How to Report a School for Discriminatory Discipline

Federal law prohibits public schools (as well as many private schools who accept federal funding) from discriminating on the basis of traits such as race or gender when undertaking disciplinary actions against a student. Although these...

Part 1 of 3:

Filing a Complaint

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Consider filing an institutional grievance. Your local school board or state department of education may have its own process for investigating and dealing with issues of discrimination and discriminatory discipline in public schools.^{[2] X Research source}^{[3] X Research source}
1. Typically you can visit the website of your state department of education or your local school board to find out more about what the process is for filing a grievance.
2. Keep in mind that the state or local grievance procedure may have its own deadlines for filing complaints, as well as evidentiary requirements, that differ from those for filing a federal complaint.
3. If you do opt to file an institutional grievance, the deadline to file a federal complaint is extended. However, if you do decide to file a federal complaint you only have 60 days after the conclusion of the state or institutional grievance process to file it.
4. If you file an institutional grievance, you do not have the option of filing a federal complaint while it is still pending.
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Visit the Department of Education (DOE) website. The DOE website has an online complaint form you can use to report a school for discriminatory discipline, as well as information regarding the types of discrimination they investigate and the eligibility requirements for filing a complaint.^{[4] X Research source}
1. On the website, you can read more about the laws the DOE's Office of Civil Rights (OCR) enforces, as well as the types of discrimination which are examples of discrimination in violation of those laws.
2. However, don't worry about correctly analyzing the activity you believe is discriminatory. The specific legal analysis of the facts is up to OCR staff who investigate your complaint.
3. In addition to a link to a fillable PDF that you can submit online, you also can find instructions if you want to mail or fax a paper complaint.
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Complete the DOE complaint form. The complaint form requires you to provide information about yourself, the name and location of the school about which you're complaining, and the incidents that you believe constitute discriminatory discipline.^{[5] X Research source}
1. You don't need to be the victim of discrimination yourself to file a complaint. Anyone who believes a school is engaging in discriminatory discipline may file a complaint.
2. However, if you're filing the complaint on behalf of someone else, such as your child, you must get consent from your child to file the complaint on their behalf. The DOE has a consent form that must be filled out and signed by the person on whose behalf you're filing your complaint.
3. Make sure you include your full name and contact information in case staff reviewing your complaint need to contact you for additional information. You cannot submit an anonymous complaint.
4. If you have documents that demonstrate discriminatory discipline, such as statements in the school's handbook or a letter or email from a teacher, you can attach these to your complaint.
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Submit your complaint. Once you're satisfied that all the information you've provided is complete and accurate to the best of your knowledge, make a copy of it for your records and then send it to the DOE for review.^{[6] X Research source}
1. Generally, you must file your complaint within 180 days of the date of the incident you allege to be discriminatory discipline.
2. If you want to submit your complaint online, you must send it to the email address provided by the OCR and listed on the website page where the fillable PDF is available for download.
3. You also have the option of mailing your complaint to the OCR enforcement office nearest you. The DOE has a list of OCR enforcement offices throughout the country on its website.
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Provide additional information as requested. DOE staff in the OCR will review your complaint and may contact you if they need additional information to determine whether the incidents you describe merit an investigation.^{[7] X Research source}
1. If you receive a request for more information, you have 20 calendar days to respond and provide the requested information or your complaint will be dismissed.
2. Staff may request additional information if there is not enough in your complaint to determine whether OCR has the legal authority to investigate the complaint.

Part 2 of 3:

