Louisiana
State Protections and Legal Framework
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State constitutional guarantees regarding right to education
The legislature shall provide for the education of the people of the state and shall establish and maintain a public educational system. La. Const. Art. VIII § 1
State constitutional protections regarding non-discrimination and equity
No person shall be denied the equal protection of the laws. No law shall discriminate against a person because of race or religious ideas, beliefs, or affiliations. No law shall arbitrarily, capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical condition, or political ideas or affiliations. Slavery and involuntary servitude are prohibited, except in the latter case as punishment for crime. La. Const. Art. I § 3
Other relevant state constitutional civil rights protections
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State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA)
It is and shall be the duty of state and local educational agencies of the state of Louisiana to provide a free appropriate public education in the least restrictive environment to every student with an exceptionality (i.e., disability), ages three through twenty-one, who is a resident therein. La. Rev. Stat. § 17:1941
“Student with an exceptionality”, including a student with a disability, means any student who is evaluated according to state and federal regulation or policy and is deemed to have a mental disability, hearing loss (including deafness), multiple disabilities, deaf-blindness, speech or language impairment, visual impairment (including blindness), emotional disturbance, orthopedic impairment, other health impairment, specific learning disability, traumatic brain injury, autism, or is deemed to be gifted or talented, and as a result requires special education and related services. A student with an exceptionality may include, as determined by the local education agency, a student experiencing developmental delay ages three through eight. La. Rev. Stat. § 17:1942(B)(4)
§ La. Rev. Stat. § 46:2254
No otherwise qualified person shall, on the basis of a disability, be subjected to discrimination by any educational facility…
In accordance with Subsection A of this Section an educational institution shall not:
Discriminate in any manner in the full utilization of the institution, or the services provided and rendered thereby to an otherwise qualified individual because of a disability that is unrelated to the individual's ability to utilize and benefit from the institution or its services, or because of the use of adaptive devices or aids.
Exclude, expel, limit, or otherwise discriminate against an otherwise qualified individual seeking admission as a student or an individual enrolled as a student at the institution on the basis of a disability that is unrelated to the individual's academic ability or ability to utilize and benefit from the institution, or because of the use of adaptive devices or aids.
Make or use a written or oral inquiry or form of application for admission that elicits or attempts to elicit information, or make or keep a record, concerning the disability of an otherwise qualified applicant for admission for discriminatory purposes contrary to the provisions or purposes of this Chapter.
Print, publish, or cause to be printed or published a catalog or other notice or advertisement indicating a preference, limitation, specification, or discrimination based on the disability of an otherwise qualified applicant that is unrelated to the applicant's academic ability or ability to utilize and benefit from the institution or its services, or the use of adaptive devices or aids by an otherwise qualified applicant for admission.
Announce or follow a policy of denial or limitation of educational opportunities to a group or its members because of a disability that is unrelated to the group or members' academic ability or ability to utilize and benefit from the institution or its services, or because of the use of adaptive devices or aids.
Nothing in this Subsection shall be construed so as to limit, alter or modify in any way, the responsibilities of the State and local educational agencies to provide a free, appropriate public education to exceptional children under R.S. 17:1941 et seq.
Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)
Local education agencies (“LEAs”) must establish a written policy to provide for the placement in school and for the education of any child who is English learner. La. Admin. Code Title 28 § CXV-351(A). In addition to offering equal access to the core curriculum, LEAs must provide English learners with equal opportunities to participate meaningfully in all programs and activities, whether curricular, co-curricular, or extracurricular. La. Admin. Code Title 28 § CXV-351(G)
State law protections regarding color of law or pattern/practice liability for law enforcement in schools
None.Anti-discrimination protections under state human rights statutes
Private right of action provisions under state civil rights and human rights statutes
It is the purpose and intent of the legislature by this enactment to provide for execution within Louisiana of the policies embodied in the Federal Civil Rights Act of 1964, 1968, and 1972 and the Age Discrimination in Employment Act of 1967, as amended; and to assure that Louisiana has appropriate legislation prohibiting discrimination in public accommodations sufficient to justify the deferral of cases by the federal Equal Employment Opportunity Commission, the secretary of the Louisiana Workforce Commission, and the Department of Justice under those statutes; to safeguard all individuals within the state from discrimination because of race, creed, color, religion, sex, age, disability, or national origin in connection with employment and in connection with public accommodations; to protect their interest in personal dignity and freedom from humiliation; to make available to the state their full productive capacities in employment; to secure the state against domestic strife and unrest which would menace its democratic institutions; to preserve the public safety, health, and general welfare; and to further the interest, rights, and privileges within the state. La. Rev. Stat. § 51:2231(A)
Except as otherwise provided in this Chapter, it is a discriminatory practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement, as defined in this Chapter, on the grounds of race, creed, color, religion, sex, age, disability, as defined in R.S. 51:2232, or national origin. La. Rev. Stat. § 51:2247
“Place of public accommodation, resort, or amusement” means any place, store, or other establishment, either licensed or unlicensed, which supplies goods or services to the general public or which solicits or accepts the patronage or trade of the general public, or which is supported directly or indirectly by government funds. However, a bona fide private club is not a place of public accommodation, resort, or amusement if its policies are determined solely by its members and its facilities or services are available only to its members and their bona fide guests. La. Rev. Stat. § 51:2232
Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?
