https://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/04221281-a.pdf
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS, REGION IV
61 F OR SY T H ST . , SO U TH W ES T , SU I T E 19 T10
AT L AN T A, G A 30303 -8927
R E G I O N I V
A L A B A M A
F L O R I D A
G E O R G I A
T E N N E S S E E
The Department of Education’s mission is to promote student achievement and preparation for global competitiveness
by fostering educational excellence and ensuring equal access.
www.ed.gov
Re: OCR Complaint No. 04-22-1281
May 19, 2023
Dr. Jeff Bearden
Superintendent
Forsyth County Schools
1120 Dahlonega Highway
Cumming, Georgia 30040
Via Email Only, jbearden@forsyth.k12.ga.us
Dear Superintendent Bearden:
This letter is to advise you of the outcome of the U.S. Department of Education, Office for Civil Rights
(OCR) investigation of the complaint filed against the Forsyth County Schools (District). The
complaint alleged that the District discriminated against students on the basis of sex, race, color, and
national origin.
OCR enforces Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681, et seq.,
and its implementing regulation, 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex
in any education program or activity receiving Federal financial assistance. OCR also enforces Title
VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. §§ 2000d, et seq., and its implementing
regulation, 34 C.F.R. Part 100, which prohibit discrimination on the basis of race, color, or national
origin in any program or activity receiving Federal financial assistance from the Department of
Education. As a recipient of Federal financial assistance from the Department of Education, the
District is subject to the requirements of Title IX and Title VI, as well as OCR’s jurisdiction.
OCR opened an investigation of the following issues:
1. Whether the District’s removal of books from schools created a hostile environment
for students based on sex, in violation of Title IX and its implementing regulation at 34
C.F.R. Part 106; and
2. Whether the District’s removal of books from schools created a hostile environment
for students based on race, color or national origin, in violation of Title VI and its
implementing regulation at 34 C.F.R. §100.3.
During the investigation, OCR reviewed documents from the District, including email
correspondence among District staff, as well as between a parent and District staff, regarding the
removal of books; a summary of a January 2022 District Media Committee meeting; and
documentation related to a District review of books during Summer 2022. Also, OCR interviewed
the District’s Chief Technology and Information Officer, the Director of Instructional TechnologyPage 2 – OCR Complaint No. 04-22-1281
and Media, and the Chief Communication Officer. In addition, OCR reviewed publicly available
information, including minutes and recordings of District board meetings.
Prior to OCR completing its investigation, the District expressed an interest in resolving the
complaint pursuant to Section 302 of OCR’s Case Processing Manual. Section 302 states that
allegations under investigation may be resolved at any time when, prior to the completion of the
investigation, the recipient expresses an interest in resolving the allegations and OCR determines
that it is appropriate to resolve them because OCR’s investigation has identified concerns that can
be addressed through a resolution agreement. Following are the relevant legal standards and
OCR’s summary of the investigation.
Legal Standards
The regulation implementing Title IX, at 34 C.F.R. § 106.31(a), provides that no person shall, on
the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any academic, extracurricular, research, occupational training, or other
education program or activity operated by a recipient which receives Federal financial assistance.
The regulation implementing Title IX, at 34 C.F.R. § 106.44(a), provides that a recipient with
actual knowledge of sexual harassment in an education program or activity of the recipient against
a person in the United States, must respond promptly in a manner that is not deliberately
indifferent. A recipient is deliberately indifferent only if its response to sexual harassment is clearly
unreasonable in light of the known circumstances. A recipient’s response must include an offer
of supportive measures as defined in § 106.30 to a complainant. Further, the recipient’s Title IX
Coordinator must promptly contact the complainant to discuss the availability of supportive
measures as defined in § 106.30, consider the complainant’s wishes with respect to supportive
measures, inform the complainant of the availability of supportive measures with or without the
filing of a formal complaint, and explain to the complainant the process for filing a formal
complaint.
