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School districts that don't respect transgender and students' pronouns or force them to use restrooms that don't align with their gender identity could be committing federal civil rights violations beginning this fall.

Keep up with the latest in LGBTQ+ news and politics. Sign up for The Advocate's email newsletter.

Today, the U.S. Department of announced the issuance of a final rule under Title IX to protect people in public schools from sex-based discrimination and harassment. The announcement marks a significant update in federal efforts to combat sex discrimination in federally funded educational institutions. During a call with reporters, Secretary of Education Miguel Cardona emphasized the administration's dedication to ensuring that Title IX effectively serves all students by providing safe, welcoming, and rights-respecting educational environments.

"These regulations make it crystal clear that no one should have to abandon their educational aspirations due to discrimination, whether it's based on pregnancy, sexual orientation, gender identity, or other sex-based factors," Cardona said.

He also highlighted the - administration's commitment to creating inclusive educational environments for all students.

"These final regulations build on the legacy of Title IX by clarifying that all our nation's students can access schools that are safe, welcoming, and respect their rights," he said.

Assistant Secretary for Civil Rights Catherine Lhamon detailed the specifics of the regulations, noting that they were developed after extensive engagement and feedback, including over 240,000 public comments "These regulations are not just updates; they are an overhaul aimed at ensuring full protection under Title IX," Lhamon explained.

The final regulations provide explicit protections for + students, who often face significant challenges and discrimination in educational settings. The new rules expressly prohibit discrimination based on sexual orientation and gender identity, aligning with the U.S. Supreme Court's decision in Bostock v. Clayton County, which recognized such forms of discrimination as violations of civil rights.

During the press call, The Advocate inquired about the specific protections for transgender students, particularly in light of recent anti-LGBTQ+ sentiments and policies in some Republican-controlled states. A senior administration official responded, detailing the rule's implications: "The new rule puts in the regulation itself that discrimination on the basis of gender identity and sexual orientation violates Title IX. And if, in an investigation, we determine that a student is harassed based on gender identity and subject to a hostile environment that meets the standard in these new regulations, then we would be able to find a violation, and we would be able to ensure that the school comes into compliance under Title IX."

Further discussions addressed how the regulations manage the usage of pronouns and access to facilities corresponding to a student's gender identity. The official elaborated on the approach.

"The way that we would analyze that question is to assess whether a student is experiencing a sex-based hostile environment... And if the facts meet those standards, which is if, under the totality of the circumstances, sex-based conduct that is subjectively and objectively offensive to a student and to a person in the school community and it rises to the level that it limits or denies access to education, then a hostile environment would be recognized and we would evaluate whether the school had taken sufficient steps to remedy that hostile environment," they said.

The announcement of these regulations comes at a critical time, highlighted by recent tragic events such as the death of Nex Benedict, a transgender student in Oklahoma who took his life after being bullied. Nex's death has spurred a federal civil rights investigation into Owasso Public Schools, examining whether the school's response to harassment complaints was adequate. The senior administration official wouldn't address Benedict's case specifically, noting the ongoing investigation prompted by a complaint from the Human Rights Campaign.

The updated regulations protect all students and enhance protections against all forms of sex-based harassment and discrimination. They establish clear requirements for schools to take prompt and effective action to end any sex discrimination in their education programs or activities, prevent its recurrence, and remedy its effects. Schools are also required to respond promptly to all complaints of sex discrimination with a fair, transparent, and reliable process that includes trained, unbiased decision-makers to evaluate all relevant and not otherwise impermissible evidence.

During the discussions, it was noted that the current regulations do not address the participation of transgender students on sports teams. An administration official explained that the department's rulemaking process for a Title IX regulation related to athletics is still ongoing.

As schools prepare to implement the new regulations, the Department of Education will provide resources and technical assistance to ensure the new rules are understood and applied.

The new regulations go into effect on August 1.

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New Biden administration Title IX rule protects transgender students' bathroom & pronoun use at school

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The updated rules enhance protections against discrimination based on sex, including for LGBTQ+ students, but leave the issue of transgender athletes' participation in sports for further review.

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Catch up quick: Last July, River Chunnui, a teacher at Desert Harbor Elementary School, filed a notice of claim against the district, a procedural step required before a government entity can be sued. A lawsuit was filed last Friday.

Chunnui is seeking compensation for sex discrimination, free speech violations, creation of a hostile workplace environment, intentional infliction of emotional distress and other counts.

Their attorney, Jacqueline Mendez Soto, declined to comment on the amount of monetary damages they're seeking.

The district and board members, one of whom is no longer in office, haven't yet been served with the lawsuit and had no comment, a spokesperson told Axios.

According to the lawsuit, Chunnui sent an email to colleagues in March 2022 informing them that it was International Transgender Day of Visibility and advising how to support participating students.

Chunnui, who went by the name Sarah at the time, uses they/them pronouns and identifies themselves in the lawsuit as both transgender and nonbinary.

An online news outlet published an article about the email and included a photo of Chunnui reading the book "Pink Is for Boys" to students.

Zoom in: The district then ordered Chunnui not to return to work until further notice and informed them three days later that they were being placed on administrative leave pending an investigation into unspecified allegations of unprofessional conduct, the lawsuit stated.

Chunnui was allowed to return to work in June 2022 after the investigation concluded they hadn't violated any laws or district policies. However, they were ordered to refrain from using district computers for personal use.

The lawsuit states that Chunnui was subjected to denigrating public comments by district governing board member Heather Rooks and board candidate Rebecca Hill, who cast the teacher "as a danger to children and a sexual groomer."

After Hill's November 2022 election, she and Rooks attempted to terminate Chunnui's employment contract but were outvoted during a March 9 board meeting, according to the lawsuit.

Rooks and Hill's attacks have also subjected Chunnui to harassment, threats and vandalism to their home and car, the lawsuit stated.

As a result, the teacher has "suffered humiliation, distress, loss of enjoyment of life, reputational harm, and inconvenience," according to the lawsuit.

Between the lines: Chunnui alleges they were singled out for leave, a "humiliating" investigation and restrictions on school computer use because of their gender identity.

Rooks is still a member of the district's board, while Hill resigned her seat last year.

The other side: Hill and Rooks did not respond to inquiries from Axios.

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Scoop: Transgender teacher sues Peoria school district for discrimination

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River Chunnui alleges they were singled out because of their gender identity.

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New Title IX Rule Has Explicit Ban on Discrimination of LGBTQ+ Students

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The new rule, while long awaited, stops short of addressing the thorny issue of transgender athletes’ participation in sports.

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March 31 is the Transgender Day of Visibility, an annual, worldwide event focusing on the lives of transgender people and the issues they face. Here are a few ways you can help foster understanding, recognition and support for a community facing steep challenges.

A difficult path to walk alone

Transgender adults experience higher levels of depression and anxiety than their peers with 41% of transgender adults having attempted suicide compared to less than 2% of the general population. A 2019 National Survey on LGBTQ Youth Mental Health found that more than half of transgender and non-binary youth have seriously considered suicide. A 2021 Williams Institute study reports 30% of transgender youth have attempted suicide in the past year.

If you or someone you know is transgender and needs to talk, here are some of the resources available.

The Trans Lifeline can be reached in the US at 1-877-565-8860 and in Canada at 1-877-330-6366

The LGBT National Hotline is available at 1-888-843-4564. They also provide a LGBT Senior Hotline at 1-888-234-7243 and LGBTQ Youth can call 1-800-246-7743 or join youth chat rooms here.

The SAGE LGBT Elder Hotline can be reached at 1-877-360-5428

Dial 988 to reach the National Suicide Prevention Lifeline. They also provide a Lifeline Chat here, and additional LGBTQ resources here.

The Williams Institute study also shows a significant drop in suicidal thoughts when there is support and acceptance from families, classmates and coworkers. But finding ways to be supportive can be hard, especially for potential allies who are struggling to understand and accept transgender people in their lives. Here are some resources to help.

Trans Lifeline Friends & Family call-back service has counselors available. Schedule a call at 1-877-565-8860.

Facing violence for being transgender

Transgender Awareness week ends with the Transgender Day of Remembrance on November 20th, which honors the lives lost to anti-transgender violence. 2021 was the deadliest year on record for the community, with the Human Rights Campaign recording 50 transgender and non-conforming people killed. Transgender people are also more than four times likely to be victims of violent crime than cisgender people, according to a study from the UCLA School of Law. And the Office for Victims of Crime reports that at some point in their lives, one out of every two transgender people are sexually abused or assaulted.

These resources and groups focus on helping protect the transgender population from violence.

Discrimination and loss of rights

2021 was also a record-breaking year for anti-transgender legislation. These bills restrict access to bathrooms, locker rooms and participation in sports. Some prohibit gender-affirming health care and others try to force educators to refer to transgender students by their "biological sex" and restricting LGBTQ teaching materials. Politicians pushing many of these bills have villainized the transgender population in their culture war, marginalizing them even further.

These organizations provide resources and support to help transgender people respond when their rights are infringed.

