Department of Education

OFFICE FOR CIVIL RIGHTS

Fiscal Year 2011 Budget Request

CONTENTS

Page

Appropriations Language .................................................................................................. CC-1

Amounts Available for Obligation ...................................................................................... CC-2

Obligations by Object Classification .................................................................................. CC-3

Summary of Changes ....................................................................................................... CC-4

Authorizing Legislation...................................................................................................... CC-6

Appropriations History....................................................................................................... CC-7

Activity:

 Office for Civil Rights....................................................................................................... CC-8
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For expenses necessary for the Office for Civil Rights, as authorized by section 203 of 

the Department of Education Organization Act, [$103,024,000] $105,700,000. (Department of 

Education Appropriations Act, 2010.)
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2009 2010 2011

Discretionary appropriation:

Appropriation $96,826 $103,024 $105,700

Transfer to Career, Technical, and Adult -60 0 0

 Education for Adult Education State

 Grants (P.L. 111-32)

Subtotal, appropriation 96,766 103,024 105,700

Unobligated balance expiring -125 0 0

Total, direct obligations 96,641 103,024 105,700

Amounts Available for Obligation

($000s)
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Obligations by Object Classification

($000s)

CHANGE FROM

Object Class 2009 2010 2011 2010 to 2011

11.10 Full-time permanent $53,364 $57,810 $59,358 $1,548

11.31 Full-time temporary 1,055 995 1,013 18

11.32 Part-time 1,929 1,791 1,823 32

11.33 Consultants 2 0 0 0

11.51 Overtime 7 18 18 0

11.52 Awards 557 569 650 81

11.80 Other Compensation 0 0 0 0

 Compensation subtotal 56,914 61,183 62,862 1,679

12.00 Benefits 14,808 15,140 16,430 1,290

13.10 Benefits for former personnel 25 0 0 0

 Comp/benefits subtotal 71,747 76,323 79,292 2,969

21.00 Travel 516 898 900 2

22.00 Transportation of things 29 4 4 0

23.10 Rental Payments to GSA 8,631 8,776 8,867 91

23.31 Communications 683 400 107 (293)

23.32 Postage/fees 5 36 36 0

 Subtotal 23 9,319 9,212 9,010 (202)

24.00 Printing & Reproduction 18 86 86 0

25.10 Advisory and Assistance Svcs 0 0 0 0

25.21 Other Services 1,005 1,166 1,353 187

25.22 Training/Tuition/Contracts 104 311 218 (93)

25.23 Field Readers 0 0 0 0

25.30 Goods/Services from Gov't 3,445 3,204 3,160 (44)

25.40 Operations/Maint of Facilities 0 1 1 0

25.50 Research & Development 0 0 0 0

25.71 Operations/Maint of Equipment 45 0 0 0

25.72 IT Services/Contracts 9,949 11,273 11,119 (154)

 Subtotal 25 14,548 15,955 15,851 (104)

26.00 Supplies 154 223 223 0

31.10 IT Equipment/Software 140 253 264 11

31.30 Other Equipment 1 20 20 0

 Subtotal 31 141 273 284 11

32.00 Building Alterations 169 50 50 0

41.10 Grants 0 0 0 0

41.23B Admin Expense Allowance 0 0 0 0

43.10 Interest and Dividends 0 0 0 0

Total 96,641 103,024 105,700 2,676
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Summary of Changes

($000s)

2010 ................................................ $103,024

2011 ................................................ 105,700

 Net change .............................. +2,676

Change

 2010 base from base

Increases:

 Built in:

Increase in personnel compensation for the 

2.0 percent 2010 and 1.4 percent proposed

2011 pay increases. An additional 5 FTE

are necessary to ensure successful management

of OCR programs and priorities. $60,596 +$1,598

Increase in benefits for OCR‟s share of 

health, retirement, and other benefits. 15,140 +1,290

Increase in rent due to tax increases 

 and lease renewals. 8,776 +91

Program:

Increase in awards to reward and help retain

high performing staff. 569 +81

Small increase in travel. 898 +2

Increase in information technology equipment/

software for EDUCATE. 253 +11

Increase in other services for the IPEDS Fall Staffing 

Survey and Completion Survey, and moving services. 1,166 +187

Subtotal, increases +3,260
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Summary of Changes

($000s)

Change

2010 base from base

Decreases:

Program:

