Virginia

Resources

State Protections and Legal Framework

  • State constitutional guarantees regarding right to education

    • Article VIII of the Constitution of Virginia – reads as follows: “The  General Assembly shall provide for a system of free public elementary and secondary schools for all children of school age throughout the Commonwealth, and shall seek to ensure that an educational program of high quality is established and continually maintained.”

    • General supervision of the public school system is vested in a Board of Education of nine members to be appointed by the Governor, subject to confirmation by the General Assembly. Standards of quality for the several school divisions shall be determined and prescribed from time to time b the Board of Education, subject to revision only by the General Assembly.

    • https://law.lis.virginia.gov/constitutionexpand/article8/

    Case law and legislative history defining and interpreting the right to education

    Scott v. Commonwealth  of Virginia (443 S.E.2d 138 (1994)) –  While not directly on point, the holding of the case might be helpful - this case had to do with the Commonwealth’s system of funding for public elementary schools. The plaintiff’s argued that they were being denied a substantially equal educational opportunity as student in wealthier divisions of the state under Article I, § 15 and Article VIII, § 1 of the Constitution of Virginia. While education is a fundamental right under the Constitution, the court held that nowhere in the Constitution does it require equal, or substantially equal, funding, or programs among and within the Commonwealth’s school divisions. 

    No requirement for “substantial equality” in spending or programs in the state’s constitutional guarantees regarding right to education.

    State constitutional protections regarding non-discrimination and equity

    The Constitution of Virginia – Article I Bill of Rights, 

    • § 1 speaks to the equality and rights of men and provides: “That all men are by nature free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.”

    • § 11 “That no person shall be deprived of his life, liberty, or property without due process of law; that the General Assembly shall not pass any law impairing the obligation of contracts; and that the right to be free from any governmental discrimination upon the basis of religious conviction, race, color, sex, or national origin shall not be abridged, except that the mere separation of the sexes shall not be considered discrimination.”

    • § 12 “That the freedoms of speech and of the press are among the great bulwarks of liberty, and can never be restrained except by despotic governments; that any citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; that the General Assembly shall not pass any law abridging the freedom of speech or of the press, nor the right of the people peaceably to assemble, and to petition the government for the redress of grievances.”

    • https://law.lis.virginia.gov/constitution/article1/section1/

    • Ibanez v. Albermarle County School Board, 80 Va.App. 169 (2024), this case involved parents that brought suit on behalf of themselves and their children, alleging that the county school board’s anti-racism policy violated their rights under Virginia Constitution and Virginia Statute.  

    • The court held that parents do not have a due process right to control the curriculum provided in a public school; and that Article I §§ 11 and 12 are self- executing, “…private citizens may sue the Commonwealth for violating those constitutional rights—so long as they sufficiently plead that specific violations have occurred, or are likely enough to occur.” (citing Robb v. Shockoe Slip Found., 228 Va 678, 681-82, 324 S.E. 2d 674 (1985)) concluding that provisions of the Virginia Constitution are self-executing if they “(1) are in the Bill of Rights (Article 1 of the Virginia Constitution), (2) declare common law, (3) are prohibitory or negative in character, or (4) provide sufficient rule to protect or exercise the right without additional legislations.” 

    Other relevant state constitutional civil rights protections

    • There does not appear to be any other civil rights protections.

  • State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

    • Virginia Human Rights Act (“VHRA”): Prohibits discrimination based on race (including hairstyle - braids, locks), color, religion, ethnicity or national origin, age, marital status, military (veteran) status, disability, sex, sexual orientation and gender identity (at § 2.2-3901 “clarified that the term “gender identity” when used in reference to discrimination in the Code and acts of the General Assembly includes “gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.”).

    • VHRA applies to public accommodations, including educational institutions. 

