New Additions, Revised Publications, and Recent Items of Interest

• March 27, 2009: Protecting Students With Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities (Revised March 2009).  OCR posted a revised version of this Frequently Asked Questions (FAQ) document on its website.  The primary purpose of these revisions is to incorporate information about The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, which amends the Americans with Disabilities Act of 1990 (ADA) and includes a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Act) that affects the meaning of the term disability in Section 504 of the Rehabilitation Act (Section 504). The Amendments Act broadens the interpretation of disability. 

• January 16, 2009: PDF (3.39M) Office for Civil Rights Annual Report to Congress for Fiscal Years 2007-08

• January 13, 2009: "Dear Colleague" letter (January 13, 2009) from Assistant Secretary for Civil Rights Stephanie Monroe, concerning the obligation of recipients of federal financial assistance from, or funds made available through, the Department to submit a signed assurance of compliance with the Boy Scouts of America Equal Access Act and the other laws OCR enforces. This letter is a subsequent request to recipients for whom OCR has no record of receiving a signed assurance.  The letter contains instructions for completion, and encloses a blank copy of the Assurance of Compliance – Civil Rights Certificate for submission to OCR. 
  PDF (1.7M)
  
  PDF (106K) Revised Assurance of Compliance -- Civil Rights Certificate

• January 8, 2009: "Dear Colleague" letter (January 8, 2009) from Assistant Secretary for Civil Rights Stephanie Monroe providing Chief State School Officers, State educational agencies, and local educational agencies with information to ensure the provisions of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, regarding access to, participation in, and administration of, public school choice, are implemented in a nondiscriminatory manner that is consistent with the requirements of Title VI of the Civil Rights Act of 1964 and its implementing regulations. 
  PDF (4.8M)

• December 29, 2008: The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, amends the Americans with Disabilities Act of 1990 (ADA) and includes a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Act) that affects the meaning of the term disability in Section 504 of the Rehabilitation Act (Section 504). The Amendments Act retains the definition of disability under Section 504 and the ADA but emphasizes that the definition should be interpreted broadly. Among other things, the Amendments Act directs that the ameliorating effects of mitigating measures (other than ordinary eyeglasses or contact lenses) not be considered in determining whether an individual has a disability; expands the scope of "major life activities" by providing a non-exhaustive list of general activities and a non-exhaustive list of major bodily functions; clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and clarifies the meaning of "regarded as" having a disability, including that individuals "regarded as" having a disability are not entitled to reasonable accommodations or reasonable modifications.

  OCR is evaluating the impact of the Amendments Act on OCR's enforcement responsibilities under Section 504 and under Title II of the ADA, including whether any changes in regulations, guidance, or other publications are appropriate.

• December 01, 2008: Sexual Harassment: It's Not Academic (September 2008) This revised pamphlet contains information for students, parents, school administrators, school employees, and others on recognizing and addressing sexual harassment under Title IX as it is interpreted by the U.S. Department of Education’s Office for Civil Rights. 
  PDF (10M)

• October 17 , 2008: "Dear Colleague" letter
  (October 17, 2008) from Assistant Secretary for Civil Rights Stephanie Monroe providing State education agencies and local education agencies with information regarding disclosure of disability on report cards and transcripts for students with disabilities attending public elementary and secondary schools.  The purpose of this guidance is to clarify how federal laws apply to statements on report cards and transcripts when these statements identify students as students with disabilities.  
  PDF (7M)

• September 17 , 2008: "Dear Colleague" letter
  (September 17, 2008) from Assistant Secretary for Civil Rights Stephanie Monroe providing postsecondary institutions, State educational agencies, and local educational agencies with information about how OCR determines which athletic activities can be counted under Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq.  The purpose of this guidance is to ensure that male and female students are provided equal opportunities to participate in intercollegiate and interscholastic athletics programs consistent with Title IX and its implementing regulations in 34 CFR Part 106. 
  PDF (2.4M)