Decrease in communications due to lower

anticipated circuit costs. $400 -$293

Decrease in training due to cost savings realized

through more in-house training. 311 -93

Decrease in goods/services due to lower projected

amount for Situational Awareness Incident Response,

a tool to adjust and track key computer 

security measures. 3,204 -44

Decrease in information technology services 

due to lower EDUCATE costs. 11,273 -154

 Subtotal, decreases -584

 Net change +2,676
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Authorizing Legislation

($000s)

 2010 2010 2011 2011

Activity Authorized Estimate Authorized Request 

Civil rights (DEOA, Section 203) Indefinite $103,024 Indefinite $105,700

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Appropriations History

($000s)

 Budget

 Estimate House Senate 

 to Congress Allowance Allowance Appropriation

2002 79,934 79,934 79,934 79,934

2002 Rescission -268

2003 89,710 86,276 86,276 85,715

2004 91,275 91,275 77,884 88,305 

2005 92,801 90,248 92,801 89,375

2006 91,526 91,526 91,526 90,611

2007 92,866 N/A1 N/A191,2051

2008 93,771 93,771 93,771 89,612

2009 96,826 96,040289,612296,826

2009 Transfer -60

2010 103,024 103,024 103,0243103,024

2011 105,700

1 This account operated under a full-year continuing resolution (P.L. 110-5). House and Senate Allowance 

amounts are shown as N/A (Not Available) because neither body passed a separate appropriations bill.

 2 The levels for the House and Senate allowances reflect action on the regular annual 2009 appropriations bill, 

which proceeded in the 110th Congress only through the House Subcommittee and the Senate Committee.

3 The level for the Senate allowance reflects Committee action only.
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Office for Civil Rights

 (DEOA, section 203)

FY 2010 Authorization ($000s): Indefinite

Budget Authority ($000s):

 

2010 2011 Change

Personnel $76,323 $79,292 +$2,969

Non-Personnel 26,701 26,408 - 293

Total $103,024 $105,700 +$2,676

FTE Level 609 614 5

PROGRAM DESCRIPTION

The mission of the Office for Civil Rights (OCR) is to ensure equal access to education and to 

promote educational excellence throughout the Nation through vigorous enforcement of civil 

rights laws. This is in alignment with the Department‟s mission to promote student achievement 

and preparation for global competitiveness by fostering educational excellence and ensuring 

equal access.

OCR ensures equal access to education by enforcing Federal civil rights laws and implementing 

regulations that prohibit discrimination on the basis of race, color, national origin, sex, disability, 

and age in all programs and institutions that receive financial assistance from the Department. 

These laws are:

 Title VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin 

discrimination);

 Title IX of the Education Amendments of 1972 (prohibiting sex discrimination);

 Section 504 of the Rehabilitation Act of 1973 (prohibiting disability discrimination);

 Age Discrimination Act of 1975 (prohibiting age discrimination); 

 Title II of the Americans with Disabilities Act of 1990 (prohibiting disability discrimination in 

State and local government services __ whether or not programs receive Federal financial 

assistance); and

 Boy Scouts of America Equal Access Act of 2002 (prohibiting public elementary and 

secondary schools, local educational agencies, and State educational agencies from 

denying equal access or a fair opportunity to meet to, or discriminating against, any group 

officially affiliated with the Boy Scouts of America or any other youth group listed as a 

patriotic society in Title 36 of the United States Code).
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These and other civil rights laws extend to a wide range of Federal recipients, including: all 

State educational agencies; approximately 14,000 local educational agencies; nearly 6,500 

postsecondary institutions, including proprietary schools and community colleges; 82 State 

rehabilitation agencies and their sub-recipients; as well as other institutions that receive U.S. 

Department of Education financial assistance, such as libraries, museums, and correctional 

institutions. More than 79 million individuals are beneficiaries of the financial assistance these 

institutions and agencies receive on behalf of the Department.

OCR PROGRAM INFORMATION

OCR„s enforcement of civil rights law is multi-faceted and requires a sufficient number of welleducated and highly trained staff. OCR considers these “knowledge workers” essential to fulfill 

its mission to ensure equal access to educational programs and activities through civil rights law 

enforcement. OCR‟s law enforcement program includes policy development, administrative 

enforcement, and other activities including proactive initiatives. With an annual caseload of 

approximately 6,000 complaints per year, resolving complaints alleging discrimination is the 

core work of the organization.

