Department of Education

OFFICE FOR CIVIL RIGHTS

Fiscal Year 2021 Budget Request

CONTENTS

Page

Appropriations Language ......................................................................................................AA-1

Amounts Available for Obligation ..........................................................................................AA-2

Obligations by Object Classification ......................................................................................AA-3

Summary of Changes ...........................................................................................................AA-4

Authorizing Legislation..........................................................................................................AA-5

Appropriations History...........................................................................................................AA-6

Significant Items in FY 2020 Appropriations Reports.............................................................AA-7

Activity: 

Office for Civil Rights ........................................................................................................AA-9

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Appropriations Language

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the 

Department of Education Organization Act, $130,000,000. (Department of Education 

Appropriations Act, 2020.)
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Amounts Available for Obligation

(dollars in thousands) 

Appropriation and Adjustments 2019 2020 2021

Discretionary appropriation: 

Discretionary budget authority:Appropriation.......................................................... $125,000 $130,000 $130,000

Discretionary budget authority:Unobligated balance, expiring ................................ 0 0 0

Total, direct obligations..................................... 125,000 130,000 130,000
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Obligations by Object Classification

(dollars in thousands)

Obj ect class num ber Object Class

2019 

Actual 

2020

Appropriation 

2021 

Request

Change from 

2020 to 2021

11.10 Full-time permanent $58,692 $70,303 $71,784 +$1,481

11.31 Full-time temporary 849 980 995 +15

11.32 Part-time 1,146 857 871 +14

11.33 Consultants 0 0 0 0 

11.51 Overtime 571 40 40 0

11.52 Awards 478 678 678 0

11.80 Other Compensation 21 0 0 0 

Subtotal R ow

 Subtotal, Personnel Comp. 61,757 72,858 74,368 +1,510

12.00 Benefits 20,011 23,711 24,446 +735

13.1 Benefits for Former Personnel 0 0 0 0

Subtotal R ow

 Subtotal, Per. Comp. & Ben. 81,768 96,569 98,814 +2,245

21.00 Travel 752 965 795 -170

22.00 Transportation of things 9 0 0 0 

23.10 Rental Payments to GSA 6,233 9,826 9,143 -683

23.31 Communications 6 10 10 0

23.32 Postage/fees 32 17 17 0 

Subtotal R ow

 Subtotal, 23 6,271 9,853 9,170 -683

24.00 Printing & Reproduction 3 5 5 0 

25.1 Advisory and Assist Serv 0 0 0 0

25.21 Other Services 6,767 1,525 1,414 -111

25.22 Training/Tuition/Contracts 248 509 529 +20

25.30 Goods/Services from Gov't 5,193 2,173 2,228 +55

25.71 Operations/Maint of Equipment 1 1 1 0

25.72 IT Services/Contracts 22,689 17,805 16,432 -1,373

Subtotal R ow

 Subtotal, 25 34,898 22,013 20,604 -1,409

26.00 Supplies 88 104 104 0

31.10 IT Equipment/Software 259 491 508 +17

31.30 Other Equipment 41 0 0 0 

Subtotal R ow

 Subtotal, 31 300 491 508 +17

32.00 Building Alterations 794 0 0 0 

Total Row

Total, obligations 124,883 130,000 130,000 0 
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Summary of Changes

(dollars in thousands) 

2020.................................................................................................. $130,000

2021.................................................................................................. 130,000

Net Change................................................................ 0

Increases:

2020

Appropriation 

Change from

Appropriation 

Built in

Increase in Personnel Costs & Benefits (PC&B) $96,569 +$2,245

Program: 

Increase in training 509 +20

Increase in goods/services from the Government 2,173 +55

Increase in IT equipment/software 491 +17

Subtotal, increases +2,337

Decreases:

Built-in:

Decrease in rent to GSA $9,826 -$683

Program: 

Program Decrease in travel 965 -170

Decrease in other services 1,525 -111

Decrease in IT services contracts 17,805 -1,373

Subtotal, decreases -2,337

Net Change 0 
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Authorizing Legislation

(dollars in thousands) 

Activity

2020

Authorized

2020

Appropriation 

2021

Authorized

2021

Request

Civil Rights (DEOA)..................................................... Indefinite $130,000 Indefinite $130,000

Total appropriation................................................... 130,000 130,000
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Appropriations History

(dollars in thousands) 

Year

Budget 

Estimate 

to Congress

House 

Allowance Footnote

Senate 

Allowance Footnote AppropriationFootnote

2012 $107,772 $102,8181 $102,8181 102,624

2013 102,624 102,6242 102,6242 98,356

2014 98,356 N/A3 98,356 98,356

2015 102,000 N/A3 102,0004 100,000

2016 130,691 100,0005 100,0005 107,000

2017 137,708 100,0006 110,0006 108,5006

2018 106,797 108,5007 117,0007 117,0007

2019 107,438 117,0008 125,0008 125,0008

2020 125,000 130,000 125,0009 130,0009

2021 130,000

1 The level for the House allowance reflects an introduced bill and the level for the Senate allowance 

reflects Senate Committee action only.

2 The levels for the House and Senate allowances reflect action on the regular annual 2013 

appropriations bill, which proceeded in the 112th Congress only through the House subcommittee and the

Senate Committee.

3 The House allowance is shown as N/A because there was no Subcommittee action.

4 The level for the Senate allowance reflects Senate Subcommittee action only.

5 The levels for House and Senate allowances reflect action on the regular annual 2016 appropriations 

bill, which proceeded in the 114th Congress only through the House Committee and Senate Committee.

6 The levels for the House and Senate allowances reflect Committee action on the regular annual 2017 

appropriations bill; the Appropriation reflects the Consolidated Appropriations Act, 2017.

7 The level for the House allowance reflects floor action on the Omnibus appropriations bill; the Senate 

allowance reflects Committee action on the regular annual 2018 appropriations bill; the Appropriation 

reflects the Consolidated Appropriations Act, 2018 (P.L. 115-141).

8 The levels for the House and Senate allowance reflect Committee action on the regular annual 2019 

appropriations bill; the Appropriation reflects enactment of the Department of Defense and Labor, Health 

and Human Services, and Education Appropriations Act, 2019 (P.L.115-245).

