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1 1 (July 21, 2023)

handle is hein.crs/govemgs0001 and id is 1 raw text is: Congressional Research IService Informing the legislitive debate since 1914 July 21, 2023 Race Discrimination at School: Title VI and the Department of Education's Office for Civil Rights Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in programs that receive federal financial assistance. While that bar applies broadly to federally funded programs of various types, historically, Title VI's application to public elementary and secondary schools has been particularly significant. All public school districts and most colleges and universities receive federal financial assistance and must comply with Title VI. The Department of Education's (ED's) Office for Civil Rights (OCR) is entrusted with enforcing Title VI in federally funded schools. This In Focus outlines requirements for schools under Title VI, with a particular focus on OCR's enforcement of the statute. (Title VI's application to universities' admissions policies intended to achieve student body diversity is addressed in CRS Legal Sidebar LSB10893, The Supreme Court Strikes Down Affirmative Action at Harvard and the University of North Carolina, by April J. Anderson.) Title VI Background The Supreme Court has described the objectives of Title VI as twofold: (1) to avoid the use of federal resources to support discriminatory practices; and (2) to provide individual citizens effective protection against those practices. Cannon v. Univ. of Chicago, 441 U.S. 677, 704 (1979). For instance, enforcement of Title VI historically has been an important tool in desegregating public schools. Section 601 of Title VI bars discrimination based on race, color, or national origin in federally funded programs. 42 U.S.C. § 2000d. Individuals subjected to discrimination in such a program can sue a recipient to enforce Section 601; in such cases, the Supreme Court has read the statute to bar only intentional discrimination that violates the Constitution's Equal Protection Clause. Alexander v. Sandoval, 532 U.S. 275, 280 (2001). Federal agencies also enforce Title VI. Section 602 of the statute directs federal agencies that distribute federal financial assistance to promulgate rules carrying out that mandate. 42 U.S.C. § 2000d-1. Agencies may terminate or refuse to provide funding as remedies for noncompliance. ED's Title VI regulations, for example, provide that individuals may not, on the basis of race, national origin, or color, be excluded from or denied the benefit of programs funded by the department. 34 C.F.R. § 100. OCR Enforcement of Title VI in Schools ED distributes substantial financial assistance to public school districts and colleges. ED's OCR can investigate complaints brought by individuals alleging discrimination based on race, color, or national origin, and interprets these categories to include discrimination based on actual or perceived shared (1) ancestry or ethnic characteristics or (2) citizenship or residency in a country with a dominant religion or distinct religious identity. OCR also has discretion to conduct compliance reviews to find and remedy discrimination that has not been identified through the complaint process. Title VI applies to all the operations of a school district or college that takes federal funding, including its admissions, financial aid, recruiting, academic programs, student discipline, grading, class assignment, physical education, athletics, and housing. Recipients also must not retaliate against someone for opposing or complaining about a potential Title VI violation. At the same time, the requirements of Title VI generally do not apply to a school's employment practices unless a primary objective of the federal financial assistance is to provide employment (race-based employment discrimination is banned by Title VII of the Civil Rights Act of 1964). Responding to Complaints According to its Case Processing Manual (CPM), OCR will review allegations of discrimination and determine whether to open an investigation. This process includes ensuring OCR has subject-matter jurisdiction over the complaint and personal jurisdiction over the target institution, meaning that the institution must receive federal financial assistance from ED (unless another agency has delegated enforcement authority to ED). Allegations must also be timely, filed within 180 calendar days after the alleged discrimination, although waiver of the deadline is possible. Under the CPM, if OCR decides to open an investigation, it will issue notification letters to the person complaining of discrimination and the recipient institution, describing the allegations to be investigated and the basis of OCR's jurisdiction. It also is to provide contact information for the OCR staff person who will serve as the primary contact. Allegations under investigation can be resolved through voluntary agreements. After an investigation, the CPM indicates that OCR will determine whether the preponderance of the evidence supports a finding of noncompliance. In cases of noncompliance, OCR is to propose a resolution agreement with specific steps the recipient will take to comply. Fund Termination While it is much more common for OCR to conclude matters with a resolution agreement, if it does not reach an agreement with a recipient, OCR may begin enforcement proceedings by either (1) undertaking proceedings to suspend, terminate, or refuse to continue federal financial 0

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