROTC program that was administered by a local school district was

denied promotion to the battalion commander rank due to her sex,

suffered discriminatory remarks by her ROTC instructor and was

threatened by his assistant. The student filed a complaint based on sex

Because of your

expertise, diligence and

follow-through, all of

these [Title IX athletics]

issues have been resolved

and the children are now

being educated correctly.

Letter from citizen on several

state athletic associations
Page 31 - 1998 Annual Report to Congress

discrimination with OCR because of its jurisdiction over the district's

programs and activities. As a result, the district enhanced its

nondiscrimination policy and sensitized the ROTC instructors to their

obligations under Title IX, focusing on sex discrimination and sexual

harassment. After the agreement was implemented, the girl's parents

called their local OCR office and informed the staff of their daughter's

promotion to battalion commander, the first time a girl had held this

position in the history of the school's ROTC program.

School Offered Home Instruction Rather Than Stop Harassment

One ninth-grade girl was subjected to unbearable sexual

harassment by a group of female students. When her school would not

address the harassment despite repeated parental appeals, the girl

received home-bound instruction, which further isolated her, in both

her academic and social lives. The OCR made clear the school's

obligation to provide a non-threatening environment in which all

students could learn and, as a result, the girl returned to school and

was promoted to the tenth grade. Besides stopping the harassing

action, the school took measures to prevent similar incidents from

occurring in the future.

Community College Expands Women's Athletic Opportunities

And Helps Men, Too

To bring its intercollegiate athletics program into compliance with

Title IX, one community college expanded opportunities for women by

proposing to add athletic teams. By doing this, the college was meeting

the requirements of the OCR's three-part test on intercollegiate

athletics, which states that a college provides nondiscriminatory

opportunities for men and women if it meets any one part of this test.

The three parts are:

< providing athletic opportunities in numbers substantially

proportionate to enrollment by sex;
Page 32 - 1998 Annual Report to Congress

< establishing a history and continuing practice of program

expansion for members of the under-represented sex-which, in

the case of this college, was women, and

< fully and effectively accommodating the interests and abilities of

the under-represented sex.

About two-thirds of colleges chose to comply with Title IX by 

deciding to fully and effectively accommodate the interest and abilities

of the under-represented sex. This story is a good example of a college

using this method. Although not all colleges are able to add men's

teams as this one did, never would the OCR mandate a college to drop

a men's team to comply with Title IX. With assistance from the OCR,

the college determined the interest and ability of women students and,

as a result, has nearly doubled participation opportunities for women. 

During its discussions with the OCR, the college saw that by adding

golf, swimming and tennis teams for women, it could also add men's

teams in these same sports for little additional cost.

State-Of-The-Art Field For Boys; Inadequate Field For Girls

A brand-new high school included a state-of-the-art baseball

facility for boys, including dugouts, generous seating, lockers, a storage

room and PA system. In addition, the field was large enough for both

the junior and senior players to practice and play. In contrast, the girls

were told there was no softball field for them: instead, the school had

made arrangements with a local church to share their field. This field

had no seating, locker room, dugout, storage room or PA system, and

the field itself was not comparable in quality or size to the one provided

to boys. After OCR's intervention, the school district not only built a

comparable softball facility for girls but it also reviewed facilities for

girls at other schools to determine any needed upgrades.
Page 33 - 1998 Annual Report to Congress

Quarter-Million In Women's Scholarships

A complaint filed by a national advocacy group against a

university alleged that it discriminated against women athletes in

awarding scholarships. Title IX provides that when a college or

university awards athletic scholarships, these scholarship awards must

be granted to "members of each sex in proportion to the number of

students of each sex participating in ... intercollegiate athletics." In this

case, the OCR's investigation concluded that the university was not

awarding substantially equal amounts of scholarship dollars to the

men's and women's programs, and it initiated settlement discussions.

Working voluntarily with the OCR, the university will ensure that both

the male and female athletic programs receive an equitable share of

scholarship monies. As an immediate remedy to the identified disparity,

the women's athletic program will receive an increase of about

$269,000 over the next two years.

And more ...

< A pregnant student was denied the right to participate in an

automobile-painting class because her teacher claimed the

chemicals would pose risk to her unborn child. Her physician's

statement that she was not at risk as long as she wore the same

protective clothing as the other students was disregarded and her

instructor continued to verbally abuse her for her behavior. The

OCR requested that the school reinstate her to the class and the

district sent the instructor to sensitivity training classes.

< A district, with the help of the OCR, agreed to enroll a student in a

neighboring district as she had requested because she had been

sexually harassed rather than make her continue to face her former

harassers.
Page 34 - 1998 Annual Report to Congress

INTO THE NEXT CENTURY

The OCR is better equipped to handle the complex education

challenges raised by the civil rights issues of this decade than it was

during its austere years. We have invested heavily in ensuring the best

training and development for both our new staff members and our more

experienced workers. Still, the OCR staff must keep current in the

ever-changing fields of technology. We also must stay up-to-date in the

area of appropriate dispute resolution. For example, in working with

school districts, the agency's investigative staff need to extend their

techniques beyond traditional ones to include the newer appropriate

dispute resolution methods of facilitation and negotiation.