These are just some of the challenges facing members of the transgender community. Learning more about their lives is a first step to being there for them. The GLAAD report " Understanding issues facing Transgender Americans " provides a look at the obstacles they face.

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Understanding and supporting the transgender community | CNN

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March 31 is the Transgender Day of Visibility, an annual, worldwide event focusing on the lives of transgender people and the issues they face. Here are a few ways you can help foster understanding, recognition and support for a community facing steep challenges.

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HAYWARD, Calif. (KGO) -- A Bay Area mother is now opening up about tragically losing her 12-year-old LGBTQ+ child to suicide last year in hopes of helping other families.

With photos of Leo spread across the kitchen table, his mom remembered him and the joy he brought to his family's life.

"This was on Thanksgiving. Our last Thanksgiving. I think Dad was tickling their toes," said Sarah.
If you or your child needs help right away, call the National Suicide Prevention Line at 1-800-273-TALK (8255), call 911, or take your child to the nearest crisis center or emergency department.
"Yeah it's a big smile - a lot of laughter, is that often how you think of him?" asked ABC7 News reporter Tara Campbell.

"Always... so happy," said Sarah.

Tragically, Leo died by suicide not long after having the courage to ask to change his name and pronouns.

"They just wanted to be themselves and be accepted. We had to stop going around certain people because I didn't want to put my kid in that position where someone was going to say something that was going to make them uncomfortable because it's our job to protect them," said Sarah.

Sarah described Leo as a creative and caring kid who crafted a gift for a friend the day he died.

"I think that's the last thing I said was, 'I love you, I'm proud of you for making that' because I don't know," said Sarah as she broke down.
MORE: National 988 suicide hotline offers new services 24/7 for LGBTQ community
She hopes by sharing her message and her story that she will help other families.

"All kids deserve to be who they want or whatever they want and I told them that all the time and I meant that," said Sarah.

Even with all the support and love from his family, Leo began to retreat and stopped going to school.

"I had three jobs at the time and quit two of them because I wasn't going to leave my kid home alone by themselves," said Sarah.

Leo attended Bret Harte Middle School in Hayward where they recently honored him at graduation.
MORE: LGBTQIA+ kids more likely to attempt suicide, report says
"Whether Leo is here with us in person or not he's still a part of our Bret Harte Community," said Principal Seana Condit-Gordon. "It was very important to us to find a way to honor his memory and acknowledge he was on the path towards going to high school and completing his education."

In the wake of Leo's death, Condit-Gordon is making a call for more mental health support in schools.

"The ratio of students to counselors is just not sufficient right now. We've got two academic councilors for a student population of almost 600 students," said Condit-Gordon.

And the LBGTQ+ community is among the most vulnerable. According to a 2022 national survey by the Trevor Project, more than 50 percent of transgender and nonbinary youth seriously considered attempting suicide.
SUICIDE PREVENTION: Local resources for those in crisis
Cynthia Garcia is a school counselor and says there are signs to watch for.

"The biggest one is a change in mood. A change in what they're doing. If they've stopped doing things they've loved. If they've isolated themselves. That could get some red flags going," said Garcia.

And if you do see signs or have concerns she says to start by listening.

"Being a non-judgmental listener is a great first step. Just listen to your child and say I'm here to listen. I may not understand everything you're going through, but I'm here to listen," said Garcia.
If you or your child needs help right away, call the National Suicide Prevention Line at 1-800-273-TALK (8255), call 911, or take your child to the nearest crisis center or emergency department.

If you're on the ABC7 News app, click here to watch live

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Bay Area mom opens up about losing LGBTQ+ child to suicide in hopes of helping other families

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"They just wanted to be themselves and be accepted." A Bay Area mother is now opening up about tragically losing her 12-year-old LGBTQ+ child to suicide last year in hopes of helping other families.

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In the U.S. Supreme Court's decision on Friday that a state can't require a website designer to create designs with messages she disagrees with on religious grounds, both the majority and dissent cited landmark education cases in their opinions.

In 303 Creative LLC v. Elonis, the court ruled 6-3 that Colorado could not use its public accommodations law, which includes protections for sexual orientation, to force wedding website designer Lorie Smith to create sites for same-sex couples, which she declines to do based on her Christian faith.

"In this case, Colorado seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance," Justice Neil M. Gorsuch wrote for the majority. In past cases, other states "have similarly tested the First Amendment's boundaries by seeking to compel speech they thought vital at the time. But, as this court has long held, the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong."

One case he cited was West Virginia State Board of Education v. Barnette, the 1943 decision in which the court invalidated a state law requiring schoolchildren to salute the flag and recite the Pledge of Allegiance. The court had overruled its own ruling that went the other way just three years earlier, and Gorsuch quoted, in part, Justice Robert H. Jackson's line that "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein."

Gorsuch cited two more recent cases when the court sided with First Amendment free speech arguments over claims for greater protections for LGBTQ groups or individuals, in cases involving a gay group seeking to join a privately sponsored St. Patrick's Day parade in Boston, and to require the Boy Scouts to accept a gay scout leader.

"As these cases illustrate, the First Amendment protects an individual's right to speak his mind regardless of whether the government considers his speech sensible and well intentioned or deeply misguided and likely to cause anguish," he said.

Gorsuch's opinion was joined by Chief Justice John G. Roberts Jr. and Justices Clarence Thomas, Samuel A. Alito Jr., Brett M. Kavanaugh, and Amy Coney Barrett.

Dissenters worry about a "backlash" against LGBTQ+ rights

Justice Sonia Sotomayor wrote a dissent, joined by Justices Elena Kagan and Ketanji Brown Jackson, that cast the decision as a setback for LGBTQ+ rights at a time when those rights are under renewed attack.

"Today is a sad day in American constitutional law and in the lives of LGBT people," she said. "Around the country, there has been a backlash to the movement for liberty and equality for gender and sexual minorities. New forms of inclusion have been met with reactionary exclusion. This is heartbreaking."

Sotomayor argued that the cases cited by Gorsuch were limited to schoolchildren and nonprofit groups, while Smith's website design company was unquestionably a commercial enterprise that fell under the purview of Colorado's public accommodations law.

She said the majority "studiously avoids" a 1976 Supreme Court decision, , in which the court rejected arguments by several private schools in Virginia that they had a First Amendment right of free speech or association to bar Black children from enrolling. The court held that such a policy violated the Civil Rights Act of 1866, which prohibits race discrimination in the making and enforcement of private contracts.

The court in Runyon said "the Constitution places no value on discrimination," and it held that the government's regulation of conduct did not "inhibit" the schools' ability to teach its preferred "ideas or dogma."

Sotomayor characterized the Runyon decision as holding that "requiring the schools to abide by an antidiscrimination law was not the same thing as compelling the schools to express teachings contrary to their sincerely held belief that racial segregation is desirable."

She wondered whether Runyon might have come out differently if, under the majority's logic, "the schools had argued that accepting Black children would have required them to create original speech, like lessons, report cards, or diplomas, that they deeply objected to?"

Gorsuch did not respond to Sotomayor's discussion of Runyon. He said, "there is much to applaud here" with regard to "the strides gay Americans have made towards securing equal justice under law." (He was the author of the court's 2020 decision in Bostock v. Clayton County, joined by Sotomayor, that Title VII of the Civil Rights Act of 1964 covered sexual orientation and gender identity.)

"Of course, abiding [by] the Constitution's commitment to the freedom of speech means all of us will encounter ideas we consider unattractive, misguided, or even hurtful," Gorsuch said. "But tolerance, not coercion, is our nation's answer. The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands."

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In Supreme Court Decision Affecting LGBTQ+ Rights, Both Sides Cite Education Precedents

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In case of a wedding website designer who refused to create a site for a same-sex couple, the majority and dissent cite school cases.

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(CNN) - A newly proposed law in Missouri could charge teachers and counselors with a felony and require them to register as sex offenders if they're found guilty of supporting transgender students who are socially transitioning.

Missouri state Rep. Jamie Gragg, a Republican, introduced HB 2885 last week. If passed and signed into law, the legislation would criminalize the act of "contributing to social transition" for anyone acting in an official capacity at their school, including providing informational or material support.

The proposed bill joins a string of anti-LGBTQ measures that have been filed in states across the US and comes amid agrowing "parental rights" movement that seeks to empower parents to decide what can be taught in classrooms about gender, sexuality and race.

Numerous medical associations, including the American Medical Association, the American Psychiatric Association, the American Academy of Pediatrics and the American Academy of Child & Adolescent Psychiatry, have said gender-affirming care, like social transitioning, is clinically appropriate for children and adults.

The bill defines social transitioning as "the process by which an individual adopts the name, pronouns, and gender expression, such as clothing or haircuts, that match the individual's gender identity and not the gender assumed by the individual's sex at birth."

In Missouri, a person charged with a class E felony could face a maximum of four years in prison. A Tier I sex offender could also remain on the Sex Offender Registry for up to 15 years, according to another Missouri statute.

CNN has reached out to Gragg for comment.

