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The U.S. DOE Office for Civil Rights (OCR) provides guidance regarding the interpretation and implementation of antidiscrimination law in the schools and conducts investigations of schools after receiving a discrimination complaint. If evidence of discrimination is found, the OCR may order a school district to engage in remedial actions to correct the discrimination. If voluntary compliance cannot be achieved through informal actions, the OCR may take steps to suspend federal funding to the school.

Federal statutory law does not explicitly prohibit discrimination in the public schools based on religion or sexual orientation, gender identity, or gender expression. However, in 2010, the OCR extended its protections to include discrimination and harassment based on a student’s religion. In addition, the OCR made known that, as part of national efforts to reduce bullying in schools and to ensure equal educational opportunity for all students, it explicitly interpreted Title IX as prohibiting harassment and bullying based on sexual orientation or nonconformity to gender role stereotypes. Furthermore, if harassment based on sexual orientation or nonconformity to gender-role stereotypes resulted in a hostile learning environment for a student, schools “have an obligation to take immediate and effective action to eliminate the hostile environment” (Ali, 2010, p. 8).