In the last two years, federal officials have launched dozens of new probes addressing civil rights issues that previously received little, if any, scrutiny.
The Office for Civil Rights (OCR) in the U.S. Department of Education opened 74 “compliance reviews” in states, school districts and institutions of higher education, since March, 2010, when Secretary of Education, Arne Duncan, promised to reinvigorate the civil rights office. The promise came on the 45th anniversary of “Bloody Sunday,” when Alabama state troopers bludgeoned peaceful civil rights demonstrators.
The issues targeted for investigation are more substantive and complex than in the past. For the first time in its history, OCR is examining graduation rates at a community college. Fourteen of the office’s current reviews are focused on whether students have equal access to college-preparatory curricula, advanced courses, and other advanced-learning opportunities.
Nine reviews are examining the disproportionate use of discipline against minority students. Two reviews are delving into disparities in students’ access to charter schools.
Among OCR’s resolved cases are several in New Jersey. In August 2011, officials in a Mercer county school district agreed to eliminate requirements that parents provide medical documentation or prove discrimination before students with disabilities can be evaluated for services. Also in the same month, OCR found that school officials in a Burlington County district illegally required the family of a child with autism to pay for services.
Education Department staff members based in the OCR’s 12 regional offices take the lead in conducting the reviews through on-site visits to schools. They enforce federal civil rights laws in schools and universities by responding to specific complaints from parents, students and groups. In addition, the office reviews data to identify patterns of discrimination.
In the past year, OCR has conducted 700 “technical-assistance activities,” which include regional conferences for school officials to learn how to proceed when OCR launches a review. The agency has issued guidance documents to clarify how schools and universities can stay in compliance with civil rights laws, an approach that has helped OCR close more cases through voluntary agreements.
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