Section 504 Enforcement Options
OCR Complaints
Despite the uncertainty at the U.S. Department of Education, you can still file a complaint at no cost with OCR for discrimination on the basis of disability. However, you should expect long wait times in the OCR complaint process. You must file your complaint within 180 days of the date of discrimination. If you have missed the 180-day window, you should provide the reason for the delay and request a waiver of the timing requirement, but be aware that these waivers are rarely granted. Filing an OCR complaint does not preclude you from simultaneously pursuing other dispute resolution options, such as an internal grievance or lawsuit. OCR may, however, dismiss the complaint and advise you to re-file within 60 days of the relevant outcome.
There are still compelling reasons to consider filing an OCR complaint. A complaint or potential complaint can provide leverage in any informal negotiations you might pursue with the school, because you can offer to withdraw or to not file your OCR complaint in exchange for your requested relief.
If things change at OCR in the future and it begins functioning at its previous capacity, you do not want to have missed the 180-day period to file and risk missing out on potential relief. Even if your case faces delays, an OCR complaint creates a record of the alleged violation with the Department of Education and helps demonstrate the importance of a functioning OCR to lawmakers. If OCR decides to investigate, the school district will be required to acknowledge the issue and cooperate with the investigation. For more information, take a look at our resource on OCR complaints here.
Additionally, if both parties agree, OCR also provides the option for free mediation. An OCR mediator will work with both parties to come to a resolution. If you are interested in mediation, there will be a box to check near the end of the complaint form. Checking the box does not guarantee mediation. If OCR determines the complaint is not appropriate for mediation or the school does not agree to participate, OCR will pursue its typical investigative process.
If you have decided to file an OCR complaint, complete the OCR complaint assessment. If OCR determines your allegations fall within its jurisdiction, it will start an investigation. OCR may attempt to negotiate a voluntary resolution agreement before the investigation is completed, or OCR may complete a full investigation that results in findings. Either party may appeal a dismissal or finding of non-compliance within 60 days.
To wrap up our six-part series, our final post will offer a comparison of the Section 504 enforcement options discussed.
