1. The Office for Civil Rights Under New Administration
Jennifer Mauskapf, Esq.

2. OVERVIEW OCR Basics Transition Perspective
Mission,
Activities,
Organization
Transition Perspective
OCR under the Current Administration
To Date
Looking Ahead

3. OCR Establishment and Mission
Established by Statute: 20 U.S.C. § 3413
Mission: To ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.

4. Laws Enforced by OCR 1964: Title VI of the Civil Rights Act
1972: Title IX of the Education Amendments
1973: Section 504 of the Rehabilitation Act
1975: The Age Discrimination Act
1990: Title II of the Americans with Disabilities Act
2002: Boy Scouts of America Equal Access Act, ESEA § 9525

5. OCR Activities Carries out mission through:
Complaint Investigation and Resolution
Proactive Enforcement: Compliance Reviews
Monitoring of Resolution Agreements
Technical Assistance
Affirmative Actions Required
Civil Rights Data Collection (CRDC)
Methods of Administration

6. OCR Complaint Caseload FY 2015
Source: OCR Report to the President

7. OCR Organization Washington, DC Headquarters Assistant Secretary
12 Enforcement Offices

8. OCR Leadership - Assistant Secretary
Catherine Lhamon,
2017:
Candice Jackson (Acting)
Kenneth Marcus (Nominated)

9. OCR Staffing and Complaint Load Source: OCR FY 2017 Budget Request

10. OCR Budget Request, FY 2018 Final FY 2017 Appropriation: $108.5M
FY 2018 Budget Request: $106.8M (~1.5% cut)
Senate Legislation would provide $117M
House Omnibus Bill provides $108.5M
Final FY 2018 Appropriation TBD

11. OCR Guidance Under the New Administration

12. OCR Instructions to the Field re: Scope of Complaints
Eliminates ‘sensitive case’ list
Eliminates three years of data rule
No longer a ‘one size fits all’ approach to investigation of any category of complaints
Application of ‘systemic’ or ‘class-action’ approach
Individual complaint made such allegation
Investigative team determines warranted

13. Transgender Student Rights
Joint ED/DOJ DCL Withdraws Prior Guidance
Notes lack of extensive legal analysis or explanation
Interpretation gave rise to significant litigation
State and local control in education policy
Notes students are not without protections from discrimination, bullying, or harassment

14. Transgender Student Rights, cont.
OCR Instructions to the Field re Complaints Involving Transgender Students (6/6/17)
Restates key points of February 2017 DCL
Approach on case-by-case basis
“It is permissible, for example, for one allegation in a complaint (such as harassment based on gender stereotypes) to go forward while another allegation (such as denial of access to restrooms based on gender identity) is dismissed.”

15. Transgender Student Rights, cont.
It was very important to the secretary and to myself that our investigators not make the mistake of assuming that just because that particular guidance has been rescinded, that all complaints filed by transgender students are going to be dismissed. -Candice Jackson
This guidance says that OCR gets to pick and choose which cases it will open, and it could be appropriate to dismiss for lack of jurisdiction an allegation that a transgender student is not able to access a bathroom consistent with their gender identity -Catherine Lhamon

16. Sexual Misconduct Guidance
Press Release, 9/22/17
DCL Withdraws Guidance on Sexual Violence
Imposed new mandates
May have been well intentioned, but led to deprivation of rights
Indicates rulemaking process forthcoming
Q&A on Campus Sexual Misconduct

17. Looking Ahead… Confirming Assistant Secretary Staffing
Rescission of Additional Guidance
Compliance Reviews
Complaint Resolution
Reports to the President
Budget Requests/Funding Levels

18. RESOURCES
ED Office for Civil Rights
OCR FY 2017 Budget Request
OCR FY 2018 Budget Request
OCR Report to the President for FY
OCR Report to the President for FY

19. Legal Disclaimer
This presentation is intended solely to provide general information and does not constitute legal advice or a legal service.  This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct.  Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client relationship with Brustein & Manasevit, PLLC.  You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.