No.
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Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law?
La. Rev. Stat. § 17:1941 does not expressly provide a right of action, either for a student or parent/guardian. It only provides that the statute shall be administered by the state Department of Education, with the approval of the State Board of Elementary and Secondary Education, and local education agencies. La. Rev. Stat. § 17:1943(A)(1). La. Rev. Stat. § 17:1946(A) also requires the state Department of Education and local education agencies establish regulations and procedures in accordance with the Individuals with Disabilities Education Improvement Act of 2004 (“IDEA”) to ensure due process with respect to the provision of free appropriate public education.
However, under La. Rev. Stat. § 46:2256, when any person with a disability believes that any person has engaged in discriminatory practices, he may file a complaint in the appropriate civil district court. The statute does not distinguish between students and parents/guardians here, so suit would need to be brought in the name of a student with a disability who suffers discrimination.
Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?No.
Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?One year from the date of the discriminatory act. La. Rev. Stat. § 2256
Are there areas where the state laws provide more protections than federal law? What are those areas?No.
How do I file a complaint about discrimination in a K-12 public school in Louisiana?
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Who is eligible to file (students, parents, advocates, others)?
Parents.
PRACTICE NOTE: In right to work states like Louisiana, local leaders note that educators & leaders question whether or not they can file suit on behalf of students against the district.
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
The LDOE strongly encourages parents, their advocates and attorneys, or other concerned individuals to first contact their school district’s or charter school’s special education director or supervisor before utilizing any of the state-level exceptionality dispute resolution option by contacting the LDOE Special Education Ombudsman at disputeresolution.doe@la.gov.
Parents are also encouraged to file written informal complaints directly to their school district or charter school ERP Representative. If a parent cannot determine who that person is, a parent may sent an Informal Complaint to the LDOE by email at disputeresolution.doe@la.gov.
Either the parents or a school district/charter school can submit an IEP Facilitation Request by sending an IEP Facilitation Request Form to disputeresolution.doe@la.gov.
Parents or school districts/charter schools may also file a Mediation Request at any time, including before, at the same time as, or after filing a Due Process Hearing or Formal Complaint Request, by sending a Mediation Request Form to disputeresolution.doe@la.gov.
These alternative dispute methods do not need to be exhausted before a parent may initiate a formal complaint. Relevant forms may be accessed here.
How to initiate the process (relevant websites, standard forms, submission locations)
Dispute Resolution for Students with Exceptionalities
Formal Complaints must be in writing, signed, and sent to the LDOE. LDOE regulations also require that a Formal Complaint must include a statement that a public agency has violated a requirement; the facts on which the statement is based; and a description of the nature of the problem of the student(s), including factual allegations related to the problem or dispute. Although requesters are not required to use the LDOE Formal Complaint Investigation Request Form, the LDOE strongly encourages requesters to use the form or at least refer to it while drafting a Formal Complaint. The Formal Complaint investigation is strictly limited to allegations involving exceptionality-related violations that occurred within one year before the date that the LDOE received the Formal Complaint. Before the complaint investigation begins, the LDOE will also forward a copy of the Formal Complaint Request to the school district/charter school to provide the parties an opportunity for direct, local-level resolution using the ERP.
A Formal Complaint Investigation Request may be sent to LDOE by email: DisputeResolution.DOE@la.gov; by mail to Louisiana Department of Education, Attention: Legal Division, P.O. Box 94064, Baton Rouge, Louisiana 70804-9064, or by fax to (225) 342-1197.
