Our next speaker from the administration is somebody who I've literally known for decades
as a champion of civil rights.
He served in a previous administration, where he also served on civil rights issues.
Our special guest for lunch is Kenneth L. Marcus, and he is the Assistant Secretary
for civil rights at the U.S. Department of Education.
He has an extensive background in civil rights law.
He most recently served as president and general council of the Lewis D. Brandeis Center for
human rights under law.
He was previously staff Director of the U.S. Commission on Civil Rights, and before that
he was delegated the authority of Assistant Secretary of Education for civil rights under
President George W. Bush.
He also previously served as the Lillie and Nathan Ackerman Chair in Equality and Justice
in America at the City University of New York School of Public Affairs.
Mr. Marcus is a graduate from the University of California at Berkeley of Law and Williams
College.
I'm really delighted—before he comes out—I just want to acknowledge that the disability
community has not had as smooth a relationship in some cases with his department, and that
he has inherited a bit of a rift that he is working on, and that we have an open good
relationship with him and know him to be a person of tremendous integrity and work and
that we are deeply appreciative of the fact that he is here.
He is new in his new job as a political appointee of the Trump Administration serving at the
pleasure of the President and I am delighted and honored that he has joined us today.
Kenneth Marcus.
Thank you, thank you all.
As Jennifer says, we have known each other for decades.
It is such a pleasure to be here.
I've had so much respect for you over the years for leadership on so many issues.
And have been so impressed with what you built here with RespectAbility and the work that
you are doing.
It was also an honor to be here with representative Brad Sherman, I think he may have left, so
we can now say whatever we want to about him.
But what I'll say is having known him for some years and worked with him on different
issues, I found him to be an exceptionally energetic, well-informed advocate.
Sp I think it is a privilege to have heard from him.
I see other friends here, Bill, Heidi, lots of folks.
Good to see you all.
My colleague, Ollie Cantos, is here. Some of you may know him
I guess he's on the board of advisers of this
organization.
This, like many of you—this is what he does on his days off.
But these are the sort of issues he deals with on his days on as well.
So, it's a pleasure to be working with him and to be with him today.
I understand you heard from my colleague Johnny Collett just a little while ago.
So, I'll have only a few remarks.
You may recall that he administers the IDEA for our department, Department of Education.
What I do in overseeing the Office for Civil Rights to enforce civil rights laws involving
issues of disability as well as race, color, national origin, sex, et cetera.
So, we are in the law enforcement area.
Over time I have been, I guess, honored to learn from this organization and from Jennifer.
One of the issues that, speaking personally, that I have been concerned about are some
of the numbers that we see involving the graduation, graduation as well as employment rates, for
people with disabilities.
We've seen in recent years for Americans, high school graduation rates vicinity lately
in 80, 81, 82% rate.
But when we're looking at students with disabilities, it's about 20 points lower
as Jennifer just indicated. And that delta
That 20 points is an area of concern. Especially when
we know there are others who are disabled, who are also either English language learners
or who may be racial or ethnic minorities, and who may therefore be subject to multiple
forms of disability.
Now I was discussing this issue recently with some of my colleagues.
We have a division that's focused on disability issues.
And they made the point, which I think is important, which is that some of the heart
and soul of what we do on disability issues involves providing free and appropriate education
for students with disabilities, in the hope that they get the same opportunities that
others do, and that this can help them to reach excellence—and to achieve the same
amount of potential as everyone else.
As we are looking at law enforcement—and I should say I've been there only three and
a half weeks.
This is not just the first disability related organization I've spoken to, this is the first
organization of any kind I've spoken to publicly.
And who better, who better?
So, what we are able to do besides simply policy is to enforce civil rights laws in
cases proactively or in response to complaints.
By way of example, last week—last week we had a complaint that we, that we oversaw in the
midwest, in which happen student came to us and told us that the bathroom stalls in her
school the doors were too heavy, the sizes were not appropriate, they had ramps up the
school incline was not one that was appropriate or consistent with federal law.
And she was literally left behind on various situations—including perhaps most horribly
in multiple, multiple fire evacuation drills.
She was simply left behind, time and time again.
In that case, we worked with the city and the school district to make sure that that
won't happen again.
That they will correct the problems with respect to the ramps, they will correct the problems
with respect to the restrooms, and most of all, they will make sure that no one is left
behind either literally or figuratively.
