**EDUCATION AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964**

**Title VI and Race, Color or National Origin Discrimination**

Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in programs or activities that receive federal financial assistance. Title VI states that:

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.

The Title VI implementing regulations (Volume 34, Code of Federal Regulations, Part 100) provide a detailed discussion of discrimination prohibited by Title VI.

**The Office for Civil Rights Enforces Title VI**

The U.S. Department of Education’s (ED) Office for Civil Rights (OCR), with 12 regional offices and a headquarters office in Washington, D.C., enforces Title VI as it applies to programs or activities that receive financial assistance from ED. 

OCR’s mandate to ensure that recipients of financial assistance from ED comply with Title VI covers pre-K through grade 12 public schools, including charter schools; state educational agencies; local educational agencies; colleges and universities, including proprietary schools and community colleges; state vocational rehabilitation agencies and their subrecipients; and other institutions that receive ED financial assistance, such as libraries, museums, and correctional institutions.

Covered programs and activities may 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. 

Title VI prohibits a recipient from intimidating, threatening, coercing, or retaliating against any person because they made a complaint; testified, assisted, or participated in any manner in an investigation, proceeding, or hearing; or opposed an unlawful educational practice or policy. 34 C.F.R. § 100.7(e).

OCR’s Race, Color, or National Origin Discrimination Overview webpage provides a list of issues under Title VI that OCR frequently addresses.

**The Office for Civil Rights Provides Technical Assistance and Policy Guidance About Title VI**

OCR is available to assist school and college communities in complying with Title VI obligations by providing technical assistance, including responding to telephone and email inquiries and presenting at trainings, conferences, and community meetings. To request technical assistance, you may contact the OCR regional office that serves your geographic area by phone, email, or mail. You can identify the appropriate OCR regional office through the Contact OCR webpage. The addresses, telephone numbers, emails, and designated geographic areas of each OCR regional office are also listed here.

OCR also provides policy guidance and other resources to inform and remind schools of their obligation to comply with Title VI, and inform beneficiaries, such as students and applicants for admission to academic programs, of their rights under Title VI.  A few examples of these resources are below.

*Supporting Racial Diversity*

OCR issued a Dear Colleague Letter on Race and School Programming (2023)  PDF (673K) to guide schools on lawful programs to promote racially inclusive school communities. The resource clarifies the circumstances under which schools can – consistent with Title VI and its implementing regulations – develop curricula or engage in activities that promote racially inclusive school communities. The resource includes examples to help school communities assess their Title VI legal obligations and protections.

OCR and the U.S. Department and Justice (DOJ) issued resources to help colleges and universities understand and comply with the U.S. Supreme Court’s decision in the *Students for Fair Admission Inc. v. President and Fellows of Harvard College* and   *Students for Fair Admissions, Inc. v. University of North Carolina et al. (collectively “SFFA”)* cases. A Dear Colleague Letter (2023)  PDF (264K)  reaffirms OCR and DOJ’s commitment to ensuring that colleges and universities remain open to all, regardless of race. A Questions & Answers  PDF (247K) document distills the Court’s core holding and offers examples of steps colleges and universities can lawfully take to achieve a student body that is diverse across a range of factors, including race and ethnicity, such as: targeted outreach, recruitment, and pathway programs; collection and consideration of demographic data; evaluation of admission policies; and retention strategies and programs.

OCR issued a fact sheet  PDF (185K) that describes how Title VI applies to schools’ diversity and inclusion activities. The fact sheet confirms for educators, parents, and students that diversity, equity, and inclusion training and similar activities generally are consistent with Title VI. 

*Students Who Are English Learners and Parents and Guardians Who Have Limited English Proficiency*

OCR and DOJ jointly published a Dear Colleague Letter: English Learner Students and Limited English Proficient Parents (2015)  PDF (523K) that reminds states, school districts, and schools of their obligations under federal law to ensure that students who are English learners have equal access to a high-quality education and the opportunity to achieve their full academic potential. In addition to the guidance, OCR has developed tools and resources to help schools in serving English learner students and parents who have limited English proficiency, including:- A fact sheet in English  PDF (557K) and in other languages about schools' obligations under federal law to ensure that students who are English learners can participate meaningfully and equally in school.
- A fact sheet in English  PDF (450K) and in other languages about schools’ obligations to communicate information to parents and guardians who have limited English proficiency in a language they can understand.
- A fact sheet in English  PDF (542K)  and other languages discussing access to specialized or advanced educational programs and services for students who are English learners. 

OCR and DOJ together published a Dear Colleague Letter: School Enrollment Procedures  PDF (233K) that explains that under federal law, states, school districts, and public schools are required to provide all children with equal access to public education at the elementary and secondary level. 

