U.S. Department of Education, Office of Civil Right "Dear Colleague"

The U.S. Department of Education, Office of Civil Right just came out with new guidelines for charter school; warning them not to discriminate.

I am writing to remind you that the Federal civil rights laws, regulations, and guidance that apply to charter schools are the same as those that apply to other public schools. For this reason, it is essential that charter school officials and staff be knowledgeable about Federal civil rights laws.
These laws extend to all operations of a charter school, including recruiting, admissions, academics, educational services and testing, school climate (including prevention of harassment), disciplinary measures (including suspensions and expulsions), athletics and other nonacademic and extracurricular services and activities, and accessible buildings and technology.
[…]
These Federal civil rights laws and the specific legal obligations discussed in this letter apply to all public charter schools in the United States, regardless of whether they receive Federal funds under the Department's Charter Schools Program. In addition, charter schools that receive funds–either directly or through a State educational agency (SEA)–under a Department grant program, such as the Charter Schools Program, are subject to the additional requirements of each grant program.

So what does this mean to us?

It means that charter schools that all public charter schools or private charter schools that receive government funding must obey all non-discrimination laws. If a private charter schools that is run by a religious organization “receives funds–either directly or through a State educational agency (SEA)–under a Department grant program” they must also obey all non-discrimination laws including sex discrimination laws. In addition, the OCR has ruled that gender identity and expression is covered under sex discrimination.

The U.S. Department of Education, Office of Civil Right also just released a “Questions and Answers on Title IX and Sexual Violence” that said in part…

“Does Title IX protect all students from sexual violence?

Answer: Yes. Title IX protects all students at recipient institutions from sex discrimination, including sexual violence. Any student can experience sexual violence: from elementary to professional school students; male and female students; straight, gay, lesbian, bisexual and transgender students; part-time and full-time students; students with and without disabilities; and students of different races and national origins.”

This reiterates earlier “Dear Colleague” letters where they said the “sex” in Title IX also applies to gender identity and expression.

The Q&A goes on to say this about First Amendment rights,

How should a school handle its obligation to respond to sexual harassment and sexual violence while still respecting free-speech rights guaranteed by the Constitution?

Answer: The DCL on sexual violence did not expressly address First Amendment issues because it focuses on unlawful physical sexual violence, which is not speech or expression protected by the First Amendment. However, OCR’s previous guidance on the First Amendment, including the 2001 Guidance, OCR’s July 28, 2003, Dear Colleague Letter on the First Amendment, and OCR’s October 26, 2010, Dear Colleague Letter on harassment and bullying, remain fully in effect. OCR has made it clear that the laws and regulations it enforces protect students from prohibited discrimination and do not restrict the exercise of any expressive activities or speech protected under the U.S. Constitution. Therefore, when a school works to prevent and redress discrimination, it must respect the free-speech rights of students, faculty, and other speakers.

Title IX protects students from sex discrimination; it does not regulate the content of speech. OCR recognizes that the offensiveness of a particular expression as perceived by some students, standing alone, is not a legally sufficient basis to establish a hostile environment under Title IX. Title IX also does not require, prohibit, or abridge the use of particular textbooks or curricular materials.

Okay, that is as clear as mud. It is a lot of legalize to dance around to say words alone does not create a “hostile environment” under the law. In other words they can call you the “T” word and tell you that you are going to burn in hell to their hearts desire but if they make threatening statements then that crosses the line of free-speech.