The regulation implementing Title IX, at 34 C.F.R. § 106.30(a), defines actual knowledge in the
elementary and secondary school context as notice of sexual harassment or allegations of sexual
harassment to any employee of an elementary and secondary school. The regulation, at 34 C.F.R.
§ 106.30(a), defines sexual harassment to include conduct on the basis of sex that is unwelcome
and determined by a reasonable person to be so severe, pervasive, and objectively offensive that it
effectively denies a person equal access to the recipient’s education program or activity.
The regulation, at 34 C.F.R. § 106.30(a), defines supportive measures as non-disciplinary, non-
punitive individualized services offered as appropriate, as reasonably available, and without fee or
charge to the complainant or the respondent before or after the filing of a formal complaint or
where no formal complaint has been filed. Such measures are designed to restore or preserve equal
access to the recipient’s education program or activity without unreasonably burdening the other
party, including measures designed to protect the safety of all parties or the recipient’s educational
environment, or deter sexual harassment. Supportive measures may include counseling,
extensions of deadlines or other course-related adjustments, modifications of work or class
schedules, campus escort services, mutual restrictions on contact between the parties, changes inPage 3 – OCR Complaint No. 04-22-1281
work or housing locations, leaves of absence, increased security and monitoring of certain areas
of campus, and other similar measures.
The regulation implementing Title VI, at 34 C.F.R. § 100.3, provides that no person shall, on the
basis of race, color, or national origin, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any program to which Title VI applies. The
existence of a hostile environment that is created, encouraged, accepted, tolerated or left
uncorrected by a recipient constitutes discrimination on the basis of race, color, or national origin
in violation of Title VI.
To establish a violation of Title VI under the hostile environment theory, OCR must find that: (1)
a hostile environment based on race, color, or national origin existed; (2) the recipient had actual
or constructive notice of a hostile environment based on race, color, or national origin; and (3) the
recipient failed to respond adequately to redress the hostile environment based on race, color, or
national origin.
Under Title VI, harassment creates a hostile environment when the conduct is sufficiently severe,
persistent, or pervasive so as to interfere with or limit an individual’s ability to participate in or
benefit from a recipient’s program. Harassing acts need not be targeted at the complainant in
order to create a hostile environment. The acts may be directed at anyone, and the harassment
need not be based on the complainant’s or victim’s race, color, or national origin so long as it is
motivated by race, color, or national origin (e.g., it might be based on the race, color, or national
origin of a friend or associate of the victim). The harassment must in most cases consist of more
than casual or isolated incidents to establish a Title VI violation. Whether harassing conduct
creates a hostile environment must be determined from the totality of the circumstances. OCR
will examine the context, nature, scope, frequency, duration, and location of the race, color, or
national origin-based harassment, as well as the identity, number, age, and relationships of the
persons involved. If OCR determines that the harassment was sufficiently severe that it would
have adversely affected a reasonable person, of the same age and race, color, or national origin as
the victim, under similar circumstances, from participating in or enjoying some aspect of the
recipient’s education program or activity, OCR will find that a hostile environment existed.
A school may be found to have violated Title VI if it has failed to correct a hostile environment
based on harassment of which it has actual or constructive notice. A recipient is charged with
constructive notice of a hostile environment if, upon reasonably diligent inquiry in the exercise of
reasonable care, it should have known of the discrimination. In other words, if the recipient could
have found out about the harassment had it made a proper inquiry, and if the recipient should have
made such an inquiry, knowledge of the harassment will be imputed to the recipient.
Once a recipient has notice of a hostile environment, the recipient has a legal duty to take
reasonable steps to eliminate it. OCR evaluates the appropriateness of the responsive action by
assessing whether it was reasonable, timely, and effective. The appropriate response to a hostile
environment based on race, color, or national origin must be tailored to redress fully the specific
problems experienced as a result of the harassment.