Can complaints be filed anonymously or confidentially?
Not explicitly allowed.
Are there language access requirements for complaint processes?
The Formal Complaint Request Form is available in English, Arabic, Chinese, French, Portuguese, Spanish, Urdu, and Vietnamese.
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
Parents and school districts should also prepare and submit an Exhibit List that itemizes all relevant investigation documents/exhibits they would like the LDOE Complaint Investigator to consider. Depending upon the nature of the complaint, the LDOE Complaint Investigator has the authority to independently decide to whether interviews are necessary or to conduct an on-site visit.
During a Due Process Hearing (see below), both parties are responsible for the costs of their participation in the hearing (e.g., subpoena costs, and witness charges, attorney's fees, copying documents, etc.).
Can complainants have advocates or legal representation?
Not explicitly addressed.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
Yes during a Due Process Hearing (see below).
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What are the required elements of the civil rights claim?
See above.
Who reviews claims and what timeframes apply?
Unless the parties request an extension to attempt to resolve the dispute using ERP or an alternative resolution option, the LDOE Complaint Investigator has 45 days after the end of the initial 15-day ERP period or, if ERP is waived, 60 days after LDOE receives the Formal Complaint Investigation Request to issue written findings-decision to all parties on each of the exceptionality-related allegations in the Formal Complaint.
During the investigative period, the LDOE Complaint Investigator will review all relevant information, make a written factual finding and legal determination whether public education agency violated a requirement of applicable Federal law, State statues, or LDOE regulations, and send it to the parties.
What type of investigation may occur?
See above.
Who participates in investigations?
See above.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
The parents of a child with an exceptionality, an attorney representing the parents or child, or a school district/charter school may file a Due Process Hearing Request, which is the LDOE’s most adversarial exceptionality dispute resolution option.
Requesters must file a Due Process Hearing Request within one year of the date that the alleged action(s) included in the hearing request were known or should have been known. This one-year limit may not apply if the school district/charter school misrepresented to the parents that it had resolved the problem or if the school district/charter school withheld pertinent information from the parents that it was required to provide under the IDEA, our Children with Exceptionalities laws, or LDOE’s implementation regulations.
The parties cannot raise issues at the hearing that were not included in the written hearing request, unless the other parties agree to allow an amendment to include those additional issues. Parties should notify the assigned ALJ of their intent to amend a Due Process Hearing Request.
Both parties have the right to:
be represented by an attorney licensed or officially authorized to practice law in Louisiana;
be accompanied and advised by individuals with special education training and knowledge or the unique problems of students with disabilities;
confront, cross-examine, and compel witnesses to attend the hearing;
present, exclude, and prohibit the introduction of any evidence at the hearing that was not disclosed at least five business days before the hearing or as ordered by the assigned ALJ;
sequester or separate the witnesses so that they do not hear other witnesses’ testimony before testifying; and,
an interpreter or other reasonable accommodations, if necessary.
The parents also have the right to:
decide whether the child who is the subject of the hearing will attend and participate in the hearing; and
obtain, at no cost to the parent, a written or an electronic verbatim transcript of the hearing, as well as a written or electronic copy of the ALJ’s written decision that includes factual findings, conclusions of law, and orders.
All Due Process Hearing Requests must: 1) be in writing; 2) include the requester’s name, address, and telephone number; 3) provide the child’s name and address (if different); 4) state the school district or charter school the child attends or is a resident of; 5) include a statement describing the reason(s) for the hearing request that explains the problem(s) and provides the facts; and, 6) propose a resolution. Although requesters are not required to use the Due Process Hearing Request Form, the LDOE strongly encourages requesters to use the form or at least refer to it while drafting a Due Process Hearing Request.
The LDOE may not officially accept and process a Due Process Hearing Request unless it contains all of the information listed above. The requester must also send a copy of the Due Process Hearing Request to the responding school district/charter school. After the LDOE receives a completed Due Process Hearing Request, the Legal Division will acknowledge receipt and forward the request to the Division of Administrative Law (DAL), an independent state agency that conducts Due Process Hearings for the LDOE. The DAL will assign an ALJ to the request and provide the assigned ALJ a copy of the hearing request. Otherwise, the Due Process Hearing Request remains confidential. The DAL’s ALJ will coordinate and schedule a prehearing conference with the parties to discuss the hearing process, review the issues, and establish a schedule for activities related to the hearing.
