What to do before filing a complaint with OCR?
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.
How long does it take to file 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.
What is the Boy Scouts of America Equal Access Act?
Under the Boy Scouts of America Equal Access Act, no public elementary school, public secondary 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 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.
What is the prohibition on discrimination on the basis of disability?
Discrimination on the basis of disability is prohibited by Section 504 of the Rehabilitation Act of 1973 and 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); and
Can a recipient retaliate against a person who has made a complaint?
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.
What is the role of OCR in TEA?
OCR and TEA enforce several federal civil rights laws that prohibit discrimination in programs or activities that receive federal funds. In addition, TEA implements a review process for school discrimination complaints (PDF) and informs individuals of the appropriate complaint resolution options.
What is Dear Colleague letter?
May 6, 2011 Dear Colleague Letter - informs school districts and state education agencies about their obligations under federal law to provide equal educational opportunities to students residing within their school district. The letter includes an explanation of the types of information that districts may lawfully collect from students and families ( birth certificates to establish age of a child and telephone bills and lease documents to prove residency within a district), and the types of information that districts are prohibited from using as a basis to deny school enrollment to a child ( a foreign birth certificate or lack of a social security number).
What is a 504 TEA?
Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. A frequently asked questions document about Section 504 is available on the U.S. Department of Education website.
What is the Department of Education's Office of Civil Rights?
U.S. Department of Education – Office of Civil Rights Guidance. The U.S. Department of Education's Office of Civil Rights provides guidance to districts through a series of letters.
What is Equal Educational Opportunity?
Equal Educational Opportunity. Complaints that allege that a public school discriminates on the basis of race, color, national origin, sex, or disability in admission or access to, or treatment or employment in, a school district’s programs or activities are under the jurisdiction and authority of the Office for Civil Rights (OCR). ...
Can you file a complaint against TEA?
If you are a TEA employee or job applicant and you believe you have been discriminated against, you can file a formal complaint with the agency.
Does Texas Education Agency discriminate?
The Texas Education Agency does not discriminate on the basis of race, color, national origin, sex, or disability. For information about TEA's non-discrimination policy, contact: For more information about TEA customer service standards, visit the agency's Compact with Texans page.
Why is it important for teachers to not abuse their power to keep students in the classroom after the bell rings?
However, it is important for teachers not to abuse their power to keep students in the classroom after the bell rings. The bell does not actually dismiss the students from class, the teacher does. A bell is simply a timekeeping tool. The teacher has the duty to keep their students safe.
How to report a teacher for harassment?
An individual can report a teacher for harassment by filing a complaint with their school district. If the school board cannot or does not provide an adequate solution to the issue, an individual may have to file a complaint with a government agency, such as the Department of Education.
Why do schools monitor their students?
Schools have a duty to monitor their students’ environments to ensure they are safe from dangers. Unfortunately, in some cases, the danger comes in the form of a teacher. Abuse of a student occurs when a teacher violates the rights of the student or endangers their well-being or safety. These types of incidents are treated very seriously.
What are the issues with student abuse by a teacher?
As noted above, one of the major issues with student abuse by a teacher is that many young students may not recognize that they are being abused.
What are some examples of abuse by teachers?
Common examples of student abuse by a teacher include: Emotional, physical, or sexual harassment of the child; Excessive or unauthorized use of corporal punishment, or physical force;
Why do teachers hold students after the bell rings?
However, that does not always occur. In some cases, a teacher may hold students after the bell rings for reasons such as: They ran out of time for their lesson;
Why do schools hold students late?
This is because when a student is at school, the teacher is the de facto guardian, which gives the teacher rights almost equal to a parent.
What to do if you are hassled by school?
If you’re consistently hassled, it’s a violation of federal law. For assistance, you can contact school district officials, an attorney, the Office of Civil Rights of the U.S. Department of Education (800-421-3481), or the American Civil Liberties Union (ACLU).
What is the right of parents to inspect their child's education records?
Right to information and participation. Parents have the legal right, via the Family Educational Rights and Privacy Act (FERPA, 1974), to inspect their child’s educational records at the school, to have them explained if necessary, to request updates and corrections, and to have their child’s education records sent to another school in ...
