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Compliance Reviews and Other Proactive Initiatives

In addition to  resolving complaints, OCR initiates compliance reviews and takes other  proactive steps to focus on specific compliance problems that are particularly  acute or national in scope or that may not have been raised by complaints.   It has been OCR’s experience that targeted  compliance reviews and proactive initiatives increase the impact of OCR’s  resources, complement the complaint resolution process, and can benefit larger  numbers of students than sole reliance on complaint resolutions, which may  involve only one student per case.

| **The  review your office conducted was quite helpful in ensuring that our district is  in compliance and that we are consistent in disseminating information about  Title IX to students, families, staff and administrators in our schools and in  the broader community.**
***Comment  from school official to OCR, 2005*** |
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OCR initiated  73 compliance reviews in FY 2005 and successfully resolved 66, some of which  had been started in previous years.    Compliance review sites are selected based on various sources of information,  including information provided by parents, education groups, media, community  organizations, members of the public and in certain circumstances, by  statistical data to the extent it is supported by other sources of information.

In FY 2005, 39  of the 73 compliance reviews initiated by OCR focused on the responsibilities  of elementary and secondary school districts and postsecondary institutions to  ensure they meet Title IX procedural requirements, such as designating a Title  IX coordinator, adopting and disseminating a nondiscrimination policy, and  putting in place grievance procedures to address complaints of discrimination  on the basis of sex.

OCR initiated  11 compliance reviews in FY 2005 focused on eliminating barriers for  postsecondary students who have physical disabilities, including such issues as  accessibility of residence halls, classrooms, academic buildings, and parking  facilities.   Continuing a nationwide  initiative under Title VI, Section 504 and Title II to address the misidentification  of minority students in special education, OCR initiated 10 compliance reviews  in FY 2005 examining whether minority students were being denied important  educational benefits because of inappropriate inclusion in or exclusion from  special education.  

Special  education programs also are essential to ensure that students with  disabilities, including those who also have limited English proficiency (LEP),  receive an appropriate education.  In FY  2005, OCR conducted seven compliance reviews in school districts around the  country to determine whether LEP students were being inappropriately included  in or excluded from special education because of their limited English  proficiency and to ensure that such students are provided the services they  need so they can participate meaningfully in the districts’ educational  programs. 

Some of the 66 compliance reviews OCR resolved in FY  2005 included:  24 involving Title IX  procedural requirements; 19 involving special education misidentification of  minority students; and 12 involving physical accessibility of postsecondary  education facilities.

Figure 3 shows the number of reviews initiated and resolved by compliance issue.

| OCR Compliance Reviews by Issue      FY2005                                                                      |
|------------------------------------------------------------------------------------------------------------------|
| **Compliance Issue**                                                                                             | **Initiated** | **Resolved*** |
| Accessibility                                                                                                    | 11 | 12 |
| High Stakes Testing                                                                                              | 0 | 1 |
| Limited English Proficient Students and Special Education/Services for Students with Limited English Proficiency | 7 | 5 |
| Magnet Schools Assistance Program                                                                                | 5 | 4 |
| Minorities and Special Education                                                                                 | 10 | 19 |
| Procedural Requirements (Title IX)                                                                               | 39 | 24 |
| Sexual Harassment                                                                                                | 0 | 1 |
| Student Benefit/Treatment                                                                                        | 1 | 0 |
| **Total**                                                                                                        | **73** | **66** |
| * Includes compliance reviews carried over from previous years.       ***Figure       3***                       |

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