By Kara Arundel
In explaining why schools cannot phase-in in-person learning options based on a student’s “race, color or national origin,” OCR said such preferences would violate Title VI of the Civil Rights Act of 1964. However, schools may be required under Section 504 of the Rehabilitation Act of 1973 to provide in-person services to certain students with disabilities so those students can receive a “free appropriate public education.”
The nine-page Q&A document also emphasized that schools must still accept harassment complaints and investigate the allegations under the new Title IX rule, which went into effect Aug. 14 even if schools are only offering distance learning. Schools are not allowed to have blanket policies that prohibit new complaints from being submitted and accepted or to pause investigations and proceedings.