• August 28, 2008: "Dear Colleague" letter (August 28, 2008) from Assistant Secretary for Civil Rights Stephanie Monroe addressing Title VI and how OCR assesses the use of race in assigning students to elementary and secondary schools.  PDF (1.30M)

• August 28, 2008: "Dear Colleague" letter (August 28, 2008) from Assistant Secretary for Civil Rights Stephanie Monroe addressing Title VI and how OCR assesses the use of race in the context of postsecondary student admissions.  PDF (1.52M)

• July 25, 2008: "Dear Colleague" letter (July 25, 2008) from Assistant Secretary for Civil Rights Stephanie Monroe commemorating the 18th anniversary of the Americans with Disabilities Act (ADA).  This letter discusses the broad impact that Section 504 of the Rehabilitation Act (Section 504) and the ADA have had on aspects of education.  The linked pamphlet “So You Want to Go Back to School” (July 2008) provides information for wounded veterans who are qualified individuals with disabilities under Section 504 and ADA with an overview of their rights and responsibilities regarding academic adjustments, auxiliary aids, and reasonable modifications to school policies and practices at postsecondary institutions.  PDF (1.61M)

• June 4, 2008: "Dear Colleague" letter (May 22, 2008) from Assistant Secretary for Civil Rights Stephanie Monroe providing State educational agencies and local educational agencies with information regarding access to, admission into, and the administration of Advanced Placement and other challenging academic courses, on a nondiscriminatory basis consistent with Title VI of the Civil Rights Act of 1964 and its implementing regulations at 34 C.F.R. Part 100. PDF (3.6M)

• May 9 ,2008: Notice - OCR is now posting its revised Case Processing Manual (CPM), which replaces the Case Resolution and Investigation Manual (CRIM).

  Case Processing Manual (CPM) (March 2008)

• December 26, 2007: "Dear Colleague" letter (December 26, 2007) from Assistant Secretary for Civil Rights Stephanie Monroe addressing the rights of students with disabilities to participate in schools' and school districts' accelerated programs, such as Advanced Placement and International Baccalaureate classes or programs. PDF (2.8M)

• August 2, 2007: Office for Civil Rights Annual Report to Congress for Fiscal Year 2006 PDF (6.1M)

• June 25, 2007: "Dear Colleague" letter (June 25, 2007) from Assistant Secretary for Civil Rights Stephanie Monroe addressing the Title IX regulatory requirements related to nondiscriminatory treatment of pregnant students in the context of athletic scholarships. PDF (191K)

• June 22, 2007: "Dear Colleague" letter (June 22, 2007) from Assistant Secretary for Civil Rights Stephanie Monroe commemorating the 35th anniversary of Title IX of the Education Amendments of 1972 on June 23, 2007. This letter discusses the broad impact that Title IX has had on aspects of education. PDF (2.4M)

• March 16, 2007: "Dear Colleague" letter and "Dear Parent" letter (March 16, 2007) from Assistant Secretary for Civil Rights Stephanie Monroe, providing information about the legal rights and responsibilities of students with disabilities as they transition from high school to institutions of postsecondary education. Distributed with the letters is a question and answer document, Transition of Students with Disabilities to Postsecondary Education: A Guide for High School Educators (March 16, 2007) and Revised Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities (Revised March 2007).
  
  PDF (568K) "Dear Colleague" letter
  
  PDF (306K) "Dear Parent " letter

• January 31, 2007: "Dear Colleague" letter (January 31, 2007) from Assistant Secretary for Civil Rights Stephanie Monroe, notifying recipients of the new single-sex regulations, published in the Federal Register on October 25, 2006, that provides additional flexibility to recipients to offer non-vocational elementary and secondary education on a single-sex basis while ensuring that non-vocational single-sex education is provided consistent with the nondiscrimination requirements of Title IX.  It also informs recipients of a dedicated email address established by OCR to receive questions and requests for technical assistance in connection with these new requirements.
  