FactsPage 4 – OCR Complaint No. 04-22-1281
The District reports that its enrollment is 49% White, 5% Black, 27% Asian, 15% Hispanic, 4%
According to the District’s representative, in Fall 2021, the District began receiving complaints
from some parents and community members about the District providing students access to library
books that parents deemed inappropriate.2 These parents reportedly pointed out explicit sexual
content in books and many also complained about LGBTQI+ subject matter.3 Around November
2021, a parent group reportedly asked the District to shelve LGBTQI+ books separately in school
libraries and to place tags on the books.
On January 12, 2022, the District Media Committee convened a meeting in response to these
requests regarding sexually explicit books and LGBTQI+ books.4 According to a summary of the
meeting and interviews with District representatives, the committee considered a request that the
District give parents an option to provide permission for their children to check out school library
books that have LGBTQI+ content or sexual content.5 The committee rejected the option on the
grounds that there were multiple ways that students would be able to circumvent the system, that
option would put media specialists in the role of “gatekeeper” of the books, and it could cause
many students to avoid using the media center. The committee discussed and rejected requests
that the District shelve LGBTQI+ books separately, or put stickers on such books, concluding that
those actions would be detrimental to students, might lead to increased bullying, and, again, could
cause students to stop using the media center.
The meeting summary also shows that the committee approved a statement to be posted on the
webpages of District media centers. The statement read in part, “Forsyth County Schools’ media
centers provide resources that reflect all students within each school community. If you come
across a book that does not match your family’s values and/or beliefs, and you would prefer that
your child does not check that book out, please discuss it with your child.” The District’s Chief
Communications Officer told OCR the statement was to communicate to parents and guardians
the purpose of media centers and to remind them it was their role to discuss sensitive topics with
their children.
On January 21, 2022, the District’s Superintendent notified the school board that he had authorized
the Chief Technology and Information Officer (CTIO) to pull from school libraries books that
were obviously sexually explicit or pornographic. District witnesses stated that books were
reviewed in January 2022 for explicit sexual content, specifically graphic details of sexual acts and
not just references to sex or sexual acts.
1 About Us / Overview (forsyth.k12.ga.us) (Last accessed by OCR on March 20, 2023).
2 The evidence reflects that District schools have books located in media centers and some classrooms also have
libraries. Generally, this letter will use the phrase “school libraries” to refer to media centers and classroom libraries.
3 The documents that OCR reviewed employed varying acronyms to refer to individuals who are lesbian, gay, bisexual,
transgender, queer, questioning, asexual, intersex, nonbinary, or describe their sex characteristics, sexual orientation,
or gender identity in another similar way. For ease of reference and consistency, this letter will refer to “LGBTQI+.”
4 The District Media Committee has standing meetings at the beginning and end of each school year and as-needed
meetings during the school year.
5 The document is titled, “Summary of the 1/12/22 District Media Committee Meeting”; it was part of an email string
responding to a parent.
1
two or more races, and less than 1% American Indian or Alaska Native and Hawaiian.Page 5 – OCR Complaint No. 04-22-1281
On January 24, 2022, the CTIO emailed the District’s principals, noting that many parents had
“taken to social media” and emailed to raise concerns over book content, and some concerns were
“around personal/family preference, morals and beliefs,” while other concerns related to sexually
explicit content. The email also stated that the Superintendent had authorized removal of sexually
explicit books, making clear that books had not been reviewed for LGBTQI+ content or moral
dilemma issues, just sexual explicitness.
Later that day, the CTIO emailed the principals a list of nine books to be removed from all school
libraries indefinitely, two books to be removed temporarily or restricted to high schools, and four
books to be restricted to high schools. Of the fifteen books identified, one book had already been
removed in 2021 and was the only copy in the District; thus, no copies existed in the District when
the CTIO sent the email. As noted in the email, six of the fifteen books were removed from middle
schools only, because they were deemed age appropriate for high school students. The email also
instructed principals to perform due diligence and have their media staff and teachers review for
the listed books in the media centers and classroom libraries. According to District witnesses, the
District did not make an announcement to, or have other communication with, students about the
removal of the books.