In an interview with CNN affiliate KY3, Gragg said the goal of the bill is to "put the social learning development of our children back in the hands of the parents."

"Ultimately, whose children are these? They belong to the family that they come from. If there is a situation where they don't have that parental or guardian to go back on or to talk to, there is other help, professional help they can get," Gragg told the outlet.

It is unclear if Gragg's bill will be taken up in the state House and it has not been scheduled for a hearing.

LGBTQ advocates and Missourians have criticized the bill, including Gragg's brother.

During a news conference Thursday, Charles Gragg, Jr., a retired and disabled veteran who lives in Springfield said he was shocked by the bill his younger brother authored and that the measure "took his breath away."

"This bill is removing valuable support that is important for children," Gragg Jr. said. "It needlessly targets teachers in addition to attacking those that they don't agree with. It also attacks anyone who expresses compassion or tolerance and seeks to silence them. I believe it's intended to remove them from the future conversations."

Robert Fischer, communications director for PROMO, an LGBTQ+ policy and advocacy organization that organized Thursday's presser, said students and teachers have contacted the group to express concern about how the bill could impact educators.

"We will certainly have conversations with legislators to see what can be done, but also we'll mobilize our community of LGBTQ+ Missourians and allies to fight back against this because teachers are an incredibly crucial part of our educational system," Fischer said.

GLSEN, an organization that aims to create safe and inclusive school environments for LGBTQ+ youth, also criticized the bill. Melanie Willingham-Jaggers, executive director of GLSEN, said the bill is "deeply transphobic."

"While this egregious bill is expected to die in committee hearings, it is increasingly alarming to watch extremist state legislators peddle anti-trans hate and continue to introduce discriminatory policies," Willingham-Jaggers said in a statement to CNN. "Hate speech, especially when enshrined into discriminatory policies like these transphobic bills in Oklahoma and Missouri, leads to hate crimes."

Oklahoma's governor signed a bill into law last year banning gender-affirming care for minors with the possibility of a felony charge for health care professionals who provide it.

Last month, Nex Benedict, a nonbinary high school student in Oklahoma, died a day after they told their family they were involved in a fight at school. Civil rights groups and advocates have blamed a heightened and hostile climate against the LGBTQ+ community for contributing to Benedict's death.

In 2023, at least 510 anti-LGBTQ bills were introduced in state legislatures, according to data from the American Civil Liberties Union. The organization is also tracking 478 bills in the 2024 legislative session that restrict LGBTQ rights.

Gragg Jr. said he has not spoken with his brother about the bill and does not know what would inspire him to sponsor it.

"It's just hateful and malicious," Gragg Jr. said. "This legislation will cost lives and recklessly destroy others just for the sin of being compassionate."
CNN's Jen Christensen contributed to this report.

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State bill would register teachers as sex offenders if they support trans students who socially transition

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Republican Rep. Jamie Gragg introduced HB 2885 last week, which would criminalize "contributing to social transition."

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Bostock v.  Clayton County Case Brief Summary | Law Case Explained

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The Bathroom Case: Creating Supportive School Environment for Transgender and Gender Nonconforming Students

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TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 PROHIBITS DISCRIMINATION BASED ON RACE, COLOR OR NATIONAL ORIGIN IN PROGRAMS OR ACTIVITIES WHICH RECEIVE FEDERAL FINANCIAL ASSISTANCE

U.S. DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
WASHINGTON, D.C. 20202-1328
EDUCATION AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Title VI and Race, Color and National Origin Discrimination
Title VI of the Civil Rights Act of 1964 protects people from discrimination based on race, color or national origin in programs or activities that receive Federal financial assistance. Title VI states that:

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Programs and activities that receive Federal financial assistance from the United States Department of Education (ED) are covered by Title VI. ED maintains an Office for Civil Rights, with 10 regional offices and a headquarters office in Washington, D.C., to enforce Title VI.
Education Programs and Activities Covered by Title VI
Agencies and institutions that receive ED funds covered by Title VI include: 50 state education agencies, their subrecipients, and vocational rehabilitation agencies; the education and vocational rehabilitation agencies of the District of Columbia and of the territories and possessions of the United States; 17,000 local education systems; 4,700 colleges and universities; 10,000 proprietary institutions; and other institutions, such as libraries and museums that receive ED funds.

Programs and activities that receive ED funds must operate in a non-discriminatory manner. These may include, but are not limited to: admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing and employment, if it affects those who are intended to benefit from the Federal funds. Also, a recipient may not retaliate against any person because he or she opposed an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title VI. For a recipient to retaliate in any way is considered a violation of Title VI. The ED Title VI regulations (Volume 34, Code of Federal Regulations, Part 100) provide a detailed discussion of discrimination prohibited by Title VI.
The Office for Civil Rights Enforces Title VI
The Office for Civil Rights (OCR) in ED is responsible for enforcing Title VI as it applies to programs and activities funded by ED. OCR's responsibility to ensure that institutions that receive ED funds comply with Title VI is carried out through compliance enforcement. The principal enforcement activity is the investigation and resolution of complaints filed by people alleging discrimination on the basis of race, color or national origin. Also, through a compliance review program of selected recipients, OCR is able to identify and remedy discrimination that may not be addressed through complaint investigations. Compliance reviews differ from complaint investigations in that OCR has discretion in selecting the institutions it will review.

Given the large number of institutions under its jurisdiction, OCR is unable to investigate and review the policies and practices of all institutions receiving ED financial assistance. Therefore, through a program of technical assistance, OCR provides guidance and support to recipient institutions to assist them in voluntarily complying with the law. OCR also informs beneficiaries, such as students and applicants for admission to academic programs, of their rights under Title VI.

OCR has investigated and worked with state and local officials to resolve many kinds of civil rights problems, including the following:

The failure of some school districts to provide equal educational opportunity for national origin minority students who have a limited proficiency in English.

The maintenance by some state systems of higher education of separate college facilities for students based on their race, color or national origin.

How to File a Discrimination Complaint with OCR
Anyone who believes there has been an act of discrimination on the basis of race, color or national origin, against any person or group, in a program or activity that receives ED financial assistance, may file a complaint with OCR under Title VI. The person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group. A complaint should be sent to the OCR regional office that serves the state in which the alleged discrimination occurred (See list of regional offices.) A complaint must be filed within 180 days of the date of the alleged discrimination unless the time for filing is extended for good cause by the Regional Civil Rights Director. If you have also filed a complaint under an institutional grievance process, see the time limit.

Complaint letters should explain who was discriminated against; in what way; by whom or by what institution or agency; when the discrimination took place; who was harmed; who can be contacted for further information; the name, address and telephone number of the complainant(s) and the alleged offending institution or agency; and as much background information as possible about the alleged discriminatory act(s). OCR regional offices may be contacted for assistance in preparing complaints. OCR keeps the identity of complainants confidential except to the extent necessary to carry out the purposes of the civil rights laws, or unless disclosure is required under the Freedom of Information Act, the Privacy Act or otherwise required by law.

If an investigation indicates there has been a violation of Title VI, OCR attempts to obtain voluntary compliance. If it cannot obtain voluntary compliance, OCR will initiate enforcement action, either by referring the case to the Department of Justice for court action, or by initiating proceedings, before an administrative law judge, to terminate Federal funding to the recipient's program or activity in which the prohibited discrimination occurred. Terminations are made only after the recipient has had an opportunity for a hearing before an administrative law judge, and after all other appeals have been exhausted.

Prior to filing a complaint with OCR against an institution, a potential complainant may wish to find out what the institution's grievance process is and use that process to have the complaint resolved. A complainant is not required by law to use the institutional grievance procedure before filing a complaint with OCR. If a complainant uses an institutional grievance process and also chooses to file the complaint with OCR, the complaint must be filed with OCR within 60 days after the last act of the institutional grievance process.
Where to Request Additional Information or File a Complaint
The addresses and telephone numbers of the OCR regional offices are listed below. Each regional office is responsible for enforcing Title VI in the states and territories designated for that region. The states and territories for each regional office are indicated.

If you wish additional information about Title VI, or a copy of the regulations which detail the requirements of Title VI, write or phone the OCR regional office which serves your state or territory.

If you wish to file a complaint alleging race, color or national origin discrimination by a recipient institution in your state or territory, write to the appropriate OCR regional office, and follow the instructions stated in the preceding section: How to File a Discrimination Complaint with OCR.
REGIONAL CIVIL RIGHTS OFFICES
ED/OCR 91-27R

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civil rights; federal aid; federal programs; national origin discrimination; racial discrimination;

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Title VI of the Civil Rights Act of 1964 protects people from discrimination based on race, color or national origin in programs or activities that receive Federal financial assistance.

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Today, the U.S. Department of Education's Office for Civil Rights (OCR) and the U.S. Department of Justice's Civil Rights Division (Justice) jointly released a Resource on Confronting Racial Discrimination in Student Discipline. The Departments recognize and appreciate school administrators, teachers, and educational staff across the nation who work to administer student discipline fairly, and to provide a safe, positive, and nondiscriminatory educational environment for all students, teachers, and other educators.