9 The Senate allowance reflects the Chairman’s mark; the Appropriation reflects the Further Consolidated 

Appropriation Act, 2020 (P.L. 116-94) 
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Significant Items in FY 2020 Appropriations Reports 

OCR Civil Rights Data Collection

Managers’ 

Statement 

The agreement directs the Department to provide a briefing to the 

appropriation and authorizing Committees within 90 days of enactment of this 

Act on the proposed changes, how the changes reflect civil rights enforcement 

needs, information on the comments received on the proposal, an evaluation 

of the 2017-18 CRDC, and any impact on the mission and purpose of the 

CRDC and the Office for Civil Rights. 

Response The Department will submit a briefing to the Committees as directed.

House The Committee encourages OCR to obtain data through the Civil Rights Data 

Collection on access to K–12 computer science education and computational 

thinking education, and to submit a report of its findings, within 180 days of 

enactment of this Act, to the Committees on Appropriations and the 

authorizing committees of jurisdiction. The data obtained should include the 

number of computer science and computational thinking classes offered in 

elementary and secondary schools, the number of students enrolled in these 

classes disaggregated by race, sex, disability according to the Individuals with 

Disabilities Education Act, and English Learner status, and the number of 

teachers in elementary and secondary schools with computer science 

certifications. The agreement directs the Department to provide a briefing to 

the appropriation and authorizing Committees within 90 days of enactment of 

this Act on the proposed changes, how the changes reflect civil rights 

enforcement needs, information on the comments received on the proposal, 

an evaluation of the 2017-18 CRDC, and any impact on the mission and 

purpose of the CRDC and the Office for Civil Rights. 

Response The Department will submit a briefing of its findings to the Committees as 

directed.

OCR School Discipline Rates and Recommendations

House OCR should submit to the Committees on Appropriations, no later than 180 

days after the enactment of this Act, and annually thereafter, a report detailing 

school discipline in all preschool and K–3 classrooms, including disaggregated 

data and any disparities by subgroup in disciplinary rates. The report should 

also include specific recommendations given to schools on expulsions and 

suspensions— including evidence-based interventions, consumer education 

specific to each school, and opportunities to improve school climate. 

Response The Department will submit an annual report to the Committees as directed.
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OCR Full-Time Equivalency (FTE) Discrepancy 

House The Joint Statement accompanying the Department of Education 

Appropriations Act, 2019, directed the Department to submit quarterly reports 

on FTE levels and attrition. The first report was submitted to the Committees 

on Appropriations on February 11, 2019. In the report, OCR showed 510 FTE 

for the first quarter of 2019. Yet, the fiscal year 2020 budget request shows 

the number of FTE in fiscal year 2019 at 625. The Committee is concerned 

about this discrepancy and expects the Department to explain how it 

onboarded 115 FTE between the time the first report was submitted and the 

end of fiscal year 2019 in the fiscal year 2021 Congressional Budget 

Justification. 

Response The Department will continue to submit quarterly reports to the Committees 

and explain the FTE discrepancy in the fiscal year 2021 Congressional Budget 

Justification as directed.

OCR Increase of Full-Time Equivalency (FTE)

House The Committee directs OCR to use this appropriation to increase its level of 

full-time equivalent (FTE) employment in order to effectively and timely 

investigate complaints; execute and accurately report the civil rights data 

collection; thoroughly monitor corrective actions of institutions and meet other 

critical workloads.

Response The Department will continue to submit quarterly reports to the Committees 

and explain the FTE discrepancy in the fiscal year 2021 Congressional Budget 

Justification as directed.

OCR Seclusion and Restraint Data

House The agreement strongly urges the Assistant Secretary for the Office for Civil 

Rights to take immediate steps in the ongoing 2017-2018 CRDC to improve 

the accuracy of the data, to remind and clarify for all schools and school 

districts to only report zero incidents of seclusion and restraint when no 

incidents have occurred, to leave cells blank for missing or incomplete data, 

and to contact schools and school districts that already submitted data for the 

2017-2018 CRDC and verify the accuracy of the data. Finally, the agreement 

strongly urges the Assistant Secretary to monitor compliance with action plan 

requirements for missing data, and ensure plans are submitted and address 

all missing data. The agreement requests an update on these efforts in the 

fiscal year 2021 Congressional Justification.

Response The Department has taken significant steps to improve many aspects of the 

CRDC. Those efforts are detailed in the Department’s response to 

Government Accountability Office (GAO) dated December 18, 2019.
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Office for Civil Rights 

(Department of Education Organization Act, Section 203)

(dollars in thousands)

FY 2021 Authorization: Indefinite

Budget Authority:

Annual Fund 2020 2021 Change from

2020 to 2021

Personnel Compensation and Benefits 

Costs

$95,112 $97,165 +$2,053

Non-Personnel Costs 34,888 32,835 -2,053

Total 130,000 130,000 0 

FTE 589 592 +3

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 mission is in alignment with the Department’s mission to promote educational 

excellence and ensure equal access.

OCR’s law enforcement function is to ensure that institutions, programs, and activities that 

receive financial assistance from the Department and other covered entities comply with the 

Federal civil rights laws enacted by Congress. OCR fulfills this responsibility by enforcing six 

civil rights laws and their implementing regulations that prohibit discrimination on the basis of 

race, color, national origin, sex, disability, age, and equal access to school facilities for the Boy 

Scouts of America or other groups identified by Congress as patriotic societies. 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 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, 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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Under Title VI, Title IX, Section 504, and the Age Discrimination Act, OCR has jurisdiction over 

institutions that receive Federal financial assistance from the Department and institutions for 

which OCR has been delegated authority from other Federal agencies. Under Title II, OCR has 

jurisdiction over public elementary and secondary education systems and institutions, public 

institutions of higher education and vocational education (other than schools of medicine, 

dentistry, nursing, and other health-related schools), and public libraries, regardless of whether 

these institutions receive Federal financial assistance. Under the Boy Scouts Act, OCR has 

jurisdiction over public elementary schools, public secondary schools, local educational 

agencies and State educational agencies that receive funds made available through the 

Department.