During a February 15 District school board meeting, which the District’s Superintendent attended,
multiple parents and students spoke about the District’s removal of books.6 Many parents called
for the removal of additional books, with most of their comments focused on sexually explicit
content; however, some comments focused on removing books for reasons related to gender
identity or sexual orientation. Also, some parents made negative comments about diversity and
inclusion or critical race theory.
The students’ comments at the board meeting focused on the gender identity, sexual orientation,
and race or color of authors or characters in the books. Some students also raised concern about
the impact of removing the books. One student stated that the book ban immediately made the
environment more harsh for students; people like him who are not in the closet are watching their
safe spaces disappear, and he is sick of being fearful at school. A student who identified herself
as Asian said it is hard for her to find books with main characters who are of her race; she knows
that people of other minority backgrounds have the same struggle and banning books written with
diversity silences mainly minority voices.7 A third student — who characterized the District’s
6 In January and February 2022, media reported about the race, sexual orientation or gender identity of authors of, or
characters in, the removed books. For example, a January 20, 2022 article referenced removal of a book about a
Puerto Rican American lesbian college student and attributed to a recent District graduate a quote that referred to the
book removal as a “blatant attack on books with LGBTQI+ themes”, and the article noted the authors of some removed
books were female, queer or people of color and some books had queer characters. Opinion: First, it was critical race
theory. Now, it’s books. Similarly, a January 30, 2022 article referenced removal of a memoir about a gay black man,
Forsyth County Schools remove eight books for ‘sexually explicit content’ amid nationwide library debate. Finally,
a February 8, 2022 article from a high school student author noted, “The impact of losing such inclusionary books . .
. that reflects the arc of their lives poses a risk to the lives of our youth.” That student author went on to state, “Books
allow youth to have a dialogue internally that they might feel awkward or scared to talk about with adults or peers.”
Forsyth Student: Book Bans in Libraries Don’t Serve Students.
7 Forsyth County Board of Education Regular Meeting, February 15, 2022 – YouTube (Last accessed by OCR March
20, 2023.)Page 6 – OCR Complaint No. 04-22-1281
actions as singling out books by authors who are gay, supporters of the LGBTQI+ community,
women and people of color — expressed the belief that the District does not care about diversity.8
The District formed a summer review committee to review eight of the nine books identified for
indefinite removal from all schools in the CTIO’s January 24, 2022 email. The summer review
committee was called upon to determine if the books should remain on the shelves despite the
explicit sexual content. The summer review committee, which included teachers, media specialists
and parents, consisted of 34 readers. The committee included persons of color; District staff did
not inquire if anyone was part of the LGBTQI+ community.
The summer review committee readers used a form that included six questions to answer for each
assigned book.9 The questions related to the quality of a book’s content and manner of
presentation, as well as whether the book was appropriate for the age, sophistication level and
grade level of middle school students and of high school students; met District students’
instructional, social, emotional and personal needs; exhibited a “high degree of potential user
appeal and interest;” and provided “a global perspective and promoted diversity by including
materials about and by authors or illustrators of all cultures.”
According to the District’s representative, the committee completed reading at the end of July
2022 and provided feedback to the District Media Committee. In early August, the District Media
Committee voted to return seven of the eight books to media center bookshelves. The books were
placed in their original locations; they were not placed in special sections or shelves, marked with
stickers, tagged or otherwise identifiable for specific content, characters, or authors.
Other than comments at board meetings, District witnesses identified no other complaints from
students, parents, staff or others about the book removal. All three District witnesses said the
District has not taken steps to address with students the impact of the book removals.
