### **Rescinded: This document has been formally rescinded by the Department and remains available on the web for historical purposes only.**

### OFFICE OF THE ASSISTANT SECRETARY

April 26, 2004

Dear Colleague:

On behalf of the Office for Civil Rights of the United States Department of Education (OCR), I am writing to highlight aspects of the responsibilities of recipients of federal financial assistance to comply with the requirements of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 *et seq*. (Title IX), and its implementing regulations, 34 C.F.R. Part 106. As you are aware, Title IX prohibits discrimination on the basis of sex in education programs or activities by recipients of federal financial assistance. Specifically, this letter is to remind chief state school officers and state and local educational agencies that the Title IX regulations require recipients to designate a Title IX coordinator, adopt and disseminate a nondiscrimination policy, and put grievance procedures in place to address complaints of discrimination on the basis of sex in educational programs and activities. 

OCR recently reviewed the Title IX compliance status of selected     recipients and found in several instances that recipients have not complied     with some of the above requirements of the Title IX implementing regulations.      Examples of deficiencies identified by the investigations include the failure     to designate and/or adequately train at least one employee to coordinate the     recipient's Title IX responsibilities, the failure to have and/or disseminate     notice of the nondiscrimination policy, and the failure to adopt or publish     required Title IX grievance procedures to address sex discrimination claims.      The most frequently cited problem was the failure to effectively disseminate     notice of the Title IX coordinator's identity and contact information as required     by the Title IX regulations.  These are all the things that OCR looks for     in conducting investigations on these issues.

Recipients of federal financial assistance, including state and local educational agencies, must comply with the Title IX implementing regulations. The Title IX implementing regulations at 34 C.F.R. § 106.8(a) require that each recipient designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX. The coordinator's responsibilities include investigating complaints communicated to the recipient alleging noncompliance with Title IX. Section 106.8(a) also requires the recipient to notify all students and employees of the name, address, and telephone number of the designated coordinator. Section 106.8(b) requires that each recipient adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints under Title IX. 

The Title IX regulations at 34 C.F.R. § 106.9 require that each recipient publish a statement (notice) that it does not discriminate on the basis of sex in the education programs or activities it operates. The notice must state, at a minimum, that the recipient does not discriminate on the basis of sex in admission to or employment in its education programs or activities. The notice must further state that inquiries to recipients concerning the application of Title IX and its implementing regulations may be referred to the Title IX coordinator or to OCR.

Section 106.9(b) requires that the notice of nondiscrimination     be displayed prominently in each announcement, bulletin, catalog, or application     form used in connection with recruitment of students or employees.  The notice     should also include the name, office address, and telephone number for the     designated Title IX coordinator.  

The Department is committed to enforcing Title IX aggressively.      The compliance problems OCR noted during our recent investigations suggest     that some recipients may not have been vigilant in ensuring compliance with     the above-mentioned procedural requirements of the regulations implementing     Title IX.  My goal is that, by focusing attention on this issue, recipients     will re-evaluate their policies and practices in this area, increase their     compliance with these requirements, and improve access to educational benefits     and services for all beneficiaries.  If you need additional information about     Title IX, have questions regarding the Department's policies, or seek guidance,     please contact the OCR enforcement office that serves your state or territory     for further assistance.  I have enclosed the addresses and telephone numbers     of those offices.  

Thank you for your attention to these matters.

Sincerely,

Kenneth L. Marcus    Delegated the Authority of the    Assistant Secretary for Civil Rights    U.S. Department of Education

Enclosure

| OFFICE FOR CIVIL RIGHTSU.S. DEPARTMENT OF EDUCATION                                                                                                                                                                                                                                                                                |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 400 Maryland Avenue, SW, Washington, DC 20202-1100Customer Service #: (800) 421-3481 * TDD#: (877) 521-2172 * http://www.ed.gov/ocr                                                                                                                                                                                                |
| **Eastern**