OCR and DOJ have also developed fact sheets to assist school communities:

      - A fact sheet on Confronting Discrimination Based on National Origin and Immigration Status (2021)  PDF (533K) that reiterates that under federal law, *all* children in the United States have an equal right to enroll and participate in public elementary and secondary schools without regard to their or their parents immigration status. The fact is also available in other languages.
      - Fact sheets on Protecting Access to Education for Migratory Children (2023)  PDF (257K) and Protecting Access to Education for Unaccompanied Children (2023)  PDF (236K) that discuss specific challenges some migratory children and unaccompanied children may face while accessing public education, remind public schools of their responsibilities to migratory and unaccompanied children under federal civil rights laws, and explain where families can seek help. The fact sheets are also available in other languages.

Additional resources regarding students who are English learners and parents and guardians who have limited English proficiency are available on OCR’s Equal Educational Opportunities for English Learners webpage.

*Discrimination Based on Race, Color, or National Origin, including Shared Ancestry or Ethnic Characteristics*

OCR issued a Dear Colleague Letter (2023)  PDF (332K) and a fact sheet (2023)  PDF (267K) that describe how Title VI protection covers students who are or are perceived to be Jewish, Christian, Muslim, Sikh, Hindu, Buddhist, or other groups that are or are perceived to: 1) share ancestry or ethnic characteristics; or 2) have citizenship or residency in a country with a dominant religion or distinct religious identity.

Title VI prohibits discrimination based on race, color, or national origin against students of any religion when the discrimination, for example: 

      - involves racial, ethnic, or ancestral slurs or stereotypes; is based on a student’s skin color, physical features, or style of dress that reflects both ethnic and religious traditions; or is based on the country or region where a student is from or is perceived to have come from, including, for example, discrimination based on a student’s accent or name, a student’s limited English proficiency, or a student speaking a language other than English. 
  Additional resources regarding Title VI protection relating to shared ancestry or ethnic characteristics is available on OCR’s Shared Ancestry or Ethnic Characteristics webpage.  *Racial Discrimination in School Discipline*  OCR and DOJ released a Resource  PDF (1.2M) on Confronting Racial Discrimination in Student Discipline (2023). The Resource describes how the Departments resolved investigations of 14 school districts in 10 states nationwide under Title VI and Title IV of the Civil Rights Act of 1964, during the current and previous two presidential administrations. The investigations involved concerns about discrimination in schools’ use of out-of-school suspensions, expulsions, school-based arrests, referrals to law enforcement, involuntary discipline transfers, informal removals, and other disciplinary actions for a number of disciplinary infractions, including dress code violations.   *Resource Comparability*  OCR issued a Dear Colleague Letter (2014)  PDF (478K)  explaining that Title VI prohibits discrimination on the basis of race in the allocation of school resources such as courses, academic programs, extracurricular activities, teachers, leadership, student support, school facilities, instructional materials, and access to technology and digital opportunities.   Additional resources regarding resource comparability are available on OCR’s Resource Comparability webpage.  *Race Discrimination in Special Education*  OCR issued a Dear Colleague Letter (2016)  PDF (470K) explaining that states, districts, and public schools cannot discriminate on the basis of race, color, or national origin in the administration of special education or related aids and services. This resource addresses overrepresentation, underrepresentation, and misrepresentation of students of color as students with disabilities. Title VI requires that students of all races, colors, and national origins have equal access to general education interventions and to a timely referral for an evaluation for disability and special education and/or related aids and services under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973. Title VI also requires that students of all races, colors, and national origins are treated equitably in the evaluation process, in the quality of special education services and supports they receive, and in the degree of restrictiveness of their educational environment. Additional resources are available on OCR’s Race Discrimination in Special Education webpage.  **How to File a Discrimination Complaint with OCR**  Anyone who believes that a recipient of federal financial assistance has discriminated against any person on the basis of race, color, or national origin may file a complaint with OCR under Title VI. The person or organization filing the complaint need not be a victim of the alleged discrimination and may complain on behalf of another person or group.   You may file a complaint with OCR using OCR’s electronic complaint form at the following website: https://ocrcas.ed.gov/. A complaint may also be sent to the OCR regional office that serves the state in which the alleged discrimination occurred. A complaint must be filed within 180 days of the date of the alleged discrimination unless OCR grants a waiver of the 180-day filing requirement. If you have also filed a complaint under an institutional grievance process, a complaint with OCR must be filed within 60 days of the completion of the institutional grievance process.  Additional information about how to file an OCR complaint and OCR’s complaint process is available within resources on OCR’s website, including: How to File a Discrimination Complaint With the Office for Civil Rights;  PDF  (177K) OCR Complaint Processing Procedures;  PDF (201K) Questions and Answers on OCR's Complaint Process; and OCR Case Processing Manual.  PDF (709K)  Top            Last Modified: 03/04/2024