Moreover, as described throughout this document, OCR promotes compliance with civil rights 

through its extensive technical assistance and outreach activities. These activities include a 

wide range of presentations to and consultations with recipients and covered entities regarding 

civil rights requirements. OCR also issues policy guidance to advise recipients and covered 

entities about their legal obligations and about OCR‟s approach to enforcing and applying civil 

rights laws in various situations. 

Organizational Structure and Staffing

The Office for Civil Rights requires a staffing level of 614 FTEs to support its mission. Currently, 

90 percent of OCR‟s staff are based in 12 enforcement offices throughout the country, and the 

remaining 10 percent occupies OCR‟s Headquarters office. The Headquarters Office and DC 

Metro Enforcement Offices are located in Washington, DC, and the remaining 11 Enforcement 

Offices are located in 10 Regional Centers and 1 Field Office locations throughout the Nation: 

Boston, New York, Philadelphia, Atlanta, Dallas, Chicago, Kansas City, Denver, San Francisco,

Seattle; and Cleveland.

OCR is headed by an Assistant Secretary and a Principal Deputy Assistant Secretary. Deputy 

Assistant Secretaries for Enforcement and Policy report directly to the Principal Deputy 

Assistant Secretary. The Deputy Assistant Secretary for Enforcement is responsible for 

oversight of 12 enforcement offices and two Enforcement Directors. These Enforcement

Directors provide leadership and coordinate compliance activities on a daily basis with the 12 

Enforcement offices. The Deputy Assistant Secretary for Policy oversees the headquarters‟ 

Program Legal Group, the Resource Management Group, and other front office activities. The 

Program Legal Group provides a range of legal services including: developing policy guidance 

on civil rights issues, developing technical assistance materials, and consulting on cases from 

the enforcement divisions. This group also consults with other Department offices on the Civil

Rights Data Collection, oversees data analysis and dissemination, and helps ensure that civil 

rights issues are appropriately addressed within Department programs and 
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initiatives and among Federal agencies. The Resource Management Group supports the Office 

nationwide in the areas of customer service, information technology, budget, procurement, and 

the management of human capital.

Boston

New York City

Philadelphia

Washington, D.C.

(Headquarters

and field office)

Regional Offices

Field Offices

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FY 2011 Headquarters/Regional Staff

Seattle

San

Francisco Denver Kansas

City

Chicago

Atlanta

Dallas

Cleveland

Regional & Field Offices: 548 FTE

Headquarters: 66 FTE Total Ceiling: 614 FTE

Funding levels for the past 5 fiscal years were as follows:

 ($000s)

2006 ........................................................................... $90,611

2007 ............................................................................. 91,205

2008 ............................................................................. 89,612

2009 ............................................................................. 96,826

2010 ........................................................................... 103,024

FY 2011 BUDGET REQUEST 

The total FY 2011 request is $105.700 million with a Full-Time Equivalent (FTE) level of 614. 

This request is a $2.676 million or 2.6 percent increase over the FY 2010 level of 

$103.024 million.
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 The Personnel Compensation and Benefits (PC&B) request of $79.292 million is an 

increase of $2.969 million over the FY 2010 level of $76.323 million due to the proposed 

Federal Government pay and benefits increases. OCR‟s FTE has increased by 5 FTE 

over the 2010 level to 614 FTE. The additional FTE will ensure successful management 

of OCR‟s enforcement programs and priorities.

 OCR‟s FY 2011 share of the Department‟s Centralized Services (overhead) amount of 

$21.309 million reflects a decrease of $210,000 below the FY 2010 level of 

$21.519 million.

 Non-Personnel costs, excluding centralized services, will be $5.099 million, or $83,000 

less than the FY 2010 level of $5.182 million. In addition to the Civil Rights Data 

Collection (CRDC) and analysis, non-personnel costs are primarily for travel, training, 

legal services, and software support to operate OCR‟s Case and Activity Management 

System (CAMS). 