The six civil rights laws for which OCR has enforcement responsibility extend to a wide range of 

entities, including: all State educational agencies; local educational agencies; postsecondary 

institutions, including proprietary schools and community colleges; State vocational 

rehabilitation agencies and their sub-recipients; as well as libraries, museums, and correctional 

institutions. More than 80 million individuals are beneficiaries of the financial assistance these 

institutions and agencies receive on behalf of the Department.

Funding levels for the past 5 fiscal years were:

Fiscal Year (dollars in thousands)

Footnotes

2016.................................................................................... 107,000

2017.................................................................................... 108,500

2018.................................................................................... 117,000

2019.................................................................................... 125,000

2020.................................................................................... 130,000

FY 2021 BUDGET REQUEST

For fiscal year 2021, the Administration requests $130 million for the OCR, level with the fiscal 

year 2020 appropriation. Funds would support an FTE level of 592 and would provide for the 

resources essential for OCR to deliver on its statutory and regulatory mandates. 

• The Personnel Compensation and Benefits (PC&B) request of $98.8 million is $2.2

million more than the fiscal year 2020 appropriation. The fiscal year 2021 request will 

support PC&B costs associated with an FTE level of 592, an increase of 3 from the fiscal 

year 2020 level. 

• The Non-Personnel Costs, excluding Departmental Centralized Services request of 

$5.6 million is $273,000 less than fiscal year 2020 appropriation. Most of non-personnel 

funds are primarily for the Civil Rights Data Collection (CRDC): $3.2 million; travel: 

$867,000; the Online Discrimination Complaint Form Enhancement System: $568,000; and 

the software support to operate OCR’s Case and Activity Management System (CAMS): 

$360,000.
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• OCR’s fiscal year 2021 share of the Department’s Centralized Services (overhead) is 

$25.5 million, $1.9 million less than the fiscal year 2020 appropriation. The chart below 

shows the funding level by category and the percentage share of the fiscal year 2021 

request.

FY 2021 Budget by Category

(dollars in millions)

Total: $130.0

FTE: 592

*Non-Personnel:

Travel

Communications

Printing

Copier rentals

Training

Supplies

Non-IT equipment/ 

furniture

Technology

PC&B

$98.8 M 

76% 

(Includes 

Overtime & 

Awards)

Centralized 

Services

$25.5 M 

20% 

*NonPersonnel

$5.6 M 

4% 
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Organizational Structure and Staffing 

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2021 Headquarters and Regional Enforcement Office Locations and Staffing

Regional Enforcement Offices: 488 FTE

Headquarters: 104 FTE

Total Staff Level: 592 FTE

The Office for Civil Rights is headed by an Assistant Secretary who is appointed by the 

President and confirmed by the Senate. The staff in the immediate office of the Assistant 

Secretary may include a Principal Deputy Assistant Secretary, a Deputy Assistant Secretary for 

Enforcement, a Deputy Assistant Secretary for Policy and Development, a Deputy Assistant 

Secretary for Strategic Operations and Outreach, and a Deputy Assistant Secretary for 

Management and Planning. 

The Principal Deputy Assistant Secretary performs functions as assigned by the Assistant 

Secretary such as assisting and advising the Assistant Secretary in the overall direction and 

management of the agency.
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The Deputy Assistant Secretary for Enforcement manages the overall operations of the 

12 regional enforcement offices that are responsible for ensuring that recipients of Federal 

assistance and other covered entities comply with the Federal civil rights laws prohibiting 

discrimination. Most of OCR’s staff members work in the agency’s 12 regional enforcement 

offices. Their main function is to investigate complaints from the public that allege a violation of 

one or more of the statutes that OCR enforces and to determine the compliance status of 

recipients. Time and resources permitting, employees launch proactive investigations of 

recipients, which is described in more detail below under the Personnel Compensation and 

Benefits (PC&B) Costs section. Enforcement staff also monitors recipients’ compliance with 

voluntary settlement agreements. In addition, they develop and provide technical assistance to 

foster greater understanding of the statutes that OCR enforces. 

The Deputy Assistant Secretary for Policy and Development oversees the Headquarters’ 

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

guidance, technical assistance materials, consulting on novel cases from the regional

enforcement offices, regulation development, and helping to ensure that civil rights issues are 

appropriately addressed within the Department’s programs and initiatives and among Federal 

Agencies. The Program Legal Group also has responsibility for administration of the Civil 

Rights Data Collection.

The Deputy Assistant Secretary for Strategic Operations and Outreach has responsibility for 

overseeing OCR’s strategic and operational planning, establishing and maintaining effective 

collaboration with other components of the Department, and ensuring effective outreach and 

communication between OCR and external stakeholders and the public.

The Deputy Assistant Secretary for Management and Planning has the responsibility for 

overseeing and directing areas of planning, developing, and implementing budget, operational, 

and administrative policy for OCR. 

OCR consists of a headquarters office located in Washington, DC and 12 regional enforcement 

offices. These offices are in Washington, DC (co-located with headquarters), Boston, New York, 

Philadelphia, Atlanta, Dallas, Chicago, Kansas City, Denver, San Francisco, Seattle, and 

Cleveland.

Personnel Compensation and Benefits (PC&B) Costs

OCR accomplishes its mission primarily by responding to complaints and initiating proactive 

investigations, both of which require significant investments in human capital. Proactive 

investigations include compliance reviews and directed investigations. OCR initiates 

compliance reviews to determine whether recipient practices comply with civil rights laws and 

regulations. OCR initiates directed investigations to address possible discrimination that is not 

currently being addressed through OCR’s complaint resolution, compliance review, or technical 

assistance activities. The statutes and implementing regulations enforced by OCR require 

recipients to ensure nondiscrimination in their programs and activities that receive Federal 

financial assistance. The regulations require OCR “to make a prompt investigation whenever a 

compliance review, report, complaint, or any other information indicates a possible failure to 

comply” with laws protecting students from discrimination in academic institutions that receive 
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Federal funding. Therefore, PC&B costs historically have been the largest component of OCR’s 

budget as well as the key factor in OCR being able to accomplish its mission. 

