elementary and secondary institutions, we have been unable to do very much more than just title VI complaints in the 17 Southern and Border States because of the Adams order. With respect to higher education institutions we would put the complaint into our case backlog and try to reach it as quickly as possible. Most of the time, in the interest of fairness, we must operate on a first-come, first-served basis. COMPLAINTS FILED Mr. ROYBAL. Approximately how many complaints did you have last year? Mr. GERRY. Let me give you the figures first for higher education. With respect to calendar year 1975, we received 118 title VI complaints, 85 title IX complaints, 50 Public Health Service Act complaints, 59 Executive order race-related complaints, 45 Executive order sex-related complaints, for a total of 357 complaints. The total backlog at the end of calendar year 1975 was 993 complaints. However, investigations have started of 556 of the complaints in the backlog or approximately 56 percent. Perhaps that would give you a picture of the overall complaint handling problem in the higher education area. The backlog in the elementary and secondary education area at the end of calendar year 1975 was 493 complaints. RESOLUTION OF COMPLAINTS Mr. ROYBAL. How many adjustments have you made as a result of the complaints? Mr. GERRY. I would be happy to supply for the record a more detailed description of the type of action, or the type of determination which have been made. Mr. ROYBAL. Will you please do that with regard to education, but also include the National Institutes of Health and any other organization that may have complained during the last year. It may determine what you do after you get a complaint and whether or not it makes any sense to complain at all? Mr. GERRY. I would be happy to supply that for the record. I would indicate that the HEW program agencies such as the National Institutes for Health and the Office o Education and other relevant agencies, of course, have a responsibility in the direct administration of the program to encourage the use of the funds for broad-based training programs and have taken some activity. I would be happy to supplement the record with respect to the overall HEW effort. Mr. ROYBAL. And also give us an indication of how many adjustments were made as a result of these complaints. Mr. GERRY. I will be happy to do that. Mr. ROYBAL. Also show how many complaints were not justified. This is a two-way street. There may be some complaints that have justification and some that have no justification whatsoever. Mr. GERRY. We will provide such a breakdown. Mr. ROYBAL. And how you handle each one of them, whether they were justified or not. Mr. GERRY. Of course, we wouldn't identify complainants or specific complaints, but we would be happy to provide the summary information. Mr. ROYBAL. That is all we are interested in, anything which will clearly indicate what you do after a complaint is received. I just want to be sure that you just don't file it. Mr. GERRY. I can assure you we don't. Mr. ROYBAL. Or send them to see the chaplain. Mr. GERRY. We don't file complaints, but we do have, as I indicated several times, a very serious backlog problem. [The information follows:] I would like to submit to the subcommittee a copy of the form used by the elementary and secondary education division to chart complaints. These completed charts, with the exception of complainant names, are made available to the public under the freedom of information provisions of law. Clearly, they are available for review by the subcommittee. I believe they indicate a current and continuing effort to track complaint processing. Statistical data related to Mr. Roybal's concerns in higher education are being compiled in response to a court order and I anticipate that by mid-April it will be completed and can be furnished the subcommittee. In our Health and Social Services Division in calendar year 1975 the division received 307 complaints. Of that number 226 were substantiated. It was found that 81 were not title VI complaints (unsubstantiated) and were referred outside OCR. In the resolution of the remaining complaints we were successful in eliminating segregated facilities; in changing the employment practices of recipients of Federal funds so as to make services and benefits available to minority beneficiaries; and in providing for the participation by minorities in programs which heretofore they were either excluded from or were limited in their participation. "LAU" COMPLIANCE PROGRAM Mr. ROYBAL. Mr. Chairman, I am going to ask one more question, and I will submit the rest of them for the record because I realize we have another hearing pending. Under the Lau Court decision, OCR has undertaken a compliance directed at 352 school systems. If that number is correct, are these the only school systems subject to this law, or are they the only school systems that can be identified under Lau? Mr. GERRY. The situation, Mr. Roybal, is this: The Supreme Court in Lau v. Nichols upheld the policy memorandum issued by the Department on May 25, 1970, which outlined the responsibility of school districts to provide