The Office for Civil Rights (OCR) handles issues around disability discrimination and access to education. These rights are broader than those provided by the Individuals with Disabilities Education Act (IDEA).
To involve the OCR, you file a complaint alleging disability discrimination. You must do this promptly, within 180 days of the discriminatory behavior. If the OCR agrees that you have alleged discrimination correctly, it will begin an investigation. There will probably be an opportunity to mediate with the school district. If the matter is not settled in mediation, typically the OCR will resolve it directly with the school district. You will not have any input into that resolution.
This process is fairly effective in addressing problems in the school district’s policies and systems, as the OCR is likely to make the school district comply with policies and put in place training that may be missing. For the individual, it is often less satisfactory. The investigation process can take over a year, and the OCR is more interested in systemic remedies than in solving individual problems. You don’t have any control over the resolution between the OCR and the school. An OCR complaint is useful to hold the school accountable, and if you have a case that may eventually be filed in court, having a favorable OCR outcome may be a good start.
You can file an OCR complaint by yourself or with an attorney. Because the process drags on for a while, it takes a fair amount of attorney time. But it is still much cheaper than a due process complaint and hearing. The OCR takes the complaint seriously whether or not you have an attorney, so you may succeed by filing it yourself. Because the timeline is so short, if you don’t make the right allegations, you probably will not have another chance to file, so you need to be careful.
Access to Justice for My Child with Disabilities
Navigation for 8-part blog series
- Part 1: Diagnose Your Problem and Possible Solutions
- Part 2: Working with the School District
- Part 3: Complaining to the Office for Civil Rights
- Part 4: Getting Help and Asking for Mediation
- Part 5: A State Level Complaint
- Part 6: Filing a Due Process Complaint
- Part 7: Why Doesn't the School Cooperate?
- Part 8: Access to Justice for Special Ed and Disability Issues
- Notice to Opposing Counsel in Discovery: The Intersection of Technology and Courtesy
- In the Interest of C.S.: Yet Another D&N Appeal Dismissed
- Sanctioning Bad Behavior in Litigation: The Supreme Court Speaks to the Limits of Courts’ Inherent Power to Award Attorney Fees for Discovery Abuses
- The 2016-2017 U.S. Supreme Court Term in Review
- Personal Jurisdiction: Where Defendants Can Be Sued