How many standardized tests do kids take?
One study claims students take 112 government-mandated standardized tests between PreK and 12th grade, even though polls indicate the practice is disliked by 67 percent of public school parents. The Every Student Succeeds Act (ESSA) allows parents to refuse testing.
What happens if a girl is prevented from attending school?
Girls also have the right to receive equal athletic opportunities. If your student is gay, they have a right to take a same-sex date to the prom.
How many states require schools to notify parents of bullying?
Eight states (Connecticut, Louisiana, Massachusetts, Nevada, New Jersey, Rhode Island, Virginia, Wisconsin) have laws that require schools to notify parents if their child is being bullied, or is bullying other students, and 16 other states require schools to develop local policies.
Why are civil rights laws in place?
Civil rights laws are in place to protect students from bullying at all federally funded schools. Teachers and fellow students cannot harass your children about their race, national origin, color, sex, disability, ethnicity, or religion.
How to learn your rights as a public school parent?
Start by checking the standards of your state’s Department of Education, from Alabama to Wyoming. After looking to state laws, turn to your school district and child’s school for answers.
What happens when the dust settles?
When the dust settles, your child will still be in that teacher’s class, only now he’s going to be getting a lot of individualised PhD-standard homework which you’ll have to help him with every night until your eyeballs bleed. This is not a positive relationship for the future.
Why is it pointless to complain about your child not getting the lead in the nativity play?
Complaining that she didn’t get the lead in the nativity play, or that he’s not captain of the football team, is pointless because you don’t know how other children are doing. The school has to manage all the children, including the ones who aren’t yours. Shocking, I know, but what can you do? It’s just possible that your offspring might not be the very best footballer or scholar.
What to do if you don't want a positive relationship with your child's school?
If you don’t want a positive relationship with your child’s school, then feel free to go and tell the headteacher exactly what you think of the colour of his new academy chain-sponsored Ferrari, and the fact that he only seems to be employing sixth-formers as teachers. But don’t expect Johnny to win any more “Star of the Week” certificates. You have to be more subtle. Let’s look at some ways and means of making your point effectively to a school.
What is odd in schools?
Schools can be odd institutions, with odd ways of operating, and often employing odd people. The students, being children, are by definition also odd. So odd things might happen. If something happens that seems, well, odd, then try to approach it first by asking someone to explain.
What to do if your child is adamant no instruction was received?
Your child is adamant that no instruction was received. If you think a raw deal has been had, then speak to the teacher , politely. You may get a slightly different version of events than your child’s, or you may get a teacher who apologises for a case of confused record-keeping.
What is the meaning of "Don't lose sight of your objective"?
Don’t lose sight of your objective. You’re trying to get something to change. That requires a little more reason and a little less shouting. Photograph: Getty Images
How long is a time slot for parents?
Many schools have taken to handing parents five-minute time-slots with teachers. Theoretically, each parent/child combo turns up at the right time, gets a prepared talk from the teacher for those five minutes and no longer, and then departs to their next appointment.
What is the third way to resolve a conflict with the school system?
A third means is filing a complaint with the State Education Agency (SEA).
Where to seek advice for a complaint?
Seek advice | Whenever you file a State complaint (or seek mediation or due process), it is a good idea as well to seek advice from the Parent Training and Information Center (PTI) or the Protection and Advocacy Agency (P&A) in your state. Find your state’s PTI on our page “Find Your Parent Center” at: https://www.parentcenterhub.org/find-your-center
What is enclosed in a complaint?
Enclosed are copies of relevant documents and correspondence I have sent to and received from the school district concerning this matter. These documents are (List the documents you have enclosed, giving the date sent, by whom, to whom, and the issue discussed.) Please provide me with copies of any information you obtain in the process of investigating my complaint. If you need further information or clarification on my complaint, I can be reached at (give your phone number).
Does the SEA investigate a complaint?
However, be aware that, if you write a complaint on an issue that is also part of a current due process hearing, the SEA will not investigate this issue. The due process hearing takes precedence over the State complaint process.
How to sue a school district?