And that they will provide safety for all Americans.
So, law enforcement is a big part of what we do.
I think Congressman Sherman was helpful in giving a few practical suggestions, that's
something that would be helpful to you as well.
I can't speak to Congress and lobbying— but a couple things I would say in working
with executive branch agencies—if that's of interest.
First, it is very helpful to us to get information about schools in districts
that are not complying with the law.
We like to say that we want to work proactively with institutions to ensure they are compliant
in advance.
But when they are not we need to know about it.
So, if you are aware of problems with schools or colleges or public libraries, please, the
Office for Civil Rights is here to receive those complaints—best if they that are specific.
Best if there is also a student who is harmed by it whom you can identify.
If you can't, there are lots of situations in which we can help anyhow.
If there is a student who is harmed, please do let us know.
I think Representative Sherman used example that there are times you might want to write
to an executive agency, he might have used our agency as an example, to urge particular
kind of civil rights enforcement.
One thing I would suggest in that, is it is very helpful if you have something to bring
to our attention for policy to be specific.
And especially if there are practical ways that you want to make things better.
We get lots of letters from different organizations telling us in very broad or general terms,
that we should enforce civil rights more actively.
What is really helpful if you can use your knowledge or experience, your expertise, to
give us specific examples of things that we ought to be doing, or that schools ought to
be doing colleges or universities should be doing.
We can't think of everything.
So, if you are thinking of very specific, practical suggestions, that is always helpful
to us.
So, let me say in closing, since I have only been with the government for three weeks in
this stint.
I can't take credit for all the good stuff, what I can say is this: It is a real pleasure
to begin by seeing all of you and by being with you today.
I don't know if I can volunteer Ollie, but he'll be here, I'm sure he wouldn't mind
reporting to me any conversations you have with him.
Chelsea Henderson, my colleague, is here as well—we definitely are here to support all
of our country's students.
To the extent that you have any issues involving students, to the extent that you are a student,
or parent of a student, or educator or have concerns, we want to hear from you we are
here to serve.
I thank you very much.
And I wish you the best during your time at this conference.
Can I ask one question?
Sure.
Here is my one question.
Since you are three weeks on the job, we have a lot of young leaders who someday, would
like to have the kind of job that you have.
So, if you were talking to—and now you are—a group of young leaders with and without disabilities
who are thinking about civil rights and advocacy as a career, what advice can you give them
so that someday, A) they can be qualified and have an impact, and B) be ready to be
Senate confirmed.
Well, thank you for that, thank you for that comment of Senate confirmation.
As Jennifer well knows, I just received the overwhelming support of the United States
senate for my confirmation.
Margin of 50 to 46.
So, you can decide how much advice you want to take from me on that score.
But I will say the following about first part of her question—which is, young or not so
young—people who are interested in public service, and interested in government positions—which
may be senate confirmed or not, I think it's important to develop the skills that are appropriate.
At the Office For Civil Rights, we are hiring now.
We'll be looking to hire approximately 65 people.
A lot of them—a lot of these are legal positions not all of them.
They were not all in Washington D.C.
But attorneys are probably the number one position that we hire for our law enforcement function.
So, I would say develop appropriate skills—and for our line of work that means law.
And in law, I would say build abroad evident possible array of skills,.
So that's disability law, but also other fields of civil rights law, because there
are connections.
Civil rights law, but also general law, because you need to look at statutes in the constitutional
context, so you need constitutional law.
You need to look at the administrative process.
So you need administrative law.
And I'll tell you that during my time, founding and leading a public interest advocacy group,
there was really no area of law that wasn't pertinent.
So for example, corporations law became important for some of our cases.
So, what I would say is build the broadest array of skills so that you can be of use.
And I'll say another thing about it.
There are many different ways that you can be of public service.
Certainly, I have chosen to work in government.
I have chosen to work for think tanks.
I established a public interest advocacy group.
But there are other ways as well—whether you are in public interest work or whether
you're not.
When I was with a law firm, we found ways of doing pro bono work.
We found ways of serving on the Board of Directors or other kinds of Boards with nonprofit organizations.
Whether you choose to go full time into this sort of work or not, there will be opportunities
to be of service to society.
And wherever you are, and whatever you do, there is a way of making a contribution if
you have the will.
Ken Marcus, thank you so much.
We really really appreciate it.
Thank you so much.
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