Section 1983 of the Civil Rights Act of 1871 has been increasingly utilized as a legal avenue by U.S. students with disabilities, particularly concerning remedies not typically awarded under the Individuals with Disabilities Education Act. The purpose of this legal update is to briefly highlight recent case law in which guardians filed action in…

This essay describes Open Admissions in the South during postsecondary desegregation, providing a comparative analysis of policies and debates in Tennessee, Louisiana, and Georgia. Statewide Open Admissions policies emerged in the 1960s as part of superficial efforts to comply with desegregation but were ineffective; consequently, they were…

In July 2021, the US Senate's Health, Education, Labor, and Pensions Committee held confirmation hearings for Catherine E. Lhamon, President Joe Biden's nominee for assistant secretary for civil rights at the US Department of Education (ED). Lhamon served in the same role during the Obama administration from 2013 to 2017. During her hearing,…

More progress is needed to achieve equity in racial and gender representation in the push to diversify the physical sciences. In order to continue moving towards representation and equity, there is a need for more analytic tools that can help us understand where we are and how we got here. This may also enable meaningful systemic change. In this…

As the American Psychological Association and Division 15 committed to addressing systemic racism after the 2020 summer of racial reckoning, orchestrated political attacks that vilify pedagogical approaches aimed at addressing racial injustice have thwarted schools' efforts across the nation. Against this context, the overarching aim of this…

This document records testimony from a hearing before the Subcommittee on Civil Rights and Human Services, part of the Committee on Education and Labor to hear testimony on the Equality Act, H.R. 5, ensuring the right to learn and work free from discrimination. Member statements were presented by: (1) Honorable Suzanne Bonamici, Chairwoman,…

In this article, I consider the limitations of school integration research that overlooks Black research perspectives, White policy interests, and the paradox of race in the New Jim Crow--America's system of racial caste in the post-Civil Rights Era. Applying critical race theory as critical policy analysis, I discuss the importance of theorizing…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

The purpose of this "Equity by Design" brief is to provide educators and parents with information about universal supports, describe how these supports may prevent discrimination, and provide resources to address discrimination or disparate treatment in universal supports.

As the federal entity in charge of enforcing civil rights law, the U.S. Department of Education's Office for Civil Rights (OCR) plays a critical role in addressing the vast inequities that exist in U.S. education. Through an analysis of the policy guidance OCR issued for a number of areas during the Obama administration, we illustrate the agency's…

Learn how to design history lessons that foster students' knowledge, skills, and dispositions for civic engagement. Each section of this practical resource introduces a key element of civic engagement, such as defending the rights of others, advocating for change, taking action when problems are observed, compromising to promote reform, and…

In FY 2016, the Office for Civil Rights (OCR) promoted equity and excellence in education through conducting investigations and monitoring schools under resolution agreements, promoting greater understanding of how OCR interprets and enforces civil rights laws through the release of policy guidance, providing technical assistance and outreach to…

Since the 1930s, federal housing policies and individual practices increased the spatial separation of whites and blacks. Practices such as redlining, restrictive covenants, and discrimination in the rental and sale of housing not only led to residential segregation by race but also continue to shape Whiteness and frame narratives about what…

This article briefly reviews the contributions to this volume and revisits the original focus of the Civil Rights Act (CRA). It considers how much progress has been made in addressing the original concerns regarding ethnic and racial discrimination that the act was intended to address and the intersection of language issues with them. The article…

For decades, the Office for Civil Rights (OCR) has enforced civil rights in our nation's preschool through 12th grade (P-12) and post-secondary schools, which now serve almost 80 million students annually. In Fiscal Year 2015, the OCR promoted excellence in education through conducting investigations and monitoring schools under resolution…