The Resource demonstrates the Departments' ongoing commitment to the vigorous enforcement of laws that protect students from discrimination on the basis of race, color, or national origin in student discipline. The Resource provides examples of the Departments' investigations of such discrimination over the last 10 years, reflecting the long-standing approach and continuity in the Departments' enforcement practices over time and the continuing urgency of assuring nondiscrimination in student discipline in our nation's schools.

"OCR remains committed to ensuring nondiscrimination in disciplinary practices," said Assistant Secretary for Civil Rights Catherine E. Lhamon. "I look forward to ongoing work in, and with, schools to ensure that no student experiences unlawful discrimination, including with respect to discipline."

"Discrimination in school discipline can have devastating long-term consequences on students and their future opportunities," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "The Department of Justice's Civil Rights Division uses our federal civil rights laws to protect students from discriminatory discipline, including discrimination in suspensions and expulsions, law enforcement referrals and school-based arrests. The investigations that we describe demonstrate how students may experience discrimination based on multiple facets of their identities and reflect our joint commitment to fully protect all students."

The Resource describes how the Departments resolved investigations of 14 school districts in 10 states nationwide - Alabama, Arizona, California, Delaware, Maryland, Minnesota, North Carolina, Ohio, Oklahoma, and Utah. These investigations, conducted under Title VI of the Civil Rights Act of 1964 and its regulations, and Title IV of the Civil Rights Act of 1964, involved concerns of discrimination in schools' use of out-of-school suspensions, expulsions, school-based arrests, referrals to law enforcement, involuntary discipline transfers, informal removals, and other discipline against Black, Latino, and/or Native American students.

The Resource demonstrates ways school districts can take steps to proactively improve their administration of student discipline.

Additionally, the U.S. Department of Education's Office of Elementary and Secondary Education (OESE), Office of Safe & Supportive Schools Technical Assistance Centers released a series of fact sheets on how school leaders and members of school communities may support students' social, emotional, behavioral, and academic well-being and success. The fact sheets are: "Supporting Students' Social, Emotional, Behavioral, and Academic Well-Being and Success" through:

1. Strategies for Student and Teacher Support Teams;

2. Strategies for Educators and School-Based Staff;

3. Strategies for Schools to Enhance Relationships with Families;

4. Strategies for School and District Leaders.

You can find the fact sheets here. OESE Technical Assistance Centers will host webinars on each of the "Supporting Students' Social, Emotional, Behavioral, and Academic Well-Being and Success" fact sheets on the dates/times noted below and you can find registration information below. More information is available here:

Introduction to the Department's Guiding Principles for Creating Safe, Inclusive, Supportive, and Fair School Climates (Guiding-principles.pdf)
August 9, 2023, 3:00 pm ET

Strategies for School and District Leaders
August 23, 2023, 3:00 pm ET

Strategies for Schools to Enhance Relationships with Families
September 20, 2023, 3:00 pm ET

Strategies for Educators and School-Based Staff
October 4, 2023, 3:00 pm ET

Strategies for Student and Teacher Support Teams
October 18, 2023, 3:00 pm ET

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U.S. Departments of Education and Justice Release Resource on Confronting Racial Discrimination in Student Discipline

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Today, the U.S. Department of Education's Office for Civil Rights (OCR) and the U.S. Department of Justice's Civil Rights Division (Justice) jointly released a Resource on Confronting Racial Discrimination in Student Discipline.

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“It’ll Never Be the White Kids, It’ll Always Be Us”: Black High School Students’ Evolving Critical Analysis of Racial Discrimination and Inequity in Schools

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Fourteenth Amendment Section 3 | Constitution Annotated | Congress.gov | Library of Congress

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No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a me…

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Saama Sane said that when he was a junior at Noble and Greenough School in Dedham, Massachusetts, a white student repeatedly called him the N-word as he sat at a table in the library. Sane said he responded by yelling insults back and ended up on the floor in a headlock, all while five white students, some of them laughing, stood by watching. He reported the incident, and the school, which enrolls just over 600 and charges tuition upward of $58,000 a year for boarding students, took disciplinary action against the student, he said.

But Sane felt suffocated at the school, he told NBC News. And the wounds from that incident and many others seemed to still be fresh even after graduating.

"I stopped loving myself because I realized the community did not love who I actually was," Sane said.

Since he graduated, he feels as though he can finally be himself, said Sane, a rising sophomore at Boston College. He has reclaimed his love for making music, something he felt he had to give up at Nobles, as the school is commonly known, for fear of being made fun of by classmates.

A spokesperson said the school could not comment on the specifics of the incident but said, "Noble and Greenough School takes expressions of racism - spoken or physical - with great seriousness and responds accordingly."

In recent weeks, Black students and alumni of elite private high schools, including Nobles, the Brearley School in New York, Phillips Academy in Andover, Massachusetts, and Trinity School in New York, have created Instagram accounts where their peers can anonymously share experiences with racism.

The accounts, with usernames that begin with the words "BlackAt," are part of a broader trend of students' exposing racism through social media, Taylor Lorenz and Katherine Rosman reported in The New York Times.

While many schools have released statements vowing to change, in some cases, the damage has been done, students and graduates say. In their posts on Instagram, Black students have described racist incidents, an inability to ask faculty for help and support, a lack of confidence and trust in authority figures and general feelings of being outsiders.

Catherine Hall, head of school at Nobles, said the school is listening to the stories shared by graduates and striving to be more equitable and inclusive.

"We are working with a group of current student leaders and have also established a Graduates of Color Task Force - a group of graduates spanning six decades - to help plan our work ahead," Hall said in a statement provided to NBC News.

The experiences detailed in social media accounts can affect Black students' mental health and how they approach education, experts said.

Black students are prepared for the academic stress of top private schools, said Howard Stevenson, a clinical psychologist and professor of urban education who researches racial trauma at the University of Pennsylvania. "But what really bothers them is the social status, having to navigate who they are as people of color," he said.

Stevenson studies racial stress and how educators, community leaders and parents can address it. He said Black students often lack a sense of belonging within their private school environments, which - in combination with the racism they experience - affects their long-term mental health.

JahAsia Jacobs, 22, is a graduate of Blair Academy, a private school of about 460 in Blairstown, New Jersey. "I don't feel like I ever belonged to a 'Blair community,'" she said. "I don't think of myself as being a part of the people who the Blair administration protects."

Jacobs said that while she was at the school, she internalized the hurt and lost a part of herself because of the constant microaggressions she battled. As a result, she said, "I really wasn't involved in much outside of classes at Blair and beyond what they required me to do."

"There were so many opportunities, and I found myself not really taking those up, because I just didn't want to endure anything that was more racist or more alienating than I already had," she said.

Jacobs said she got involved in extracurricular activities again only once she got to college, where she has worked as an activist and co-hosted a race and resistance symposium.

"I am just very deeply involved in all the things that I wanted to be doing at Blair but didn't feel comfortable doing," she said.

in a recent statement to the Blair community, Chris Fortunato, Blair's head of school, revealed a plan to further diversity, equity and inclusion.

"We are all committed to more fully ensure that we are an inclusive, safe and welcoming community for every student and every adult," he said. The plan includes increased faculty training, a curriculum audit, efforts to hire a more diverse faculty and a commitment to engage with issues of bias with transparency.

The sense of belonging that Jacobs said she lacked at Blair is essential for the development of young people, said Beverly Daniel Tatum, a psychologist and author of "Why Are All the Black Kids Sitting Together in the Cafeteria: And Other Conversations About Race."

"When you are an adolescent in particular, trying to define your sense of identity, who you are, what you hope to be in the future - if you don't feel understood, you're likely to experience a sense of alienation and discomfort," Tatum said.

The consequences of working to fit in

Kynnedi Hines, 17, said she has hidden a part of herself to fit in at Woodward Academy, a private school near Atlanta. She self-censors her speech and tries not to bring any unwanted attention to herself.

The anxiety is the residual effect of a racist encounter with her middle school principal four years ago, Kynnedi said. In her post on the @ blackatwoodward page, she describes the time she and a classmate tried to plan a prom for their entire class. When they met with the principal to get approval, they were told they could not have an "African American-only dance" and that they would need to get signatures from their white peers supporting the event.

When reached by NBC News, the principal had no comment.

Stuart Gulley, president of Woodward Academy, said the former middle school principal retired in May. He said the school will encourage teachers and faculty to participate in "intensive diversity training," which has been offered for at least 11 years. The school will also host discussions with faculty and trained facilitators to digest their mandatory summer reading of "So You Want to Talk About Race."

"Over time, our hope is that we're going to create systemic change and that that change will be long term and regularly evaluated and reflect our commitment to diversity, equity and inclusion," Gulley said.

Kynnedi, a rising senior, is captain of the basketball cheerleading team and a tour guide for prospective students, but the encounter, which happened her first year at Woodward, has stuck with her, making her feel intimidated and wary of standing out.

