U.S. Code » Title 20 » Chapter CHAPTER 48— DEPARTMENT OF EDUCATION › Subchapter SUBCHAPTER II— ESTABLISHMENT OF THE DEPARTMENT

20 U.S.C. § 3413

Office for Civil Rights

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(a) Establishment; administration; delegation of functions

There shall be in the Department an Office for Civil Rights, to be administered by the Assistant Secretary for Civil Rights appointed under section 3412(b) of this title. Notwithstanding the provisions of section 3472 of this title, the Secretary shall delegate to the Assistant Secretary for Civil Rights all functions, other than administrative and support functions, transferred to the Secretary under section 3441(a)(3) of this title.

(b) Compliance and enforcement reports; copies submitted to Secretary(1) The Assistant Secretary for Civil Rights shall make an annual report to the Secretary, the President, and the Congress summarizing the compliance and enforcement activities of the Office for Civil Rights and identifying significant civil rights or compliance problems as to which such Office has made a recommendation for corrective action and as to which, in the judgment of the Assistant Secretary, adequate progress is not being made.(2) Notwithstanding any other provision of law, the report required by paragraph (1) shall be transmitted to the Secretary, the President, and the Congress by the Assistant Secretary for Civil Rights without further clearance or approval. The Assistant Secretary shall provide copies of the report required by paragraph (1) to the Secretary sufficiently in advance of its submission to the President and the Congress to provide a reasonable opportunity for comments of the Secretary to be appended to the report.(c) Authority of Assistant SecretaryIn addition to the authority otherwise provided under this section, the Assistant Secretary for Civil Rights, in carrying out the provisions of this section, is authorized—(1) to collect or coordinate the collection of data necessary to ensure compliance with civil rights laws within the jurisdiction of the Office for Civil Rights;(2) to select, appoint, and employ such officers and employees, including staff attorneys, as may be necessary to carry out the functions of such Office, subject to the provisions of title 5 governing appointments in the competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates;(3) to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private organizations and persons, and to make such payments as may be necessary to carry out the compliance and enforcement functions of such Office; and(4) notwithstanding any other provision of this chapter, to obtain services as authorized by section 3109 of title 5 at a rate not to exceed the equivalent daily rate payable for grade GS–18 of the General Schedule under section 5332 of such title.(Pub. L. 96–88, title II, § 203, Oct. 17, 1979, 93 Stat. 673.)Statutory Notes and Related SubsidiariesTermination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (b)(1) of this section relating to making an annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 82 of House Document No. 103–7.

References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1984–2025 · leading case: United States v. Bd. of Educ. of City of Chicago, 588 F. Supp. 132 (N.D. Ill. 1984).
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United States v. Bd. of Educ. of City of Chicago, 588 F. Supp. 132 (N.D. Ill. 1984). · cites it 3× “( 20 U.S.C. § 3413 (c)(3); P.L. 98-139, Title III, 97 Stat.”
Capella Univ., Inc. v. Exec. Risk Specialty Ins. Co., 617 F.3d 1040 (8th Cir. 2010). “See 20 U.S.C. § 3413 ; 34 C.F.R. § 100.1 . The OCR receives and investigates complaints from aggrieved individuals.”
Sellers v. Univ. of Rio Grande, 838 F. Supp. 2d 677 (S.D. Ohio 2012). “See 20 U.S.C. § 3413 ; 34 C.F.R. § 104.1 . OCR enforces Section 504 of the Rehabilitation Act through regulations found in 34 C.”
Jane Doe v. Osseo Area Sch. Dist., 296 F. Supp. 3d 1090 (D. Me. 2017). “20 U.S.C. § 3413 ; 34 C.F.R. § 104.1 . The OCR enforces Section 504 through the regulations, as well as enforcing Title II of the ADA in education systems and institutions.”
Miami Univ. Wrestling Club v. Miami Univ., 302 F.3d 608 (6th Cir. 2002). “*612 20 U.S.C. §§ 3413 (a), 3441(a)(3); Cohen v.”
Carter v. United States Dep't of Educ. (D.D.C. 2025). · cites it 2× “See 20 U.S.C. § 3413 . OCR is tasked with “assum[ing] responsibility for effectively carrying out the nation’s civil rights laws in education,” which includes enforcing 1 The papers reviewed by the Court in connection with this matter include: First Amended Complaint for…”
Williams v. United States Dep't of Educ. (S.D. Tex. 2021). “20 U.S.C. § 3413 . To achieve its directives, OCR follows the general rules created by the Department of Education and approved by the President.”
Nat'l Ass'n for the Advancement of Colored People v. United States (D. Maryland 2025). “See 20 U.S.C. §§ 3413 (a), 3441(a)(3). Historically, OCR has relied on its 12 regional offices to carry out this duty—at these offices, staff “review incoming complaints to confirm OCR’s jurisdiction; conduct document review, interviews, and site visits; and determine whether a…”
United States v. Bd. of Educ., 624 F. Supp. 842 (N.D. Ill. 1985). · cites it 2× “20 U.S.C. § 3413 (c)(3) (emphasis added).”
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