Analysis
OCR has a concern the District received notice that its media center book screening process may
have created a hostile environment for students, yet the District’s responsive steps related to the
book screening process were not designed to, and were insufficient to, ameliorate any resultant
racially and sexually hostile environment. OCR recognizes the District Media Committee rejected
suggestions to handle challenged books in ways that it believed would target certain groups of
students and that the District posted a statement on media centers’ websites that they “provide
resources that reflect all students within each school community” and that “If you come across a
book that does not match your family’s values and/or beliefs, and you would prefer that your child
does not check that book out, please discuss it with your child.” OCR also recognizes the District
limited its book screening process to sexually explicit material. Nonetheless, communications at
8 In June 2022, media again addressed the book removal and the alleged impact upon students. An online article dated
June 21, 2022, attributed to a District sophomore a statement that as a brown, female person, “this is something that
affects me,” and attributed to a District senior the statement, “I’m openly queer, openly transgender, and so it really
hits close to home when people are like, let’s not have diversity.” Forsyth County Schools remove eight books for
‘sexually explicit content’ amid nationwide library debate (Last accessed by OCR April 4, 2023).
9 According to the form, there were five groups of readers and each group read two books.Page 7 – OCR Complaint No. 04-22-1281
board meetings conveyed the impression that books were being screened to exclude diverse
authors and characters, including people who are LGBTQI+ and authors who are not white, leading
to increased fears and possibly harassment. Indeed, one student commented at a District school
board meeting about the school environment becoming more harsh in the aftermath of the book
removals and his fear about going to school, and evidence OCR reviewed to date reflects other
students expressing similar views. District witnesses reported to OCR that the District has not
taken steps to address with students the impact of the book removals. In light of these
communications and actions, OCR is concerned a hostile environment may have arisen that the
District needed to ameliorate.
As noted above, the District expressed an interest in resolving the complaint with a resolution
agreement pursuant to Section 302 of the Case Processing Manual. Based on the investigation to
date, OCR notes concerns that warrant entering into a resolution agreement. The attached
resolution agreement (Agreement) will, when fully implemented, resolve the issues identified
above. The Agreement requires the District to issue a statement to students in the District
explaining the book removal process and offering supportive measures to students who may have
been impacted by the book removal process. The Agreement also requires the District to
administer a climate survey of the student bodies at each of the District’s middle and high schools
to assess whether additional steps need to be taken.
OCR will monitor the District’s implementation of the Agreement until the District is in
compliance with the terms of the Agreement and the statutes and regulations at issue in this case.
Conclusion
This concludes OCR’s investigation of this complaint This letter should not be interpreted to
address the District’s compliance with any other regulatory provision or to address any issues other
than those addressed in this letter. This letter sets forth OCR’s determination in an individual OCR
case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or
construed as such. OCR’s formal policy statements are approved by a duly authorized OCR
official and made available to the public. The Complainant may have a right to file a lawsuit in
federal court whether or not OCR finds a violation.
Please be advised that the District must not harass, coerce, intimidate, discriminate, or otherwise
retaliate against an individual because he or she has filed a complaint or participated in the
complaint resolution process. If this happens, the Complainant may file another complaint alleging
such treatment.
Under the Freedom of Information Act, it may be necessary to release this document and related
correspondence and records upon request. In the event that OCR receives such a request, we will
seek to protect, to the extent provided by law, personally identifiable information, which, if
released, could reasonably be expected to constitute an unwarranted invasion of personal privacy.
If you have any questions about this letter, please contact Nicole Holcomb, at (202) 987-1871 or
nicole.holcomb@ed.gov.Page 8 – OCR Complaint No. 04-22-1281
Sincerely,
/s/
Jana L. Erickson
Program Manager
_______________________________________________________________
https://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/04221281-b.pdf
Resolution Agreement
Forsyth County Schools
Complaint No. 04-22-1281
Forsyth County Schools (District) enters into this Resolution Agreement (Agreement) to resolve
issues raised in Complaint No. 04-22-1281. The District assures OCR that it will take the following
actions to comply with the requirements of Title IX of the Education Amendments of 1972 (Title
IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulation, 34 C.F.R. Part 106, which prohibit
discrimination on the basis of sex in any education program or activity receiving Federal financial
assistance and Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. § 2000d, and its
implementing regulation, 34 C.F.R. Part 100, which prohibit discrimination on the basis of race,
color, or national origin in programs and activities that receive Federal financial assistance from
the U.S. Department of Education.