For fiscal year 2021, PC&B costs are 76 percent of the request, or $98.8 million, $2.2 million 

more than the fiscal year 2020 appropriation. The 2021 request supports 592 FTE, 3 more than 

the fiscal year 2020 level. 

The FTE Usage vs. Complaints Received chart below shows trends in FTE levels and caseload. 

While some of the decline in FTE since 1980 may be attributed to technological advances that 

improved efficiency, the FTE decline from 2010 to 2015 was a result of decreased funding 

($103 million in fiscal year 2010 to $100 million in fiscal year 2013). The decrease resulted from 

a significant reduction in the number of single filers with multiple complaints. However, OCR 

anticipates the volume of complaints to increase from fiscal year 2020 through fiscal year 2021 

as reflected in the chart below.

2008 2011 2014 2017 2018 2019 2020* 2021*

FTE 614 585 565 579 529 520 575 575

Complaints Received 6,196 7,840 9,990 12,837 12,432 9,986 11,000 11,500

614 585 565 579 529

520

575 575

6,196 

9,990 

12,837 12,432 

9,986 11,000 11,500 

 -

 4,000

 8,000

 12,000

 16,000

 20,000

0

200

400

600

800

Complaints Received

FTE Usage

FTE Usage vs Complaints Received

Fiscal Years 2008-2021 (FY 2020 Through FY 2021 are estimates*)

Table A: Caseload per Staff in FY 2008, FY 2018, and FY 2019 (Estimate)

Caseload per Staff FY 2008 FY 2018 FY 2019 

Number of Enforcement Staff 617 461 474

Complaints Received & Proactive 

Investigations Launched1 6,236 12,432 10,688

# of cases per staff 10 27 23 

Multi-jurisdiction cases 925 1,800 1,701

1 OCR launched 42 proactive investigations in FY 2008, 3 in FY 2018, and 702 in FY 2019.
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Caseload per Staff FY 2008 FY 2018 FY 2019 

# of multi-jurisdiction cases per staff 1.5 3.9 3.6

Monitoring Caseload 1,125 4,263 4,108

# of monitoring cases per staff 1.8 9.2 3.6

Investigated Cases1 5,119 6,971 6,792

# of investigated cases per staff 8.3 15 14.3

The average number of cases assigned to the enforcement staff is projected to be 20 in fiscal 

year 2020 and OCR expects this number to remain consistent through fiscal year 2021 as 

reflected below in Table B.

Table B: Impact of FTE per Staff Based on 10,688 Cases and 4,108 Monitoring Cases 

Projected in FY 2021

Number/Staff Level 2021

Request

Projected number of Enforcement Staff 535

Increased number of Attorneys/Equal Opportunity Specialists +3

Projected Total 538

# of cases per staff 20

# of monitoring cases per staff 7.7

Investing in Investigative and Administrative Staff

OCR’s enforcement staff is responsible for the following: (1) resolving complaints of 

discrimination; (2) initiating directed investigations/compliance review; and (3) providing 

technical assistance to help institutions achieve voluntary compliance with civil rights laws. 

OCR’s administrative staff provides help and support tools for the enforcement staff’s improved 

efficiency. Support activities include: (1) providing policy guidance to clarify schools’ 

responsibilities; (2) providing information technology and web support for OCR’s enforcement 

and technical assistance activities and OCR’s website; (3) supporting the Civil Rights Data 

Collection; and (4) responding to Freedom of Information Act (FOIA) requests. 

1 Criteria: The selection of investigated cases is based on cases either still pending or cases that progressed beyond 

dismissal and were resolved with administrative closure, no violation, Facilitated Resolution Between Parties, or 

change with or without a resolution agreement.
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Freedom of Information Act (FOIA) 

Over the past several years the OCR has experienced an upward trend in the number of FOIA 

requests received. In fiscal year 2020, OCR anticipates receiving a record high number of 

requests and this trend is not expected to decline. Moreover, OCR is the respondent to the 

majority of FOIA request received by the Department. These requests are the most complex 

and it is not uncommon for them to require the review, redaction, and production of entire case 

files that contain thousands of records. To address this in fiscal year 2020, OCR is hiring a fully 

supported administrative staff dedicated to FOIA processing. The fiscal year 2021 request will 

ensure the FOIA Team remains sufficiently staffed and supports the core functions of the 

investigative and administrative staff above. 

Awards and Overtime

The Administration is requesting $678,000 for awards and $40,000 for overtime for a total of 

$718,000, which is level to fiscal year 2020 appropriation. The request will cover mandated 

performance awards for the eligible Senior Executive Service staff and performance-based 

awards for general schedule employees. 

Non-Personnel Costs – Non-Centralized Services

The total request for Non-Personnel activities in fiscal year 2021, excluding Departmental 

Centralized Services, is 5.6 million, $273,000 less than the fiscal year 2020 appropriation. The 

requested Non-Personnel funds would provide program support to resolve complaints of 

discrimination filed by the public and ensure that institutions receiving Federal financial 

assistance are in compliance with the civil rights laws enforced by OCR. The fiscal year 2021 

funds will also support the maintenance, monitoring and enhancement of OCR’s database 

investments (CRDC, CAMS and Online Discrimination Complaint Form).

Information Technology (IT) Non-Personnel Costs

Civil Rights Data Collection (CRDC) 

The Administration is requesting $3.2 million for the CRDC, level to the fiscal year 2020

appropriation. The request will support analysis and reporting for 2017-18 CRDC data 

collection activities and review of data files for the 2019-20 CRDC. The request will also 

support basic operations and maintenance, non-major enhancements, and some web hosting 

for the CRDC reporting website, and will support the preparation of topic-specific reports on civil 

rights areas of interest that will incorporate increased visualization of data. 