When Black students experience racism, they are often just as hurt by the teachers who stand by and say nothing as they are by the perpetrator, Stevenson said. Black students need to know that their teachers will stand up for them and that acts of racism are not their burden to carry alone, he added.

What has stuck with Kennedy Austin, 22, is the feeling of powerlessness in the face of authority figures.

"I don't know what it's like to be a white student, and if you feel that, but especially as a Black student, you know that [teachers] have a lot more power than you do. And a lot of times they can say or do whatever they want," she said.

Austin started in kindergarten at the Berkeley Carroll School, a private pre-K-12 school in Brooklyn, New York, and graduated in 2015. The stories she shares in the @blackatbc group span elementary through high school. Her accounts include having been hypersexualized by teachers during health class, a white classmate's insistence that she would have helped her escape slavery, having been forced to translate the word "negrita" in class and a general sense of doubt about her ability to get into the colleges of her choice from peers and teachers.

She said that by the time she was given the chance to be herself and to feel empowered, the belief that she was powerless had already been ingrained.

"I've never felt comfortable going to office hours or having those 'I need help' conversations with my teachers, because historically they had never been the ones to help me," Austin said.

The exception came in ninth grade, when Black teachers allowed Austin to feel comfortable asking for support. Even then, she said, it took until her junior year of college to really build the skill.

A representative of the school wrote in a statement to NBC News: "We have been reading and carefully processing the stories from our Black alums and students on the 'Black at BC' Instagram and share their goal of ensuring that Berkeley Carroll is a supportive and welcoming environment for the Black community."

Austin said that although her main interest is in sociology, she is more comfortable in the Africana studies department at her college because of the support she feels she will get.

Despite their traumas, students have found ways to heal. Since graduating, many have found happiness at their colleges and in new communities.

"The only reason I'm thankful for Nobles is because I had to become a way stronger kid because of that school," Sane said.

But, according to Tatum, surviving the schools is not what is in question. These students have the ability to make it through, she said.

"The question is, should it have to be that hard? It should not."

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Black students experience trauma from racist incidents at school, experts say

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Social media accounts, with usernames beginning with the words "BlackAt," have revealed Black students' accounts of racist incidents at elite private schools.

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Students are fed up with racist slurs and bullying. Now they're walking out of class | CNN

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Some Black students are being told they stink while others are being called monkeys by their White peers. The n-word has been written on the walls of school restrooms as other students are the targets of racist rants on social media.

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Schools say dress codes promote discipline. But many Black students see traces of racism

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A trial in Texas is set to determine whether high school administrators can continue punishing a Black teenager for refusing to cut his hair.

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Strife in the Schools: Education Dept. Logs Record Number of Discrimination Complaints

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Some of the highest-profile complaints show how America’s culture wars are affecting the nation’s children.

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On a warm morning in August, 2021, a black Dodge Caravan pulled up to Foxboro Elementary, in North Salt Lake, Utah, and Isabella Tichenor got out, excited for the first day of school. Isabella, who went by Izzy, was ten, and wore overalls that were fashionably pre-ripped at the knees; she loved dancing and playing four square. In a photo that her mother, Brittany, took that day, Izzy stands with her seven-year-old sister, Addison, and their six-year-old brother, Jaxson, all of them captured mid-laugh. "It was a good day," Brittany told me. But, about a week into the new school year, Brittany noticed that Izzy had become quiet. She asked about Izzy's new teacher. "Mommy, I don't think she likes me," Izzy said. She explained that the teacher wouldn't look at her, and that she never greeted her in the morning, as she did other students. Brittany asked if Izzy was the only Black student in the class. "I think so," Izzy said.

Brittany had also grown up in Utah, where the Black population is less than two per cent. Classmates started calling her the N-word in the first grade. She suffered from what she has come to recognize as depression, and sometimes struggled to get out of bed. When she graduated from high school, she gravitated toward work that rewarded her knack for numbers-cashier jobs, then positions in accounting. Izzy, the result of a short-lived relationship, was born in 2011; she had dramatic eyebrows and a mole on her forehead. At three or four, she began screaming inconsolably in grocery stores and other public spaces, unprovoked. At times, she was so overcome with anxiety that she couldn't speak, and clapped her hands at Brittany, trying to get the words out. Brittany believed these were signs that Izzy was autistic. After Addison and Jaxson were born, Brittany moved around the Salt Lake region, placing the children in different schools, but the assessment of Izzy, who also had dyslexia, was always the same: she was behind in math, reading, and writing. In an evaluation conducted in 2017, when Izzy was six, her first-grade teacher noted that she was "withdrawn" and "depressed."

In 2018, Brittany married a man who showed interest in helping her raise her kids. They moved to North Salt Lake, and, in 2019, Brittany enrolled her children in Foxboro; she was encouraged by the early warmth of the staff members and their efforts to get Izzy started on a special-education plan. "I thought it was a good school," Brittany told me. "Everybody was nice." But, a few months later, COVID-19 shut down the world, and Brittany lost her job; eventually, the family fell behind on rent. In 2021, they were evicted from their apartment. They stayed with a relative in Ohio for a couple of months, and then returned to the Salt Lake area, where they began sleeping in their van in an empty parking lot, covering the windows with blankets. "It was humiliating," Brittany told me.

That August, Foxboro finally reopened to full-time, in-person learning. Brittany took her children to a secondhand-clothing store, where they chose outfits, and she splurged on a hotel the night before the first day of class so that the kids could shower. But the first weeks were difficult. Soon after Izzy complained about her teacher, she and Addison told their mother that another student claimed to have a gun, and had threatened to shoot them with it. Brittany called the school, furious. A few days later, administrators told her that they had reviewed surveillance footage and searched the student's backpack, and could not substantiate the allegation; there would be no repercussions. (The Davis School District, which oversees Foxboro, has declined to comment on the details of Izzy's case.) "Can you imagine if my child brought a gun?" Brittany asked me. "My Black child?"

Ten days after the gun allegation, Addison told her mother that the same classmate had touched her and called her the N-word. Brittany phoned the school immediately. The next morning, she received an e-mail from the principal, who wrote that she and her staff had reviewed footage and could not see the classmate touch Addison. And she said that two witnesses claimed they had not heard Addison and the student exchange words. But the principal told Brittany that she had come up with a solution: the Tichenor children and the other student could, by an intricate series of detours, avoid one another while at school. "This should ensure that they don't meet at any point," the principal e-mailed, "if they each do what they've been asked." "This is out of control," Brittany wrote back. "So basically it's okay for kids to call other kids [the N-word]!"

If 2020 was the year of George Floyd and the Black Lives Matter movement, the years since have been characterized by a backlash. Much of it has centered on schools. Conservative politicians have taken aim at critical race theory, a term now used to refer to virtually any discussion about race. Florida Governor Ron DeSantis called it "state-sanctioned racism" and signed a law banning instruction that makes students feel "guilt, anguish, or other forms of psychological distress because of actions . . . committed in the past by members of the same race." Using that law as a basis, the Florida Department of Education unanimously approved new standards encouraging lessons that suggest enslaved people enjoyed some "personal benefit." Greg Abbott, the governor of Texas, signed a law that bars educators from implying a person can be "inherently racist, sexist, or oppressive." Book bans have popped up across the country, striking works by writers including Toni Morrison and Maya Angelou from school libraries and curricula.

These fights have extended to in-school harassment. Between October, 2021, and September, 2022, the Department of Education's Office for Civil Rights fielded eight hundred and ninety-nine allegations of racial bullying in schools, double the number of allegations from the year before. At a high school in Michigan, racial epithets and death threats were scrawled in the bathroom-"Kill all [N-word]s," one read-and a Black doll hung from a noose on school grounds. In Minnesota, white students posted a video on social media goading a Black student to take her own life. "You can fucking rot in hell . . . no one likes [N-word]s," one says into the camera. "Fucking kill yourself right this time." The increase in formal allegations may partially be the result of raised awareness-and a new way of speaking-about a kind of harassment that was present all along. But Christine Crawford, a child and adolescent psychiatrist at Boston Medical Center, believes that the political backlash also colors interactions among children. "They may be thinking that it's O.K. to talk this way about other groups of people," she said. " 'Dad is doing it. My mom is doing it. What's the problem?' " These interactions, in turn, become culture-war flash points. When the parents of a Black student at the Michigan school announced a lawsuit against the school district, the news prompted an outpouring of online anger. "I'm so tired of the super woke, most intelligent, most free black people in the world acting like they went through slavery," one commenter wrote. "YOU WERE BORN FREE! NOW WHATS YOUR EXCUSE." Another added, "This is so fake."

Foxboro Elementary sits in Davis County, just north of Salt Lake City. Sixty-one per cent of the county voted for Donald Trump in the 2020 election. "Let's Go Brandon" signs and Blue Lives Matter flags hang in front yards. In February, 2021, an elementary school in the Davis School District celebrated Black History Month with a hallway display about the ABCs of Black history ("P" for "protest"; "U" for "uplift"). Natalie Cline, a right-wing member of the Utah State Board of Education, argued that it pushed "an extremely controversial ideology," and the decorations were removed. Months later, the district banned the display of all Black Lives Matter flags, along with L.G.B.T.Q. pride flags, calling them too politically charged. "No flags fly in our schools except for the flag of the United States of America," a district spokesperson told local media.

