**Ensuring Equal Access To High-Quality Education**

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**U.S. Department of Education**    Arne Duncan*Secretary*

**Office for Civil Rights**	Russlynn Ali*Assistant Secretary*

 

**Impact of the Civil Rights Laws**

Enforcement of the federal civil rights laws has helped bring about profound  changes in American education and improved the educational opportunities of  millions of students. Many barriers that once prevented individuals from freely  choosing educational opportunities and careers have been removed. Many school  systems are now making it possible for students who are not proficient in English  to participate effectively in their educational programs. Many more students  with disabilities are now able, with the provision of supplementary aids andservices, to participate in regular education classes. 

  The civil rights laws have opened the doors to our schools, classrooms, auditoriums,  athletic fields, and arenas. In response, people from the many diverse backgrounds  that represent today’s America are coming through these doors, on the way to  becoming our future leaders in business, government, science, the arts, and  education. The civil rights laws ensure that the doors remain open to all. 

**Responsibilities of the Office for Civil Rights**

The Office for Civil Rights (OCR) in the U.S. Department of Education (Department)  is a law enforcement agency charged with enforcing federal civil rights laws  to ensure that educational institutions receiving federal financial assistance  do not engage in discriminatory conduct. OCR enforces the federal civil rights  laws that prohibit discrimination on the bases of race, color, national origin,  sex, disability, and age in programs and activities that receive federal financialassistance from the Department. These laws are: 

Title VI of the 
Civil Rights Act of 1964 
(prohibits race, color,    and national origin discrimination); 

Title IX of the 
Education Amendments of 1972
 (prohibits sex    discrimination in educational programs); 

Section 504 of the 
Rehabilitation Act of 1973 
(prohibits disability    discrimination); 

Age Discrimination Act of 1975 
(prohibits age discrimination);    and 

 Title II of the 
Americans with Disabilities Act of 1990 
(prohibits    disability discrimination by public entities, including public school districts,    public colleges and universities, public vocational schools, and public    libraries, whether or not they receive federal financial assistance). 

In addition, OCR enforces the *Boy Scouts of America Equal Access Act*,  which is part of the *Elementary and Secondary Education Act*. Under  this law, no public elementary or secondary school or state or local education  agency that provides an opportunity for one or more outside youth groups or  community groups to meet on school premises or in school facilities shall deny  equal access or a fair opportunity to meet to, or discriminate against, any  group officially affiliated with the Boy Scouts of America, or any other youth  group listed in Title 36 of the United States Code as a patriotic society,that wishes to meet at the school. 

OCR is composed of a headquarters office, located in Washington, D.C., and  12 enforcement offices representing 12 regions in the United States and itsterritorial jurisdictions. In Washington, D.C., the Office of the Assistant Secretary  for Civil Rights provides overall leadership, policy development, and coordination  of enforcement activities. The enforcement offices are responsible for investigating  and resolving complaints of discrimination, conducting compliance reviews,  monitoring corrective actions agreements, and providing technical assistance.  The majority of OCR’s staff is assigned to the enforcement offices, which are  located in Boston, New York, Philadelphia, Washington, D.C., Atlanta, Dallas,Cleveland, Chicago, Kansas City, Denver, San Francisco, and Seattle. 

**The Laws Apply to Educational Institutions**

The civil rights laws extend to most educational institutions in the nation  because most educational institutions receive some type of federal financialassistance. The civil rights laws, therefore, cover: 

more than 
14,000 
school districts; 

 more than 
5,000 
colleges and universities; 

about 
5,000 
institutions that confer certificates below      the associate degree level, such as training schools for truck drivers      and cosmetology schools; and 

 thousands of other entities, such as libraries, museums, vocational rehabilitation      agencies, and correctional facilities.

**The Laws Apply to Students and Employees**

The civil rights laws protect students attending, or applying to attend, our  educational institutions, as follows: 

 about 
55.5 
million students attending elementary and secondary  schools; and 

about 
19.1 
million students attending colleges and universities. 

In certain situations, the laws also protect persons who are employed, or are  seeking employment, at educational institutions. 

  

**OCR Receives Discrimination Complaints from the General Public**

One important way that OCR carries out its responsibilities is by resolving  complaints filed by students, parents, and others. The person or organization  filing a complaint need not be a victim of the alleged discrimination but may  complain on behalf of another person or group. Generally, OCR will take action  only on complaints that have been filed within 180 calendar days after the  last act of alleged discrimination, or on complaints that allege a continuing  discriminatory policy or practice. 

OCR receives more than 6,000 complaints each year. The complaints involve some  of the most important issues affecting equal access to high-quality education. 

**Under Title VI**— race, color, and national origin discrimination— complaints include such issues as: 

 use of racial or ethnic classifications, including ability grouping;

 access to alternative-language services by English language lerners; 

 disciplinary practices; 

 student assignment policies, including assignment to gifted and talented    programs; 

 interdistrict student transfers; 

 school desegregation; 

 racial harassment; 

 student housing on college campuses; and 

 academic grading. 

