THE SECRETARY OF EDUCATION
DC 20202

 

July 11, 2017

Honorable Patty Murray
United States Senate
Washington, DC 20510

Dear mm

This letter reSponds to the incorrect statements and unfounded arguments set forth in your
June 27, 2017, correspondence to me concerning my commitment to civil rights as Secretary
of Education.

Upholding America?s civil rights laws is among the most important missions with which the
Department is charged; all students must be able to learn in a safe and nurturing environment.
Unfortunately, prior to my arrival at the Department, OCR had descended into a pattern of
overreaching, of setting out to punish and embarrass institutions rather than work with them to
correct civil rights violations and of ignoring public input prior to issuing new rules. During the
prior administration, reputation as a fair and neutral enforcer of the nation?s civil rights
laws suffered as it sacrificed timely, balanced adjudications of individual complaints in fever of
data collection efforts that may have had no impact on the individual student?s complaint.

At the previous administration?s direction, OCR all too often automatically handled individual
complaints as evidence of systematic institutional violations. As a result, OCR staff were forced
to expand the scope of these investigations dramatically beyond the facts alleged in the ?led
complaint. This led to unprecedented processing times and significant backlogs, which in turn
harmed students. The adage ?justice delayed is justice denied? is ?tting in this instance; too
many students have been forced to wait months, and in some cases years, for adjudication of
their complaints while OCR chose to collect years of data about an institution.

Each individual student and each complaint deserve to be treated with care and respect. The
Department today is returning OCR to its role as a neutral, impartial investigative agency the
charge given to it by Congress. My clear and consistent direction to OCR has been to protect
students through a thorough investigation of the allegations of each complaint based on an equal
and impartial application of the law, and OCR has taken steps to strengthen its ability to execute
on the guiding principles of neutrality, balance and fairness. Many of the changes implemented
came after discussions with career staff in OCR who had identified material problems impeding
their ability to seek justice. OCR will now implement faithfully the civil rights laws
passed by Congress and treat each complainant and respondent in accordance with these guiding
principles.

Page 2

OCR will also no longer ignore its responsibilities to provide notice and the opportunity to
provide comments when Issuing new rules. The previous Administration too often issued new

Our approach will again ensure that all civil rights violations are shown equal care and given

equal importance. The Department will no longer value one type of violation over another or

My commitment to mission is unwavering because my commitment to providing better
opportunities for America?s students is unwavering. The Administration?s budget re?ects that
commitment, proposing level funding for OCR based on an annualized FY 2017 Continuing
Resolution in an environment where ?scal discipline is of paramount importance to address our
Nation?s considerable debt.

Nearly 30 years ago, as a young mother, I saw ?rsthand the inequities in America?s education
system and the resulting consequences for too many students and families. Since that time, my
work in education has centered on one goal: to ensure every student in America has an equal
opportunity for a world-class education. I bring that same vision and determination to the
Department to uplift every individual student and provide him or her with the greatest possible
opportunity to succeed in education, a career and life. A vigorous defense of their civil rights is
of paramount importance to achieving this goal, and it is why this Department is unwavering in
its commitment to defend all students to the fullest extent possible under law.

Sincerely,

Betsy DeVos