In the upcoming series, DRAZ will be discussing and comparing different Section 504 enforcement options.
The State of OCR and Alternative Section 504 Enforcement Options
Historically, if a parent believed their child’s rights under Section 504 had been violated, they could file a complaint with the U.S. Department of Education, Office for Civil Rights (OCR). However, OCR’s enforcement operations were significantly impacted in March 2025 when around half of OCR’s staff were placed on paid administrative leave and seven of the 12 regional OCR offices were closed.
On April 28, 2026, Senator Sanders, Ranking Member of the Senate Health, Education, Labor and Pensions Committee, and his staff published a comprehensive report (Sanders Report) on what has been going on at OCR. According to the Sanders Report, which collected data from OCR’s recent resolution database, in 2025, OCR had its least productive year since 2012. In addition to reaching zero resolution agreements regarding sexual harassment, sexual violence, seclusion or restraint, racial harassment, or discriminatory school discipline, OCR also reached 78.7% fewer disability discrimination resolution agreements compared to 2024.
On June 16, 2026, the U.S. Department of Education announced an interagency agreement between OCR and the U.S. Department of Justice (DOJ), allowing OCR to refer investigation to DOJ. It is unclear how this partnership may affect the office’s functioning going forward.
In light of the uncertainty surrounding OCR’s operations, DRAZ is highlighting alternative options for Arizona families seeking to enforce their rights under Section 504.
What is Section 504?
Section 504 of the Rehabilitation Act (Section 504) protects students with disabilities from disability-related discrimination by entities that receive federal funding, including public school districts and charter schools. For Section 504 purposes, a qualifying disability is defined as a “physical or mental impairment that substantially limits one or more major life activities” and covers those who have such a disability, who have a record of a such a disability, or who are regarded as having such a disability.
Public schools must identify and locate students with disabilities in their jurisdiction. Schools are also required to have procedures in place for the evaluation and placement of students who “need or are believed to need special education or related services.”
Under Section 504, public elementary and high school districts are required to provide students with disabilities a Free and Appropriate Public Education (FAPE). Students with disabilities are also entitled to reasonable modifications of policies, practices, or procedures of the public school.
The identification, evaluation, and FAPE obligations are very similar to requirements under the Individuals with Disabilities Education Act (IDEA), but Section 504 and IDEA are different in important ways. For instance, because disability is defined more broadly in Section 504, students protected from discrimination by Section 504 may not necessarily be eligible for special education under the IDEA.
Section 504 and IDEA also have different complaint options and are enforced by different agencies. This series will focus on complaint options available under Section 504.
