NSBA Legal Clips
Archived entries for OCR

Ohio district enters into agreement with OCR ending civil rights investigation of alleged racial discrimination

Toledo Public Schools (TPS) has entered into a resolution agreement with the U.S. Department of Education’s Office for Civil Rights (OCR), says The Blade, ending OCR’s investigation into whether TPS violated Title VI of the Civil Rights Act of 1964.

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Sexual assaults an issue at both college and K-12 level say U.S, Dep’t of ED

According to Catherine E. Lhamon, assistant secretary for civil rights at the U.S. Education Department (ED), the problem of sexual violence in K-12 schools is similar in many ways to the problem on college campuses, but there are also important differences, including the inexperience of young children and the power dynamics between adults and students, reports The Washington Post.

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Massachusetts district enters into resolution agreement with U.S. Department of ED’s civil rights office to close racial discrimination complaint

The Boston Globe reports that Melrose Public Schools (MPS) has reached an agreement with the U.S. Department of Education’s Office for Civil Rights (OCR) to work to prevent discrimination and to properly investigate complaints after a teacher made racially insensitive remarks to an African-American student. MPS Superintendent Cyndy Taymore acknowledged that she signed a resolution with OCR on behalf of the school district, which will remain in effect through December 2018. The teacher no longer works in the district.

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U.S. Senator’s letter to ED questions its legal basis for the department’s guidance on bullying and harassment

Sen. James Lankford (R-Okla.) has sent a letter to the U.S. Department of Education (ED) questioning whether ED has exceeded its legal authority in its efforts to push colleges to do more on sexual assault. ED is aggressively pushing colleges and universities to address campus sexual harassment and violence by promptly investigating complaints of misconduct and sanctioning anyone found to have done wrong.

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Minnesota district the target of OCR complaint for the third time in six years

After resolving two previous complaints from the U.S. Department of Education’s Office for Civil Rights (OCR), Red Wing Public Schools (RWPS) is facing a third OCR complaint, says the Red Wing Republican Eagle.

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Illinois district threatens to rescind settlement with U.S. Dep’t of ED over transgender student accuses federal government of “bad faith”

The Chicago Tribune reports that Palatine-Schaumburg High School District 211’s (PSHSD211) board, which voted last week to settle a transgender student’s federal complaint seeking access to the girls’ locker room facilities, is now threatening to withdraw from the agreement with the U.S. Department of Education’s Office for Civil Rights (OCR) over alleged bad faith on the part of OCR.

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Illinois district settles complaint with U.S. Dep’t of ED over transgender student’s access to girls’ locker room facilities; district position allowing any student access to privacy accommodations in the locker room through a variety of potential options remains intact

The Daily Herald reports that Palatine-Schaumburg High School District 211’s (PSHSD211) board, in a 5-2 split, has approved a settlement agreement with the U.S. Department of Education’s Office for Civil Rights (OCR) over the issue of a transgender student’s access to the girls’ locker room facilities. According to the agreement, the transgender student will continue to use a separate changing area within a girls’ locker room and not have unrestricted access to that locker room.

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Federal district court in Virginia issues opinion dismissing transgender student’s Title IX claim and denying his motion for a preliminary injunction in suit over use of the boys’ restroom

Abstract: A federal district court in Virginia has issued a memorandum opinion regarding dismissal of a student’s Title IX claim, on July 27, 2015, and the denial of the student’s motion for a preliminary injunction, which was filed for the purpose of allowing the student to use the bathroom that corresponds with his sexual identity pending the court’s ruling on his Equal Protection claim.

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African American parents’ suit claims Florida district is discriminating against their son on the basis of race by refusing to provide speech therapy

Charlene and Andre Daniels have filed suit in federal court against Duval County Public Schools (DCPS), says the Florida Times-Union, claiming that the school district is refusing to provide their preschool son with speech therapy because of his race. The suit alleges that DCPS refused to provide the requested speech therapy because it determined that the type of speech problem he manifested was “typical speech for African Americans.”

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Sua Sponte: In conjunction with ED/DOJ’s joint guidance issued in January 2015 on providing English language learner students with access to curricular and extracurricular programs, the departments issue chapter four of the toolkit

The U.S. Departments of Education (ED) and Justice (DOJ) have issued the fourth chapter of the “English Learner Tool Kit,” which is intended to help states (SEA) and local school districts (LEA) meet their obligations to English Learners (ELs).

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