Wednesday, December 11, 2019

What are the federal civil rights laws ED and DOJ enforce? A school that fails to respond appropriately to harassment of students based on a protected class may be violating one or more civil rights laws enforced by the Department of Education and the Department of Justice, including: Title IV and Title VI of the Civil Rights Act of 1964 Title IX of the Education Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Titles II and III of the Americans with Disabilities Act Individuals with Disabilities Education Act (IDEA). Are there resources for schools to assist with resolving harassment complaints? The Department of Justice’s Community Relations Serviceexit disclaimer icon is the Department's "peacemaker" for community conflicts and tensions arising from differences of race, color and national origin and to prevent and respond to violent hate crimes committed on the basis of: gender, gender identity, sexual orientation, religion, disability, race, color, and national origin. It is a free, impartial, confidential and voluntary Federal Agency that offers mediation, conciliation, technical assistance, and training. What if the harassment continues? If harassment persists, consider filing a formal grievance with the district and contacting the U.S. Department of Education’s Office for Civil Rightsexit disclaimer icon and from the U.S. Department of Justice’s Civil Rights Divisionexit disclaimer icon.

Title II - Public Services: State and Local Government

  • Prohibits discrimination on the basis of disability by “public entities” such as state and local government agencies. .
  • Requires public entities to make their programs, services and activities accessible to individuals with disabilities.
  • Outlines requirements for self-evaluation and planning; making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; identifying architectural barriers; and communicating effectively with people with hearing, vision and speech disabilities.
  • Regulated and enforced by the U.S. Department of Justice(link is external).

Title II - Public Services: State and Local Government

  • Prohibits discrimination on the basis of disability by “public entities” such as state and local government agencies. .
  • Requires public entities to make their programs, services and activities accessible to individuals with disabilities.
  • Outlines requirements for self-evaluation and planning; making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; identifying architectural barriers; and communicating effectively with people with hearing, vision and speech disabilities.
  • Regulated and enforced by the U.S. Department of Justice



You can file an Americans with Disabilities Act (ADA) complaint alleging disability discrimination against a State or local government or a public accommodation (private business including, for example, a restaurant, doctor's office, retail store, hotel, etc.). A complaint can be filed online using the link below, by mail, or by facsimile.
To file an ADA complaint online:
Americans with Disabilities Act Discrimination Online Complaint Form
Instructions for submitting attachments are on the form.
To file an ADA complaint by mail, send the completed ADA complaint form to:
US Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section
Washington, D.C. 20530
To file an ADA complaint by facsimile, fax the completed ADA complaint form to: (202) 307-1197
Please keep a copy of your complaint and the original documents for your own records.





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