Frequently Asked QuestionsReading Room

The Office for Civil Rights (OCR) works to  ensure equal access to education and to promote educational excellence throughout  the Nation through vigorous enforcement of civil rights laws. In accordance  with this mission, OCR enforces laws and regulations, and proposes rules and  notices. The Federal Register publishes Department rules, proposed rules, and  public notices.  

 

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####     Federal Register Notices and Regulations - Title VI of the Civil Rights Act of 1964 

**Notices - Title VI**
                      - **Request for  Information Regarding the Nondiscriminatory Administration of School Discipline**.  Request  for written comments regarding the nondiscriminatory administration  of school discipline in schools serving students in pre-k through grade  12.  The Request for Information will be published by the Department  of Education, Office for Civil Rights in the Federal Register on June 4, 2021.
                      - **Request for  Information Regarding the Nondiscriminatory Administration of School Discipline**.  Request  for written comments regarding the nondiscriminatory administration  of school discipline in schools serving students in pre-k through grade  12.  The Request for Information will be published by the Department  of Education, Office for Civil Rights in the Federal Register on June 4, 2021.
                      - **Notice of investigative guidance. Racial Incidents and Harassment Against Students at Educational Institutions; Investigative Guidance**. Investigative guidance on the procedures and analysis that OCR staff follow when investigating issues of racial incidents and harassment against students at educational institutions. Department of Education, Office for Civil Rights at 59 Fed. Reg. 11448 (Mar. 10, 1994).
                      - **Notice of final policy guidance. Nondiscrimination in Federally assisted programs** (RESCINDED); Title VI of the Civil Rights Act of 1964. The final policy guidance discusses the applicability of the statutes' and regulations' nondiscrimination requirement to student financial aid that is awarded, at least in part, on the basis of race or national origin. Department of Education, Office for Civil Rights at 59 Fed. Reg. 8756 (Feb. 23, 1994). Rescinded on Aug. 26, 2020.
                      - **Notice of Application of Supreme Court Decision**. The notice describes the effect of the Supreme Court's decision in *United States v. Fordice* on the enforcement policies of the Department of Education’s Office for Civil Rights under Title VI of the Civil Rights Act of 1964. Department of Education, Office for Civil Rights at 59 Fed. Reg. 4271 (Jan. 31, 1994).
                      - **Announcement of Title VI Lead Agency Status for Elementary and Secondary Schools and Institutions**. Announcement that pursuant to the Department of Education Organization Act of 1979, the Department of Education now has lead agency status with regard to certain Title VI compliance responsibilities towards secondary schools and institutions of higher education that had been performed by the Department of Health, Education, and Welfare. Department of Education, Office for Civil Rights at 45 Fed. Reg. 54793 (Aug. 18, 1980).
                      - **Report on Nonpublic Schools Participating in Federal Programs**. Department of Health, Education, and Welfare, Office for Civil Rights at 41 Fed. Reg. 3553 (Aug. 23, 1976).
                      - **Identification of Discrimination and Denial of Services on the Basis of National Origin**. Department of Health, Education, and Welfare, Office for Civil Rights at 35 Fed. Reg. 11595 (July 18, 1970).

**Regulations - Title VI**
                      - **Conforming Amendments to the Regulations Governing Nondiscrimination on the Basis of Race, Color, National Origin, Disability, Sex, and Age Under the Civil Rights Restoration Act of 1987**. Department of Education, Office for Civil Rights at 65 Fed. Reg. 68050 (Nov. 13, 2000) and amended CFR Parts 100, 104, 106, and 110.
                      - **Privacy Act Regulations**. These final regulations under the Privacy Act permit the Department of Education's Office for Civil Rights (OCR) to exempt the "Complaint Files and Log" system of records from certain provisions under the Act. Department of Education, Office for Civil Rights at 48 Fed. Reg. 38817 (Aug. 26, 1983).
                      - **Guidelines for Vocational Education Programs**. These guidelines explain the civil rights responsibilities of recipients of Federal funds offering or administering vocational education programs. Department of Health, Education, and Welfare, Office for Civil Rights, at 44 Fed. Reg. 17162 (Mar. 21, 1979), codified at 34 CFR Part 100, Appendix B; 34 CFR. Part 104, Appendix B; and 34 CFR Part 106, Appendix A.

 