In addition, the OCR staff must learn to identify clearly the

impact of its work on students, on student access, on compliance

activities and on partnerships with groups inside and outside the

federal arena. Staff will also need to keep careful measurements of

complaints to ensure their timely resolution. In the next fiscal year, we

want to bring about change more efficiently for the greatest number of

students – many of whom experience substandard schooling through

circumstances of birth and geography.

With the full funding enjoyed by the OCR during the last fiscal

year, we have been able to move away from putting nearly all our

resources into investigating individual complaints. With this year's

staff, we can now plan broader activities, including conducting

compliance reviews and providing technical assistance on the areas

that would do the most good for the greatest number of people. We have

moved from an exclusively reactive mode, necessary during a staff

shortfall, into self-initiation of activities.

Along with supporting its time-honored goal of bringing equity to

all students, the OCR must respond to changes in the education

community. In fiscal year 1998, we have made positive changes in the

educational experiences of nearly six million students. Each of the

efforts we make toward improving the lives of approximately 5.9 million

We have to have high

hopes for all of our

children. And we have to

make them know that

they can have high hopes

for themselves. A great

nation that aspires to

even greater things in a

new century in a new

millennium cannot afford

to leave a single child

behind.

President William J.

Clinton
Page 35 - 1998 Annual Report to Congress

students – whether it was moving an African American child into the

gifted and talented courses appropriate for her, or making sure that

visually impaired students studying in 110 state colleges would be able

to use material from the library collection – has resulted in a federal

expenditure, on the average, of only $1 per student. We pledge to

continue our work so that the OCR benefits the greatest number of

people and impacts on the most severe discrimination problems – and

does it in the most efficient way possible.
Page 36 - 1998 Annual Report to Congress

CR PUBLICATIONS

Title VI of the Civil Rights Act of 1964

Education and Title VI:

English - 1964

Spanish - 1972

Historical Black Colleges; Universities & Higher Education Desegregation - 1991

Magnet Schools - 1991

Provision of EEO for Limited English Proficient (LEP) Students

English - 1992

Spanish - 1995

Student Assignment in E&S Schools & Title VI - 1991

Title IX of the Education Amendments of 1972

Clarification of Intercollegiate Athletics Policy Guidance: The Three-Part Test - 1996

Equal Opportunity in Intercollegiate Athletics - 1991

Sexual Harassment: It's Not Academic - 1997

Student Assignment in E&S Schools & Title IX - 1991

Teenage Pregnancy and Parenthood Issues - 1991

Title IX and Sex Discrimination:

English - 1991

Spanish - Undated

Title IX - 25 Years of Progress - 1997

Title IX Grievance Procedures: An Introductory Manual - 1987

Section 504 of the Rehabilitation Act of 1973 (Section 504)

Auxiliary Aids & Services F/PSE Students With Handicaps - 1991

Clarification of School Districts Responsibilities to Evaluate Children with Attention

Deficit Disorders - 1993

Discipline of Students With Handicaps in E&S Schools - 1991

Free Appropriate Public Education (FAPE) - 1996

Placement of School Children with AIDS - 1991

Rights of Individuals With Handicaps Under Federal Laws:

English - 1973

Spanish - 1973

Student Placement in Elementary & Secondary Education Schools &

Section 504 - 1991

The Civil Rights of Students with Hidden Disabilities - 1995

O
Page 37 - 1998 Annual Report to Congress

GENERAL

Annual Report to Congress (Years 93, 94, 95, 96, 97)

Application of Federal Civil Rights Laws to Public Charter Schools - 1997

Guidance Counselor s Role .... Equal ED Opportunity - 1991

How to File a Discrimination Complaint:

English - 1998

Spanish - 1998

Vietnamese - 1998

Cantonese - 1998

Hmong - 1998

Impact of the Civil Rights Laws - 1997

Nondiscrimination in Employment Practices in ED - 1991

Notice of Nondiscrimination - 1996

Office for Civil Rights: Ensuring Equal Access to Quality Education - 1997

Vocational Education & Civil Rights - 1991

What Schools Can Do to Improve Mathematics & Science Achievements by

Minority & Female Students - 1991

OCR Regulations/Federal Register Policies

Age Discrimination Act of 1975 Federal Register -- July 27, 1993

Deaf Students Education Services, Policy Guidance, Federal Register --

Notice, October 30, 1992

Guidelines for Vocational Education Programs Federal Register March 21, 1979

Intercollegiate Athletics Policy Interpretation -- December 10, 1979

Title VI Civil Rights Act of 1964 Federal Register -- May 9, 1980

Title IX Education Amendments of 1972 Federal Register -- May 9, 1980

Racial harassment/OCR Investigative Guidance -- March 10, 1994

Section 504 Rehabilitation Act of 1973 Federal Register -- May 9, 1980)