**Under Title IX**— sex discrimination — complaints include      such issues as:  

sexual harassment; 

 equal opportunity in interscholastic and intercollegiate athletics; 

 treatment of students who are pregnant; and 

 admission to postsecondary institutions.

**Under Section 504 and Title II**— disability discrimination      — complaints include such issues as: 

 accessibility of school facilities and programs; 

appropriate special education services; 

evaluation and placement of students who may need special education services; 

 teaching students in the least restrictive environment consistent with      their educational needs; 

suspension and expulsion of students with disabilities; 

disability harassment; 

 academic adjustments and modifications; and 

 auxiliary aids for students with impaired sensory, manual, or speaking      skills. 

**Under the *Age Discrimination Act***complaints include      such issues as: 

student treatment; 

program requirements; and 

admissions. 

**How OCR Resolves Complaints**

OCR strives to resolve complainants’ allegations of discrimination promptly,    fairly, and appropriately. OCR has found that the best way to resolve problems    is through a collaborative approach among students, parents, community groups,state and local education agencies, and schools or colleges. 

    OCR uses a variety of methods to resolve complaints, ranging from early complaint    resolution to investigating and negotiating agreements with recipients for      voluntary compliance. 

    If OCR cannot secure voluntary compliance, it may seek compliance through      the administrative hearing process or through referral to the U.S. Department      of Justice. This flexible approach allows OCR to: 

 provide timely and effective intervention at the beginning of the complaint    process; 

focus on achieving compliance with anti-discrimination statutes; and 

make students, parents, and school officials central to the resolutionof complaints. 

**OCR Carries Out Compliance Reviews**

In addition to resolving individual complaints, OCR often initiates cases,  called “compliance reviews,” so that it may target resources to compliance  problems that are particularly acute, national in scope, or newly emerging. 

Targeted compliance reviews maximize the impact of OCR’s resources and balance  the enforcement program. Compliance reviews ensure the protection of the civil  rights of vulnerable groups, such as non-English speaking individuals or the  very poor, who may be less aware of the laws. OCR’s experience also shows that  careful targeting of compliance reviews nearly always results in recipients  making policy or program changes that benefit large numbers of students. In  contrast, the resolution of an individual complaint often benefits only thecomplaining party. 

OCR selects compliance reviews based in part on various sources of information,  including survey data and information provided by complainants, education groups,  media, and the general public. OCR has conducted compliance reviews on suchissues as: 

minority students in special education and low-track courses; 

English language learners' access to alternative language    services to benefit from school districts' educational programs; 

free appropriate public education for students with disabilities; 

minority students' access to gifted and talented and other    advanced placement courses; 

racial harassment; and

sexually hostile environments. 

**OCR's Technical Assistance Helps People and Institutions**

The aim of OCR’s technical assistance efforts is to prevent violations      of the civil rights laws. We accomplish that aim by helping recipients      comply with the laws and helping beneficiaries understand their rights.      With the millions of students protected by the civil rights laws, OCR recognizes      that its efforts alone are insufficient to stop illegal discrimination      in education. Students, parents, and educators must have the knowledge      and skills to prevent illegal discrimination from occurring in the first    place. 

OCR provides assistance to enable institutions to come into compliance during  the complaint resolution process or during a compliance review. In addition,  OCR conducts a broad program of proactive technical assistance outreach through  a variety of methods, including on-site consultations, training classes, workshops,  meetings, and participation in conferences. OCR also responds to inquiries  and requests for assistance from other federal agencies, state and local educationagencies, community groups, parents, students, and the general public. 

Many OCR offices have developed customer service teams to be more responsive  to its partners and stakeholders, and to members of the general public. OCR  has established a home page, http://www.ed.gov/ocr, which is also linked tothe Department’s website. 

While we recognize the progress brought about by enforcement of the civil  rights laws, problems persist in the denial of full educational opportunities  to persons with disabilities, racial and language minorities, females, and  older Americans. A commitment to the goals of the civil rights compliance program  — equal access, educational excellence, and high standards for all students— is an investment that we must make if we are to secure America’s future.

**Contacting OCR**

The Customer Service and Technology Team in OCR’s national headquarters answers  OCR’s hotline. Callers use the hotline to inquire about a wide range of issues  that relate to federal civil rights laws and OCR policies and guidelines, and  to obtain information on OCR’s enforcement program. 

If you would like more information about the laws that the Office for Civil  Rights enforces, how to file a civil rights complaint, or how to obtain technical  assistance, you may contact the enforcement office that serves your state or  territory at: http://www.ed.gov/ocr/contactus.html. 

For further information: 

**OCR Hotline:**1-800-421-3481; 

**TDD:**877-521-2172 

**E-mail:**OCR@ed.gov; 

**Web:**http://www.ed.gov/ocr
  Last Modified: 04/03/2023