Racial discrimination in Education

The Office of Civil Rights (Office for Civil Rights, OCR) of the Department of Education (Education Department, ED) of the united States guarantees the enforcement of various federal laws on civil rights that prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education:

• it prohibits discrimination on the basis of race, color or national origin in accordance with title VI of the Civil Rights Act of 1964;
• it prohibits discrimination on the basis of sex pursuant to title IX of the Educational Amendments of 1972;
• it prohibits discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act of 1990 (title II prohibits discrimination on the basis of disability by public entities, regardless of whether or not they receive federal financial assistance); and
• it prohibits discrimination on the basis of age under the Age Discrimination Act of 1975.

Civil rights laws extend to all educational institutions-state, school systems primary and secondary, and universities, vocational schools, private schools, state agencies, vocational rehabilitation, libraries, and museums that receive federal financial assistance from ED. Programs or activities that receive funds from ED are required to provide assistance, benefits or services to you without any kind of discrimination. Such aid, benefit or service may include, among other things, to: admissions, recruitment, financial aid, academic programs, treatment, and services for students, counseling, discipline, assignment of classrooms, grades, vocational education, recreation, physical education, sports, accommodation and employment.

Also, as of January 8, 2002, the OCR ensures compliance with the Law Equal Access to the Boy Scouts of America, part of the Law That No Child Left Behind act of 2001. According to the Law of Equal Access to the Boy Scouts of America, no public elementary school, public secondary school or state educational agency or local that offers opportunity to one or more youth groups or community external to meet in its facilities before or after school may deny equal access or a fair opportunity to, or discriminate against any group of official affiliation to the Boy Scouts of America or any other youth group mentioned in the title 36 of the united States Code as a patriotic society.

WHAT TO DO

Any person who wishes to file a formal complaint with OCR should submit in writing the following information in a letter or in the form of claims for discrimination that can be obtained in the offices of compliance to the OCR (see list of offices below):

• your name and address (may indicate a phone number at which you can be reached during business hours, but is not mandatory);
• a general description of the persons or classes of persons injured by the alleged discriminatory acts (it is not necessary to indicate the names of the persons aggrieved);
• the name and location of the institution that committed the alleged discriminatory acts; and
• a description of the alleged discriminatory actions in sufficient detail so that OCR can understand what happened, when it happened and the justification for the alleged discrimination (on the basis of race, color, national origin, sex, disability, age, or in the framework of the Law of Equal Access to the Boy Scouts of America).

HOW TO FILE A CLAIM ONLINE

The OCR encourages students and parents, representatives of educational institutions and other clients of the OCR to contact OCR by email or fax whenever possible. Also, complainants may file a complaint with OCR, online, at the following web site: https://www.ed.gov/ocr/complaintprocess.html.

For those who do not currently have an email account, the local public library may offer free Internet access, and there are several major providers that offer free email accounts.

Defendants may not retaliate against any person defendant, testified, assisted or participated in any manner in an investigation or proceeding under the above-mentioned laws.

WHO CAN CLAIM

You can file a complaint any person who believes that an educational institution that receives federal financial assistance has discriminated against someone on the basis of race, color, national origin, sex, disability or age, or who considers that a primary or secondary school public or state educational agency or local has violated the Law of Equal Access to the Boy Scouts of America. It is not necessary that the person or organization filing the lawsuit to be a victim of the alleged discrimination, but may complain on behalf of another person or group.

TERM

Claims must be filed within 180 calendar days of the date of the alleged discrimination, unless the OCR may extend the filing deadline with just cause.

GRIEVANCE PROCEDURES INSTITUTIONAL

Before filing a complaint with the OCR against an institution, the potential applicant may inquire about the complaint process institutional and use it to resolve the complaint. The plaintiffs do not have the legal obligation to use the complaint procedure institutional before filing a complaint with the OCR. If a complainant used the complaint process institutional and also decides to file a complaint with the OCR, must be filed with the OCR within 60 days of the last action taken in the complaint process institutional.

WHERE TO GO

Office for Civil Rights
U. S. Department of Education
400 Maryland Avenue, S. W
.Washington, D. C. 20202-1100
1-800-421-3481
FAX: (202) 245-6840; TDD: (877) 521-2172
E-mail: OCR@ed.gov
Web site: www.ed.gov/about/offices/list/ocr/index.html

DIVISION EASTERN

Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island, Vermont
Office for Civil Rights, Boston Office
U. S. Department of Education
33 Arch Street, Suite 900
Boston, MA 02110-1491
(617) 289-0111; FAX (617) 289-0150

New Jersey, New York, Puerto Rico,
Virgin Islands
Office for Civil Rights, New York Office
U. S. Department of Education
32 Old Slip, 26th Floor
New York, NY 10005-2500
(646) 428-3900; FAX (646) 428-3843

Delaware, Maryland, Kentucky,
Pennsylvania, West Virginia
Office for Civil Rights, Philadelphia Office
U. S. Department of Education
Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
(215) 656-8541; FAX (215) 656-8605

SOUTH DIVISION

Alabama, Florida, Georgia, Tennessee
Office for Civil Rights, Atlanta Office
U. S. Department of Education
61 Forsyth Street, S. W., Suite 19T70
Atlanta, GA 30303-3104
(404) 562-6350; FAX (404) 562-6455

Arkansas, Louisiana, Mississippi, Texas
Office for Civil Rights, Dallas Office
U. S. Department of Education.
1999 Bryan Street, Suite 1620
Dallas, TX 75201-6810
(214) 661-9600; FAX (214) 661-9587

North Carolina, Virginia, Washington, D. C.,
South Carolina
Office for Civil Rights, DC Office
U. S. Department of Education
P. O. Box 14620
Washington, D. C. 20044-4620
(202) 208-2545; FAX (202) 208-7797

DIVISION OF THE WESTERN CENTER FOR

Illinois, Indiana, Minnesota, Wisconsin,
Iowa, North Dakota
Office for Civil Rights, Chicago Office
U. S. Department of Education
111 North Canal Street, Suite 1053
Chicago, IL 60606-7204
(312) 886-8434; FAX (312) 353-4888

Michigan, Ohio
Office for Civil Rights, Cleveland Office
U. S. Department of Education
600 Superior Avenue East, Suite 750
Cleveland, OH 44114-2611
(216) 522-4970; FAX (216) 522-2573

Kansas, Missouri, Nebraska, South Dakota,
Oklahoma
Office for Civil Rights, Kansas City Office
U. S. Department of Education
8930 Ward Parkway
Suite 2037
Kansas City, MO 64114
(816) 268-0550; FAX (816) 823-1404

WESTERN DIVISION

Arizona, Colorado, New Mexico,
Utah, Wyoming
Office for Civil Rights, Denver Office
U. S. Department of Education
Federal Building, Suite 310
1244 Speer Boulevard
Denver, CO 80204-3582
(303) 844-5695; FAX (303) 844-4303

California
Office for Civil Rights, San Francisco Office
U. S. Department of Education
Old Federal Building
50 United Nations Plaza, Room 239
San Francisco, CA 94102-4912
(415) 556-4275; FAX (415) 437-7783

Alaska, Hawaii, Idaho, Nevada, Oregon,
Montana, Washington, American Samoa,
Guam and the Northern Mariana Islands
Office for Civil Rights, Seattle Office
U. S. Department of Education
915 Second Avenue, Room 3310
Seattle, WA 98174-1099
(206) 220-7900; FAX (206) 220-7887