Prior to the completion of OCR’s investigation, the District agreed to resolve the issues of this
investigation pursuant to Section 302 of OCR’s Case Processing Manual. This Agreement does
not constitute an admission of wrongdoing or liability by the District pursuant to Title VI or Title
IX. Accordingly, to ensure compliance with Title VI and Title IX and their implementing
regulations, the District voluntarily agrees to the following actions.
I. STATEMENTS CONCERNING BOOK REMOVAL AND OUTREACH TO
STUDENTS
a) The District will post, in locations readily available to the District’s middle and high
school students, a statement providing the following: i) an explanation of the
parameters of the District’s review of books removed from District media centers and
classroom libraries (collectively “school libraries”) in January 2022, including notice
that the review focused on sexually explicit content, and the District did not remove
any book based on the sex, gender, gender identity, sexual orientation, race, national
origin or color of the book’s author or characters; ii) notice that the District strives to
provide a global perspective and promote diversity by including in school libraries
materials about and by authors and illustrators of all cultures and that the District’s
book review criteria for library books includes evaluating whether books promote
diversity by including materials about and by authors and illustrators of all cultures; iii)
an acknowledgement that the environment surrounding removal of books may have
impacted students; iv) notice that any student who feels impacted by the environment
surrounding the removal of books can contact the District’s Title IX/Title VI
Coordinator for supportive measures; v) information about how to file a complaint
about discrimination or harassment based on sex, race, color or national origin with a
link to online forms for filing such complaints as well as the District’s Title IX training
materials; and vi) a statement that the District will take appropriate action regarding
anyone found to have engaged in acts of harassment that create a hostile environment
based on sex, race, color or national origin on District premises or in connection with
District programs or activities.OCR Complaint No. 04-22-1281
Page 2 of 4
b) Within one week of receipt of OCR’s approval of the statement and the proposed
locations for publication and posting, the District will: i) post the statement alongside
the annual notice of nondiscrimination on the District’s website, and ii) publish and
post the statement in the locations approved by OCR.
c) Within three business days of contact from or on behalf of a student about concerns
related to the removal of books in January 2022: i) the Title IX/Title VI Coordinator
will respond to concerns related to an impact based on sex in a manner that is not
deliberately indifferent, including informing the student about the availability of
supportive measures with or without a formal complaint, offering supportive measures,
considering the student’s wishes with respect to supportive measures and explaining
the process for filing a formal complaint; and ii) respond to concerns related to an
impact based on race, color or national origin in a manner that is reasonable, timely,
effective and tailored to redress fully the specific problems the student experienced as
a result of the harassment.
d) Within two weeks of receiving feedback from OCR regarding the District’s responses
to a student contact, the District will fully address OCR’s feedback, until the District
receives notice that no further reporting is required with respect to that student contact.
REPORTING REQUIREMENT I:
a) By July 31, 2023, the District will submit to OCR for approval a draft of the statement
and a plan for the how the District proposes to publish and post the statement. The
District will promptly and fully address OCR’s feedback, if any, until the District
receives OCR’s final approval of the statement and posting locations.
b) Within 30 calendar days of receiving OCR’s final approval of the statement and plan,
the District will submit to OCR weblinks to where the statements were posted, copies
of the publication(s) in which the statement was published, and photos of the locations
within its schools where the statement was posted.
c) Within a week after the end of each semester until monitoring of the Agreement is
closed, the District will provide OCR a list setting out the following regarding each
student contact about the impact of the removal of books: i) the date of the contact,
name of the student or other reporter, the student’s school and the nature of the concern;
and ii) the date(s) and nature of all steps taken by the Title IX/Title VI Coordinator in
response to the concern(s) raised by the student.