Black students in the area had long been targeted by racial bullying. Brynn Martindale, who graduated from a high school in the district in 2022, told me that, in preschool, another child said, "My dad doesn't like Black people, so I don't like Black people, either." In middle school, a white classmate took to calling Martindale "Fat Black." Her hair was touched by "teachers, students, church leaders, random adults, everyone." Allison Schlichter, a white parent who adopted a Black daughter from Ethiopia, told me that a student in first grade told her daughter that her hair and skin color were "stupid." When Schlichter complained, the principal waved the incident away, arguing that what the student said was equivalent to telling someone that their clothes are unfashionable. "I was in a total panic," Schlichter told me. "I couldn't send my daughter back there again." She pulled her daughter out of the school and enrolled her in another district for a year. Shauntel Black, another white parent of a Black child, told me that, when white students pushed her son Justus around on the elementary-school playground, and he defended himself, he was punished, and his attackers weren't. "He got told his skin looked like poop every single year," Black said.

Around 2018, Schlichter and another parent, Emily Furse, began collecting stories from fellow-parents, eventually amassing hundreds of pages' worth. The following year, video footage emerged showing a white bus driver from the district clamping the bus doors shut on the backpack of a biracial student and dragging him for more than a hundred and fifty feet. The incident made national news. Schlichter and Furse's collection of stories went on to reach the Department of Justice.

In June, 2019, two D.O.J. lawyers travelled to Utah to investigate whether the district was violating Title IV of the Civil Rights Act, which bars race-based discrimination. Black students told the attorneys that their white classmates routinely called them the N-word, or referred to them as "monkeys" or "apes," and made monkey noises. White students touched and pulled Black students' hair without permission, and told them to pick cotton. Some displayed or wore Confederate flags. Some often requested "N-word passes" from Black students, which they insisted allowed them to use the N-word without consequence; when refused this request, white students sometimes threatened or physically assaulted their Black classmates. They called Black students' skin dirty, or said that it looked like feces, asking why they didn't wash it. Administrators knew of at least two hundred and twelve documented occasions in which Black students were called the N-word in the course of just three years. The D.O.J. attorneys found that the students who used the slurs were rarely disciplined. Some teachers who admitted to hearing the epithets said that they had simply told offenders to "watch their language"; staff explained away instigators' behavior by saying they're "not trying to be racist."

In an interview with one of the D.O.J. lawyers, who is Black, a white assistant principal, quoting an exchange, repeatedly used the N-word, without censoring it. In another interview, a white staff member said that a student was, like the lawyer, "colored." "I think we were all, everyone on the team, shocked and pretty appalled," an attorney with the investigation told me. "It was really hard to hear the experiences these students had-and the general feelings of isolation, on top of that, and just having very few people to talk to and turn to. It was pretty heartbreaking."

By late September, 2021, Izzy and her family had been homeless for at least three months. Brittany would pick up the kids at Foxboro each afternoon and drive to a truck stop or city park for the night. In the mornings, they would find a bathroom at a rest stop or fast-food restaurant, clean up, and get dressed for school. Brittany worked far-flung cashier jobs, using gas that she bought with food stamps. Sometimes she scraped together enough money to treat the family to a night at a hotel, where they would blast the air-conditioning and order room service. Addison and Jaxson seemed to adjust to the situation, treating it like a camping trip, but Izzy had a harder time adapting. In class, Izzy's teacher seemingly struggled to relate to her. The teacher wrote in an assessment, "She doesn't seem to have much emotion, and I don't know if it's because she doesn't understand what is happening or doesn't care." (The Davis School District declined to make Foxboro personnel available to comment for this piece. Izzy's teacher did not respond to requests for comment.) That fall, Brittany requested, for a second time, an evaluation to formally diagnose her daughter as having autism. (Brittany hadn't completed all the steps for an earlier attempt.) Her hope was that, if the school acknowledged the disability, Izzy would get the treatment she needed.

One day, Brittany caught Izzy dousing herself with Febreze. When her mother asked why, Izzy told her that kids at school said she smelled bad. The teasing got worse after her teacher gave a talk to the class about the importance of taking showers and baths. Izzy felt that the lecture was directed at her. Brittany called to complain, asking that, in the future, the teacher discuss her daughter's hygiene with her, rather than in front of the other students. The teacher explained that personal hygiene is simply something that she regularly discusses with her class, and, in Brittany's recollection, asked her to calm down. "I said, 'You don't tell me to calm down,' because that's what white people always say," Brittany told me.

Later that fall, Brittany found a steadier job, working at a dollar store. She and her husband pooled their money, and some housing vouchers, and put a down payment on an apartment-a three-story, two-bedroom, town-house-style space with its own garage, granite countertops, and all-new appliances. When Brittany brought the kids there, in October, they were ecstatic. "Now we can cook!" Izzy said, running her hand along the counter. The apartment was outside of the Davis district, and Brittany hoped to enroll her children in a new school.

In the meantime, at Foxboro, the bullying got worse. Izzy said that students were focussing on her thick eyebrows, which had started to grow into a unibrow, and the "dot" on her forehead. She begged her mother, "I need you to cut my eyebrows. People are making fun of me." Brittany tried to console her. "You're beautiful," she said. On Tuesday, November 2nd, Brittany let her daughter skip school, to settle into the new house and to give her a break from her tormentors. That evening, as another school day loomed, Izzy became despondent and sequestered herself in her mother's bedroom. "She just laid on the ground in my room, in front of the closet," Brittany told me. Brittany went downstairs to do some unpacking but reminded Izzy that she had a book-report poster to complete for the next day, for which they had bought new colored pencils. "When I come back upstairs, we're gonna do it," she said. "Are you excited?" Izzy gave her a faint smile.

In the garage, Brittany and her husband rummaged through boxes of photos to mount around the house. Several minutes later, Addison and Jaxson burst in, and said that Izzy had tried to kill herself. They all ran to the top floor, and found Izzy. Brittany's husband called 911 and performed CPR. Izzy was rushed to the hospital. When Brittany came into her hospital room, Izzy had tubes in her mouth, and tears coming from her eyes. Brittany initially thought that this was a positive sign, but the staff explained that it was likely the work of involuntary reflexes. By that Friday, Izzy had been in a coma for three days. Doctors told Brittany that Izzy's condition would likely never improve. The following afternoon, she was taken off life support. She was pronounced dead on November 6th. "A part of me died," Brittany said.

Izzy's suicide threw an already divided school district into crisis. The D.O.J. had just released the results of its investigation, finding that the district had compromised the rights of students of color by "responding in a clearly unreasonable manner to widespread, pervasive race-based harassment . . . by both students and staff." In a letter describing its findings, the D.O.J. reported prevalent use of the N-word, racial taunts, and physical threats. The district also subjected "Black students to harsher, more frequent discipline than white students who engaged in similar behavior." In one case, a Black student was criminally charged. Kristen Clarke, who heads the D.O.J.'s civil-rights division, told me that the findings are "a powerful reminder that we can't ignore the way in which hate manifests itself . . . including inside of our schools." The district agreed to a settlement, which included training for teachers and administrators on how to identify and report racial harassment, and the establishment of an electronic reporting system for families, students, and teachers to register complaints. Dan Linford, the superintendent of Davis, who was appointed after the report's release, told me that he was surprised by the severity of the racial harassment uncovered, and said that the behavior described in the findings was deplorable. "We cannot shrink from our responsibility to solve this," he said.

In the community, the D.O.J.'s findings were divisive. Many Black locals welcomed the report. Martindale, the recent graduate from a high school in the district, told me that she was relieved that someone in power had listened. But some of her friends didn't buy it. "My white friends were, like, 'No, that does not happen. That's not a thing.' " Linford noted, "The initial wave of response was a lot of people just completely denying it." Schlichter, one of the parents who collected stories about the treatment of Black students, told me that, because she was vocal about racial harassment, "I literally lost half of my friends and family members." That November, at a Davis school-board meeting, one resident expressed fury about the settlement, saying, "You just . . . invited the federal government into our schools to come in and police our children and police our teachers." A speaker with a red "Keep America Great" baseball cap and a Utah Patriots T-shirt took the lectern and said, "I think it's nothing more than a big push to shove C.R.T., transgender, the gay-the whole movement-down our throats."