  PDF (3.8M) "Dear Colleague" letter and new regulatory provisions

• October 31, 2006: Office for Civil Rights Annual Report to Congress for Fiscal Year 2005

• October 25, 2006:  Final regulatory amendments to the Department's regulations implementing Title IX of the Education Amendments Act of 1972 to permit additional options for single-sex classes, extracurricular activities, and schools at the elementary and secondary education levels are published in the Federal Register.  These amendments take effect November 24, 2006.
  
  PDF (167K) Final regulatory amendments to the Department's regulations implementing Title IX of the Education Amendments Act of 1972.

• July 26,2006: "Dear Colleague" letter (July 21, 2006) from Assistant Secretary for Civil Rights Stephanie Monroe providing information about the Boy Scouts of America Equal Access Act of 2001, part of No Child Left Behind, and the requirement to provide assurances of compliance with this law. The letter encloses a blank copy of OCR's revised Assurance of Compliance -- Civil Rights Certificate.
  
  PDF (1.18M) "Dear Colleague" letter
  
  PDF (106K) Revised Assurance of Compliance -- Civil Rights Certificate

• July 13, 2006: Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities This pamphlet contains information for high school students with disabilities who plan to continue their education in postsecondary schools. Revised June 2006.

• March 24, 2006: Boy Scouts of America Equal Access Act - Final Regulations. The final regulations for the Boy Scouts of America Equal Access Act, part of No Child Left Behind, were published in the Federal Register.

• January 26, 2006: "Dear Colleague" letter (January 25, 2006) from Assistant Secretary for Civil Rights Stephanie Monroe, reminding recipients of the standards applicable to OCR's enforcement of compliance in cases raising sexual harassment issues. Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties (January 19, 2001).
  
  PDF (1.36M) "Dear Colleague" letter
  
  PDF (181K) Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties (January, 2001).

• July 5, 2005: Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities This pamphlet contains information for high school students with disabilities who plan to continue their education in postsecondary schools. Revised May 2005.

• May 17, 2005: Case Resolution and Investigation Manual

• April 14, 2005: Joint "Dear Colleague" Letter to Chief State School Officers concerning the document "Helping the Student with Diabetes Succeed: A Guide for School Personnel," co-authored by the Office for Civil Rights and published in 2003 under the auspices of the National Institutes for Health and the Centers for Disease Control. PDF (165KB)

• March 18, 2005: Additional Clarification of Intercollegiate Athletics Policy: Three-Part Test — Part Three (March 18, 2005). Dear Colleague Letter from Delegated the Authority of the Assistant Secretary for Civil Rights James F. Manning.
  
  PDF (4.2M) Dear Colleague Letter, Additional Clarification, User's Guide, and Data Collection Technical Manual.

• January 5, 2005: Office for Civil Rights Annual Report to Congress for Fiscal Year 2003

• October 13, 2004: The Department forwarded to the Federal Register the Notice of Proposed Rulemaking (NPRM) regarding the Boy Scouts of America Equal Access Act, part of the No Child Left Behind Act of 2001. Once the proposed regulations are published, a 45-day public comment period will begin.

• September 20, 2004: "Dear Colleague" letter addressing the issue of civil rights violations inherent in allocation of extracurricular awards or honors on the basis of race, or violations inherent in racially separate proms or dances.

• September 13, 2004: "Dear Colleague" letter addressing the right of all students, including students of faith, to be free from discrimination in our schools and colleges under Title VI of the Civil Rights Act of 1964 and IX of the Education Amendments Act of 1972, in cases where such discrimination may be commingled with religious discrimination.

• August 4, 2004: "Dear Colleague" letter reminding postsecondary institutions of Title IX responsibilities.

• July 1, 2004: Realignment of States: OCR announces a realignment of several states between enforcement offices.

• June 21, 2004: East Valley Institute of Technology - Most recent case resolution and corrective action agreement relative to school district communications with limited-English proficient parents.

• April 26, 2004: "Dear Colleague" letter reminding chief state school officers and state and local educational agencies of Title IX responsibilities.