FY 2011 BUDGET

(Dollars in Millions)

Total: $105.700

FTE: 614

Personnel Costs

For FY 2011, PC&B costs are 75 percent of the request, or $79.292 million. This is 

$2.969 million over the FY 2010 level of $76.323 million for PC&B to support a staffing level of 

614 FTE. Over the past 8 years, from 2002 to 2009, OCR reduced its staffing level by

*Non-Personnel:

Travel

Trans. of things

Printing

Consultants

Training

Communications

Copier rentals

Supplies

Non-IT equip/

furniture

Technology

Building alterations

Personnel

$79.292

75%

(includes 

overtime & 

awards)

Centralized 

Services

$21.309

20.2%

*NonPersonnel

$5.099

4.8%
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17 percent even though complaint receipts increased by 27 percent. The following chart 

compares actual complaints received and FTE levels from 2002 to 2009, and estimates for 2010

and 2011.

OCR reduced its 2009 budgeted FTE level to 595 from the 2008 level of 614; the actual usage

in 2009 was 582. OCR anticipates filling key positions currently vacant in 2010, resulting in 

anticipated FTE usage of 609. The 2011 requested FTE level is 614. The PC&B request will

cover the FY 2010 Governmentwide pay raise of 2 percent and as well as the FY 2011 

proposed pay raise of 1.4 percent and historically based increases for benefits.

Awards & Overtime

OCR is requesting $650,000 for awards and $18,000 for overtime. The level for awards is an 

increase of $81,000 over FY 2010. OCR rewards staff based upon performance. The

requested amount will enable OCR to provide appropriate recognition for high performance and 

will compensate those who work additional hours to complete work in tight deadlines, consistent 

with departmental policy. 

Non-Personnel Costs

Non-personnel costs are critical to ensure that OCR staff has the required resources to 

accomplish its mission of civil rights enforcement. The total request for non-personnel activities 

in FY 2011, excluding departmental centralized services, is $5.099 million, which is a decrease 

of $83,000 from the 2010 level, due to cost savings in training. The CRDC will be level-funded 

at $3.203 million. The requested non-personnel funds will provide program support to resolve 

complaints of discrimination filed by the public and to ensure that institutions receiving Federal 

financial assistance are in compliance with the civil rights laws enforced by OCR. 

500

550

600

650

700

750

FTE Level

5,000

5,200

5,400

5,600

5,800

6,000

6,200

6,400

6,600

Complaints Received

FTE Usage 698 672 655 640 630 614 614 582 609 614

Complaints Received 5,019 5,141 5,044 5,533 5,805 5,894 6,194 6,364 6,400 6,400

FY 02 FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 FY 10 FY 11
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Below is a summary of the resources required for OCR to carry out its mission:

Information Technology Services/Contracts — OCR is requesting a total of $3.391 million, levelfunded with FY 2010. The funds in this area cover the Case and Activities Management System

(CAMS; $188,000) and the Civil Rights Data Collection and Analysis (CRDC; 

$3.203 million). More information on these activities is provided on pages 21 and 18,

respectively.

Printing — The request of $86,000 for printing is the same as the FY 2010 level. Funds 

requested are for printing regulations, policy guidance, pamphlets, Dear Colleague letters, the 

annual report to Congress, personnel recruitment advertisements, and OCR letterhead; and for 

restocking OCR‟s publications inventory.

Travel — OCR is requesting a travel budget of $900,000, an increase of $2,000 over the 

FY 2010 level. The majority of OCR‟s travel is directly associated with investigating complaints, 

conducting compliance reviews, monitoring corrective action plans, providing technical 

assistance, and conducting other compliance activities. Complaint investigations and 

compliance reviews often require staff to go onsite to gather data and conduct interviews to 

determine if civil rights laws have been violated. Travel costs are also associated with training, 

conference attendance, workshops, invitational speakers, and OCR-wide management 

meetings in central locations. Additionally, OCR will redirect staff resources to provide technical 

assistance to ensure that funds provided to recipients under the American Recovery and 

Reinvestment Act (ARRA) are spent in a manner that complies with civil rights laws. If funds 

are not provided at the requested level, OCR‟s ability to conduct onsite investigations and 

proactive activities, and to train enforcement office staff would be greatly diminished, thus 

negatively impacting OCR‟s law enforcement program. 

Training — OCR is requesting a training budget of $62,000, which is a projected cost savings of 

$100,000 from the FY 2010 level. Savings will be achieved by conducting more in-house and 

onsite training. A significant number of OCR staff will be eligible for retirement by FY 2011 and 

will be replaced by those with less experience. Funds requested will enable OCR to implement 

a training and development strategy to ensure that OCR employees receive adequate 

programmatic and professional development to keep pace with the changing work environment 

and the investigative approach to case processing. The strategy includes internal and external 

training on leadership development and supervision; policy and civil rights case law; innovative 

investigative techniques; nationwide quality, consistency, and efficiency in case processing; and 

the expanded use of electronic systems for case management.