    HOWEVER, PLEASE NOTE THAT THE VHRA IN ITS CURRENT FORM HAS BEEN INTERPRETED TO REQUIRE A WAIVER OF SOVEREIGN IMMUNITY FOR IT TO BE USED AGAINST STATE ACTORS, INCLUDING SCHOOLS.  IN RECENT YEARS, THE STATE OF VA PASSED A WAIVER OF SOVEREIGN IMMUNITY WAS VETOED BY THE GOVERNOR. THERE IS ALSO SOME DISCUSSION REGARDING THE VHRA’S APPLICATION TO SCHOOLS - ADVOCATES WILL SEEK TO CLARIFY THAT IT ABSOLUTELY DOES APPLY TO SCHOOLS (INDEED, THE VA CODE SPECIFICALLY STATES THAT VHRA PROTECTIONS COVER EDUCATIONAL INSTITUTIONS.) (Fogleman v. Commonwealth of Virginia, Court of Appeals of Virginia, Sept. 19, 2023, Record No. 0841-22-2 (holding that that the General Assembly has not waived sovereign immunity under the Virginia Human Rights Act (VHRA), either expressly or by necessary implication.)

    • See also Chapter 20 of the Virginia Administrative Code, Regulations Regarding the Virginia Human Rights Act, https://law.lis.virginia.gov/admincode/title1/agency45/chapter20/, which provides the procedures to be followed by the Office of Civil Rights

    • Virginian with Disabilities Act: note that jurisdiction is limited to programs or activities receiving state financial assistance or conducted by or on behalf of a state agency.

    Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

    • Virginia Human Rights Act (BUT SEE NOTE ABOVE ABOUT SOVEREIGN IMMUNITY AND VHRA)

    State law protections regarding color of law or pattern/practice liability for law enforcement in schools

    • Va. Code 2.2 Part B. Ch. 5 Art. 4 § 2.2 -520 – creates the office of Civil Rights and grants it the power to receive, investigate, seek to reconcile, refer to another agency, hold hearings pursuant to VA Administrative Process Act.

    Anti-discrimination protections under state human rights statutes

    Virginia Human Rights Act (Code of Virginia – Title 2.2, Ch. 39), protects against unlawful discrimination because of race, color, religion, ethnic, or national origin, sex, pregnancy, childbirth or related medical condition, age, marital status, sexual orientation, gender identity, military status, or disability in places of employment, public accommodation, educational institutions ….” (BUT SEE NOTE ABOVE ABOUT SOVEREIGN IMMUNITY AND VHRA)

    Complaints of Violation of this Act may be filed with:

    Office of the Attorney General

    Office of Civil Rights

    202 North 9th Street

    Richmond, Virginia 23219

    www.oag.state.va.us

    civilrights@oag.state.va.us

    Phone (804)225-2292 Fax (804)225-3294

    Complaint resolution process under Part III of Chapter 81 of the Regulations Governing Special Education Programs for Children with Disabilities in Virginia.  As noted in “How to File a Complaint,” complaints can be filed with the Virginia Department of Education, pursuant to 8VAC20-81-200.

    Private right of action provisions under state civil rights and human rights statutes

    Va. Code § 8.01-42.1, Civil action for racial, religious, or ethnic harassment, violence or vandalism creates a private right of action for injunctive relief or civil damages in cases involving racial, religious, or ethnic harassment, violence or vandalism.

    VHRA includes a private right of action, codified at Va. Code § 2.2-3908.

    Virginians with Disabilities Act (VDA). Virginia Code Title 51.5 prohibits discrimination but does not include a broad private right of action like the VHRA.  Courts have held that the VDA provides limited remedies, and that damages are not generally available except in specific access related cases (denial of public accomodations.) 

    Virginia Administrative Code Chapter 81 (Special Education Regulations) (8VAC20-81) do not create a private right of action, 


    A student person who files a claim under the VHRA will have 180 days, 1 VAC45-20-30 from the date of the alleged discrimination to file a complaint in writing under oath or affirmation with the VA OCR.    Unlike ED-OCR's procedures, there is no provision for an extension.  

    300 days from the date of the alleged discrimination to file a complaint in writing under oath or affirmation with the VA OCR.  The VA OCR may also initiate a complaint where they believe a violation has occurred. (BUT SEE NOTE ABOVE ABOUT SOVEREIGN IMMUNITY AND VHRA)

    • The VA OCR upon conclusion of their investigation, if they believe the alleged discrimination has been committed will immediately endeavor to eliminate the unlawful discriminatory practice by informal methods such as, conference, conciliation, and persuasion. If it is determined that these efforts are unsuccessful, the VA OCR will issue a notice that the case has been closed and provide the complainant with a notice of their right to commence a civil action.

