Under Title IV of the Civil Rights Act of 1964, 42 U.S.C. § 2000c, the Attorney General is authorized, when certain statutory conditions are met, to institute a lawsuit against public school boards, public colleges and universities, and others upon receiving a complaint of discrimination or segregation. The complaint must be in writing and signed by a parent or group of parents or, in the case of colleges or universities, by the person aggrieved. The complaint should contain a statement to the effect that the school board is depriving children of the equal protection of the laws, or, if it is a college-level complaint, that the complainant has been denied admission or not permitted to continue attending a public college by reason of race, color, religion, national origin, or sex. Complainants should be advised of these requirements.

When a United States Attorney’s Office receives a complaint or other information suggesting a potential violation of Title IV, that office should forward the complaint or other information to the Educational Opportunities Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Educational Opportunities Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[updated December 2022]