• March 26, 2004: Achieving Diversity: Race-Neutral Alternatives in American Education

• March 3, 2004: Draft Notice of Proposed Rulemaking regarding single-sex schools and classes.

• July 28, 2003 First Amendment: "Dear Colleague" letter reaffirming that OCR's regulations and policies do not require or prescribe speech, conduct or harassment codes that impair the exercise of rights protected under the First Amendment.

• July 11, 2003: Helping the Student with Diabetes Succeed: A Guide for School Personnel, co-authored by the Office for Civil Rights, this guide was published under the auspices of the National Institutes for Health and the Centers for Disease Control.

• July 11, 2003: Further Clarification of Intercollegiate Athletics Policy Guidance Regarding Title IX Complance. Dear Colleague letter from Assistant Secretary for Civil Rights Gerald Reynolds PDF

• 3-28-2003 Race-Neutral Alternatives in Postsecondary Education: Innovative Approaches to Diversity

• 11-15-2002 An Advance Notice of Proposed Rulemaking (ANPRM) regarding the Boy Scouts of America Equal Access Act was published in the Federal Register, pursuant to the No Child Left Behind Act of 2001. The ANPRM requests comments from the public, within 30 days, on issues to be considered in developing any proposed regulations.

• 10-22-2002 No Child Left Behind: Providing Educational Opportunity for American Indian and Alaska Native Students . This OCR-sponsored conference, developed in collaboration with the Office of Elementary and Secondary Education (OESE), took place on October 22-23, 2002, in the Washington DC area. The conference focused on the sharing of good educational practices in areas such as reading; standards, assessment, and accountability; parental options; and teacher quality with a focus on American Indian and Alaska Native students.

• 7-30-2002 Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities This pamphlet contains information for high school students with disabilities who plan to continue their education in postsecondary schools.

• 6-27-2002 Tucson Unified School District resolution relative to school district communications with limited-English proficient parents

• 5-24-2002 2000 Elementary and Secondary School Survey This Survey provides information about the enrollment of - and educational services to - students in public schools in every state by race/ethnicity, sex, and disability.

• 5-8-2002 A Notice of Intent to Regulate and Guidelines regarding single-sex schools and classes was published in the Federal Register, pursuant to the No Child Left Behind Act of 2001. The NOIR requests input from the public, within 60 days, on the circumstances under which single-sex education in elementary and secondary schools should be permitted.

• 5-6-2002 OCR is charged with enforcing the Boy Scouts of America Equal Access Act. A "Dear Colleague letter" has been issued.

• 3-29-2002 Gerald Reynolds appointed Assistant Secretary for Civil Rights.

• 11-01-2001 OCR''s New York Office has relocated following the September 11 terrorist attacks. Please see our Contact Us page for new contact information.

• 10-25-2001 Protecting Students with Disabilities: Frequently Asked Questions about Section 504 and the Education of Children with Disabilities. This set of FAQs was prepared by OCR in partnership with the Wisconsin Department of Public Instruction and the Wisconsin Council of Administrators of Special Services.

• 10-5-2001 Office for Civil Rights Annual Report to Congress for Fiscal Year 2000

• 9-19-2001 "Dear Colleague" letter regarding the prevention of harassment of students perceived to be Muslim or Arab American issued by Secretary Paige

• 6-22-2001 Government Performance Results Act: 2000 Performance Report and 2002 Program Annual Plan

Additional documents and publications can be found in the Reading Room.
Archived documents from previous administrations may be found in the OCR Archives.

Civil Rights Posters Available

Free posters commemorating the 40th & 50th anniversary of Brown vs. Board of Education are available at ED PUBS, Education Publications Center, U.S. Department of Education, P.O. Box 1398, Jessup, MD 20794-1398; or call in your request toll-free: 1-877-433-7827 (1-877-4-ED-PUBS); or email your request to: edpubs@inet.ed.gov be sure to include your name and mailing address. This offer is available while supplies last.