    • An aggrieved person may make a written request to the VA OCR to issue a notice of the right to file a civil action after 180 days have passed since the date the complaint was originally filed.  The aggrieved person must commence a timely civil action (within 90 days of receipt of the right to file a civil action) in an appropriate general district or circuit court having jurisdiction over the person alleging the unlawful discrimination. Va. Code § 2.2-3908.

    • Moore v. Copper River Shred Services, LLC, 113 Va. Cir. 47 (2024), holds that the VHRA’s administrative provisions allow a person to use the remedies provided but do not mandate exhaustion of those remedies before filing a lawsuit. Note that this is against a private entity - it does not have the issues with respect to sovereign immunity that could prevent bringing suit against a school district. 

    • The AG may also commence a civil action in the appropriate circuit court for appropriate relief when there is a belief that a person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of the protections provided by the VHRA.

    • If a court finds that unlawful discrimination has occurred, the court may award the plaintiff compensatory and punitive damages, reasonable attorney fees and costs, and may grant permanent or temporary injunction, temporary restraining order, other order, including an order to enjoin the defendant from engaging in such practice, or order such affirmative action as appropriate.

    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?

    • ThAlthough the VHRA does not specifically mention disparate impact, but the Virginia Values Act (2020) amended the VHRA by expanding the available protections to  align with the protections afforded by the federal Civil Rights Act and allows  an individual of protected characteristics to bring a claim when they believe they have been discriminated against. Under federal civil rights law after Sandoval, there is no private right of action using disparate impact theory.   (BUT SEE NOTE ABOVE ABOUT SOVEREIGN IMMUNITY AND VHRA)

  • 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? 

    • Under § 8.01‑42.1(A), Civil Action for Racial, REligious, or Ethnic Harassment, Violence, or Vandalism, the statute allows “any person who is subjected to acts” motivated by bias (such as intimidation, violence, or vandalism) to bring an action—so a student harmed in this way is eligible to be the plaintiff. 

    • However, because students under 18 are minors, Virginia law requires an additional procedural step: Per Va. Code § 8.01‑8, “any minor entitled to sue may do so by his next friend. Either or both parents may sue on behalf of a minor” 

    • Under the Virginia Human Rights Act, with 1VAC45-20-30, a complaint may be made by "any person': see also 8VAC20-81-200 (providing that a complaint may be filed by "any individual} re special education complaints.   

    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?

    • Va. Code § 22.1-289.044 protects against retaliation or discrimination against complainants in child day programs or family day systems.

    Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

    • Generally, complaints by or on behalf of students under the VHRA must be filed within 180300 days of the date the individual became aware of the discrimination or believes the discrimination happened.  (BUT SEE NOTE ABOVE ABOUT SOVEREIGN IMMUNITY AND VHRA)

    • Rivera v. ManTech International Corporation, 81 Va. App. 170 (2024): “When interpreting a statute, the court’s primary objective is to ascertain and give effect to the legislative intent, which is usually found in the words of the statute itself.” Rivera also explains that the statutory period begins to run “…when the plaintiff knows or has reason to know of the injury…”

    • Va. Code § 2.2-3907 provides that a complainant make a written request for leave to file a civil action within 180 days of filing the initial complaint.

    • Va. Code § 2.2-3908 provides that a complainant has 90 days following the receipt of the notice from the OCR to file a civil action.

    Are there areas where the state laws provide more protections than federal law? What are those areas? 

    • The VHRA’s definition of “gender identity” is more broad than under the federal law. Va. Code § 2.2-3901 “The term “gender identity,” when used in reference to discrimination under the Code and acts of the General Assembly, means the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.”.

How do I file a complaint about discrimination in a K-12 public school in Virginia? 