Sexual Harassment Guidance: Harassment of Students by School Employees,

Other Students, or Third parties; Notice, March 13, 1997

Award of Student Financial Assistance Federal Register -- February 23, 1994

Other Miscellaneous Documents

ADA Title II Regulations State & Local Government Responsibilities - 1992

Uniform Federal Accessibility Standard (UFAS) - 1988

Goals 2000 -

ADA Self-Evaluation Guide for Public E&S Schools (Available Only Through GPO)
Page 38 - 1998 Annual Report to Congress

Norma V. Cantú

Assistant Secretary

(202) 205-5557

Raymond Pierce

Deputy Assistant Secretary

(202) 205-9556

Arthur L. Coleman

Deputy Assistant Secretary

(202) 205-5557

Kelly Saunders

Chief of Staff

(202) 205-5557

Cathy H. Lewis

(Senior Enforcement Officer)

Midwestern &

Western Division

(202) 205-8217

Susan Bowers

(Senior Enforcement Officer)

Eastern & Southern Division

(202) 205-8217

Jeanette Lim

Program Legal

Component Director

(202) 205-8635

Paul Fairley

Resource Management

Component Director

(202) 205-5415

Office for Civil Rights

U.S. Department of Education

400 Maryland Avenue, S.W. http://www.ed.gov/offices/OCR 

Washington, D.C. 20202-1100 Customer Service #: 1-800-421-3481

EASTERN DIVISION

Connecticut, Maine, Massachusetts, New Hampshire,

 Rhode Island, Vermont

Office for Civil Rights, Boston Office

U.S. Department of Education

J. W. McCormack Post Office and Courthouse

Room 222, 01-0061

Boston, MA 02109-4557 (617) 223-9662

FAX (617) 223-9669; TDD (617) 223-9695

New Jersey, New York, Puerto Rico, Virgin

Islands

Office for Civil Rights, New York Office

U.S. Department of Education

75 Park Place, 14th Floor

New York, NY 10007-2146 (212) 637-6466

FAX (212) 264-3803; TDD (212) 637-0478

Delaware, Maryland, Kentucky,

Pennsylvania,

 West Virginia

Office for Civil Rights, Philadelphia Office

U.S. Department of Education

The Wanamaker Building

100 Penn Square East, Suite 515

Philadelphia, PA 19107 (215) 656-8541

FAX (215) 656-8605; TDD (215) 656-8604

SOUTHERN DIVISION

Alabama, Florida, Georgia, South Carolina,

 Tennessee

Office for Civil Rights, Atlanta Office

U.S. Department of Education

61 Forsyth Street, S.W., Suite 19T70

Atlanta, GA 30303 (404) 562-6350

FAX (404) 562-6455; TDD (404) 562-6464

Arkansas, Louisiana, Mississippi,

Oklahoma, Texas

Office for Civil Rights, Dallas Office

U.S. Department of Education

1999 Bryan Street, Suite 2600

Dallas, TX 75201 (214) 880-2459

FAX (214) 880-3082 

North Carolina, Virginia, Washington, D.C.

Office for Civil Rights, District of Columbia

Office

U.S. Department of Education

1100 Pennsylvania Ave, N.W., Room 316

Washington, D.C. 20044-4620

(202) 208-25 45; FAX (202) 208-7797

TDD (202) 208-7741

MIDWESTERN DIVISION

Illinois, Indiana, Minnesota, Wisconsin

Office for Civil Rights, Chicago Office

U.S. Department of Education

111 North Canal Street, Suite 1053

Chicago, IL 60606-7204 (312) 886-8434

FAX (312) 353-4888; TDD (312) 353-2540

Michigan, Ohio

Office for Civil Rights, Cleveland Office

U.S. Department of Education

600 Superior Avenue East

Bank One Center, Room 750

Cleveland, OH 44114-2611 (216) 522-4970

FAX (216) 522-2573; TDD (216) 522-4944

Iowa, Kansas, Missouri, Nebraska,

 North Dakota, South Dakota

Office for Civil Rights, Kansas City Office

U.S. Department of Education

10220 North Executive Hills Boulevard

8th Floor, 07-6010

Kansas City, MO 64153-1367 (816)880-

4202

FAX (816) 891-0644; TDD (816) 891-0582

WESTERN DIVISION

Arizona, Colorado, Montana, New Mexico,

 Utah, Wyoming

Office for Civil Rights, Denver Office

U.S. Department of Education

Federal Building, Suite 310, 08-7010

1244 Speer Boulevard

Denver, CO 80204-3582 (303) 844-5695

FAX (303) 844-4303; TDD (303) 844-3417

California

Office for Civil Rights, San Francisco Office

U.S. Department of Education

Old Federal Building

50 United Nations Plaza, Room 239

San Francisco, CA 94102-4102 (415) 437-

7700

FAX (415) 437-7783 TDD (415) 437-7786

Alaska, Hawaii, Idaho, Nevada, Oregon,

 Washington, American Samoa, Guam,

 Trust Territory of the Pacific Islands

Office for Civil Rights, Seattle Office

U.S. Department of Education

915 Second Avenue, Room 3310, 10-9010

Seattle, WA 98174-1099 (206) 220-7880

FAX (206) 220-7887; TDD (206) 220-79
Page 39 - 1998 Annual Report to Congress