For the CRDC to be useful to OCR, the Department, State educational agencies (SEAs), local 

educational agencies (LEAs), and other stakeholders, the data must be collected, analyzed and 

distributed in a timely manner. Beginning with the 2017-18 CRDC, data will be collected from 

Puerto Rico; unless the school district informs OCR that it will be unable to do so, in whole, or in 

part, due to the devastating impact of the 2017 hurricane season. Other Department offices and 

Federal agencies also benefit from the valuable data within the CRDC to increase awareness 

around key issues and provide a source of national, school-level data. In addition, under 

section 1111(h)(1)(C)(viii) of the Every Student Succeeds Act (ESSA), SEAs and LEAs are 
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required to include data from the CRDC on: (1) in-school suspensions; (2) out-of-school 

suspensions; (3) expulsions; (4) school-related arrests; (5) referrals to law enforcement; 

(6) incidences of violence, including bullying and harassment; (7) number and percentage of 

students enrolled in preschool; and (8) number and percentage of students enrolled in 

accelerated coursework to earn postsecondary credit while in high school (e.g., advanced 

placement, international baccalaureate) on their annual report cards. States and districts have 

begun to produce report cards as required by ESSA using the CRDC data from the 2015-16 

school years.

CRDC collection consists of five major phases: (I) notification and guidance to school districts, 

(II) preparing for data submissions, (III) survey submission window, (IV) finalizing data files, and 

(V) preparing the data file for upload to the CRDC website. In summary, the five phases can be 

captured in three categories. They are: (1) pre-collection, which includes Phases I and II; (2)

collection activities, comprised of Phase III; and (3) post-collection, which include Phases IV and 

V. Activities related to the CRDC Reporting Website operations, maintenance, and data upload 

and integration are detailed separately. All phases and costs are listed in detail on the CRDC 

chart on the next page. 

The CRDC provides data on leading civil rights indicators related to access and barriers to 

educational opportunity at the pre-K through 12th grade school levels. Although OCR has 

conducted the CRDC since 1968, the last few collection cycles have shown substantial 

improvements in both the quality and the usability of the data. OCR developed pre-submission 

analytic reports to assist districts in reducing errors. This effort is complemented by tip sheets, 

FAQs, and guidance documents posted to the CRDC website. In addition, several 

enhancements were made to the data submission system for the 2015-16 CRDC to improve 

functionality and user experience, which resulted in a decrease in the overall data collection 

period.

With respect to improved usability, the CRDC has become more accessible and understandable 

for the general public, researchers, and policymakers. In fiscal year 2018, OCR released data 

from the 2015-16 CRDC, which was the fourth universal collection. Previous universal 

collections were conducted for the 2000-01, 2011-12, and 2013-14 school years. The 2015-16 

CRDC was released on April 24, 2018, and the report includes, for the first time, comprehensive 

data regarding incidents of criminal offenses in our nation's public schools. It also includes 

several new categories of data on Science, Technology, Engineering and Mathematics (STEM) 

course taking. The Department used CRDC data to produce topic-specific data briefs on two 

major topics STEM Course Taking and School Climate and Safety. The collection surveyed 

more than 17,300 school districts and 96,400 public schools representing more than 50 million 

students. The 2017 -2018 CRDC is a universal collection.

In response to the June, 18, 2019 report published by the Government Accountability Office 

(GAO), the Office for Civil Rights (OCR) has taken significant steps to improve many aspects of 

the U.S. Department of Education’s (Department) Civil Rights Data Collection (CRDC) – 

especially with respect to restraint and seclusion data. For example, in May of 2018, OCR 

informed certain school districts that OCR would be placing them on high-risk status for grant 

award purposes unless they satisfactorily explained and addressed apparent errors on their 
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2013-14 CRDC restraint and seclusion data submissions.1

 On January 17, 2019, Secretary of 

Education Betsy DeVos announced an initiative2 to address the possible inappropriate use of 

restraint and seclusion on children with disabilities, and as a result compliance reviews were 

conducted by all of OCR’s regional enforcement offices and CRDC data quality reviews were 

initiated to provide technical assistance to districts to better ensure the accurate reporting of 

restraint and seclusion data. Moreover, on August 14, 2019, OCR sent a letter to all school 

districts requesting that they promptly address any errors in reporting restraint or seclusion for 

the 2017-18 CRDC and requesting that they adhere to only reporting zero incidents of restraint 

or seclusion when no such incidents have occurred. OCR also significantly increased its 

collaboration3 with the Institute of Education Science (IES) and the National Center for 

Education Statistics (NCES). The enhanced partnership is important because it will further help 

ensure that collections are authenticated in a manner that provides an accurate picture of key 

civil rights issues in education. As OCR shared with GAO on May 24, 2019, the Department 

already has taken steps to more closely scrutinize action plans.4 For instance, OCR 

communicates with each school district with an approved action plan to seek confirmation that it 

will take the needed steps to collect and report the data for the upcoming collection and 

schedules conference calls with LEAs requesting similar or repetitious action plans over the 

course of two or more collections. Going forward, OCR will also contact each LEA with an 

approved action plan before the start of each new collection and re-confirm that the LEA will 

take the needed steps to collect and report the data. 

The Civil Rights Data Collection (CRDC) budget table on page AA-19 provides an estimated

detailed account of the CRDC budget for fiscal years 2019-2021. 

1 The school districts provided sufficient explanations, and ultimately, they were not placed on high-risk status.

2 OCR, in partnership with the Office of Special Education and Rehabilitative Services. See 

https://www.ed.gov/news/press-releases/us-department-education-announces-initiative-address-inappropriate-userestraint-and-seclusion-protect-children-disabilities-ensure-compliance-federal-laws. 

3 See U.S. Department of Education Continues Work to Improve Civil Rights Data Quality, August 23, 2019, available 

at https://www.ed.gov/news/press-releases/us-department-education-continues-work-improve-civil-rights-data-quality. 

4 Action plans are created to provide reporting entities with an organized means of identifying and addressing missing 

or incomplete data, as well as the necessary tools to ensure that the data they collect and submit for future 

collections are true and correct.
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School Year Major Activity Fiscal Year 

2019

Fiscal Year 

2020

Fiscal Year 

2021

CRDC

2015-16

National & State Estimations

33,041

CRDC

2017-18

Phase IV - Finalizing Data Files: Data quality review and 

editing, time series, privacy protection. 730,338

CRDC

2017-18

Phase V – Data Upload Preparation: Prepare CRDC 

2017–18 data for upload to the CRDC (Reporting) website; 

hosting and releasing the new data to the general public. 309,404

CRDC 2017-

18 Data 

Analysis

Analysis and summarization of the 2017-18 CRDC data for 

public dissemination; creating special tabulations and 

publications; designing and editing of CRDC issue briefs. 220,000

CRDC 2017-

18 Reporting

Development of informational reports with data visualization.