  • Identify the Basis of Discrimination Choose the applicable category for the discrimination your student experienced:

    Race, color, national origin, sex, gender (including gender identity), ancestry, disability → May be covered by the Virginia Division of Human Rights (in the Office of the State AG’s Office for Civil Rights (VOCR)) under the Virginia Human Rights Act. 

    Federal Protections: Title VI (race, color, national origin), Title IX (sex), Section 504 / ADA (disability) May be covered by the Virginia Division of Human Rights (in the Office of the State AG’s Office for Civil Rights (VOCR)) under the Virginia Human Rights Act. 

    The VA Office of Civil Rights (VOCR) investigates complaints of discrimination on the basis of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, and disability.


    Immigration Status→ The U.S. Supreme Court has long guaranteed that all children have a right to a free public education, regardless of immigration status. Plyler v. Doe (PDF), 457 U.S. 202 (1982).


    Gather Evidence Include:

    Dates, times, and locations of incidents

    Names of individuals involved

    Copies of emails, screenshots, witness statements, or school responses

  • The VOCR  receives complaints of discrimination that occur in employment, places of public accommodation, educational institutions, and real estate transactions, as well as pattern or practice issues involving law enforcement agencies.


  • NA

Virginia Office of Civil Rights/VA Division of Human Rights - in the Office of State AG 

  • Identify the Basis of Discrimination Choose the applicable category for the discrimination your student experienced:

    Race, color, national origin, sex, gender (including gender identity), ancestry, disability → May be covered by the Virginia Division of Human Rights (in the Office of the State AG’s Office for Civil Rights (VOCR)) under the Virginia Human Rights Act. 

    Federal Protections: Title VI (race, color, national origin), Title IX (sex), Section 504 / ADA (disability) May be covered by the Virginia Division of Human Rights (in the Office of the State AG’s Office for Civil Rights (VOCR)) under the Virginia Human Rights Act. 


    The VA Office of Civil Rights (VOCR) investigates complaints of discrimination on the basis of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, and disability.


    Immigration Status→ The U.S. Supreme Court has long guaranteed that all children have a right to a free public education, regardless of immigration status. Plyler v. Doe (PDF), 457 U.S. 202 (1982).


    Gather Evidence Include:

    Dates, times, and locations of incidents

    Names of individuals involved

    Copies of emails, screenshots, witness statements, or school responses

  • According to the Virginia Human Rights Act, individuals are protected from discrimination in places of public accommodation, including educational institutions, based on: race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, or disability 


    When you submit a complaint:

    DHR first determines whether the allegations fall under its jurisdiction (VHRA)— meaning whether the complaint alleges discrimination in:

    Education institutions,

    Employment, or

    Places of public accommodation,

    under the VHRA or corresponding federal laws.

    THIS IS THE COMPLAINT PORTAL: https://www.oag.state.va.us/citizen-resources/civil-rights

    If DHR does not have jurisdiction, it will refer the complaint to the appropriate state or federal agency (such as OCR, EEOC, or another Virginia entity).

    Who is eligible to file (students, parents, advocates, others)?

    • The VOCR Regulations provide “A complaint on behalf of a person claiming to be aggrieved may be made by any person, agency, or organization…the complaint shall be made in writing and shall be verified.” (OCR Regulations - https://law.lis.virginia.gov/report/0AtCs/) Complaints must be filed within 180 days of the alleged act.

    • The VHRA covers: race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, or disability 

    • So: students may file, parents/guardians (must sign and verify), advocates may assist, but complainant must sign, as well as any individual who believes discrimination may occur. 

    • Inquire with DHR when filing re any specific requirements for students under 18 filing.  

    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)

    Can complaints be filed anonymously or confidentially?

    • No. It does not appear so. Complaints must be signed and supported by a declaration in writing under penalty of perjury. If you have concerns regarding confidentiality, contact the VA AG’s Office for Civil Rights. 

    Are there language access requirements for complaint processes?

    • The website is available in both English and Spanish ( Spanish version of VOCR website - https://www.oag.state.va.us/citizen-resources/civil-rights) by clicking the preferred option in the top right corner of the OCR website. Additionally, the online form allows you to provide an alternate contact should the individual not speak English or Spanish, they could provide for someone else to be contacted.