####     Federal Register Notices and Regulations - Title IX of the Education Amendments of 1972 

**Notices – Title IX**
                      - **Notice of proposed rulemaking** on eligibility for male and female athletic teams under Title IX. The proposed regulation would permit a school to use criteria that would limit or deny a student’s eligibility to participate on a male or female team consistent with their gender identity if those criteria are substantially related to the achievement of an important educational objective. The proposed regulation would require a school to take into account differences in grade and education level, level of competition, and sports. The proposed regulation would also require a school to minimize harms to students whose participation on teams consistent with their gender identity would be limited or denied. This notice was published by the Department of Education, Office for Civil Rights, at 88 Fed. Reg. 22860 (April 13, 2023). The Department’s notice of proposed rulemaking will be open for public comment until May 15, 2023.
                      - **Notice of proposed rulemaking** to clarify and modify regulatory requirements that specify how recipient schools and institutions covered by Title IX must ensure that their education programs and activities are free from all forms of sex discrimination, including discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. The proposed amendments also specify how schools and institutions covered by Title IX would be required to address sexual harassment and sexual violence, and provide clear procedures for students, educators, and others involved to address sex discrimination in schools and on campuses. This notice was published by the Department of Education, Office for Civil Rights  at 87 Fed. Reg. 41390 (July 12, 2022). The comment period for this notice of proposed rulemaking has closed. 
                      -  **Notice of Interpretation -  Enforcement of Title IX with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of *Bostock v. Clayton County***. Clarifies that Title IX’s prohibition on discrimination       based on sex encompasses discrimination based on sexual orientation and       gender identity.  This       notice was published by the Department of Education, Office for Civil       Rights at 86 Fed. Reg. 32637 (June 22, 2021). Pursuant to a Federal court order, the Department has been preliminarily “enjoined and restrained from implementing" this document against the states of Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, South Carolina, South Dakota, and West Virginia. *See State of Tenn., et al. v. U.S. Dep’t of Educ.,* No. 3:21-cv-308 (E.D. Tenn.) (July 15, 2022).
                      - **Notice announcing virtual public hearing** to gather information for the purpose of improving enforcement of Title IX. This notice was published by the Department of Education, Office for Civil Rights at 86 Fed. Reg. 27429 (May 20, 2021). The public hearing was held from June 7 to June 11, 2021. The hearing provided the Department with the opportunity to hear the views of over 280 students, educators, and other members of the public on Title IX that spanned a variety of issues, including discrimination based on sexual orientation or gender identity, and sexual harassment and sexual violence in K-12 and postsecondary education contexts. The full transcript of the hearing, the transcript for each day of the hearing, as well as the written comments are available on OCR’s webpage dedicated to the June 2021 Title IX Public Hearing.  
**Notice of proposed rulemaking** to clarify and modify regulatory requirements that specify how recipient schools and institutions covered by Title IX must respond to incidents of sexual harassment.  This notice was published by the Department of Education, Office for Civil Rights at 83 Fed. Reg. 61462 (Nov. 29, 2018). 
  
**Notice of proposed rulemaking** to clarify and modify the Title IX regulatory requirements pertaining to the provision of single-sex schools and classes in elementary and secondary schools. This notice was published by the Department of Education, Office for Civil Rights at 69 Fed. Reg. 11276 (March 9, 2004).
  
**Policy Interpretation - Title IX and Intercollegiate Athletics**.  Clarifies the obligations of recipients to provide equal opportunity in  athletic programs, especially with respect to athletic financial assistance, equivalence in other athletic benefits and opportunities, and effective accommodation of students' interests and abilities. This policy interpretation  was published by the Department of Health, Education and Welfare at 44 Fed.  Reg. 71413 (Dec. 11, 1979).
  **Regulations - Title IX**                          - **Amendments to the Department’s regulations implementing Title IX** specifying how recipient schools and institutions covered by Title IX must respond to allegations of sexual harassment.  These amendments to the regulations were published by the Department of Education, Office for Civil Rights and codified at 34 CFR Part 106, as amended, 85 Fed. Reg. 30026 (May 19, 2020). 
                        - **Amendments to the Department’s regulations implementing Title IX**to permit additional options for single-sex classes, extracurricular activities, and schools at the elementary and secondary education levels.  These amendments to the regulations were published by the Department of Education, Office for Civil Rights at 71 Fed. Reg. 62530 and amended 34 C.F.R. Part 106. (Oct. 25, 2006) PDF (167K)
                        - **Conforming Amendments to the Regulations Governing Nondiscrimination on the Basis of Race, Color, National Origin, Disability, Sex, and Age Under the Civil Rights Restoration Act of 1987** (CRRA) to add a definition of “program or activity” or “program” that adopts the statutory definition of “program or activity” or “program” enacted as part of the CRRA.  These amendments to the regulations were published by the Department of Education, Office for Civil Rights at 65 Fed. Reg. 68050 (Nov. 13, 2000) and amended CFR Parts 100, 104, 106, and 110.
                        - **Privacy Act Regulations**. These final regulations under the Privacy Act permit the Department of Education's Office for Civil Rights to exempt the "Complaint Files and Log" system  of records from certain provisions under the Act. These regulations were  published at 48 Fed. Reg. 38817 (Aug. 26, 1983).
                        - **Guidelines for Vocational Education Programs**. These guidelines explain the civil rights responsibilities of recipients of Federal funds offering or  administering vocational education programs. These Guidelines were published by the Department of Health, Education and Welfare, Office for Civil Rights, at 44  Fed. Reg. 17162 (Mar. 21, 1979), and are codified at 34 CFR Part 100, Appendix B; 34 C.F.R. Part 104, Appendix B; and 34 C.F.R. Part 106, Appendix A.     Federal Register Notices and Regulations - Section 504/ADA 
**Federal Register  Notices and OCR Policy - Section 504/ADA**
- **Notice of Interpretation of Section  504 of the Rehabilitation Act of 1973** for new construction and alterations in light  of recent revisions, by the Department of Justice, of regulations implementing  Title II of the Americans with Disabilities Act     77 Fed. Reg. 14972 (March 14, 2012). PDF (237K) TEXT (36K)
-  **Deaf Students  Education Services; Notice of Policy Guidance**. Provides  additional guidance about part B of the Individuals with Disabilities Education  Act (IDEA) and section 504 of the Rehabilitation Act of 1973 (Section 504) as  they relate to the provision of appropriate education services to students who  are deaf. This notiice was published by the Department of Education at 57 Fed.  Reg. 49274 (Oct. 30, 1992). 
- **Nondiscrimination  on the Basis of Handicap in Programs and Activities Receiving or Benefiting  From Federal Financial Assistance; and Assistance to States for Education of  Handicapped Children.** This notice of interpretation regarding  the use of parents' insurance proceeds to pay for required educational services  was published by the Department of Education, Office of Special Education and  the Office for Civil Rights at 45 Fed. Reg. 86390 (Dec. 30, 1980).
- **Nondiscrimination  in Federally Assisted Programs – Policy Interpretations**. These  four policy interpretations provide guidance concerning certain requirements  set forth in the Department of Education's regulation issued under Section 504  of the Rehabilitation Act. The policy interpretations are in the following  subjects: 1) program accessibility requirements; 2) carrying persons with  disabilities to achieve program accessibility; 3) participation of persons with  disabilities in contact sports; and 4) school board members as hearing  officers. These policy interpretations were published by the Department of  Health, Education and Welfare, Office for Civil Rights, at 43 Fed. Reg. 36034  (Aug. 14, 1978). PDF (1.5M)