25,000

CRDC

2019-20

Phase I - Notification and Guidance: Notification to 

school districts, identifying primary point of contact, 

guidance (Q&A). 365,692 345,000

CRDC

2019-20

Phase II - Preparing for data submissions: File 

specifications, pre-collection tools, confirmation of school 

directory, technical assistance to prepare districts to collect 

and submit data. 547,008 530,000

CRDC

2019-20

Phase III - Survey Submission Window: Begin data 

collection from LEAs, Partner Support Center for technical 

support for school districts' data submissions 1,413,000 801,500

CRDC

2019-20

Phase IV - Finalizing Data Files: Data quality review and 

editing, time series, privacy protection.

242,719 780,000 568,000

CRDC 

Reporting 

Website

Fund the “Base Year” and 4 option years for the CRDC 

(Reporting) website’s operation and maintenance.

364,697 391,216 365,000

CRDC 

Reporting 

Website

Upload and integrate 2015-16 CRDC data, implement data 

updates, develop and implement system enhancements and 

new reports to improve data analysis and display on the 

reporting website. 854,521 570,000 573,716

Web Hosting Web hosting under the EDUCATE/PIVOT contract.

71,706 70,172 65,985

Total

CRDC $3,739,126 $3,249,388 $3,249,201

Case Activity Management System (CAMS) 

The Administration requests $360,000 for the CAMS, $82,000 less than the fiscal year 2020

appropriation. CAMS is an electronic tracking system used to record the status of past, 

ongoing, and upcoming cases and store the documents associated with each case. It uses a 

combination of three software applications: Case Management System, Activity Management 

System, and Open Text Document Management System with Record Management 

function. The funding for this project provides for: (a) enhancements to apply business process 

changes and to improve the usage of these core applications, (b) compliance with up-to-date 

departmental IT environment, and (c) software subscription services to maintain version 
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upgrades and technical phone support on the Open Text products and Matrix Logic add-on 

modules. OCR continues to enhance these essential applications for critical unmet needs 

identified by CAMS’ core users. 

Information Technology Services: Support for Operations and Maintenance (O&M) for 

Online Discrimination Complaint Form 

The Administration is requesting $568,000, $225,000 more than the fiscal year 2020

appropriation. Of this request, $334,000 covers two subtasks in support of the maintenance 

and general web operations contracting task: (a) General O&M to support OCR’s publicly 

accessible website1 and database; and (b) the OCR Web Based Collection System document 

upload project that allows the public to search for and access OCR enforcement resolution 

letters and agreements entered into on or after October 1, 2013. The remaining $234,000 will

cover the support required for website hosting.

• For subtask (a), O&M covers both the electronic pre-complaint and online complaint forms. 

The pre-complaint form is an online screening process tool that walks potential 

complainants through a number of considerations prior to their submission of a 

discrimination complaint to OCR. The Online Discrimination Complaint Form is a public 

facing tool. Therefore, OCR will need to invest in cybersecurity measures to manage the 

risks of cyber threats to provide the On-Line Complaint form process in a non-Cold-Fusion 

software support environment. 

• For subtask (b), the OCR Web Based Collection System document upload project involves 

contracting IT services to upload OCR resolution letters and agreements, policy documents, 

and other information to the OCR website in order to provide transparency to the public 

about OCR enforcement and compliance activities. 

Non-IT Costs

Travel

The Administration requests a travel budget of $795,000, $170,000 less than fiscal year 2020

appropriation. The overwhelming majority of OCR’s travel funds are used to investigate 

complaints. OCR will limit travel for conducting proactive investigations, providing technical 

assistance, monitoring corrective action plans, and training. OCR must ensure that staff and 

leadership in the enforcement offices are able to receive critical training, civil rights updates, and 

management skills necessary to improve OCR operations. OCR often uses video 

teleconference technology to enable optimal video communications and conferencing between 

the enforcement offices and headquarters to reduce the need for costly travel. 

Printing

The Administration is requesting $5,000 for printing, the same as the fiscal year 2020

appropriation, to cover necessary printed items such as pamphlets highlighting OCR activities in 

various languages, reports, fact sheets, business cards, and letterhead.

1 http://www2.ed.gov/about/offices/list/ocr/index.html
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Training

The Administration requests a training budget of $150,000, the same as the fiscal year 2020

appropriation. OCR’s leadership recognizes that the success of its work depends on the quality 

of its staff across all levels of the organization. Staff needs the opportunities to participate in 

leadership programs, supervisory training, policy conferences, and continuing legal education to 

fulfill OCR’s mission. OCR will also utilize its professional and technical training online when 

appropriate and cost-effective. 

Communications and Operations and Maintenance of Equipment 

The Administration is requesting $11,000 in fiscal year 2021 for communications and operations 

and maintenance of facilities, the same as fiscal year 2020 appropriation. These funds are 

needed for overnight shipping costs and maintenance of copiers and other equipment. 

Other Services

The Administration requests $309,000, $246,000 less than the fiscal year 2020 appropriation. 

The request includes: 

• Legal Research Services - $185,000. This is the same as the fiscal year 2020

appropriation. The contract provides an automated full-text legal information system that 

offers online access to Federal and State case law, statutes of all 50 States, legal 

publications, and law reports. 

• Miscellaneous Services - $124,000. This is a decrease of $246,000 from the fiscal year 

2020 appropriation. The request supports the reimbursement of attorneys’ bar dues - 

$70,000; translation and interpretation services (translating documents and pamphlets into 

several languages which is different than the printing of documents in different languages) - 

$42,000; and miscellaneous services for advertisement and short-term contractual services - 

$12,000. 

Goods/Services from the Government

The fiscal year 2021 request includes $38,000, the same as the fiscal year 2020 appropriation. 

