How to File a School Discrimination Complaint with the Office for Civil Rights (OCR)

If your child has been treated unfairly at school — or you have been discriminated against as a student yourself — the U.S. Department of Education's Office for Civil Rights (OCR) is the federal agency that investigates. You do not need a lawyer, it costs nothing to file, and you have 180 calendar days from the last discriminatory act to make your complaint.

Here is exactly what OCR covers, who can file, and how the process works.

What laws cover discrimination in schools

OCR enforces five federal civil rights laws that apply to any school or educational program that receives money from the Department of Education. That includes virtually every public school, most public and private colleges and universities, vocational schools, and state education agencies.

Law	What it prohibits
Title VI of the Civil Rights Act of 1964	Discrimination based on race, color, or national origin — including discrimination against English learners and students based on shared ancestry or ethnic characteristics
Title IX of the Education Amendments of 1972	Discrimination based on sex, including pregnancy, parental status, sex stereotypes, and sexual orientation
Section 504 of the Rehabilitation Act of 1973	Discrimination against students with disabilities in programs that receive federal funding
Title II of the Americans with Disabilities Act of 1990	Discrimination based on disability by public entities, whether or not they receive federal funds
Age Discrimination Act of 1975	Discrimination based on age

These laws cover admissions, financial aid, academic programs, discipline, classroom assignment, grading, counseling, athletics, housing, and any other program or activity the school runs.

What counts as discrimination

Discrimination can take many forms in a school setting:

• Racial discrimination: A school disciplines Black students more harshly than white students for the same behavior, or tracks students of one race into lower-level classes.
• Sex discrimination: A school refuses to let a pregnant student participate in honors programs or pressures her to transfer to an alternative school.
• Disability discrimination: A school denies a student with a disability a reasonable accommodation or excludes them from a field trip because of their disability.
• National origin discrimination: A school punishes a student for speaking Spanish in the hallway, or fails to provide language assistance to English learner parents.
• Harassment: A school knows about student-on-student harassment based on race, sex, or disability and does not take effective action to stop it.

Discrimination does not have to be intentional. Policies that have a disproportionate negative effect on a protected group can also violate federal law.

Who can file a complaint

Anyone can file a complaint with OCR. You do not need to be the victim of the discrimination yourself. Parents can file on behalf of their children. Advocacy organizations can file on behalf of a group. If you file on behalf of someone else, OCR may ask for written consent from that person (or their parent, if the student is under 18).

The 180-day deadline

You must file your complaint within 180 calendar days of the last act of discrimination. OCR counts calendar days, not business days. If the discrimination is ongoing, the 180-day clock runs from the most recent incident.

If you go through the school's own grievance process first — and OCR says you are not required to, but you can — you then have 60 days after the grievance process ends to file with OCR. If more than 180 days have passed since the discrimination, you can still request that OCR waive the deadline. You will need to explain why you did not file sooner and show good cause for the delay.

How to file your complaint

You have three ways to file:

1. Online (fastest)

Use OCR's electronic complaint form. The system walks you through the information OCR needs and submits it directly.

2. Mail or fax

You can mail or fax your complaint to the OCR regional office that covers your state. Use OCR's Discrimination Complaint Form or write your own letter. Your letter should include:

• Your name, address, and a phone number where you can be reached during business hours
• The name and location (city and state) of the school or institution
• A description of what happened, when it happened, and why you believe it was discrimination
• Information about who was harmed (you do not need to provide names of injured people)

You can find the address and fax number for your regional office on OCR's contact page.

3. Email

Scan and email your signed complaint letter or the completed complaint form to ocr@ed.gov.

All three methods are free. You do not need a lawyer. You do not need to use a specific form — a signed letter with the information above is enough to open a case.

What happens after you file

After OCR receives your complaint, here is what you can expect:

1. Review: OCR reviews your complaint to decide whether it has authority to investigate. OCR will dismiss the case if it does not cover the type of discrimination alleged, the school does not receive federal funds, or the complaint was filed too late.
2. Investigation: If OCR accepts the case, it investigates. OCR may request documents from the school, interview staff and students, and visit the campus.
3. Resolution: OCR can resolve a case by finding that the school discriminated and requiring it to change its practices, or by entering into a voluntary resolution agreement with the school. OCR can also find that the evidence does not support the complaint.
4. Enforcement: If the school refuses to cooperate or comply with a resolution, OCR can refer the case to the Department of Justice or begin proceedings to withhold federal funding.

What OCR cannot do

OCR does not award money damages. It cannot order the school to pay you or your family compensation. If you want monetary damages — compensation for harm, pain and suffering, or lost opportunities — you would need to file a private lawsuit in federal court, typically after receiving a "right to sue" letter from OCR.

OCR also does not handle every type of education dispute. It does not investigate general bullying that is not based on a protected characteristic, teacher quality complaints, or disputes over grades that do not involve discrimination.

Retaliation is illegal

Federal law prohibits a school from retaliating against anyone who files an OCR complaint, participates in an investigation, or advocates for someone who did. If you experience retaliation — a grade change, suspension, or any other adverse action because you complained — you can file a separate retaliation complaint with OCR.

When to contact a lawyer

While you do not need a lawyer to file with OCR, an attorney can help if:

• You want to pursue monetary damages in court
• The discrimination involves complex legal questions
• OCR dismisses your complaint and you want to explore other options
• You need to meet a statute of limitations for a court filing (typically two years from the discriminatory act for federal civil rights claims, but state deadlines vary)

Legal aid organizations and federally funded disability rights organizations can often provide free or low-cost help preparing an OCR complaint.

Where to start

If you believe a school has discriminated against you or your child, the first step is straightforward:

1. Document the facts: Write down what happened, when, who was involved, and who witnessed it. Save emails, report cards, disciplinary records, and any communication with the school.
2. Decide whether to use the school's grievance process: You do not have to, but it can preserve a second option if OCR's investigation does not go your way.
3. File with OCR: Use the online form for the quickest submission. You have 180 days — but do not wait. The earlier you file, the fresher the evidence.

The Office for Civil Rights investigates thousands of complaints every year. For students and families facing discrimination, it is the most direct route to a federal remedy that forces a school to change.

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Sources: U.S. Department of Education Office for Civil Rights, "How to File a Discrimination Complaint with OCR" (ed.gov, last reviewed August 26, 2025); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d; Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681; Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131.