**A r c h i v e d   I n f o r m a t i o n**
**Applying Federal Civil Rights Lawsto Public Charter Schools**

**Background**

 One of the fastest growing areas of  public school reform is the charter schools movement. Charter  schools are public schools under contract – or charter  – between a public agency and groups of parents, teachers,  community leaders, or others who want to create alternatives and  choice within the public school system. Charter schools create  choice for parents and students within the public school system,  while providing a system of accountability for student  achievement. Charter schools also encourage innovation and  provide opportunities for parents to play powerful roles in  shaping and supporting the education of their children. As a  result, charter schools can spur healthy competition to improve  public education.   

 In exchange for increased  accountability, charter schools are given expanded flexibility  with respect to select statutory and regulatory requirements.  Federal legislation provides support for the creation of charter  schools as a means of promoting choice and innovation within  public school systems. Of course, charter schools, like all  public schools and other recipients of federal financial  assistance, must operate consistent with civil rights laws.  

 The U.S. Department of Education  (ED), Office for Civil Rights (OCR) enforces a number of civil  rights laws that apply to public schools, including charter  schools. These laws include: Title VI of the Civil Rights Act of  1964 (Title VI), which prohibits discrimination on the basis of  race, color, or national origin; Title IX of the Education  Amendments of 1972 (Title IX), which prohibits discrimination on  the basis of sex in education programs; Section 504 of the  Rehabilitation Act of 1973 (Section 504), which prohibits  discrimination on the basis of disability; and the Age  Discrimination Act of 1975, which prohibits discrimination on the  basis of age. These laws apply to programs and activities that  receive federal financial assistance. OCR is also responsible for  enforcing Title II of the Americans with Disabilities Act of 1990  (Title II), which prohibits discrimination on the basis of  disability by public entities, including public schools. Title II  applies to public entities, regardless of whether they receive  federal financial assistance. OCR receives and resolves more than  5,000 complaints of discrimination each year and provides  technical assistance on a wide range of issues.  

 In addition, the U.S. Department of  Justice, Civil Rights Division (CRD) works on a variety of legal  issues involving elementary and secondary schools. DOJ enforces  in the courts many of the same statutes that OCR enforces  administratively, including Title VI, Title IX, Section 504, and  Title II. DOJ also enforces Title IV and Title VII of the Civil  Rights Act of 1964 and the Equal Educational Opportunities Act of  1974. DOJ may intervene in private suits that allege violations  of education-related anti-discrimination statutes and the  Fourteenth Amendment of the U.S. Constitution. CRD is also  responsible for monitoring more than 400 school districts  currently covered by desegregation court orders in over 200  desegregation cases where the United States is a party.  

 ED and DOJ support the  implementation of charter schools as a valuable way to enhance  choice among public schools and to give more students the  opportunity to learn to challenging standards. This guidance  seeks to aid charter school developers and operators in their  efforts to plan, develop, and deliver their important educational  programs in a nondiscriminatory manner.  

 To avoid distraction within this  guidance, we have often used acronyms and abbreviations to  substitute for the names of agencies and multiword concepts. The  meaning of each is explained within the context. For your  convenience, we also include the following key to the acronyms  and abbreviation you will find in this publication.  

> -  		CRD – Civil Rights Division, U.S. Department of Justice  		

> -  		DOJ – U.S. Department of Justice  		

> -  		ED – U.S. Department of Education  		

> -  		FAPE – Free appropriate public education  		

> -  		IDEA – Individuals with Disabilities Education Act  		

> -  		LEA – Local Educational Agency  		

> -  		LEP – National-origin minority, limited-English proficient  		

> -  		OBEMLA – Office of Bilingual Education and Minority Languages Affairs,   		U.S. Department of Education  		

> -  		OCR – Office for Civil Rights, U.S. Department of Education  		

> -  		OSEP – Office of Special Education Programs, U.S. Department of          Education  		

> -  		OSERS – Office of Special Education and Rehabilitative Services,              U.S. Department of Education  		

> -  		SEA – State Educational Agency  		

> -  		Section 504 - Section 504 of the Rehabilitation Act of 1973  		

> -  		Title II – Title II of the Americans with Disabilities Act of 1990  		

> -  		Title VI – Title VI of the Civil Rights Act of 1964  		

> -  		Title IX – Title IX of the Education Amendments of 1972  		

-###-[Introduction][Responsibilites for Civil Rights Compliance]