Communication/Copier Rentals and Operations and Maintenance of Facilities — OCR is 

requesting a total of $96,000, no change from the FY 2010 level. The funds are needed for 

existing copier rental agreements ($95,000) and maintenance of facilities ($1,000).

Other Services/Interagency/Transportation — OCR is requesting a total of $274,000, an 

increase of $15,000 above the 2010 level. The request includes:
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 Integrated Postsecondary Education Data System (IPEDS) Web-Based Data Collection

Completions and Fall Staffing Surveys ($40,000). This is an increase of $15,000 above the 

FY 2010 level. The IPEDS surveys are conducted in collaboration with the National Center 

for Education Statistics for postsecondary institutions that award undergraduate, graduate, 

and professional degrees. For the IPEDS completions survey ($20,000), data are collected 

on student enrollment by race, ethnicity, and sex in postsecondary educational institutions. 

For the IPEDS fall staffing survey ($20,000), data are collected by race, ethnicity, and sex 

on professional teaching staff, administrative personnel, and general employees of 

postsecondary education institutions. 

 Legal Research Services ($100,000) — This is level-funded with FY 2010. A contract 

provides an automated full-text legal information system that offers online access to 

continuously updated and archived Federal and State case law, statutes of all 50 States, 

legal publications, and law reports. If this project is not funded, it would eliminate the ability 

of attorneys to conduct desktop legal research and would necessitate their spending 

valuable time out of the office conducting legal research.

 All Other Services/Interagency/transportation ($134,000) — These areas are level-funded 

with FY 2010. They include ED Pubs ($50,000); conference space rentals ($36,000); 

interagency services for General Services Administration leased vehicles and equipment 

($44,000); and transportation of things ($4,000).

Supplies — OCR is requesting $220,000, which is level-funded with FY 2010. A significant 

amount of supply funds is used to purchase and renew educational journal subscriptions and 

other legal publications in order to maintain updated materials in OCR‟s law libraries. Funds are 

also spent on copier paper, case file folders, and needed office supplies. 

Equipment/Furniture and Building Alterations — OCR is requesting $70,000 for furniture/ 

equipment and building alterations, which is level-funded with FY 2010. The equipment/

furniture funds will be used for unusual and special orders. Funding for building alterations 

includes additions and modifications made to the building structure, lighting improvements, and 

other costs to improve working conditions, or to better utilize existing space that could lead to 

cost savings in rent charges.

Departmental Centralized Support 

Approximately 81 percent of the total non-personnel budget request is to cover OCR‟s share of 

the Department‟s centralized services. The FY 2011 request is $21.309 million, a decrease of 

$210,000 from the FY 2010 level of $21.519 million. The funding request will cover the cost of 

services such as: rent; training; records information management support services; and 

interagency agreements for administrative services provided by other Federal agencies, such as 

payroll processing, overtime utilities, training coordinator and career counseling; and the 

EDUCATE contract that covers telecommunications, IT processing services, network support, 

end-user support, maintenance, and improvements.
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PROGRAM OUTPUT MEASURES

OCR is a civil rights law enforcement agency whose focus is resolving complaints alleging 

discrimination in federally funded educational programs and activities. The following chart 

shows the number of complaint receipts and resolutions since FY 2001. Actual data are shown 

for FYs 2002-2009, and estimates are shown for FYs 2010 and 2011. 

Complaint Receipts and Resolutions

FYs 2002 – 2011

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Resolutions 4,842 5,246 4,968 5,365 5,893 5,737 5,943 6,150 6,150 6,150

Receipts 5,019 5,141 5,044 5,533 5,805 5,894 6,194 6,364 6,400 6,400

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

OCR provides information to the public on its activities that include assistance on how to file 

complaints. As of September 30, 2009, for FY 2009, complaints alleging discrimination on the 

basis of disability comprise 47 percent of total complaint receipts, as shown in the following 

chart.
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FY 2009 Complaint Caseload by Jurisdiction

(October 1, 2008- September 30, 2009)

PROGRAM PERFORMANCE INFORMATION

Performance Measures

OCR‟s performance measures are designed to assess the efficiency and accessibility of the 

complaint resolution process. The first performance measure has two targets encompassing 

OCR‟s entire complaint workload: 80 percent of complaints with due dates in the relevant fiscal 

year are resolved in 180 days and no more than 25 percent of pending complaint workload is 

over 180 days old. Together, the two targets hold OCR accountable for efficient case 

resolution.

