U.S. Department of Education

Office for Civil Rights

Ensuring Equal Access 

To High-Quality

 Education
Ensuring Equal Access 

To High-Quality

 Education

U.S. Department of Education

Office for Civil Rights

Revised January 2011
U.S. Department of Education

Arne Duncan

Secretary

Office for Civil Rights

Russlynn Ali

Assistant Secretary

 January 2011

This publication is in the public domain. Authorization to 

reproduce it in whole or in part is granted. The publication’s 

citation should be: U.S. Department of Education, Office for 

Civil Rights, Ensuring Equal Access to High-Quality Education, 

Washington, D.C., 2011.

To order this publication: 

write to: ED Pubs Education Publications Center,

U. S. Department of Education, P.O. Box 22207, Alexandria, VA 

22304.

Or fax your request to: 703-605-6794.

Or e-mail your request to: edpubs@inet.ed.gov

Or call in your request toll-free: 1-877-433-7827 (1-877-4-EDPUBS). Those who use a telecommunications device for the deaf 

(TDD) or a teletypewriter (TTY), should call 1-877-576-7734. If 

877 service is not yet available in your area, call 1-800-872-5327 

(1-800-USA-LEARN).

Or order online at: http://edpubs.gov/

This publication is also available on the Department’s website 

at:http://www.ed.gov/ocr. Any updates to this publication will be 

available at this website. 

On request, this publication can be made available in alternate 

formats, such as Braille, large print, or compact disc. For more 

information, you may contact the Department’s Alternate Format 

Center at 202-260-0852 or 202-260-0818. If you use a TDD, call 

1-800-877-8339.
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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 and 

services, 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 financial assistance from the Department. 

These laws are: 
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✦ 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 its 

territorial jurisdictions. In Washington, D.C., the Office of 
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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 financial assistance. 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.
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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; 
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✦ access to alternative-language services by English 

language learners; 

✦ 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; 
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✦ 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. 
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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 resolution of 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 the complaining party. 
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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 such issues 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. 
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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 education agencies, 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 to the Department’s website. 

Challenges Ahead

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.
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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
The Department of Education's mission 

is to promote student achievement and preparation 

for global competitiveness by fostering educational 

excellence and ensuring equal access.

www.ed.gov