It is, of course, difficult to know what causes a suicide. Crawford, the child psychiatrist, told me that surviving loved ones often reach for specific motives, but it's rarely that simple. "Everyone has their own reasons for doing so, and it is quite difficult to predict who will actually make an attempt," she said. Suicide by children of color is even less well understood. A JAMA Pediatrics study published in 2018 found that, nationally, Black kids between the ages of five and twelve are twice as likely to kill themselves as white children. But we don't understand the role that particular forms of discrimination play in that outcome. Eraka Bath, a child psychiatrist at University of California, Los Angeles, told me, when it comes to social behavioral research, "We have a science problem where ninety per cent of our studies are based on people"-Western, educated, rich-who only represent a fraction of the population. Izzy's circumstances were difficult in a number ways. She was poor, and had spent several months homeless. Her learning disabilities made school a struggle. Her mother had a history of depressive episodes, and at least one of Izzy's teachers had observed signs of depression in her, too.

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How a Culture War Over Race Engulfed a School District

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James Ross Gardner reports on the aftermath of a child's suicide in Utah, where residents battled over whether her death was an isolated incident or caused by racist bullying.

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Overview
The Office for Civil Rights (OCR) enforces several federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education. Discrimination on the basis of race, color, and national origin is prohibited by Title VI of the Civil Rights Act of 1964; sex discrimination is prohibited by Title IX of the Education Amendments of 1972; discrimination on the basis of disability is prohibited by Section 504 of the Rehabilitation Act of 1973; and age discrimination is prohibited by the Age Discrimination Act of 1975. OCR also has responsibilities under Title II of the Americans with Disabilities Act of 1990, which prohibits disability discrimination by public entities, whether or not they receive federal financial assistance. In addition, as of January 8, 2002, OCR enforces the Boy Scouts of America Equal Access Act (Section 9525 of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001). Under the Boy Scouts of America Equal Access Act, no public elementary school or State or local education agency that provides an opportunity for one or more outside youth or community groups to meet on school premises or in school facilities before or after school hours shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in Title 36 of the United States Code as a patriotic society.

These civil rights laws enforced by OCR extend to all state education agencies, elementary and secondary school systems, colleges and universities, vocational schools, proprietary schools, state vocational rehabilitation agencies, libraries, and museums that receive U.S. Department of Education funds. Areas covered may include, but are not limited to: admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing, and employment.

Last Modified: 01/12/2023

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The Office for Civil Rights (OCR) enforces several federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education. reas covered may include, but are not limited to: admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing, and employment.

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Brown vs Board of Education - Crash Course

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brown vs board of education - Google Search

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Why was Brown vs Board of Education important to special Education?

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The Supreme Court could decide the fate of the DACA policy within the next two years. DACA provides protection from deportation and gives legal work authorization to roughly 600,000 undocumented individuals who came to the U.S. as young children. A recent federal court decision will likely send the case to the Supreme Court; if the Justices choose to hear the case, their ruling will likely determine once and for all if those protections can remain in place.

The Fifth Circuit Court of Appeals is reviewing the case against DACA

The case challenging the legality of the DACA policy is currently under review by the Fifth Circuit Court of Appeals. Opening briefs have been filed by the appellants (those defending DACA, including the Biden administration and leading advocacy organizations) in January, and will be answered by the opposition (those trying to end DACA) by February 26th.

In February, legal briefs were submitted by amici curiae, or "friends of the court," detailing the devastating impacts that ending DACA would have on children and families, communities, and the economy. More than 450 individual amici, including leaders in the business community, higher education, and state governments, among many others, are represented across seven briefs.

If the court schedules oral arguments, they could happen as early as Spring 2024, and a decision could be issued in the months following.

"1,000 DACA recipients will be forced out of their jobs every business week for two years if DACA renewals end."

The Supreme Court could control the futures of 600,000 DACA recipients

The Supreme Court could decide within the next year whether to hear a case about the legality of the Deferred Action for Childhood Arrivals (DACA) policy.

In September 2023, Judge Andrew Hanen, a federal judge in the U.S. Southern District of Texas, who issued a ruling declaring that the DACA program is illegal. While Judge Hanen's most recent ruling does not impact DACA recipients' current protections or their ability to continue to renew them, the decision is another cruel and disheartening indication that the courts plan to terminate this vital lifeline for hundreds of thousands of young immigrants and their families.

Judge Hanen's ruling is not the final step. An appeal of his ruling has been filed, and is being heard by the Fifth Circuit Court of Appeals, which also previously ruled against DACA. Assuming the Fifth Circuit rules the same way again, the case will then likely be appealed up to the Supreme Court. The timing of the Fifth Circuit's decision is unpredictable, however, and the timeline for the Supreme Court to respond to a request to review the case could range from anywhere late 2024 to early 2025; if such a request is granted, the case may not be heard until spring 2025.

Considering the current makeup of the Court and its previous immigration decisions, there's a good chance the Justices could also rule against DACA. If the Court ultimately upholds Judge Hanen's ruling, and if the Court prohibits the government from processing DACA renewals, the 600,000 current DACA recipients could be stripped of their ability to work legally, and would be exposed to the threat of deportation.

If DACA renewals are ended, an estimated 1,000 DACA recipients would be forced out of their jobs every week for the next two years.

"DACA litigation has created overwhelming uncertainty for recipients and prevents the government from processing requests from new applicants."

DACA has been in legal limbo for many years

For half a decade, DACA has faced protracted litigation that has created overwhelming uncertainty for current recipients, and has prevented the government from processing requests from new applicants.

The legal odyssey began in 2017 when then-Attorney General Jeff Sessions announced that the Trump administration was ending the DACA policy. Several lawsuits were filed to keep DACA in place, and federal judges decided in their favor, determining that the Trump administration had violated federal procedure by ending DACA without a formal process. The Trump administration asked the Supreme Court to review the cases; in 2020, the Court issued a 5-4 decision affirming that the Trump administration had not followed the proper procedures. This decision kept DACA in place, though the Court deliberately said nothing about the underlying legality of the policy itself.

Meanwhile, a separate legal challenge was launched by a coalition of Republican attorneys general. They sued the U.S. government, arguing that the DACA policy is unlawful and directly harms their states. The case came before Judge Hanen in the Southern Texas District Court, and in 2021 he sided with the states. Judge Hanen asserted that DACA was illegal because the Obama administration had skirted the formal rulemaking process, and that DACA's protections went beyond the government's authority.

Judge Hanen's 2021 decision prohibited the government from processing new applications, but it allowed current DACA recipients to retain their protections and to file for renewals while the Biden administration went through a new formal rulemaking process to bolster the program.

The Biden administration appealed Judge Hanen's decision; in 2022, the Fifth Circuit Court of Appeals upheld Judge Hanen's determination that the original DACA policy was unlawful, but sent the case back to Judge Hanen to consider the legality of the new formal DACA rule issued by the Biden administration. Despite this new rulemaking process, Judge Hanen has ruled again that DACA is illegal. The Biden administration has now appealed that decision, requesting the Fifth Circuit to review the new ruling.

DACA Litigation Timeline

DACA Litigation Timeline

DACA Litigation Timeline

Texas Decision Upheld, but New Rule Sent to Hanen

The Fifth Circuit Court of Appeals in Texas upholds Judge Hanen's determination that the 2012 DACA memorandum is unlawful, but remands the case back to Judge Hanen to determine the legality of the newly finalized DACA rule.

DACA Litigation Timeline

SCOTUS Reviews DACA Cases

The Supreme Court grants review of three petitions related to the Trump administration's attempts to end DACA: Regents, Batalla Vidal, and NAACP.

DACA Litigation Timeline

Regents Decision Upheld

A three judge panel in the Ninth Circuit upholds the preliminary injunction issued in Regents of the University of California v. Department of Homeland Security that kept DACA renewals going. The court reasoned that the plaintiffs in the case were likely to prevail on their claim that the Trump administration's termination of DACA was "arbitrary and capricious" and therefore unlawful.

DACA Litigation Timeline

Trump Administration Seeks SCOTUS Review, Again

The Trump administration requests a writ of certiorari for the second time in the case of Regents of the University of California, et al. v. Department of Homeland Security, and for the first time in the cases of Batalla Vidal v. Nielsen and NAACP v. Trump, asking the Supreme Court to take up the cases before decisions are issued in the related appeals cases.

"DACA has been a transformative policy, keeping families together and helping young people build their lives and careers in the country they have known as home."

DACA has been a tremendous success, but legal challenges limit its potential

The DACA policy was implemented in 2012 by then-Secretary of Homeland Security Janet Napolitano. The Obama administration intended the policy to provide temporary protections for undocumented children-often called Dreamers-while Congress worked to create a pathway to permanent legal status. However, Congress has failed to pass any meaningful legislation for Dreamers in the 11 years since DACA was established.

In that time, DACA has been a transformative policy. With DACA, the overwhelming majority of recipients has graduated high school, and nearly half have attained some college education. Most DACA recipients are working: more than three-quarters of DACA recipients participate in the labor force, contributing an estimated $13.3 billion to the U.S. economy each year. Some 300,000 DACA recipients work in industries with labor shortages, including healthcare, business services, and education. About a third are married, and more than a third have at least one child at home. Nearly 1.1 million U.S. citizens live in households with a DACA recipient.