Due Process Hearing Requests may be sent to LDOE by email:
DisputeResolution.DOE@la.gov; by mail to Louisiana Department of Education, Attention: Legal Division, P.O. Box 94064, Baton Rouge, Louisiana 70804-9064; or by fax to (225) 342-1197.
What privacy/confidentiality protections exist?
After the LDOE receives a completed Due Process Hearing Request, the Legal Division will acknowledge receipt and forward the request to the Division of Administrative Law (DAL), an independent state agency that conducts Due Process Hearings for the LDOE. The DAL will assign an ALJ to the request and provide the assigned ALJ a copy of the hearing request. Otherwise, the Due Process Hearing Request remains confidential. The DAL’s ALJ will coordinate and schedule a prehearing conference with the parties to discuss the hearing process, review the issues, and establish a schedule for activities related to the hearing.
Are school districts required to publicly post civil rights complaint procedures?
Not explicitly required of school districts, but the LDOE makes copies of written, final Due Process Hearing decisions available to the public on its website.
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What is the appeals process, if any?
Not explicitly addressed.
Are remedies legally enforceable once a violation is found?
As part of the written findings and decision, the ALJ may order the school district/charter school to comply with the IDEA or LDOE procedural requirements, issue corrective actions, award compensatory education and other forms of just, equitable relief permitted by law or jurisprudence.
The ALJ must conduct the hearing and mail the parents and the school district a written decision within 45-calendar days after the end of the resolution period. If the ALJ grants a continuance request or a specific extension of time from the parents or the school district, the ALJ may also extended 45-day timeline.
The ALJ's decision is final. The parents or the school district/charter school must implement any orders in the decision unless a party files a civil action in a State or Federal court of competent jurisdiction within 90 days after receiving the ALJ’s decision. As required by the IDEA, the LDOE makes copies of written, final Due Process Hearing decisions available to the public on its website.
Are there other administrative processes that must be exhausted before taking legal action?
Not explicitly required.
Do state agencies publish complaint outcome data?
Yes, under “Dispute Resolution Decisions” on this page.
What enforcement mechanisms exist for non-compliance?
Not explicitly addressed.
State Attorney General Enforcement Actions
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Has the AG taken civil rights actions involving education in the past 5 years?
In 2025, the 5th Circuit held that a statute requiring every public school classroom in Louisiana to display the Ten Commandments is unconstitutional. Roake v. Brumley, 141 F.4th 614 (5th Cir. 2025)
In 2024, the Supreme Court blocked the Biden administration’s request to temporarily enforce expanded protections for transgender students under a rule implementing Title IX of the Education Amendments of 1972. Department of Education v. Louisiana, 144 S. Ct. 2507 (2024)
What enforcement powers does the AG possess in education-related cases?
The AG does not specifically hold enforcement powers in education-related cases, besides its general power to initiate a civil proceeding on behalf of the state. La. Const. Art. IV § 8
Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations? (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)
The AG does not accept or investigate individual education civil rights complaints.
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Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)
No.
Other State Enforcement Systems
Louisiana Commission on Human Rights
The Louisiana Commission on Human Rights enforces laws pertaining to discrimination in Louisiana, including discrimination in public accommodations.
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Who is eligible to file (students, parents, advocates, others)?
Not addressed.
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
No.
How to initiate the process (relevant websites, standard forms, submission locations)
File a public accommodation complaint here.
Can complaints be filed anonymously or confidentially?
Not addressed, but intake form asks for personal information, so likely no.
Are there language access requirements for complaint processes?
No.
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
In addition to the statements regarding the complainant’s belief of mistreatment, the Louisiana Commission on Human Rights (LCHR) will need information from other people and valid documents to investigate their complaint. The Public Accommodation Discrimination Intake Form (PADIF) includes questions about the people and documents that might help prove that any mistreatment the complainant experienced violated La. Rev. Stat. § 51:2247. To be most useful to the complaint, the people the complainant identifies generally should have direct knowledge of how the complainant was treated and/or information about how their treatment compared to that of other people.
Can complainants have advocates or legal representation?
Yes, because #10 on the PADIF asks whether the complainant has sought help from an attorney.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
Not addressed.
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What are the required elements of the civil rights claim?
There are not required elements of a civil rights claim. Applicable questions should be answered on this form.