d) Within three weeks of receipt of feedback from OCR regarding the District’s response
to a student contact, the District will provide OCR documentation demonstrating how
it has addressed OCR’s feedback.OCR Complaint No. 04-22-1281
Page 3 of 4
II. CLIMATE ASSESSMENT
The District will administer a school climate survey at the District’s middle and high
schools before the end of the first semester of the 2023-2024 school year. The survey can
be part of a larger survey regarding school climate already being used, or planned to be
used, by any of the middle or high schools. The District will identify staff members to
serve as a District Climate Survey Working Group (Working Group), which will make
recommendations to the District regarding the climate survey. The District will designate
one or more employees to coordinate the Working Group’s meetings and activities, and the
employee(s) will be responsible for informing the District of the Working Group’s
recommendations. The District will notify parents of an opportunity to provide input or
comments about the survey to the Working Group. The Working Group will be tasked
with providing the District with recommendations and input regarding strategies for an
effective climate survey. The Working Group’s recommendations to the District will, at a
minimum, address:
a) the prevalence of harassment based on sex, race, color or national origin in the
District’s middle and high schools;
b) the willingness to report incidents of harassment to each middle and high school’s
personnel;
c) the perception of each middle and high school’s handling of reports and complaints of
harassment; and
d) suggestions for reducing incidents of harassment at each middle and high school and
improving those schools’ responses to reports and complaints of harassment.
After the middle and high schools climate survey is completed, the District will review the
results to: (i) assess whether any additional student or other training is needed to further
improve the climate at middle and high schools; (ii) develop a plan to improve the climate
at each middle and high school identified as having climate concerns; and (iii) within 30
calendar days of OCR’s approval of the plan, implement the plan.
REPORTING REQUIREMENT II:
a) By August 15, 2023, the District will provide OCR written notice of the scheduled
climate survey administration date. At least 90 calendar days before the scheduled
climate survey administration date, the designated employee who coordinated the
Working Group will provide to the District Superintendent a written summary of the
Working Group’s recommendations. At least 60 calendar days before the scheduled
climate survey administration date, the District will provide to OCR a report that
includes a copy of the proposed middle and high school climate survey, along with the
District’s explanation of how it plans to implement the middle and high school climate
survey. The District will promptly and fully address OCR’s feedback, if any, until theOCR Complaint No. 04-22-1281
Page 4 of 4
District receives OCR’s final approval of the survey and notice from OCR that no
further reporting is required for Reporting Requirement II a).
b) Within 30 calendar days after the climate survey is conducted, the District will
provide OCR with a copy of the final survey together with a report summarizing the
results of the survey, the assessment of whether additional student or other training is
needed to further improve the climate at middle and high schools and a description of
the plan developed in accordance with Action Item IV above. The District will
promptly and fully address OCR’s concerns, if any, until the District receives notice
from OCR that no further reporting is required for Reporting Requirement II b).
By signing the Agreement, the District agrees to provide data and other
information in a timely manner in accordance with the reporting requirements of the Agreement.
During the monitoring of the Agreement, if necessary, OCR may visit the District, interview staff
and students, and request such additional reports or data as are necessary for OCR to determine
whether the District has fulfilled the terms of the Agreement
The District understands that OCR will not close the monitoring of the Agreement until such time
as OCR determines that the District is in compliance with the terms of the Agreement and the
statute(s) and regulation(s) at issue in the case.
The District understands that OCR may initiate administrative enforcement proceedings or refer
the case to the Department of Justice (DOJ) for judicial proceedings to enforce the specific terms
of the resolution agreement and the applicable statute(s) and regulation(s). Before initiating such
proceedings, OCR will give the District written notice of the alleged breach and 60 calendar days
to cure the alleged breach.
/s/________________________________ _May 19, 2023______________________
Forsyth County Schools Superintendent Date
(If designee, please print title below)
Assoc Supt. HR and Legal Services