OCR‟s second performance measure looks at customer satisfaction through a customer service 

survey that is distributed after case resolution to both complainants and recipients. The survey 

measures courteous and considerate treatment of customers, prompt communication (oral and 

written) and clear and responsive communication (oral and written), and whether the customer 

was kept informed about his or her case. Based on responses to the survey in FY 2005, OCR‟s 

customer satisfaction performance baseline was established at 3.66 (on a scale of 1 through 5). 

The score for FY 2009 was 3.93.
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Current performance measures for complaint workload:

Measure: Percentage of complaints resolved within 180 days.

Year Target Actual

2006 80 91

2007 80 93

2008 80 91

2009 80 92

2010 80

2011 80

Measure: Percentage of complaints pending over 180 days.

Year Target Actual

2006 < 25 21

2007 < 25 18

2008 < 25 18

2009 < 25 15

2010 < 25

2011 < 25

Measure: Mean score of customer satisfaction survey.

Year Target Actual

2006 3.66 3.84

2007 3.66 3.96

2008 3.66 3.99

2009 3.66 3.93

2010 3.66

2011 3.66

Civil Rights Compliance and Enforcement

From FY 2002 to 2011, OCR‟s complaint receipts have risen 28 percent, from 5,019 to a 

projected 6,400. Complaint investigation is a labor-intensive activity. A variety of techniques 

are used to resolve complaints. OCR‟s complaint resolution process was outlined most recently 

in OCR‟s Case Processing Manual (CPM), issued in March 2008. Under some circumstances, 

OCR facilitates a voluntary resolution between the parties. More typically, however, once a 

complaint has been evaluated and the allegations are found to be within OCR‟s jurisdiction, an 

investigation is conducted. Agreements are negotiated with recipients when compliance 

concerns are established. Once an agreement is reached, OCR monitors the agreement‟s 

implementation until the recipient remediates all necessary action. If the recipient is unwilling to 

negotiate with OCR or if the negotiations reach an impasse, OCR issues a Letter of Findings.
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The recipient is then given another opportunity to negotiate a remedy before OCR issues a 

Letter of Impending Enforcement Action and initiates and conducts enforcement proceedings 

through an administrative hearing or refers the case to the Department of Justice (DOJ).

Over the last decade, approximately 52 percent of OCR‟s complaint receipts have alleged 

disability discrimination. OCR intends to maximize the impact of resources spent on these 

investigations by expanding its proactive compliance and technical assistance activities under 

Section 504 and Title II. OCR‟s National Enforcement Strategy includes activities in the area of 

disability, addressing such issues as: equal access to education for disabled veterans, 

overrepresentation of minorities in special education, misidentification of language minority 

students in special education, physical accessibility to postsecondary education programs and 

facilities, and the transition of students with disabilities from high school to college.

Significant Projects and Initiatives

Boy Scouts of America Equal Access Act 

OCR has developed information to aid staff in enforcing the Boy Scouts Act and its 

implementing regulations. The Boy Scouts Act regulation requires public elementary and 

secondary schools, local educational agencies (LEAs), and State educational agencies (SEAs) 

that receive funds made available through the Department to submit an assurance of 

compliance with the law. In FY 2009, OCR continued to followup with any LEA or SEA that had 

not submitted the assurance of compliance form as initially requested in FY 2006. OCR has 

obtained OMB approval to continue to distribute assurance forms to recipients as needed. 

Civil Rights Data Collection 

Historically, the Civil Rights Data Collection (CRDC) has collected school and district level civil 

rights data directly from a sample of approximately 6,000 school districts. This contrasts to 

other data collections within the Department where data (including district- and school-level 

data) are collected by SEAs, which compile and report the data to the Department. The 

EDFacts system collects data directly from LEAs using the Web-based EDEN Survey Tool 

(EST). OCR cancelled its regularly scheduled 2008-2009 CRDC due to budgetary constraints. 

OCR notified school districts that it will instead be conducting a 2009-2010 CRDC, as well as 

the regularly scheduled 2010-2011 CRDC. The anticipated cost of the 2010-2011 CRDC is 

$3.2 million.

