U.S. Department of Education’s Office for Civil Rights Issues New Guidance on Reopening Amid COVID-19
In newly-issued guidance, the U.S. Department of Education’s Office for Civil Rights (OCR) provides answers to common questions about schools’ responsibilities under civil rights laws amid the COVID-19 pandemic. Emphasizing that the Department of Education views “[h]elping schools reopen safely and in ways that support equity among students” as a “top priority,” OCR provides its latest guidance in the Q&A
format, complete with links for the online filing of complaints, for ease of use not only by schools but also by families and students.
The complete OCR document, “Questions and Answers on Civil Rights and School Reopening in the COVID-19 Environment” may be found at the following link: Click Here
The new OCR Q&A guidance piece is organized into four sections:
1. Section 504 (discrimination based on disability), including some information on schools’ responsibilities to eligible students who have Individualized Education plans(IEPs) under the Individuals with Disabilities Education Act (IDEA);
2. Title VI (discrimination based on race, color, or national origin, including students who are English learners and students with undocumented status);
3. Title IX (discrimination based on sex); and
4. Retaliation, i.e., that it is unlawful for a school district to retaliate against someone who has brought a civil rights concern to a school’s attention by way of a complaint, testifying, or participating in an OCR investigation.
Other school reopening materials recently posted by the Department of Education include the following:
• Department of Education’s COVID-19 Handbook Volumes I and II:
Volume I Extensively covers protocols for the safe return to
in-person instruction
Volume II
• Dear Colleague Letter regarding State-wide Assessments, Accountability and Waivers (February 22, 2021):
Click Here
• Office of Special Education Programs (OSEP) Letter on Part B Implementation of IDEA Provision of Services in the Current COVID-19 Environment Q&A (September 28, 2020):
Click Here
Attorneys at our firm have years of experience helping school districts with OCR filings should your District have any questions or need guidance or assistance.
Author: John Janssen