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • No.

    Can complainants have advocates or legal representation?

    • The VOCR Regulations provide that any person, agency, or organization may file on behalf of the aggrieved. There do not appear to be any limitations with respect to legal representation, but also no provision of legal representation. 

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

  • The VOCR/VA DHR  receives complaints of discrimination that occur in employment, places of public accommodation, educational institutions, and real estate transactions, as well as pattern or practice issues involving law enforcement agencies.

    If VA DHR accepts the complaint:

    • It opens a formal investigation into whether there is reasonable cause to believe discrimination occurred. (After the investigation is complete, the Director will issue a reasonable cause determination or a no cause determination) 

    • (Investigation authority: § 1VAC45‑20‑80; witnesses: § 1VAC45‑20‑82; document requests: § 1VAC45‑20‑83; fact‑finding conference: § 1VAC45‑20‑84.)

    • Investigators may:

      • Interview witnesses

      • Review documents and policies

      • Collect evidence relevant to the allegations

    The process is designed to be neutral, fact‑finding, and grounded in statutory protections.

    During the investigation (on request): After 180 days from filing—or if DHR won’t finish in 180 days—the complainant can request a Right‑to‑Sue. DHR then ceases investigating and dismisses the matter, issuing the notice. (Rule: § 1VAC45‑20‑87.)

    After DHR finishes (no cause or failed conciliation): DHR issues a Right‑to‑Sue upon dismissal; the complainant then has 90 days from the notice date to file suit in state court. (Rule: § 1VAC45‑20‑98)

    What are the required elements of the civil rights claim?

    • The claim must include the date of the alleged act, a statement of the facts, constituting the alleged violation. 

    Who reviews claims and what timeframes apply?

    • The VOCR will assign an officer to the complaint.

    What type of investigation may occur?

    • In accordance with the regulations, during the investigation the director may utilize information gathered by other government agencies, statement of position or evidence submitted by the complainant, witnesses. The director may also request a statement of position from the respondent, which may include specific questions and a response to the allegations.

    Who participates in investigations?

    • The director’s designee.

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    • Yes, the director may require a fact finding conference prior to issuing a determination. The parties may also be required to engage in a conciliation process for resolution. 

    What privacy/confidentiality protections exist?

    • At federal level complaints may be filed anonymously. That does not seem to be the case in Virginia.

    Are school districts required to publicly post civil rights complaint procedures?

    • There does not appear to be a requirement under the VHRA that school districts post civil rights compliant procedures. However, under Federal Law, including Title VI, Title IX, Section 504, and the ADA Title II, requires that nondiscrimination notices are publicly posted, that schools identify a Title IX and Section 504 coordinator, and that schools publish procedures for resolving complaints of discrimination. 

    NOTE special provisions for Career and Technical Ed: The Career and Technical Education Programs Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Disability (34 C.F.R. Part 100, Appendix B) require each state education agency to adopt a compliance program to prevent, identify and remedy discrimination on the basis of race, color, national origin, sex or disability by its local education agencies. Under these guidelines and adopted procedures, the Virginia Department of Education (VDOE) is mandated to conduct four on-site compliance reviews annually of school divisions that provide career and technical education programs and receive federal financial assistance.

  • Throughout the investigation, DHR offers mediation services to help parties reach a voluntary resolution.

    Mediation is:

    • Voluntary for both the complainant and the respondent

    • Designed to resolve the dispute without needing a full investigation or determination

  • At the end of the investigation, VA DHR issues a formal finding:

    • Reasonable Cause Finding:  VA DHR concludes discrimination likely occurred.

    • No Reasonable Cause Finding: VA DHR finds insufficient evidence to support the complaint.

    • Notice of Right to Sue (after dismissal (no reasonable cause finding) or on request after 180 days): 1VAC45‑20‑98 and 1VAC45‑20‑87. 

    This determination is part of DHR’s statutory responsibility to decide whether unlawful discrimination occurred under the VHRA.

