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FOIA

Civil Rights Enforcement

On the heels of filing a class action civil rights lawsuit against Walden University, Student Defense launched an investigation into the extent to which the U.S. Department of Education’s Office of Federal Student Aid (“FSA”) has ensured that colleges and universities comply with key civil rights laws. We discuss our findings in a new report that proposes better cooperation between the two agency offices to protect students’ civil rights and identify and hold accountable bad actors.

Student Defense submitted the following requests under the Freedom of Information Act seeking documents regarding the Department of Education and FSA’s enforcement of civil rights laws. 

 

FOIA Requests

 

Voting Registration Requirements - April 4, 2022

Seeking: All communications with institutions of higher education from January 2017 to April 4, 2022 regarding the Voter Registration Requirements of the Higher Education Act, 20 U.S.C. § 1094(a)(23)(B), and its implementing regulations, 34 C.F.R. § 668.14(d)(1)–(2); all final program review determinations or program review reports documenting finding of non-compliance with respect to the Voter Registrations Requirements and all final audit reports documenting findings of non-compliance with respect to the Voter Registrations Requirements.

 

Documents

The Department initially failed to produce any responsive documents, as required by law. After Student Defense sued the Department in federal court, the Department provided a final response. The responsive documents are available here:


Documents Regarding Actions Related to Title IX of the Education Amendments of 1972 - March 9, 2022

Seeking: All records constituting or reflecting actions related to Title IX of the Education Amendments of 1972, as amended, and its implementing regulations, 34 C.F.R. Part 106, brought by the Department under 34 C.F.R § 100.8 against an institution of higher education that refer or relate to such institution’s participation in programs under Title IV of the Higher Education Act; all records constituting or reflecting actions related to Title IX of the Education Amendments of 1972, as amended, and its implementing regulations, 34 C.F.R. Part 106, brought by the Department under 34 C.F.R § 100.8 against an institution of higher education that affect such institution’s participation in programs under Title IV of the Higher Education Act; all communications between OCR and Federal Student Aid (“FSA”) discussing, describing, relating to an institution’s compliance with Title IX of the Civil Rights Act of 1964, as amended, and its implementing regulations, 34 C.F.R. Part 106. 

Documents

On December 26, 2023, the Department provided a final response to this request. The responsive documents are available here. 
 

Documents Regarding Actions Related to Title VI of the Civil Rights Act of 1964 - March 9, 2022

Seeking: All records constituting or reflecting actions related to Title VI of the Civil Rights Act of 1964, as amended, and its implementing regulations, 34 C.F.R. §§ 100-01, brought by the Department under 34 C.F.R § 100.8 against an institution of higher education that refer or relate to such institution’s participation in programs under Title IV of the Higher Education Act; all records constituting or reflecting actions related to Title VI of the Civil Rights Act of 1964, as amended, and its implementing regulations, 34 C.F.R. §§ 100-01, brought by the Department under 34 C.F.R § 100.8 against an institution of higher education that affect such institution’s participation in programs under Title IV of the Higher Education Act; all communications between OCR and Federal Student Aid (“FSA”) discussing, describing, relating to an institution’s compliance with Title VI of the Civil Rights Act of 1964, as amended, and its implementing regulations, 34 C.F.R. §§ 100-01. 

Documents

On December 26, 2023, the Department provided a final response to this request. The responsive documents are available here. 

 
 
 

Documents Regarding Compliance with Title IX of the Civil Rights Act of 1964 - December 15, 2021

Seeking: All communications between Federal Student Aid and any IHE discussing, enforcing, or relating to the PPA provision requiring compliance with Title IX of the Civil Rights Act of 1964, as amended, and its implementing regulations, 34 C.F.R. §§ 106.1 – 106.82; all documents constituting Final Program Review Determinations (FPRDs) that contain one or more Findings that an institution has violated Title IX of the Civil Rights Act of 1964, as amended, and its implementing regulations, as that phrase is used in the Department’s PPAs; all documents constituting Final Audit Determinations (FADs) that contain one or more Findings that an institution has violated Title IX of the Civil Rights Act of 1964, as amended, and its implementing regulations, as that phrase is used in the Department’s PPAs; all documents constituting or reflecting denials of recertification for an IHE to participate in Title IV due, in whole or in part, to an institution’s violation of the PPA provision requiring compliance with Title IX of the Civil Rights Act of 1964, as amended, and its implementing regulations, as that phrase is used in the Department’s PPAs; and all documents constituting or reflecting actions brought by the Department under 34 C.F.R. Part 668 Subpart G due, in whole or in part, to an institution’s violation of the PPA provision requiring compliance with Title IX of the Civil Rights Act of 1964, as amended, and its implementing regulations, as that phrase is used in the Department’s PPAs. 



Documents Regarding Compliance with Title VI of the Civil Rights Act of 1964 - December 14, 2021

Seeking: All communications between Federal Student Aid and any IHE discussing, enforcing, or relating to the PPA provision requiring compliance with Title VI of the Civil Rights Act of 1964, as amended, and its implementing regulations, 34 C.F.R. §§ 100-01; all documents constituting Final Program Review Determinations (FPRDs) that contain one or more Findings; all documents constituting Final Audit Determinations (FADs) that contain one or more Findings that an institution has violated Title VI of the Civil Rights Act of 1964, as amended, and its implementing regulations, as that phrase is used in the Department’s PPAs; all documents constituting or reflecting denials of recertification for an IHE to participate in Title IV due, in whole or in part, to an institution’s violation of the PPA provision requiring compliance with Title VI of the Civil Rights Act of 1964, as amended, and its implementing regulations, as that phrase is used in the Department’s PPAs; and all documents constituting or reflecting actions brought by the Department under 34 C.F.R. Part 668 Subpart G due, in whole or in part, to an institution’s violation of the PPA provision requiring compliance with Title VI of the Civil Rights Act of 1964, as amended, and its implementing regulations, as that phrase is used in the Department’s PPAs. 

Documents

On May 16, 2022, the Department provided a final response letter stating that no responsive documents exist.