OCR Receives Record Number of Special Ed Complaints

OCR has received more complaints in the past three years (2009-2011) than ever before regarding disability-related issues.  The US Department of Education's Office for Civil Rights ("OCR") enforces federal civil rights laws that prohibit discrimination based on race, national origin, sex, age, and disability.  However, during the period between 2009-2011, 55% of the complaints received by OCR dealt with disability-related issues.  The top disability-related complaint concerned FAPE, but other issues raised by complaints included retaliation, academic adjustments, denial of benefits, and harassment.

OCR's publication, "Disability Rights Enforcement Highlights," can be accessed here.

Meghan Covert Russell

Legal Alert: Dear Colleague Letter, Clarifying 2008 ADA Amendments Act

On January 19, 2012, the US Department of Education’s (“DOE”) Office of Civil Rights (“OCR”) issued a Dear Colleague letter and Questions and Answers regarding the impact of the 2008 amendments to Americans with Disabilities Act (“ADA”) on public school districts.  These documents provide guidance on the requirements of the ADA and Section 504 of the Rehabilitation Act (“Section 504”) in light of the changes made by the 2008 ADA Amendments Act (“Amendments Act”).  Generally these amendments have the effect of broadening the definition of what constitutes a disability, and thus who will receive special education services from school districts.

For more information please see our complete Legal Alert here.

Meghan Covert Russell