    If VA DHR finds reasonable cause, it may:

    • Attempt to resolve the matter through conciliation or other informal methods of conference, mediation, or negotiation. The goals are to end the discriminatory practice, ensure the respondent agrees to stop the unlawful conduct and to secure “appropriate affirmative relief” for the complainant, including policy changes, training, access corrections, accommodations, etc.) 

    • If conciliation succeeds, a written agreement is signed that is signed by the complainant, the respondent and the DHR director or designee. 

    • f the discriminatory act affected a broader group (e.g., a class of people), and those individuals were not parties to the conciliation agreement, the agreement does not extinguish their right to sue.

    • If conciliation fails, the complainant may gain access to remedies, including the possibility of pursuing claims in court under applicable statutes.

    If no reasonable cause is found:

    • The case is closed at DHR unless the complainant seeks other avenues (e.g., federal complaints, litigation, school‑level grievance procedures).

    What is the appeals process, if any?

    • There does not seem to be a further appeal process following the investigative process of the VOCR. A person will receive a notice of right to sue

    Are remedies legally enforceable once a violation is found?

    • Yes.

    Are there other administrative processes that must be exhausted before taking legal action?

    • If a complaint or case is being handled by another agency or school district, the OCR will not initiate an investigation until the other process is complete.


    • Note that filing a written complaint with the OCR is deemed filing a complaint with any state agency for the purpose of complying with any time limitations for filing a complaint.


    • As stressed above, filing an administrative complaint may not be a predicate for invoking the private right of action under the VHRA.

    Do state agencies publish complaint outcome data?

    • We were not aware if complaints were published.


    • The VA Code does provide that the OCR will not make public investigative notes and other correspondence and information provided to the office available prior to a public hearing;


    • and that there is no prohibition against distribution of information taken from inactive reports so long as the identity of the parties is protected.

    What enforcement mechanisms exist for non-compliance?

    • Va. Code 2.2-3908(2)(B) if the OCR use of conference, conciliation, and persuasion is unworkable, the complainant may commence a civil action where the court may award compensatory and punitive damages. 

Virginia Department of Education (“VDOE”)

  • Who is eligible to file (students, parents, advocates, others)?

    • Parents, attorneys, and advocates can file complaints. There is also a check box on the special education complaint form for “Other.” Students aged eighteen and older may also file on behalf of themselves.

    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.)

    • Article VIII, Section 7 of the Constitution of Virginia, provides that local school boards are responsible for the governance of day-to-day operations and administrations of local schools. The VDOE does not supervise local school boards or local superintendents. Filing a formal complaint against a teacher or school personnel begins with the local school.

    How to initiate the process (relevant websites, standard forms, submission locations)

    • General complaints may be filed through the VDOE’s complaint system that provides investigation and issues findings regarding the violations of the rights of parents or children with disabilities. The Superintendent of Public Instruction or their designee is responsible for the operation of the complaint system. The complaints may be filed by any individual, organization, or even an individual from another state and must be:

    • In writing;

    • Include the signature and contact information of the complainant;

    • Contain a statement that a public agency has violated the Act or the special education regulations;

    • Include facts upon which the complaint is based

    • If alleging violations with respect to a specific child, include: the name, and address of the child, the name of the child’s school. (If the child is homeless, provide the available contact information for the child and the name of the school.)

    • In the case of a special education complaint - an individual must fill out the State Special Education Complaint form (available in both English and Spanish). The form is linked under “Complaint Documents” on the “Special Education Complaints” page of the Virginia Department of Education website. Instructions for submitting the form are on the form itself. The form itself is not required, but complaints must be submitted in writing and include the details marked with an asterisk on the form (Name of the person filing the complaint, contact information, details of complaint, etc.).

    Can complaints be filed anonymously or confidentially?

    • It does not appear possible. Complaints must be submitted with the name and contact information of the person filing the complaint.

    Are there language access requirements for complaint processes?

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • Complaints can only address issues that occurred within one year prior to the date the Virginia Department of Education received the complaint. There are also certain types of complaints, such as “violations of civil rights related to disability,” that the Virginia Department of Education does not handle and must be handled by the United States Department of Education Office of Civil Rights. (Special Education Complaints | Virginia Department of Education,” n.d., https://www.doe.virginia.gov/programs-services/special-education/resolving-disputes/resolving-disputes.)

