Lexis Nexis LexisNexis Civil Rights & Strategy Series: Education Law
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Product description
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An ever-growing number of complaints — approaching 20,000 annually — is filed with the Department of Education’s Office for Civil Rights (OCR). Education Law, part of the LexisNexis Civil Rights & Strategy Series, is a practical resource for attorneys, school officials, and others, who are filing, responding to, or evaluating these complaints. This concise yet comprehensive resource details the education and civil rights statutes OCR enforces, administrative and judicial methods of enforcement, and the availability and requirements for private actions. Checklists and forms, including those needed for private litigation alleging harassment and equal opportunity violations, are provided as part of this publication.
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Table of contents
CHAPTER 1 Office for Civil Rights
§ 1.01 Office for Civil Rights
§ 1.02 Enforcement and Compliance Responsibilities
§ 1.03 Information Gathering and Reporting Activities
§ 1.04 Regulatory and Guidance Activities
§ 1.05 Coordination with Other Agencies
§ 1.06 Challenges to Regulatory Authority
§ 1.07 Relationship with State Agencies Enforcement Actions
§ 1.08 Relationship with Private Enforcement Actions
CHAPTER 2 Education Civil Rights Statutes Enforced
§ 2.01 Civil Rights Scope and Coverage
§ 2.02 Basis for Application
§ 2.03 Interplay of Administrative and Private Enforcement of Civil Rights Statutes
§ 2.04 Availability of Remedies Under 42 U.S.C. § 1983
§ 2.05 State Law Supplementary Causes of Action
CHAPTER 3 Office for Civil Rights Investigation and Enforcement Authority
§ 3.01 General OCR Authority
§ 3.02 How Claims Present Themselves
§ 3.03 Elements of Claims
§ 3.04 Checklist to Determine Whether a Matter is Within OCR Authority
§ 3.05 Scope of Categories of Civil Rights Protected
§ 3.06 Application of Civil Rights Laws
CHAPTER 4 OCR Evaluation, Investigation, and Resolution of Civil Rights Claims
§ 4.01 Generally
§ 4.02 Privacy Considerations
§ 4.03 OCR Complaint Procedure and Timeline Chart
§ 4.04 Submission of Complaint
§ 4.05 OCR Initiated Compliance Reviews and Investigations; Agency Referrals
§ 4.06 Pre-Investigation Complaint Processing
§ 4.07 Initial Complaint Evaluation
§ 4.08 Complaint Resolution
§ 4.09 Resolution Letters and Agreements
§ 4.10 Complaint Investigation and Response
§ 4.11 Investigative Determination
§ 4.12 Letter of Impending Enforcement Action
§ 4.13 Initiation of Compliance and Enforcement Actions
CHAPTER 5 Federal Financial Assistance Enforcement, Suspension and Termination Hearings
§ 5.01 Generally
§ 5.02 Process to Suspend, Terminate, or Refuse Federal Financial Assistance
§ 5.03 Office of Hearings & Appeals
§ 5.04 Enforcement Hearings Practice and Procedures
§ 5.05 Hearing Request and Answer
§ 5.06 Conduct of Hearing
§ 5.07 Review of Decision by Civil Rights Reviewing Authority
§ 5.08 Review by Secretary of Education
§ 5.09 Equal Access to Justice Act Fee and Expense Awards
§ 5.10 Judicial Review
CHAPTER 6 Judicial Enforcement of Civil Rights Laws: Practice Considerations
§ 6.01 Department of Justice’s Enforcement Function
§ 6.02 Voluntary Compliance Not Achieved
§ 6.03 Department of Justice Enforcement Structure
§ 6.04 Manner of Involvement
§ 6.05 Intervention
§ 6.06 Statements of Interest; Amicus Curiae
CHAPTER 7 Judicial Enforcement of Civil Rights Laws: Forms and Checklists
§ 7.01 Generally
§ 7.02 Pre-Complaint Drafting Checklist
§ 7.03 Complaint Preparation
§ 7.04 Filing and Serving Complaint
§ 7.05 Answer and Affirmative Defenses to Complaint
§ 7.06 Intervention
§ 7.07 Statements of Interest
CHAPTER 8 Private Enforcement of Civil Rights Laws: Practice Considerations
§ 8.01 Availability of Private Right of Action
§ 8.02 Client Goals, Relief Sought, and Representation
§ 8.03 Practice Considerations
§ 8.04 Elements of Claims
CHAPTER 9 Private Enforcement of Civil Rights Laws: Forms
§ 9.01 Generally
§ 9.02 Case Planning and Preparation Checklist
§ 9.03 Forms Relating to Harassment Claims
§ 9.04 Forms Relating to Denial of Equal Opportunities
§ 9.05 Discovery
§ 9.06 Jury Instructions
§ 9.07 Verdict Forms
CHAPTER 10 Concluding the Civil Rights Case
§ 10.01 Generally
§ 10.02 Summary Judgment
§ 10.03 Settlement
§ 10.04 Consent Judgment
§ 10.05 Attorney’s Fees