**Regulations - Section  504/ADA**
- **Regulations for  Title II of the Americans with Disabilities Act of 1990**. Revised  as of September 15, 2010. These regulations concern non-discrimination on the  basis of disability in state and local government services.
- **Regulations for  Section 504 of the Rehabilitation Act of 1973**. These regulations  concern non-discrimination on the basis of disability in education programs and  activities receiving or benefiting from Federal financial assistance. Published  by the Department of Education and codified as 34 CFR Part 104, as amended, 65  Fed. Reg. 68050 (Nov. 13, 2000).
      Federal Register Notices and Regulations - Age Discrimination Act   -  **Conforming  Amendments to the Regulations Governing Nondiscrimination on the Basis of Race,  Color, National Origin, Disability, Sex, and Age Under the Civil Rights  Restoration Act of 1987**. These regulations were  published by the Department of Education, Office for Civil Rights at 65 Fed.  Reg. 68050 (Nov. 13, 2000) and amended CFR Parts 100, 104, 106,  and 110.  The OCR Internet web site and the Program Legal Group each currently has a link  to this notice. 
- **Privacy Act Regulations**. These final  regulations under the Privacy Act permit the Department of Education's Office  for Civil Rights (OCR) to exempt the "Complaint Files and Log" system  of records from certain provisions under the Act. These regulations were  published at 48 Fed. Reg. 38817 (Aug. 26, 1983). 

**Regulations - Age Discrimination Act**-  **Regulations for the Age Discrimination Act of 1975**. These regulations were  published by the Department of Education and codified at 34 CFR Part 110, as  amended, 65 Fed. Reg. 68050 (Nov. 13, 2000).

      Federal Register Notices and Regulations - Boy Scouts of America Equal Access Act   - **Privacy Act Regulations**. These final  regulations under the Privacy Act permit the Department of Education's Office  for Civil Rights (OCR) to exempt the "Complaint Files and Log" system  of records from certain provisions under the Act. These regulations were  published at 48 Fed. Reg. 38817 (Aug. 26, 1983). 
      Federal Register Notices and Regulations - Multi-Category  
**Federal Register  Notices and OCR Policy - Section 504/ADA**
- **Conforming  Amendments to the Regulations Governing Nondiscrimination on the Basis of Race,  Color, National Origin, Disability, Sex, and Age Under the Civil Rights  Restoration Act of 1987**. These regulations were  published by the Department of Education, Office for Civil Rights at 65 Fed.  Reg. 68050 (Nov. 13, 2000) and amended CFR Parts 100, 104, 106,  and 110.  The OCR Internet web site and the Program Legal Group each currently has a link  to this notice. 
- **Privacy Act Regulations**. These final  regulations under the Privacy Act permit the Department of Education's Office  for Civil Rights (OCR) to exempt the "Complaint Files and Log" system  of records from certain provisions under the Act. These regulations were  published at 48 Fed. Reg. 38817 (Aug. 26, 1983). 
- **Guidelines for  Vocational Education Programs**. These guidelines explain the  civil rights responsibilities of recipients of Federal funds offering or  administering vocational education programs. These Guidelines were published by  the Department of Health, Education and Welfare, Office for Civil Rights, at 44  Fed. Reg. 17162 (Mar. 21, 1979), and are codified at 34 CFR Part 100, Appendix  B.
                    Last Modified: 04/13/2023