equal educational opportunity to national origin minority children deficient in English-language skills. The decision had the primary effect of providing support for continued enforcement efforts by the Department. As a result of the decision by the Supreme Court, and its impetus for our enforcement efforts, we first identified 333 school districts on the basis of our 1972 Elementary and Secondary School Civil Rights Survey of approximately 8,000 school districts. These districts reported a large number of national origin minority children receiving little or no special language instruction. We then sent each of the districts a fairly detailed form which asked for information so we could determine whether or not appropriate educational services were, in fact, being provided. The 333 districts are not presumed to be discriminating; they simply were the first group of school districts that we selected on the basis of this relatively simple statistical analysis. The principles involved in the Lau decision and the May 25 memorandum apply to all school districts. Again, we are engaged in an effort which concentrates resources initially on larger school districts. In many of the districts compliance problems were determined and we negotiated corrective action plans in some cases. I want to further add that we issued, on August 11, 1975, an outline of remedial approaches to help school districts in submitting corrective plans. Many school districts without actually having participated in an investigation have voluntarily adopted such plans, and I think in general there has been important progress in this area. STAFF MINORITY AND SEX STATUS Mr. ROYBAL. I have other questions on the same subject that I would appreciate your answering for the record, but at the moment, I would like to know how many employees you have in the Office for Civil Rights, who are women; how many are blacks; how many Hispanic. Can you provide that now? Mr. GERRY. Let me see if I have the total figures. The data I have is broken down by grade level. I can give you the professional employees of the office if that would be all right and provide the other figures for the record. Mr. ROYBAL. The professionals would be probably more significant than the overall. Mr. GERRY. Let me first give the overall figures. As of December 20, 1975, the entire staff of OCR was 56.1 percent female and 60.7 percent minority. Going by grade levels in the top positions Mr. ROYBAL. Back up just a minute; 60.7 percent were minorities. Can you break that down to the various ethnic groups that are involved? Mr. GERRY. As of December 20, 1975, the number of black employees was 344 or 49.2 percent of the staff on board as of that date. The number of Hispanic employees was 71 or 10.1 percent of the staff. The number of Asian employees was 12 or 1.7 percent of the staff. The number of American Indian employees was seven or 1 percent of the staff. There are 218 black females, 28 Hispanic females, 4 American Indian females and 8 Asian females. Mr. ROYBAL. But of all these women there are only four Hispanic. Mr. GERRY. There were 28 Hispanic females. The figure of four, again, represents American Indian females. Again, the total number of Hispanic employees as of December 20, 1975, was 71. Mr. ROYBAL. And how many blacks? Mr. GERRY. 344-218 black females and 126 black males. Mr GERRY. Twelve-8 Asian females and 4 Asian males. Mr. ROYBAL. Again, if we examine the proportions, we find that it is not a very good distribution? Mr. GERRY. I think there is no question we are underrepresented in terms of Hispanic, American Indian and Asian employees. We are moving rapidly with our affirmative action program to improve our record. Let me add, because sometimes these figures can be masked in terms of grade levels, it might be helpful to give you a breakdown of the three highest grade levels in the office, the career civil service positions. At grade 15, we have 36 persons. This included 8 women or 22.2 percent of the total GS-15 employees. The total of GS-15 minority employees is 15 or 41.6 percent. There is one Hispanic employee or 2.7 percent. Of the 10 regional OCR directors, there are 2 women and 8 men; there are 3 whites, 6 blacks, and 1 Hispanic. At grade 14, there are a total of 70 persons. Women represent 10 of the 70, or 14.2 percent. The total of GS-14 minority employees is 44 or 62.8 percent. There are 11 Hispanic employees or 15.7 percent. Finally, at Grade 13, there are 104 employees. Eighteen are women, approximately 18 percent. The total of GS-13 minority employees is 57 or 54.8 percent. There are 12 Hispanic employees, approximately 12 percent. The distribution of minorities and women throughout the office remains pretty much the same at the top of the organization as it does for the totals, although we need improvement, without question. Mr. ROYBAL. With emphasis, of course, to be placed in certain categories, in certain minority categories. Mr. GERRY. Yes. Mr. ROYBAL. This emphasis, you know, has been promised right along, at least since I have been on the committee, and having served on another committee and asking the same questions, we always find |