How to File an Education Discrimination Complaint with the Government

Pursuing educational opportunities can be very rewarding and beneficial to one's life. However when those opportunities are denied due to discrimination, the outcome can be very stressful and frustrating. The U.S. Department of Education's 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 (ED) including the following:

• Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin.
• Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex.
• Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability.
• Title II of the Americans with Disabilities Act of 1990 (Title II prohibits discrimination on the basis of disability by public entities, whether or not they receive federal financial assistance)
• The Age Discrimination Act of 1975 prohibits discrimination on the basis of age.

The mentioned civil rights laws not only apply to federally funded programs and activities, but they also apply to all state education agencies, elementary and secondary school systems, colleges/universities, and other institutions that receive federal funding from ED. These institutions may not discriminate while providing benefits and services such as admissions, financial aid, academic programs, athletics, and more.

OCR also enforces the Boy Scouts of America Equal Access Act, part of the No Child Left Behind Act. Under the Boy Scouts Act, no school or agency receiving the Department of Education funds can deny access or discriminate against the Boy Scouts or any other youth group listed in title 36 of the United States code (as a patriotic society).

What to Do

If you have suffered discrimination or know of an incident of discrimination that you want to report, you can file a formal complaint with OCR through the following means:

• Online
• Mail or Fax
• Email
  

How to File an Online Complaint

Complainants may file an education descrimination complaint online.

How to File a Complaint Through Mail or Fax

If you mail a complaint, then you can use OCR's form or write your own letter. If you write your own letter, include the following:

• Your name and address (a telephone number where you may be reached during business hours is helpful, but not required);
• A general description of the person(s) or class of persons injured by the alleged discriminatory act(s) (names of the injured person(s) are not required);
• The name and location of the institution that committed the alleged discriminatory act(s); and
• A description of the alleged discriminatory act(s) in sufficient detail to enable OCR to understand what occurred, when it occurred, and the basis for the alleged discrimination (race, color, national origin, sex, disability, age, or the Boy Scouts of America Equal Access Act).

Mail or fax the information to the appropriate address or phone number available here.

Retaliatory Action

A recipient may not retaliate against any person who has made a complaint, testified, assisted or participated in any manner in an investigation or proceeding under the laws listed above.

Who Can File

• Anyone who believes that an educational institution that receives Federal financial assistance has discriminated against someone on the basis of race, color, national origin, sex, disability, or age
• Anyone who believes that a public elementary or secondary school, or State or local education agency has violated the Boy Scouts of America Equal Access Act
• 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

Timeliness

A complaint must be filed within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by OCR for good cause.

Institutional Grievance Process

Prior to filing a complaint with OCR against an institution, a potential complainant may want to find out about the institution's grievance process 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.

Get Professional Legal Help with Your Education Discrimination Complaint

This is a brief overview of the complaint process with addresses and contact information for regional U.S. Department of Education civil rights enforcement offices. If your case is simple, you can get started with following the complaint process. In more complex cases or to address other discrimination issues, it is advisable to talk to a local attorney specializing in discrimination cases.