Education | What Does the Department of Education Do

 

What Does the Department of Education Do?

What Does the Department of Education Do? The Education Department (ED) is primarily concerned with education, after the Office of Civil Rights. The Office of Civil Rights (OCR) enforces Title IX, a 1972 civil rights law that prohibits schools receiving federal funding from discrimination based on sex. Title IX originated from a long-standing civil rights battle known as the Brown v. Board of Education case, in which school segregation was ruled unconstitutional, and schools were forced to desegregate. The Education Act of 1965, signed into law by President Lyndon B. Johnson, amended the Civil Rights Act of 1964 to ensure that "sex" was included in the federal anti-discrimination provisions of the law.

Once the Office of Civil Rights was created, it largely remained silent during the 1970s and 1980s, focusing on a handful of areas, including investigating allegations of child abuse in school systems and investigating claims of violation of the Equal Protection Clause of the Fourteenth Amendment by certain public schools. Since 1990, however, the office has been aggressively investigating alleged civil rights violations. According to its FY2010 budget, the OCR received over 35,000 complaints and investigated around 2,000. In the 2008-09 school year, the OCR received over 53,000 complaints and conducted over 17,000 investigations.

The Education Secretary can investigate civil rights violations for a school system or individual. The action is taken by the US Department of Education's "Standards for Responding to Civil Rights Complaints." Schools can also self-report their civil rights violations and request an investigation to determine whether a civil rights violation has occurred.

When Does the Government Investigate a School System?

The Education Secretary does not have the authority to enter a school system without consent. Because it may take years for an investigation to be completed, the Education Department typically requests that schools voluntarily agree with them before it initiates an investigation. Additionally, the Education Department has little authority to force a school to end its discriminatory practices, as schools can continue to discriminate against specific students or groups of students as long as they can justify their actions.

To compel a school to change its practices, the Education Secretary can order a school to halt discriminatory practices, train employees in civil rights issues, and have a third party monitor the school's compliance with the agreed-upon standards. Suppose the school does not meet the agreed-upon standards. In that case, the Education Department can issue a cease and desist order, which has become a popular method of ordering school districts to stop discriminatory practices. For example, in 2011, the Education Department threatened to pull federal funding from the Lake Oswego School District in Oregon for having a "discriminatory and retaliatory atmosphere."

What Can I Do?

To start a complaint with the Education Department, a victim must first file a complaint with the Office of Civil Rights, and then the Education Secretary can investigate that complaint. There are several ways to file a complaint, including

Under Title VI: The federal Civil Rights Act of 1964 prohibits discrimination based on race, color, and national origin in the United States education system. This can also include discrimination based on religion, sex, and disability status.

Title IX: The federal Education Amendments of 1972 prohibits sex discrimination in any education program or activity receiving federal financial assistance. This includes discrimination based on gender, including discrimination based on pregnancy.

(1) The federal Title I law prohibits a local state. Federal programs discriminate based on race, color, national origin, or sex when any part of the program provides at least 60% of total costs for the program and when the local, state and federal programs involved have at least 50% funding of the program.

(2) The federal Title II law prohibits disability, age, or sex discrimination when any part of the program or activity is intended to make special provisions for the disabled. This also includes discrimination based on pregnancy.

(3) The federal Title III law prohibits discrimination based on religion when any part of the program or activity is intended to foster religious participation. It also prohibits discrimination based on gender or religion when any part of the program or activity is intended to provide access to a program or activity exclusively for members of one religion.

How Do I Know if I Have a Title VI Case?

Under Title VI, "a person with a connection to the education of any of the covered persons has an opportunity to make a civil rights complaint with the Department." According to the Education Department, the Department conducts an initial review of Title VI complaints that "are related to schools where the United States citizen alleges a discrimination." This determination is often made at the local, state, and federal levels.

What Does it Take to Get Civil Rights Sanctions?

According to the Department of Education, federal civil rights investigations can take years to complete, and often the resolution of civil rights investigations is not tied to individual school districts. Investigations are rarely tied to any individual school district. Instead, the Department's civil rights investigations are a part of a team-based approach to resolving civil rights complaints. While these investigations can be complex, the Department advises victims to "seek out education professionals at their schools who can provide further guidance and assistance.

 Are there options to settle a Title VI complaint?

Yes. For federal civil rights investigations to be successful, the Department has to find discrimination, and then it has to find a victim. However, because civil rights investigations can take years to complete, many victims cannot get relief immediately. Often the Department has to work with the students to resolve their cases. For example, in the case of Title IX, the Department negotiated with Jane Doe to reach an amicable resolution of her complaint. The settlement established a written commitment by the school district to continue to provide the girl with equal educational opportunities.