Cooperating with the Investigation

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Receive a letter of notification. If the OCR decides to investigate your complaint, both you and the school will receive a letter stating that the complaint has been opened for investigation. The OCR will proceed as a neutral fact-finder, collecting and analyzing evidence.^{[8] X Research source}
1. Keep in mind that opening an investigation does not imply that OCR believes discriminatory discipline is taking place at the school.
2. The letter will explain the investigation process and what you can expect at each stage. It also will provide information about the OCR's role in investigating the complaint and what the outcome may be if the OCR determines violations of federal anti-discrimination laws have occurred.
3. The school will receive a copy of your complaint and have the opportunity to respond to it, as well as produce any documents in its defense.
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Submit any documentary evidence. If you have any documents related to your complaint or that support your claim that the school is engaging in discriminatory discipline, the OCR investigators will review them.^{[9] X Research source}
1. You may have already attached documents to your complaint. However, other documents may have come to light since you filed your complaint, or you may have had further correspondence with teachers or school administrators.
2. If you filed a state or institutional grievance, the OCR may request copies of the documents related to that grievance, including any forms you filled out.
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Talk to investigators. OCR staff typically investigate the person who filed the complaint, as well as anyone else you name as a witness who may have evidence or information about the allegations in your complaint.^{[10] X Research source}
1. Answer the investigators' questions as honestly and completely as you can. If you don't know the answer to something, feel free to say so – don't just make something up.
2. Likewise, if an investigator asks you a question that you don't understand, feel free to ask the investigator to clarify.
3. Keep in mind that OCR investigators are acting as neutral fact-finders, trying to get to the bottom of the situation. They are not on your side, nor are they on the school's side. Rather, they are looking for objective evidence as to whether discrimination has taken place.
4. Even if the disciplinary rules themselves are not discriminatory on their face, the OCR still may find the school is not in compliance with federal anti-discrimination laws if the rules are applied in a discriminatory manner, or if the application of the rule has a discriminatory impact.
5. As part of the investigation, OCR staff also may visit the school and observe teachers and school administrators as they carry out their duties.
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Review the findings of the investigation. When the investigation is complete, the OCR will make a determination of whether the evidence it found was sufficient to constitute a violation of federal anti-discrimination law.^{[11] X Research source}
1. Both you and the school will send you a letter of findings that explains the OCR's determination. The letter breaks down your complaint into allegations that each cover a single fact.
2. For each listed allegation, the letter will state whether the investigation has uncovered insufficient evidence to show a failure to comply with federal law, or that a preponderance of the evidence shows a failure to comply with federal law.
3. Keep in mind that the letter of finding you receive is only available to the parties in the investigation, and is not a general policy statement. It only applies to the facts alleged in your complaint.
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Negotiate a voluntary resolution agreement. When the OCR determines that the school violated federal anti-discrimination laws, it will request that you and the school participate in voluntary negotiations to resolve your complaint.^{[12] X Research source}
1. Through voluntary resolution, you meet with the school and OCR officials in an attempt to negotiate a settlement to the complaint. Resolutions may include changes in school policies and procedures.
2. If the school refuses to participate in negotiations, the OCR may begin administrative enforcement proceedings to suspend or terminate the federal funds the school receives.
3. The OCR also may refer the case to the Department of Justice, which will determine whether a lawsuit against the school is appropriate.
4. If the school does agree to negotiate a voluntary resolution agreement, you will meet with school officials and OCR staff to resolve your complaint.
5. Once an agreement is reached, it is legally binding – however, the OCR does not monitor or enforce the school's compliance with the agreement. Rather, if the school fails to follow the agreement it reached, you must file another complaint with the DOE.

Part 3 of 3:

Taking Other Action

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Speak out publicly. Regardless of the outcome of your complaint, you may be able to force a change in the school's policies or administration by raising awareness of the school's discriminatory discipline in your community and among parents.^{[13] X Research source}
1. You can always start by talking to friends about the discriminatory discipline you've witnessed. If you're a parent, speak to other parents with children similar to yours to find out if they've noticed the same things.
2. You also might consider bringing up the issue of discriminatory discipline at the meeting of a parent-teacher association or organization meeting.
3. Talk to teachers as well and find out if any of them have noticed the same things you have and would be willing to speak out against discrimination in the application of discipline.
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File reports with nonprofit organizations. There are many nonprofit organizations that take action against discriminatory behavior and violations of civil rights in the educational setting. Find a local or regional office where you can report the discrimination taking place at the school.^{[14] X Research source}
1. Organizations such as the American Civil Liberties Union have chapters in each state and are dedicated to fighting discrimination and advocating for equal opportunity to education.
2. While you can take action on your own, nonprofit organizations already have substantial networks and resources that they can use to fight for you and help you change discriminatory procedures in your school.
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Write letters to state and local elected officials. Bringing discriminatory discipline to the attention of state and local lawmakers can motivate them to pass new laws or regulations to address the issue.^{[15] X Trustworthy Source Kansas University Center for Community Health and Development Community-based research center focused on supporting public health development and education Go to source}
1. You typically can find contact information for your elected representatives, including school board members, by visiting your state or county government's website.
2. Try to keep your letter brief, and focus on the facts of the situation and any efforts you've made so far to remedy the discrimination you've observed.
3. End your letter with a call to action. If there is currently a law or rule pending, you might mention that. If not, focus on the need for strong rules to combat discrimination in the application of disciplinary penalties against students and protect all students' equal opportunity to an education.

Micah Soto

Update 24 March 2020

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