Unfortunately, DACA's eligibility requirements have not been updated since the policy was announced. DACA applicants must have been in the U.S. since 2007, meaning individuals who could qualify today could be no younger than 16. And even if applicants can meet these requirements, the legal challenges have prevented the government from processing new applications. All told, about 2 million Dreamers currently living in the U.S. are not protected by DACA.

This includes as many as 400,000 individuals who would be eligible to receive DACA status, but cannot have their application processed because of Judge Hanen's injunction, according to FWD.us estimates. In fact, nearly all undocumented high school students graduating this year, and in the years to come, will be ineligible for DACA.

DACA has kept families together and helped young people build their lives and careers in the country they have known as home. The future of this transformative policy, and the futures of the thousands of people people who have been protected by it for more than a decade, could be decided by the Supreme Court within the next two years.

While Congress must ultimately act to create a pathway to permanent status for all Dreamers, there are actions the Biden administration can and must do now to begin implementing a comprehensive Dreamer Protection Plan before it's too late.

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A recent federal court decision will could put the DACA policy in front of the Supreme Court in the very near future. Learn more.

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Conducting Legally Defensible Title IX Investigations

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U.S. Department of Education's Office for Civil Rights Reaches Settlement with Victor Valley Union High School District in California

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The U.S. Department of Education's Office for Civil Rights (OCR) today announced that the Victor Valley Union High School District in California has entered into a resolution agreement to end race discrimination in implementation of school discipline.

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Resolution Agreement - Victor Valley Union High School District

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Discrimination is a human rights violation which can have a damaging effect on all learners, especially those who are targeted.

Schools can tackle discrimination by promoting democracy, respect for human rights and citizenship.

To ensure that all students' needs are met equally, schools need to prioritise language and cultural competences, multiperspectivity in history and gender equality. In this way, students can acquire competences for democratic culture, to fulfil their potential in school as well as in society.

Facts & figures

Students with disabilities in Europe have higher early-school leaving-rates than their same-age peers.[]

Black Caribbean students are three times more likely to be excluded from English schools than white pupils. []

A survey of nine EU countries showed that 33% of Roma students were in schools where most pupils were Roma, with 13% in Roma-only schools.[]

What is discrimination?

Discrimination is treating a person badly or unfairly on account of a personal characteristic, such as national, ethnic or social origin, gender, language, religion, disability or sexual orientation.
There are two basic forms of discrimination:

Direct discrimination - treating someone less favourably than you treat or would treat another person in the same situation, e.g., a school refusing to admit a student because they are Roma,

Indirect discrimination - applying a provision, criterion or practice in the same way for all of a group which has the effect of unfairly disadvantaging people in the group who share a particular characteristic, e.g., a school uniform policy banning headgears for girls and boys may unfairly disadvantage Muslim girls and Jewish boys.

Discrimination can occur in almost any aspect of school life, from the attitudes and expectations of teachers to school rules and codes of conduct, selection and grouping practices, curricula, teaching methods and materials, changing facilities, career guidance, canteen food and the physical school environment.

Whatever form it takes - whether it be parallel school systems for different ethnic groups, concentrations of minority or disadvantaged children in the same school, or differential access to educational provision, it means a lower quality of educational experience for the students being discriminated against.

Why is tackling discrimination important at school?

Discrimination is a human rights violation. Article 14 of the European Convention on Human Rights contains a prohibition on discrimination with respect to any of the rights and freedoms guaranteed under the Convention. Article 2 of Protocol No.1 requires the state to ensure that all individuals have access to its formal educational provision.

"No person shall be denied the right to education."[]
"The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."[]

Tackling discrimination is not simply a duty laid on schools by the European Convention of Human Rights, it is also important for student well-being and educational success. Children and young people who are treated unfairly or discriminated against are more likely to have:

negative attitudes to school

lower levels of motivation and academic achievement

a higher risk of dropping out of formal education

experience of bullying

mental health problems.

Feeling different or 'less' than others can be an isolating experience. Over time it undermines an individual's capacity for participation in society, e.g., their sense of self-efficacy, openness to other cultures and beliefs, tolerance of ambiguity and flexibility and adaptability - all of which lie at the heart of the Council of Europe Reference Framework of Competences for Democratic Culture.

Lack of opportunity due to discrimination in school also damages society. It intensifies social divisions, fuels xenophobia and intolerance and undermines social cohesion.

"States should adopt a combination of strong anti-discrimination measures and policies that promote more inclusive education systems where all children learn together. This is not a utopian project, but an achievable goal that can ensure more equal treatment of all children and, in the long term, improve social cohesion"[]

What are the challenges?

One of the challenges facing the tackling of discrimination in schools is a lack of data. European-wide statistics specifically focused on discrimination in schools are scarce. Children with disabilities, for example, do not always appear in national statistics and may be 'invisible' to decision-makers, service providers and the public. Such children are particularly vulnerable to discrimination, however, and are often segregated in terms of educational provision.

These are not the only 'invisible' minorities in schools. For example, LGBTI students often feel they have to hide their sexual orientation at school to avoid victimisation.

Another key challenge is the existence of negative stereotypes about minority groups among teachers, parents, students and other school stakeholders. Such stereotypes are often deeply embedded in everyday school life and practice, so much so that they are taken as 'normal', e.g., stories and images in textbooks that reflect a stereotyped portrayal of the roles of women and men, girls and boys. Stereotypes help to fuel prejudiced and aggressive behaviour between students, lower expectations from teachers and negative attitudes from parents, e.g., refusing to allow their children to be taught alongside refugee or migrant children.

Stereotyping is difficult to root out in schools because its origins lie in wider society. This is exacerbated by the current preponderance of hate speech, fake news and conspiracy theories in digital media, especially social media.

The situation is compounded when minority groups are under-represented on school staff. Students lack role - models and teachers do not have the access to information about or insights into other cultures and ways of life that come with belonging to a more diverse profession. They lack the intercultural competences with which to create inclusive and quality learning environments, e.g., openness to cultural otherness, tolerance of ambiguity, plurilingual skills and knowledge and critical understanding of alternative cultures, religions and histories.

Tackling discrimination is more challenging when there is a lack of dialogue between schools and parents. Often this is on account of language difficulties, but it is also a problem where students' parents work abroad leaving their children in the charge of elderly relatives or others.

How can schools get active?

Ensuring all learners of any age are provided with meaningful, high-quality educational opportunities alongside their peers requires a whole-school approach.

It begins by schools understanding who might be at risk of discrimination, what they can do to minimise discrimination and how they can support students at risk of discrimination. A good place to start is with an assessment of the current situation, identifying the strengths that exist in the school, but also needs and priorities. Consulting with school stakeholders is essential, especially students and, where possible, parents - e.g., using surveys, questionnaires, focus groups, etc. Given the sensitivities involved there is argument for collecting information on individuals' experiences of discrimination anonymously.

Based on an assessment of the current situation it is possible to identify immediate priorities for policy development. Priorities will vary with the school, but might include, for example:

language development

gender equality

accessibility of the physical environment

intercultural competences.

The setting of initial priorities should go hand in hand with professional development for senior leadership teams as well as teaching staff. An element of personal as well as professional reflection is essential to the tackling of discrimination in school. In particular, it is important for school staff to be able to consider their own beliefs and values with regard to discrimination, including their own unconscious biases and prejudices.

Schools can then turn to the longer-term aspiration of creating a culture of non-discrimination. Central to this process is the challenging of negative stereotyping, both in classrooms and around the school. This can be done in a variety of ways, including:

challenging stereotypes when they are heard

discussing stereotypes with students

identifying stereotypes in the curriculum

highlighting stereotypical images and roles in textbooks

allocating posts of responsibility equitably

choosing different ways of dividing up students

providing a range of role-models

setting up mechanisms for monitoring incidents of discrimination.

Challenging stereotypes goes alongside the promotion of inclusion and an appreciation of the benefits of diversity in school life. This can take different forms, including:

using inclusive language

including human rights, democratic citizenship and intercultural education in the curriculum

encouraging the discussion of controversial issues

promoting student voice

involving students in peer education and peer mediation activities

welcoming parents and involving them in school decision-making

forming partnerships with different organisations and groups in the community.

[1] Education section of the The European Disability Forum

[2] Article: UK: Racial discrimination is a reality in schools and classrooms. Education International

[3] EU Fundamental Rights Agency, "Second European Union Minorities and Discrimination Survey (EU-MIDIS II) Roma - Selected findings" (2017).

[4] ECHR, Article 2, Protocol No.1

[5] ECHR, Article 14

[6] Position paper: Fighting school segregation in Europe through inclusive education by the Council of Europe Commissioner for Human Rights

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Tackling discrimination - Democratic Schools for All - www.coe.int

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Discrimination is a human rights violation which can have a damaging effect on all learners, especially those who are targeted. Schools can tackle discrimination by promoting democracy, respect for human rights and citizenship. To ensure that all students' needs are met equally, schools need to prioritise language and cultural competences, multiperspectivity in history and gender equality.

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Ruby Bridges Goes to School (The 6 Year Old Activist) #blackhistory #civilrights #onemichistory