Use of Race in Admission to Educational Institutions

OCR is reviewing recent Supreme Court decisions on the use of race in admission and/or 

student assignment to educational institutions. OCR will review its policies and issue 

clarifications, as appropriate, to provide recipients with policies and technical assistance. OCR 

will also address use of race issues in the context of its enforcement work and in OCR‟s civil 

rights reviews of Magnet School Assistance Program grant applications. OCR will also support 

OCR Enforcement Offices in their analyses of these issues, and will provide staff with 

investigative and other guidance as necessary. 

Access to College Preparatory Curriculum

In some school districts, college-prep courses and Advanced Placement (AP) courses are not 

as readily available in schools with large minority populations, and minority students are often 

underrepresented in such courses. Given the recognized value of these courses, including as 
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predictors of college completion and as contributors to college success, OCR will engage in 

enforcement and technical assistance activities to ensure equal access to college prep, AP, and 

other intense academic high school classes for minority and Limited English Proficient (LEP) 

students. 

Outreach to Limited English Proficiency (LEP) Parents and the Misidentification of LEP Students 

in Special Education

OCR will continue its enforcement and technical assistance activities to ensure recipients 

comply with their obligations under Title VI and the Supreme Court‟s ruling in Lau vs. Nichols to 

provide appropriate services to students with limited English proficiency. OCR will continue its 

proactive initiative to increase proper communications with LEP parents and to avoid 

misidentification of LEP students in special education. While special education programs are 

essential to ensuring that students with disabilities receive an appropriate education, studies 

have documented discrepancies in the rates of referral and placement of LEP students in 

special education. OCR‟s compliance reviews, focusing on school districts with a 

disproportionately high percentage of LEP students in special education, will determine whether 

national-origin minority students have been subjected to discrimination on the basis of their LEP 

in the referral, evaluation, and placement in special education programs. Consistent with 

research regarding the value of early childhood education, OCR will also focus attention on 

access to pre-K programs for young LEP and low-income children. OCR's activities will include 

technical assistance and outreach to parents of LEP students so that they can actively 

participate in their children‟s education. 

Overrepresentation and Underservice of Minorities in Special Education

To promote compliance with the non-discrimination mandates of Title VI and Section 504 of the 

Rehabilitation Act, OCR will continue to conduct compliance reviews focusing upon 

inappropriate placement of minority students in special education and those not receiving 

services under the law. Where investigations reveal that school districts are not in compliance 

with Title VI and/or Section 504, OCR will take appropriate action, including negotiating and 

monitoring agreements with school districts to remedy violations.

Title IX Compliance Initiative

OCR will continue to conduct its initiative to promote compliance with the non-discrimination 

mandates of Title IX, with particular emphasis on the underrepresentation of women in science, 

technology, engineering, and mathematics (STEM) fields and equal opportunity in athletics. As

part of this initiative, OCR will review its policies and issue clarifications as appropriate to 

provide recipients with policies, technical assistance, and self-evaluation tools to help them 

come into compliance. In addition, OCR will initiate proactive compliance reviews, as well as 

give presentations on the subject to stakeholders, including elementary, secondary, and 

postsecondary institutions. 

Sexual Harassment and Bullying Initiative

OCR is committed to addressing issues of sexual harassment and bullying in the Nation‟s 

schools. OCR will conduct compliance reviews related to sexual harassment and bullying in 

schools to ensure that students have a safe and secure educational environment that affords 

them equal educational opportunities, regardless of their sex.
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Assurances of Compliance with the Civil Rights Laws

Each of the civil rights laws OCR enforces require recipients of Federal financial assistance to 

submit to the Department a signed assurance of compliance with these laws. OCR uses an 

OMB-approved form to secure signed assurances of compliance from recipients. In FY 2009, 

OCR accelerated its efforts to secure recipients‟ signed assurances of compliance from 

recipients who had not returned their signed forms. OCR will continue to implement a strategy 

to secure recipients‟ compliance with this obligation, including through formal enforcement 

action, if necessary. 

Public Education and Technical Assistance Regarding School Closures

In areas where communities may have concerns about proposed and actual school closures, 

OCR will work with parents, students, and other community members to foster understanding 

about how school closure may result in increased compliance with students‟ right to equal 

educational opportunity, and to support communities in gaining familiarity with and advocating 

for those rights.