This request supports Education publications (ED Pubs) totaling $15,000, and General Services 

Administration-leased vehicles and equipment totaling $23,000. 

Supplies

The Administration is requesting $100,000, the same as the 2020 Appropriation. The funds are 

needed to purchase supplies, renew periodical subscriptions relating to law, disabilities, and 

news; support case files maintenance; and purchase copier paper. 

Departmental Centralized Support – Non-Personnel Costs

Approximately 81 percent of the total Non-Personnel budget request is to cover OCR’s share of 

the Department’s centralized services. The request provides $25 million for centralized 
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services, $1.9 million less than the fiscal year 2020 appropriation. The 2021 request will cover 

the costs of services such as rent; departmental training; personnel security; records information 

management support services; interagency agreements for administrative services provided by 

other Federal Agencies, such as payroll processing, overtime utilities, training coordination and 

career counseling; IT security; telecommunications; computers and related hardware; 

smartphones; IT processing services; and network support. 
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PROGRAM OUTPUT MEASURES

The following chart shows the number of OCR’s complaint receipts and resolutions since fiscal 

year 2008. Actual data are shown for fiscal years 2008-2021 and estimates are shown for fiscal 

years 2020-2021. 

Complaint Receipts and Resolutions (FY 2008 – FY 2021) 

2008 2011 2014 2017 2018 2019 2020* 2021*

Receipts 6,196 7,840 9,990 12,837 12,432 9,986 11,000 11,500

Resolutions 5,946 7,436 9,409 17,787 14,069 10,644 11,200 11,700

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000

20,000

*estimate

In fiscal year 2019, total complaint receipts decreased by 2,446 compared to the previous year. 

However, complaint receipts are projected to increase through fiscal year 2020.

The FY 2019 Complaint Caseload by Jurisdiction pie chart on page AA-24 displays the fiscal 

year 2019 complaint caseload by jurisdiction. OCR disability discrimination complaints made up 

the largest percentage of filed complaints, followed by complaints with multiple allegations. In 

general, disability discrimination has historically constituted the greatest share of OCR’s 

complaint caseload. 
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FY 2019 Complaint Caseload by Jurisdiction (October 1, 2018 – September 30, 2019) 

Race/National 

Origin 1,258 (13%)

Sex Discrimination 

873 (9%)

Disability 

Discrimination 

4,487 (45%)

Age Discrimination 

111 (1%)

Multiple 

Allegations

1,701 (17%)

Other Complaints 

1,556 (15%)

Total Complaints – 9,986

The following table provides the number of cases received by jurisdiction during the past 

12 years, fiscal years 2008 through 2019. 

Complaint Caseload by Jurisdiction

(Fiscal Years 2008– 2019) 

Jurisdiction FY 2008 FY 2011 FY 2014 FY 2017 FY 2018 FY 2019

Race 933 1,104 1,203 1,280 1,368 1,258 13%

Sex 326 1,096 2,354 2,249 2,773 873 9%

Disability 3,165 3,507 3,909 5,567 4,818 4,487 45%

Age 96 146 122 156 97 111 1%

Multiple 917 1,145 1,588 1,702 1,800 1,701 17%

Other 695 843 813 1,883 1,576 1,556 15%

TOTAL 6,132 7,841 9,989 12,837 12,432 9,986
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PROGRAM PERFORMANCE INFORMATION

Performance Measures

OCR’s Government Performance and Results Act (GPRA) measures are designed to assess 

the efficiency and accessibility of the complaint resolution process. While performance has had 

some dips in recent years, OCR anticipates performance improving in fiscal years 2019 and 

2020 due to the revisions to the Case Processing Manual that are intended to help decrease 

case processing times. Maintaining a higher number of investigative staff through fiscal year 

2020 should also have a positive impact on performance. 

Current performance measures for complaint workload:

Measure: Percentage of complaints resolved within 180 days.

Year Target Actual

2016 80% 78%

2017 80 81

2018 80 84

2019 80 92

2020 80

2021 80

Measure: Percentage of complaints pending over 180 days.

Year Target Actual

2016 < 25% 23%

2017 < 25 58

2018 < 25 62

2019 < 25 60

2020 < 25

2021 < 25

Additional information: The first two performance measures encompass OCR’s entire 

complaint workload, which together hold OCR accountable for efficient case resolution. 

Complaint receipts are rising and becoming more labor-intensive to evaluate, investigate and 

resolve. The first table measure the percentage of complaints received within a fiscal year, while 

the second table measures the percentage of complaints from prior years.

As a result, OCR has only met one of the two performance goals addressing complaint 

workload -- the percentage of complaints resolved within 180 days (target 80 percent, actual 92

percent). OCR failed to keep the percentage of complaints pending over 180 days 25 percent 

or less (target <25 percent, actual 60 percent). Regional enforcement offices now have 

flexibility to determine the appropriate layers of review. Furthermore, there has been a reduction 
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in the types of cases requiring headquarters’ review. OCR continues to ensure quality, while 

upholding its mission to vigorously enforce civil rights laws. For fiscal year 2019, the total 

number of complaint cases pending for more than 180 days as of September 30, 2019 was 

3,297. 

Measure: Mean score of customer satisfaction survey.

Year Target Actual

2016 3.66 3.73

2017 3.66 3.75

2018 3.66 3.78

2019 3.66 3.60

2020 3.66

2021 3.66

Additional information: OCR’s third performance measure looks at customer satisfaction 

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

The survey measures courteous and considerate treatment of customers; prompt, clear, and 

responsive communication (oral and written); and whether the customer is kept informed about 

his or her case. A fiscal year 2005 survey was used to establish a target baseline at 3.66 (on a 

scale of 1 through 5).

OCR Initiatives and Activities to Support the Department’s Strategic Plan

OCR’s mission is linked to the Department’s FY 2018-2022 Strategic Plan, specifically Strategic 

Objective 1.2, in which the Department commits to “provide all P-12 students with equal access 

to high quality educational opportunities.” To meet this objective, the Department will “ensure 

equal access to education and promote educational excellence across the nation through 

vigorous enforcement of civil rights and the provision of technical assistance to help schools 

achieve compliance with the civil rights laws enforced by the Office for Civil Rights.”

