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Topic Summary

Posted by: name
« on: July 02, 2018, 02:39:04 PM »

HEW (Department of Health, Education, and Welfare) was the predecessor of what became the separate departments of Education and Health and Human Services.  Merging Education with Labor would, in theory, align education with workforce preparation.  It's not a bad match on paper.  The gravamen of the law suit rests on Sec. DeVos' disregard of the Administrative Procedure Act, however.  There's a few things going on, in other words.  Keeping eyes on the Administrative Procedure Act violation will help keep the rest in focus as the dust settles (wherever and whatever that finally is).
 
Posted by: GoingNuts
« on: June 29, 2018, 11:40:53 AM »

Two updates:

(1) The President has issued a plan to merge the Department of Education with the Department of Labor into a single agency.  It will require Congressional approval.  Refer to your news source of choice for details.


And just how to these two go together? 

Just a rhetorical question.  I don't actually expect an answer!  ~)
Posted by: name
« on: June 28, 2018, 08:17:44 PM »

Two updates:

(1) The President has issued a plan to merge the Department of Education with the Department of Labor into a single agency.  It will require Congressional approval.  Refer to your news source of choice for details.
(2) A federal civil rights suit was filed against the Department of Education last month to challenge the 'revised' Case Processing Manual allowing the agency discretion to dismiss cases by serial filers. 

The former may render the latter moot. 
Posted by: Macabre
« on: April 21, 2018, 07:39:33 AM »

DeVos Education Dept. Begins Dismissing Civil Rights Cases in Name of Efficiency


The changes worry civil rights groups, which point out that Education Secretary Betsy DeVos has already rescinded guidances meant to protect students against sexual assaults on campuses and black and transgender students against bias.


By Erica L. Green
April 20, 2018
WASHINGTON — The Education Department’s Office for Civil Rights has begun dismissing hundreds of civil rights complaints under a new protocol that allows investigators to disregard cases that are part of serial filings or that they consider burdensome to the office.

Department officials said the new policy targeted advocates who flooded the office with thousands of complaints for similar violations, jamming its investigation pipeline with cases that could be resolved without exhausting staff and resources. But civil rights advocates worry that the office’s rejection of legitimate claims is the most obvious example to date of its diminishing role in enforcing civil rights laws in the nation’s schools.

Liz Hill, a spokeswoman for the Education Department, said the new provision was part of the office’s revision of its manual that lays out procedures for processing civil rights cases.

The goal of the new manual, which took effect last month, is to help the office better manage its docket, investigations and resolutions, she said.


Among the changes implemented immediately is a provision that allows the Office for Civil Rights to dismiss cases that reflect “a pattern of complaints previously filed with O.C.R. by an individual or a group against multiple recipients,” or complaints “filed for the first time against multiple recipients that” place “an unreasonable burden on O.C.R.’s resources.”

So far, the provision has resulted in the dismissal of more than 500 disability rights complaints.

Catherine E. Lhamon, who led the Office for Civil Rights under the Obama administration, said the new provision undermined the mission of the office. Unlike the Justice Department, the Education Department cannot pick and choose the cases it pursues. If the office has evidence that the law has been violated, it must open a case.

“The thing that scares me is when they get to say ‘we won’t open some cases because it’s too much for us,’ or ‘we don’t like the complainant,’ or ‘it’s not our week to work on that,’ you start to change the character of the office,” Ms. Lhamon said.

But Debora L. Osgood, a lawyer who worked for 25 years at the Office for Civil Rights and now consults with and represents schools on civil rights matters, praised the change. . . .


https://mobile.nytimes.com/2018/04/20/us/politics/devos-education-department-civil-rights.html?smid=fb-nytimes&smtyp=cur