An individual claiming to be aggrieved by an unlawful practice, a member of the commission, or the attorney general may file with the commission a written sworn complaint stating that an unlawful practice has been committed, setting forth the facts upon which the complaint is based, and setting forth facts sufficient to enable the commission to identify the persons charged (hereinafter referred to as the “respondent”). La. Rev. Stat. § 51:2257(A)
Who reviews claims and what timeframes apply?
According to the PADIF, the LCHR reviews the complaints of discrimination that occurred within one year. Interestingly, this timeframe is longer than the statutory timeframe described below.
The commission staff or a person designated pursuant to its rules shall promptly investigate the allegations of unlawful practice set forth in the complaint and shall within five days furnish the respondent with a copy of the complaint. The complaint shall be filed within one hundred eighty days after the alleged unlawful practice occurs. La. Rev. Stat. § 51:2257(A)
What type of investigation may occur?
The LCHR will investigate a public accommodation-related problem following submission of the intake form.
The commission or an individual designated pursuant to its rules shall determine, within thirty days after the complaint has been filed, whether there is probable cause to believe the respondent has engaged in an unlawful practice. If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the commission shall issue an order dismissing the complaint and shall furnish a copy of the order to the complainant, the respondent, the attorney general, and such other public officers and persons as the commission deems proper. La. Rev. Stat. § 51:2257(B)
If the staff determines, after investigation, or if the commission determines that there is probable cause to believe that the respondent has engaged in an unlawful practice, the commission staff shall endeavor to eliminate the alleged unlawful practice by conference, conciliation, and persuasion. The terms of a conciliation agreement reached with a respondent may require him to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the commission or its staff and the respondent. If a conciliation agreement is entered into, the commission shall issue and serve on the complainant an order stating its terms. A copy of the order shall be delivered to the respondent, the attorney general, and such other public officers and persons as the commission deems proper. La. Rev. Stat. § 51:2257(D)
Who participates in investigations?
Not specified, beyond the LCHR.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
Not addressed.
What privacy/confidentiality protections exist?
Except for the terms of the conciliation agreement, neither the commission nor any officer or employee thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in a particular case to eliminate an unlawful practice by conference, conciliation, or persuasion whether or not there is a determination of probable cause or a conciliation agreement. La. Rev. Stat. § 51:2257(D)
Are school districts required to publicly post civil rights complaint procedures?
Not addressed, so likely no.
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What is the appeals process, if any?
Not addressed.
Are remedies legally enforceable once a violation is found?
Not explicitly addressed by the Public Accommodation Discrimination Intake Form, but relevant statutory provisions are below.
It is an unlawful practice for a party to a conciliation agreement made pursuant to § 51:2257(D) to violate the terms of the agreement. La. Rev. Stat. § 51:2258
The complainant may request termination of commission proceedings and the issuance of a notice of the right to file a civil action in district court against the respondent named in the charge, provided the commission has not entered into a conciliation agreement to which the complainant is a party. La. Rev. Stat. § 51:2257(D)
Any person deeming himself injured by any alleged violation of the provisions of this Chapter shall have a civil cause of action in district court to enjoin further violations and to recover the actual damages sustained by him, together with the costs of court and a reasonable fee for his attorney of record, all of which shall be in addition to any other remedies contained in this Chapter. La. Rev. Stat. § 51:2264
Are there other administrative processes that must be exhausted before taking legal action?
Not addressed.
Do state agencies publish complaint outcome data?
Not addressed.
What enforcement mechanisms exist for non-compliance?
At the expiration of one year from the date of a conciliation agreement, and at other times in its reasonable discretion, the commission staff may investigate whether the terms of the agreement have been and are being complied with by the respondent. Upon a finding that the terms of the agreement are not being complied with by the respondent, the commission shall take such action as it deems appropriate to assure compliance. La. Rev. Stat. § 51:2257(E)
MD Attorney General- Civil Rights Division
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Who is eligible to file (students, parents, advocates, others)?
Anyone can report a complaint, but the Division will only take on cases where the discriminatory practices “that affect or impact beyond an individual claimant.” ( https://www.marylandattorneygeneral.gov/Pages/CivilRights/default.aspx (Last Accessed July 17, 2025).)
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
No.
