Project 2025 Tracker / What’s done, what’s next

11. Department of Education · Minor

Require notice and comment for the OCR Case Processing Manual

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Printed page 357 11. Department of Education

“Require APA notice and comment. The President should issue an executive order requiring the Office for Civil Rights' Case Processing Manual to go through APA (Administrative Procedures Act) notice and comment.”

What has happened

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    No executive order requires the Office for Civil Rights' Case Processing Manual to go through APA notice and comment. The 277 executive orders in the window include none on the Case Processing Manual, on OCR procedure, or on subjecting agency manuals to rulemaking; the government-wide guidance orders of this administration (EO 14219 and OMB M-25-20 / M-25-24) direct agencies to review and rescind guidance, not to promulgate it through notice and comment. The nearest thing to the ask is the Department's own choice to put OCR's procedures through rulemaking: RIN 1870-AA21, at final rule stage on the 2026 Unified Agenda, would "amend procedural regulations that apply to OCR's evaluation, dismissal, investigation, and administrative enforcement under Title VI ... Title IX ... and Section 504", with final action projected for July 2026. That is the Department acting on its own regulations, not a presidential requirement about the Manual, and as of 2026-08-28 nothing had published.

Research log

What was searched, and what didn’t count as evidence

Research notes

  • A search of presidential documents in the Federal Register and White House presidential actions for “case processing” and “office for civil rights” found nothing. Federal Register, all types since 2025-01-20: no document titled for the Case Processing Manual. The Manual itself is not in the ed.gov sitemap (2,236 addresses fetched 2026-08-27) and the page at ed.gov/media/document/ocr-case-processing-manual returns not found, so whether a revised Manual exists could not be settled from a source we accept.
  • The Unified Agenda entry is dated by the 2026 Agenda publication rather than by an event of its own; the event date here is the date of the check.

Checked 2026-09-06. The Status did not change; both halves of the open question are now answered from sources we accept.

Is there a revised Case Processing Manual? Not on ed.gov. It had been suggested that the Department’s site search would find it. That search does not work the way it appears to: ed.gov’s usual search box returns a complete page for any query, and its text is identical at 8,098 characters for “case processing manual”, “Title IX” and a nonsense term alike. The Department’s full-text search does work; with it, results are query-specific and a nonsense term returns “There are no results matching your search terms.” Run properly, “case processing manual” returns OCR’s Customer Service Standards for the OCR Case Resolution Process, Questions and Answers on OCR’s Complaint Process and three case-resolution pages — the Manual itself is not among them, and it is absent from the 2,249-address ed.gov sitemap re-fetched that day.

Did the RIN publish? No. A Federal Register search on RIN 1870-AA21 across every document type returns zero documents, and listing every ED final and proposed rule published since 2026-01-01 (31 documents) shows nothing amending OCR’s procedural regulations. The projected July 2026 final action has not occurred, so even the “achieved by other means” reading has nothing behind it yet.

The Status is unaffected either way, because the Quote asks for a presidential order requiring the Manual to go through notice and comment, and no executive order in the window concerns the Manual, OCR procedure, or subjecting agency manuals to rulemaking. The Unified Agenda entry remains the nearest adjacent action and remains the Department acting on its own regulations.

Action
issue
Object
Executive order on the OCR Case Processing Manual
ID
901