**Division**                                                                                                                                                                                                                                                                                                          | **Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont**Office for Civil Rights,*Boston Office*U.S. Department of EducationJ. W. McCormack POCH, Room 701Boston, MA 02109-4557      Telephone: (617) 223-9662 Facsimile: (617) 223-9669      TDD: (617) 223-4097Email: OCR.Boston@ed.gov | **MidwesternDivision** | **Illinois, Indiana, Minnesota, Wisconsin**,       **Iowa,****North Dakota**Office for Civil Rights,*Chicago Office*U.S. Department of Education111 North Canal Street, Suite 1053Chicago, IL 60606-7204      Telephone: (312) 886-8434 Facsimile: (312) 353-4888      TDD: (312) 353-2540 Email: OCR.Chicago@ed.gov |
| **New Jersey, New York, Puerto Rico, Virgin Islands**Office for Civil Rights,*New York Office*U. S. Department of Education75 Park Place, 14th FloorNew York, NY 10007-2146      Telephone: (212) 637-6466 Facsimile: (212) 264-3803      TDD: (212) 637-0478 Email: OCR.NewYork@ed.gov                                            | **Michigan, Ohio**Office for Civil Rights,*Cleveland Office*      U.S. Department of Education      600 Superior Avenue East, Suite 750Cleveland, OH 44114-2611      Telephone: (216) 522-4970 Facsimile: (216) 522-2573      TDD: (216) 522-4944 Email: OCR.Cleveland@ed.gov |
| **Delaware, Maryland, Kentucky, Pennsylvania, West Virginia**Office for Civil Rights,*Philadelphia Office*U.S. Department of EducationThe Wanamaker Building100 Penn Square East, Suite 515Philadelphia, PA 19107      Telephone: (215) 656-8541 Facsimile: (215) 656-8605      TDD: (215) 656-8604 Email: OCR.Philadelphia@ed.gov | **Kansas, Missouri, Nebraska, South Dakota**,       **Oklahoma**Office for Civil Rights,*Kansas City Office*U.S. Department of Education8930 Ward Parkway, Suite 2037Kansas City, MO 64114      Telephone: (816) 268-0550 Facsimile: (816) 823-1404      TDD: (800) 437-0833 Email: OCR.KansasCity@ed.gov |
| **SouthernDivision**                                                                                                                                                                                                                                                                                                               | **Alabama, Florida, Georgia, Tennessee**Office for Civil Rights,*Atlanta Office*U.S. Department of Education61 Forsyth Street S.W., Suite 19T70Atlanta, GA 30303-3104      Telephone: (404) 562-6350 Facsimile: (404) 562-6455      TDD: (404) 562-6454 Email: OCR.Atlanta@ed.gov | **WesternDivision** | **Arizona, Colorado, New Mexico, Utah, Wyoming**Office for Civil Rights,*Denver Office*U.S. Department of Education Federal Building,       Suite 310, 1244 Speer BoulevardDenver, CO 80204-3582      Telephone: (303) 844-5695 Facsimile: (303) 844-4303      TDD: (303) 844-3417 Email: OCR.Denver@ed.gov |
| **Arkansas, Louisiana, Mississippi, Texas**Office for Civil Rights,*Dallas Office*U.S. Department of Education1999 Bryan Street, Suite 2600Dallas, TX 75201      Telephone: (214) 880-2459 Facsimile: (214) 880-3082      TDD: (214) 880-2456 Email: OCR.Dallas@ed.gov                                                             | **California**Office for Civil Rights,*San Francisco Office*U.S. Department of EducationOld Federal Building50 United Nations Plaza, Room 239San Francisco, CA 94102-4102      Telephone: (415) 556-4275 Facsimile: (415) 437-7783      TDD: (415) 437-7786 Email: OCR.SanFrancisco@ed.gov |
| **North Carolina, Virginia, Washington, D.C., South       Carolina**Office for Civil Rights,*District of Columbia Office*U.S. Department of EducationP.O. Box 14620Washington, DC 20044-4620      Telephone: (202) 208-2545 Facsimile: (202) 208-7797      TDD: (202) 208-7741 Email: OCR.DC@ed.gov                                | **Alaska, Hawaii, Idaho, Nevada, Oregon, Montana,Washington,       Pacific Region**Office for Civil Rights,*Seattle Office*U.S. Department of Education915 Second Avenue, Room 3310Seattle, WA 98174-1099      Telephone: (206) 220-7900 Facsimile: (206) 220-7887      TDD: (206) 220-7907 Email: OCR.Seattle@ed.gov |

#### Address list revised July 2004

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