On May 19, 2023, the Department of Education Office for Civil Rights (OCR) and the Justice Department (DOJ) issued a joint letter addressing barriers that college students with disabilities face while accessing online services, programs, and activities—an issue that has become particularly […]
Category: OCR Decisions
On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to investigate and resolve complaints […]
OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior
On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students with disabilities specific to student discipline. The […]
OCR Issues Fact Sheet on Providing FAPE During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under Section 504
The Office for Civil Rights in the Department of Education recently issued a new Fact Sheet. The Fact Sheet repeats prior guidance that “the responsibility for schools to comply with Section 504 continues regardless of how schools provide education: virtually, […]
New OCR Q&A Reiterates Guidance, Promises Additional Guidance on Compensatory Services to Come
On May 13, 2021, the Department of Education Office for Civil Rights published a Q&A on Civil Rights and School Reopening in the COVID-19 Environment. The document is aimed at “helping schools reopen safely and in ways that support equity […]
OCR Decision Highlights Common Child Find Red Flags
A recent OCR decision out of Wyoming is a reminder to school districts of their Child Find obligations—including during remote instruction. In Teton County School District, Wyoming, OCR found in favor of the school district who responded to a doctor’s […]
Outgoing OCR Opens Investigations Into Special Education Services During Remote Learning
In the final weeks of the Trump administration, the Department of Education’s Office for Civil Rights (OCR) initiated “proactive investigations” against Seattle Public Schools and the Indiana Department of Education related to special education services during the pandemic. You’ll recall […]
Discipline, Special Education, and Race: Key Takeaways From Civil Rights Commission Report
In a July 2019 briefing report, the United States Commission on Civil Rights warned that students of color with disabilities face exclusionary discipline, like suspensions and expulsions, at much higher rates than their peers without disabilities. What is the Commission, […]