File an administrative complaint. Typically, you must file a complaint or claim with the school district before you can sue a school. Most school districts have a specific form that you can download from the school's website.
How to file a lawsuit against a school district?
In most cases, you must work with the school district to resolve any problems before you can file a lawsuit. Check the district's website and look for a phone number or address you can use to file a complaint.
How long does it take to sue a school?
In most cases, if you're going to sue a public school, you must first send the school or school district a notice of intent to sue and give them an appropriate amount of time to respond, typically 30 days. Many school districts have a form you can use for your notice of intent to sue.
What happens if you are not satisfied with the actions taken by the school district?
If you're not satisfied with the actions taken by the district, you may have the ability to sue the school and the school district at that point.
Where to file a lawsuit against a school?
Choose the correct court. You must file a lawsuit in a court that has jurisdiction over the school and the incident that took place. Typically this will be a court in the same city or county where the school is located.
How long does it take to respond to a school lawsuit?
In most cases, if you're going to sue a public school, you must first send the school or school district a notice of intent to sue and give them an appropriate amount of time to respond, typically 30 days.
What can be used as evidence in a school?
Photos or diagrams of the part of the school where the incident took place also can be used as evidence. For example, if your child was the victim of a bully, you might use a map of the school to mark where the encounters with the bully happened. You'll also need documentation of any damages you've suffered.
What happens if accusations are false?
Be careful. If the accusations are false, you could ruin someone's career. If they are true and illegal, they could run if they know the police are looking for them.
What does high school sports offer?
High school sports offer athletes a venue in which to entice college recruiters. The person who spends the most time with these student athletes are their coaches. While the school district has hiring and conduct policies for coaches, it is also the parents' duty to see they are being followed. What do you do if the coach has acted inappropriately?
What to do if your child is sexually assaulted?
If the problem is much more serious or may involve law enforcement officials (such as sexual inappropriateness or assault), go straight to the police and have a private meeting with the athletic director, school district superintendent and school principal. Protect your child.
How to keep a student's handbook?
Know and keep your student's handbook. They should receive one the first day of school, if they don't, ask the office for a copy of your own. Highlight anything in the book that pertains to your student including their conduct, student activities, student sports and other important information. Use common sense.
How to deal with a child who feels favoritism?
If the problem can be resolved by talking with the coach (such as if your child feels there is favoritism), then call a meeting with the coach and school principal or athletic director to discuss the issue.
How to sue a school?
Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School. Each school district has a special process that a plaintiff will be required to adhere to before they can file a lawsuit against the district or a particular school in court. Although these procedures can vary widely from school district ...
Why do people sue schools?
There are many reasons as to why a person would want to sue a school district. To be a valid action, however, the lawsuit must concern certain legal issues, such as discrimination, sexual harassment, and willful or intentional negligence. Some claims may not suffice to bring a lawsuit against a school. An example of when it may be possible ...
What is sexual harassment?
Sexual harassment and misconduct: A claim involving sexual harassment and/or misconduct may involve verbal or physical acts that are sexual in nature. While such causes of action in a school district lawsuit will normally be between a teacher and a student, it is possible for this cause of action to arise in a case involving faculty members (e.g., a teacher suing a vice principal for sexual harassment).
What are some examples of causes of action in school districts?
Some common examples of different types of causes of action that are the basis of many school district lawsuits include: Sexual harassment and misconduct: A claim involving sexual harassment and/or misconduct may involve verbal or physical acts that are sexual in nature. While such causes of action in a school district lawsuit will normally be ...
What is the most important step in a school district lawsuit?
One of the most important steps in suing a school district is determining the cause of action. A “cause of action” is a legal term that refers to the set of facts that establish the grounds to justify bringing a lawsuit. Basically, if a plaintiff can demonstrate that a certain set of facts would allow them to seek redress against another party ...
What happens if a school fails to meet the requirements for special education?
If a particular school or an entire school district fails to satisfy these conditions, then a student will have a right to file a lawsuit under the Individuals with Disabilities Education Act.
What is administrative complaint?
An administrative complaint is a document that gets submitted to a government agency in the state where the school district is located. In most cases, this is usually the state’s department of education.