Regarding Higher Education, the Department also commits in Strategic Objective 2.1 to 

“support educational institutions, students, parents, and communities to increase access and 

completion of college, lifelong learning and career, technical and adult education.” To achieve 

this, the Department will work on “enhancing stakeholder relationships by supporting the 

cultivation of safe environments conducive to lifelong learning by conducting outreach, ensuring 

Title IX protections and investigating civil rights and Clery Act violations.”

OCR is responsible for ensuring educational institutions compliance with Federal civil rights 

laws and enhancing the public’s knowledge of their civil rights under these laws. To ensure the 

success of OCR’s responsibilities under these objectives, adequate funding is requested to 

support the follow initiatives and activities. 

Initiative to Address the Inappropriate Use of Restraint and Seclusion
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In fiscal year 2019, Secretary Betsy DeVos announced a major initiative to address the possible 

inappropriate use of restraint and seclusion in our nation’s schools. The Office for Civil Rights 

(OCR), in partnership with the Office of Special Education and Related Services (OSERS), led 

the proactive initiative to protect children with disabilities by providing technical assistance and 

support to schools, districts, and state education agencies, and strengthen enforcement 

activities. 

The initiative included components that help schools and districts understand how federal law 

applies to the use of restraint and seclusion—and also supported schools seeking resources 

and information on the appropriate use of interventions and supports to address the behavioral 

needs of students. The initiative included three primary components: 1) Compliance Reviews; 2) 

CRDC Data Quality Reviews; and 3) Support for Recipients. 

As a part of this proactive initiative, OCR’s 12 regional enforcement offices conducted 

compliance reviews on recipients’ use of restraint and seclusion on children with disabilities. 

The compliance reviews focused on the possible inappropriate use of restraint and seclusion—

and how the effect of such practices on a recipient’s obligation to provide a free appropriate 

public education (FAPE) for all children with disabilities. Through the compliance reviews, OCR 

worked with public schools to correct noncompliance. 

Additionally, OCR’s proactive initiative focused on raising awareness of the importance of data 

quality. As a part of the initiative, OCR conducted data quality reviews of CRDC information 

submitted by school districts that reported zero values, or no incidents, in their restraint and 

seclusion data for the 2015-16 CRDC. OCR contacted 50 school districts—four districts from 

each of OCR’s 12 enforcement regions, and the two districts with large identical restraint and 

seclusion values and asked the school districts to review their data and respond to OCR in 

writing to explain whether the data are complete and accurate or need to be amended. The 

data quality aspect of the initiative is the first major effort of its kind; never-before has OCR 

focused on data quality as a part of a major compliance initiative.

OCR provided general support to recipients, through the provision of technical assistance, on 

the legal requirements of Section 504 of the Rehabilitation Act relating to the use of restraint 

and seclusion on children with disabilities. OCR also partnered with OSERS to support 

recipients in understanding how the legal requirements of Section 504, Title II, and the 

Individuals with Disabilities Education Act (IDEA) informs the development and implementation 

of policies governing the use of restraint and seclusion. 

Website Accessibility

OCR enforces Section 504 of the Rehabilitation Act of 1973 and—if the institution is a public 

entity—Title II of the Americans with Disabilities Act of 1990. Both statutes relate to 

discrimination against individuals with disabilities. Among other things, these laws require 

educational institutions to ensure that individuals with disabilities have an equal opportunity to 

participate in the institution’s programs and activities, including if those programs are offered 

digitally – e.g., through their websites.
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In fiscal year 2018, OCR launched a new technical assistance initiative to assist recipients in 

making their websites and online programs accessible to individuals with disabilities, as required 

by Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities 

Act. Through webinars, OCR provided information technology professionals with vital 

information on website accessibility, including guidance for making online programs accessible. 

These webinars reached more than 3,000 individuals from more than 100 different locations. In 

all, OCR organized and led 19 webinars on website accessibility, a 58 percent increase over the 

12 such webinars OCR conducted in fiscal year 2017.

 

In addition, OCR increased enforcement activities related to website accessibility. In recent 

years, a single individual filed over two thousand complaints related to the accessibility of 

educational institutions’ websites to individuals with disabilities. OCR has already resolved 

hundreds of these complaints with resolution agreements and will continue to investigate 

hundreds more through the vehicle of directed investigations into fiscal year 2021. 

Revised Case Processing Manual

OCR is continually focused on evaluating case processing systems to ensure that students’ and 

families’ rights are fully protected, and that the agency is positioned to vigorously enforce 

federal civil rights laws. The key OCR document for ensuring these protections and 

enforcement is OCR’s Case Processing Manual (CPM). The CPM provides OCR with the 

procedures to promptly and effectively investigate and resolve complaints, compliance reviews 

and directed investigations to ensure compliance with the civil rights laws and regulations 

enforced by OCR.

On November 19, 2018, OCR announced additional improvements to its CPM. Among other 

things, the new CPM did the following: 

• Added provisions requiring consideration of whether the underlying conduct at issue 

might be protected by the Constitution, including by the First Amendment, and ensuring 

that any resolution agreement comports with First Amendment principles;

• Eliminated a provision, Section 108(t), under which OCR had been able to dismiss a 

complaint if it were part of a pattern of complaints that places an unreasonable burden 

on OCR’s resources;

• Eliminated a provision, Section 108(g), which had required dismissal of allegations that 

could have been raised in a currently pending proceeding in another forum;

• Re-instituted an appeals process, giving complainants a 2-tiered process to appeal 

dismissals involving substantive legal issues and findings of insufficient evidence;

• Instituted Quality Assurance Reviews to ensure consistency across OCR regional 

enforcement offices and included internal OCR benchmarks to ensure accountability for 

high quality and consistency;

• Clarified the appropriate use of statistical data; and

• Clarified that OCR may attempt to resolve a complaint with recipients before the 

complaint has been officially opened for investigation
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OCR believes these improvements to the CPM will enhance prompt, equitable, and timely 

resolution of complaints into fiscal year 2021 and beyond.