2.

Educational Opportunities Litigation Section—Referral Procedures

Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, (which prohibits the exclusion, the denial of benefits, and discrimination on the grounds of race, color or national origin in programs or activities receiving federal funds), Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 (which prohibits the exclusion, the denial of benefits, and discrimination on the basis of sex in programs or activities receiving federal funds), Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (which prohibits the exclusion, the denial of benefits, and discrimination in programs or activities receiving federal funds by reason of handicap), and Title II of the Americans With Disabilities Act of 1990, 42 U.S.C. §§ 12131-12134 (which provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity), have implementing regulations which help define violations as well as setting forth enforcement procedures. The regulations authorize the administrative agencies to enforce the above statutes in several ways. The agency must first find that the recipient has violated the pertinent statute and issue a letter of findings. The agency must then attempt to secure compliance through voluntary means. Should the good faith attempt at voluntary resolution fail, the administrative agency may take the recipient to an administrative enforcement action before an Administrative Law Judge with the goal of terminating federal financial assistance. Another option for the administrative agency is a referral to the Department of Justice with a recommendation that appropriate proceedings be brought to enforce any rights of the United States under any law of the United States, or any assurance or other contractual undertaking. [cited in USAM 8-2.224]