Compliance with OMB‟s Bulletin on Good Guidance Practices 

OMB issued new requirements for Federal agencies for developing and distributing new 

significant guidance documents and in posting existing significant guidance documents on 

agency Web sites. These requirements address drafting and using language, agency 

clearance, OMB notification and review, posting on agency Web sites, public input through 

public comment, and the filing of public complaints. OCR is working with OGC and other offices 

in the Department to implement these requirements. Among other developments, OCR‟s 

significant guidance documents have been published on the Department‟s Web site (see 

http://www.ed.gov/policy/gen/guid/significant-guidance.doc). The Web site will be updated as 

appropriate. OCR will also work with OGC to implement any necessary revisions to the process 

of identifying and posting significant guidance documents that is necessitated by Executive 

Order 13497 (Jan. 30, 2009), regarding Federal agency regulatory planning and review.

Management Tools and Activities Supporting Civil Rights Enforcement

National Enforcement Strategy 

OCR‟s National Enforcement Strategy contains proactive activities such as: efforts to ensure 

equal access to education for minority students, including those with limited English proficiency; 

addressing overrepresentation of minorities in special education; addressing misidentification of 

language minority students in special education; facilitating the transition of students with 

disabilities from high school to college; establishing a training initiative on Title IX compliance; 

and conducting studies and/or analyses of several high priority civil rights issues such as nondiscriminatory access to Advanced Placement courses for students with disabilities and minority 

students. In addition to starting new compliance reviews and numerous technical assistance 

activities, OCR will continue resolving open reviews and monitoring resolution agreements. 

Quality Improvement and Review Program

OCR‟s Quality Improvement and Review Program was established to identify best investigative 

practices and facilitate measurable reduction of errors in case processing. Cases are reviewed

to identify the best practice approaches to case investigation, and analytical models are shared

among all enforcement offices to enhance the quality, efficiency, and consistency of OCR‟s 
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investigative work nationwide. The number of cases overturned on appeal are reported and 

monitored.

Training 

OCR will continue to implement its national training and developmental strategy, ensuring that 

OCR employees receive adequate programmatic and professional development. Staff training 

and development provides opportunities for staff to participate in leadership programs, 

supervisory training, policy conferences, and continuing legal education. It incorporates 

ongoing training on use of the CPM to promote consistent application of OCR‟s case 

management process. 

OCR has completed development of its first Web-based training course. It is available to all 

OCR staff through the online Learning Management System. The comprehensive course 

provides a greater understanding of the requirements and methodology necessary to perform 

high quality OCR investigations.

Information Technology Tools and Activities Supporting Civil Rights Enforcement

Case and Activities Management System 

OCR‟s Case and Activities Management System (CAMS) tracks both OCR‟s case-related and 

non-case related activities. CAMS also includes an electronic document management system 

(DMS) function for document management, storage, and retrieval. OCR provides staff CAMS 

training on the System‟s functionality to increase productivity and is expanding the use of CAMS 

within OCR components. Software upgrades and maintenance are performed annually.

Electronic Policy Library

The Electronic Policy Library now has a comprehensive Web-based library reference tool, 

developed so that OCR staff can gain a quick understanding of unfamiliar areas of law and 

policy. The Library also contains succinct narrative explanations of OCR‟s statutory jurisdictions 

with annotated references to current policy and key case law incorporated in an easy-to-use 

reference guide. Retention of this information in an accessible electronic format leverages 

technology to simplify the management and distribution of knowledge throughout OCR. OCR 

will review and revise, as necessary, the Electronic Policy Library to ensure information remains 

current. 

Electronic Records Management 

Policies and procedures will be developed for storing and sharing documents created or 

received in OCR. All Privacy and Confidentiality issues will be handled in full compliance with 

the Federal Information Security Management Act of 2002. A thorough Privacy Impact 

Assessment will be performed to identify all instances of personally identifiable information and 

a plan for the security of that data will be implemented. All existing electronic case-related 

documents will be stored in the document management system. A pilot project is being 

conducted in one field office to convert all case-related documents into an electronic format as 

they are received. After the pilot project is evaluated, a plan will be developed for agency-wide 

implementation of fully electronic case files throughout OCR. OCR plans to integrate the 

recordkeeping capabilities of records management (RM) with OCR‟s current work processes as 

well. Currently paper files are the official copies until the electronic RM system and program is 

implemented.