    • The Virginia Department of Education website does not mention any filing fees or required documents. However, documentation related to the complaint, such as videos that support the issues in the complaint, are highly encouraged.

    Can complainants have advocates or legal representation?

    • Yes! Attorneys and/or advocates are also able to submit complaints on behalf of students.

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

    • According to the Complaint form, mediation is offered “at no cost” to school personnel and parties to the complainant. However, mediation is entirely voluntary and must first be agreed to by all involved parties to proceed.

  • What are the required elements of the civil rights claim?

    Who reviews claims and what timeframes apply?

    What type of investigation may occur?

    • Investigations include a “complete review of all relevant documentation” and an independent on-site investigation, “if deemed necessary.” Ibid.

    Who participates in investigations?

    • The Office of Dispute Resolution conducts the investigations.

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    What privacy/confidentiality protections exist?

    Are school districts required to publicly post civil rights complaint procedures?

    Complaints cannot be related to civil rights violations “related to disability.” (Special Education Complaints | Virginia Department of Education.”) According to VDOE, civil rights violations must be referred to the United States OCR.

  • What is the appeals process, if any? (Special Education Complaints | Virginia Department of Education.)

    • The appeals process is multi-faceted, and appeals must be submitted in writing.

    Are remedies legally enforceable once a violation is found?

    • The reviewer’s decisions are final, but the Virginia Department of Education’s Office of Dispute Resolution and Administrative Services may collaborate with the local school division if a corrective action plan (CAP) is needed.

    Are there other administrative processes that must be exhausted before taking legal action?

    • Parties to the complaint may submit an appeal if they agree with the Virginia Department of Education’s final decision in their case.

    Do state agencies publish complaint outcome data?

    What enforcement mechanisms exist for non-compliance?

State Attorney General Enforcement Actions

  • Has the AG taken civil rights actions involving education in the past 5 years?

    What enforcement powers does the AG possess in education-related cases?

    The VOCR houses the Division of Human Rights for the VA AG’s office. VOCR accepts complaints related to educational institutions as well as the VDOE’s Office of Career, Technical, and Adult Education helps the VOCR select schools for the review process to ensure compliance with certain federal requirements. 

    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)

    They do accept individual complaints as well as broader investigations. See information on how to file a complaint. 

  • 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.)

    The Virginia Office of Civil Rights generally exercises jurisdiction over cases that involve systemic practices or patterns of discrimination or inequity.  The OCR investigates complaints of discrimination on the basis of race, color, religion, ethnic or national origin, sex, etc. The office also receives complaints of discrimination that occur in places of public accommodation, educational institutions, and other places. (See how to file complaints)

Other State Enforcement Systems

Human Rights/Relations Commissions – Fairfax County Human Rights Education Discrimination

FOR PRIVATE SCHOOLS - DOES NOT HAVE JURISDICTION OVER PUBLIC SCHOOLS

  • https://www.fairfaxcounty.gov/humanrights/education-discrimination/file-complaint

    https://www.fairfaxcounty.gov/humanrights/node/204

    Who is eligible to file (students, parents, advocates, others)?

    • According to the OHREP website, complaints can either be filled out by the person who was discriminated against, or by someone else. If the form is filled out on the victim’s behalf, the person filling out the form must provide their relationship to the victim.

    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, other than filling out the complaint assessment before filling out the official complaint form.

    How to initiate the process (relevant websites, standard forms, submission locations)

    Can complaints be filed anonymously or confidentially?

    • No. Contact info must be included in form submissions.

    Are there language access requirements for complaint processes?

    • The Education Discrimination section of the OHREP website only includes links to forms in English. However, the OHREP “How to File a Complaint” page claims that forms are available in Spanish, but Spanish language forms are not linked on this page. There is also a disclaimer on the OHREP website that “…PDF files and special applications…cannot be translated.” (“Language Translation | Topics,” n.d., https://www.fairfaxcounty.gov/topics/languagetranslation.)

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • There are no charges or fees for OHREP’s services. OHREP only covers education complaints related to private institutions.