How to initiate the process (relevant websites, standard forms, submission locations)
A claimant may fill out the form linked on the Civil Rights Division page of the Attorney General’s website, which can be accessed at the following link: https://forms.office.com/Pages/ResponsePage.aspx?id=aS8vZtduuUyYS38EGbmpnExfuqQgG91Ip1A63FB0jn9UN0pZV1A2MllIVE9WTzJCS0w5R0I4T0hWQy4u
Can complaints be filed anonymously or confidentially?
Yes, the form will not collect the claimant’s name or information unless they provide it. ( Civil Rights Complaint Form at 1, https://forms.office.com/Pages/ResponsePage.aspx?id=aS8vZtduuUyYS38EGbmpnExfuqQgG91Ip1A63FB0jn9UN0pZV1A2MllIVE9WTzJCS0w5R0I4T0hWQy4u (“When you submit this form, it will not automatically collect your details like name and email address unless you provide it yourself.”) ) However, the form does disclose that complaints submitted may become matters of public record and therefore the office may need to disclose information if requested. Id. at 4 (“Complaints submitted to our Office may become matters of public record. As a result, we may be required to disclose some or all of your information if requested. Certain information that you provide may remain confidential such as confidential financial information or an individual’s medical or psychological information.”)
Are there language access requirements for complaint processes?
The form defaults to English, but the language can be changed to Spanish, Filipino, French, Amharic, Korean, or Chinese (simplified) via a drop-down menu in the upper right-hand corner of the form. Id. at 1.
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
Documentation is not required, but there is an opportunity to submit documentation via email. Id.
Can complainants have advocates or legal representation?
Yes, the form asks if the claimant has an attorney or has filed a lawsuit concerning the matter. Id.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
Unknown.
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What are the required elements of the civil rights claim?
A discriminatory act, as defined by subtitles 3-8 of MD S.B. 540 must have occurred. This includes discrimination in housing, public accommodations, leasing of commercial property, aiding, abetting, or attempting such acts or obstructing compliance with anti-discrimination statutes. (2023 Bill Text MD S.B. 540 § 20-101(d)(1-6).) Further, for the Attorney General to investigate, the discriminatory act must span beyond the affected complainant.
Who reviews claims and what timeframes apply?
The staff of the Civil Rights Division will review completed Civil Rights Complaint Forms for potential enforcement actions. (https://www.marylandattorneygeneral.gov/Pages/CivilRights/default.aspx (Last Accessed July 17, 2025).) An action “shall be commenced not later than three years after the discovery, occurrence, or termination, whichever occurs last, of the alleged civil rights violation.” 2023 Bill Text MD S.B. 540 § 20-1043(A). )
What type of investigation may occur?
“In its investigations, the Office of the Attorney General can issue subpoenas and seek injunctive relief to stop discriminatory behavior. The Office of the Attorney General will also proactively educate Marylanders on their civil rights protections and how they can get help having those protections enforced.” (https://www.marylandattorneygeneral.gov/Pages/CivilRights/CivilRightsFAQ.aspx (Last Accessed July 17, 2025))
Who participates in investigations?
The Office of the Attorney General. Id.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
No.
What privacy/confidentiality protections exist?
The Civil Rights Complaint Form will not collect the claimant’s name or information unless he or she provides it. (Civil Rights Complaint Form at 1, https://forms.office.com/Pages/ResponsePage.aspx?id=aS8vZtduuUyYS38EGbmpnExfuqQgG91Ip1A63FB0jn9UN0pZV1A2MllIVE9WTzJCS0w5R0I4T0hWQy4u (“When you submit this form, it will not automatically collect your details like name and email address unless you provide it yourself.”) ) However, the form does disclose that complaints submitted may become matters of public record and therefore the office may need to disclose information if requested. (Id. at 4 (“Complaints submitted to our Office may become matters of public record. As a result, we may be required to disclose some or all of your information if requested. Certain information that you provide may remain confidential such as confidential financial information or an individual’s medical or psychological information.”))
Are school districts required to publicly post civil rights complaint procedures?
Unknown.
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What is the appeals process, if any?
Unknown.
Are remedies legally enforceable once a violation is found?
Legal relief includes permanent and preliminary injunctions, temporary restraining orders, orders enjoining defendants, and civil penalties not exceeding $10,000 for the first violation or $25,000 for a second subsequent violation. 2023 Bill Text MD S.B. 540 §§ 20-1045-1046.
Are there other administrative processes that must be exhausted before taking legal action?
Unknown.
Do state agencies publish complaint outcome data?
No.
What enforcement mechanisms exist for non-compliance?
Unknown.