NSBA Legal Clips
Archived entries for OCR

OCR reports a surge in number of federal civil rights complaints involving students with disabilities

According to Education Week, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a report in April 2015, which found that nearly half of all complaints to the civil rights office continue to involve students with disabilities, with sex- and race-discrimination complaints making up a lesser part of the caseload.

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Sua Sponte: OCR issues report for fiscal years 2013 and 2014 to the President and Secretary of Education on the agency’s activities and accomplishments

The U.S. Department of Education’s Office for Civil Rights (OCR) has published the Protecting Civil Rights, Advancing Equity, Report to the President and Secretary of Education.

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Parent files complaint with OCR against Ohio district alleging racial harassment and bullying

The parent of two biracial students has filed a complaint with the U.S. Department of Education’s Office of Civil Rights (OCR), alleging that Lebanon School District (LSD) has ignored her complaints of racial harassment and bullying, says Education News.

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Fourth Circuit panel rules that plaintiffs claiming peer sexual harassment under Title IX must show that district was deliberately indifferent, rather than merely negligent

A U.S. Court of Appeals for the Fourth Circuit three-judge panel, in a per curiam (unauthored) opinion, affirmed a lower court’s decision granting a school district summary judgment on a student’s Title IX claim of peer sexual harassment.

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NSBA criticizes U.S. Supreme Court decision in Perez v. Mortgage Bankers Ass’n arguing that ruling allows agencies to use informal rulemaking, such as Dear Colleague Letters without the check of notice and comment

Education Week’s School Law Blog reports that the National School Boards Association (NSBA) has criticized the U.S. Supreme Court’s decision in Perez v. Mortgage Bankers Ass’n.

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U.S. Supreme Court hears oral argument in housing discrimination suit with links to diversity in public schools – Justice Scalia could be ally of civil rights groups

According to a report from the Associated Press in U.S. News & World Report, the U.S. Supreme Court heard arguments in Texas Dep’t of Housing and Community Affairs v. The Inclusive Communities Project Inc., Docket No. 13-1371, a suit confronting the issue of whether plaintiffs may bring so-called disparate-impact claims under the federal Fair Housing Act of 1968, over alleged discriminatory effects in federally funded low-income housing projects. The State of Texas is challenging the use of so-called disparate impact lawsuits, which allege that even race-neutral lending or housing policies can have a harmful effect on minority groups.

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Sua Sponte: ED/DOJ issue joint guidance regarding states’ and school districts’ obligations under federal law regarding English language learner students

The U.S. Department of Education’s (ED) Office for Civil Rights (OCR) and the Department of Justice (DOJ) have issued guidance in the form of a “Dear Colleague Letter” (DCL) regarding the obligations that states, school districts and schools have under federal law to “ensure that English language learner (ELL) students have equal access to a high-quality education and the opportunity to achieve their full academic potential.”

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ACLU files federal complaint against Virginia school district on behalf of transgender student because the district has limited bathroom facilities available to the student

According to the Daily Press, the American Civil Liberties Union of Virginia (ACLU-VA) has filed a complaint against Gloucester County Public Schools (GCPS) with the U.S. Departments of Education (ED) and Justice (DOJ) on behalf of Gavin Grimm, a female to male transgender student at Gloucester High School. The complaint alleges that GCPS is discriminating against Grimm on the basis of sex because it has adopted a policy limiting the facilities available to transgender students.

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Iowa district being investigated by OCR for discriminating against African American students in discipline

The Gazette reports that according to an unnamed source at the U.S. Department of Education’s Office for Civil Rights (OCR), OCR’s investigation into a Cedar Rapids school district’s discipline practices is likely to conclude this spring with an agreement by the district to revise its policies and continued monitoring by the agency.

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University Education Law Practicum files discrimination complaint against Tennessee school district with OCR

The University of Tennessee College of Law Education Law Practicum (UTCLELP) has filed a complaint with the U.S. Department of Education’s (ED) Office for Civil Rights (OCR), says WBIR.com.

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