    Can complainants have advocates or legal representation?

    • There is no indication that complainants are prohibited from having advocates or legal representation throughout the complaint process.

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

  • What are the required elements of the civil rights claim?

    • Complaint submissions must include contact information, either for the victim or for the person filling out the form on their behalf, information on the organization/agency that was discriminatory, a section to describe the discriminatory action(s), and a section for the person filling out the form to describe the solution they are seeking to the complaint.

    Who reviews claims and what timeframes apply?

    • Complaints must be filed “within 300 days from the day the discrimination took place.” Complaint forms are reviewed by “commission staff,” who will contact the person who filled out the form to “finalize the [complaint] process.”

    What type of investigation may occur?

    • Not specified.

    Who participates in investigations?

    • Not specified.

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    • Not specified.

    What privacy/confidentiality protections exist?

    • Not specified.

    Are school districts required to publicly post civil rights complaint procedures?

    • Not specified.

  • This information is not available on the OHREP website due to the Office needing to contact complainants on an individual basis.

    • What is the appeals process, if any?

    • Are remedies legally enforceable once a violation is found?

    • Are there other administrative processes that must be exhausted before taking legal action?

    • Do state agencies publish complaint outcome data?

    • What enforcement mechanisms exist for non-compliance?

  • State Department of Education - relevant divisions and complaint processes

    Pursuant to 34 C.F.R. Part 100, Appendix B, The Career and Technical Education Programs (“CTE”) Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Disability – which requires each state agency to adopt a compliance program to prevent, identify and remedy discrimination on the basis of race, color, national origin, sex or disability by its location agencies.  In accordance with these guidelines and adopted procedures the VDOE performs four (4) on-site compliance reviews annually of school divisions that provide career and technical programs  and receive federal financial assistance. The purpose of the review is to ensure the school divisions are meeting the requirements of the following laws:

    • Title VI of the Civil Rights Act of 1964 (prohibiting discrimination based on race, color, and national origin) 34 CFR Part 100.

    • Title IX of the Education Amendments of 1972 (prohibiting discrimination based on sex) 34 CFR Part 106.

    • U.S. Dept of Education Title IX Final Rule (carries the force and effect of law as of August 14, 2020).

    • Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination based on disability) 34 CFR Part 104.

    • Title II of the Americans with Disabilities Act of 1990 (prohibiting discrimination based on disability) 28 CFR Part 35.

    • Vocational Education Programs Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, and Handicap (Guidelines) 34 CFR Part 100 Appendix B. 

    The VDOE, Office of Career, Technical, and Adult Education works with the OCR to select school divisions for the above review based on a target plan (pre-approved by the OCR) to identify school divisions with the greatest potential for noncompliance with civil rights laws. Attached are three PDFs related to review process, schedule, and checklist. A link to the CTE Civil Rights Review Helpful Links document can be found https://www.doe.virginia.gov/home/showpublisheddocument/1904/638599409582830000

    https://www.doe.virginia.gov/teaching-learning-assessment/early-childhood-care-education - Early Childhood Care & Education – Virginia Department of Education

    • Human Rights/Relations Commissions (state and local)

    • Virginia Human Rights Act (Code of Virginia – Title 2.2, Ch. 39), protects against unlawful discrimination because of race, color, religion, ethnic, or national origin, sex, pregnancy, childbirth or related medical condition, age, marital status, sexual orientation, gender identity, military status, or disability in places of employment, public accommodation, educational institutions…”

    • Complaints of Violation of this Act may be filed with:

    Office of the Attorney General

    Office of Civil Rights

    202 North 9th Street

    Richmond, Virginia 23219

    www.oag.state.va.us

    civilrights@oag.state.va.us

    Phone (804)225-2292 Fax (804)225-3294

    • State Civil Rights Departments independent of AG offices

    • OCR may create local commissions to aid in their duties.

    • Other State Offices with relevant jurisdiction

    • Parent Ombudsman for Special Education – a resource for parents in non-legal special education matters. Contact info:

    Parent OmbudsmanToll Free: 800-422-2083Email: SpecialEducationOmbudsman@doe.virginia.gov