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U.S. Department Of Education Revises Case Processing Manual Governing Complaints Of Civil Rights Violations

CATEGORY: Public Education Matters
CLIENT TYPE: Public Education
DATE: Sep 30, 2020

The U.S. Department of Education Office for Civil Rights revised its Case Processing Manual effective August 26, 2020. The revised CPM requires OCR to issue a draft resolution letter and draft letter of finding to the educational entity in addition to the proposed resolution agreement and provide the educational entity an opportunity to inform OCR of any factual errors in the draft letters or agreement. The revised CPM also articulates the standard of review for appeals of OCR determinations. Specifically, the CPM states, “OCR reviews appeals to determine whether there is a clear error of fact and/or an error in the legal conclusion that changes the outcome of the determination.”

These procedural revisions retain the requirement that OCR provide entities with a copy of the complaint.

Find a copy of the revised CPM found here.