WASHINGTON — Navigating the system for children with disabilities can be a complex, lengthy, and costly process for parents.
Advocates for children with disabilities warn that changes within the Department of Education could further complicate this process.
If parents believe their child isn’t receiving adequate services or accommodations at school due to a disability, they have several avenues for recourse. They can lodge complaints with the school district, file grievances with the state alleging a denial of due process, or even pursue legal action in state or federal courts.
These processes frequently involve multiple sessions with hearing officers who aren’t necessarily experts in disability law. Legal costs can escalate to tens of thousands of dollars for a single case. Organizations offering free legal aid and advocacy often struggle to meet the overwhelming demand for their services.
Filing a complaint with the Education Department has historically been a viable option for families unable to afford legal representation. This begins with completing an online form provided by the Office for Civil Rights, detailing the alleged instances of discrimination. Agency staff then investigate the complaint, often interviewing school district personnel and reviewing district policies for potential widespread violations.
Dan Stewart, managing attorney for education and employment at the National Disability Rights Network, emphasizes the significance of this option, noting the federal government’s backing. He points out that the process, including the complaint portal and processing manual, is publicly accessible and typically doesn’t require legal representation.
However, advocates suggest that this option is becoming increasingly inaccessible.
Under the Trump administration, the Education Department’s staff has been reduced by approximately half, including within the Office for Civil Rights, which is responsible for investigating discrimination complaints against children with disabilities. The staff has been instructed to prioritize antisemitism cases. Over 20,000 pending cases, a significant portion of which involve children with disabilities, were largely untouched for several weeks following Trump’s inauguration. Although the freeze on processing these cases was lifted earlier this month, advocates are skeptical about the department’s ability to address them effectively with a reduced workforce.
Stewart argues that the staff reduction effectively guts the Office for Civil Rights’ investigative authority and responsibility, making it impossible for the office to manage the backlog or handle incoming complaints.
A federal lawsuit filed on Friday challenges the layoffs at the Office for Civil Rights, asserting that they severely impair the office’s ability to process and investigate complaints.
Nikki Carter, a disability advocate and plaintiff in the lawsuit, notes that while the OCR process wasn’t flawless, diminishing the office’s investigative staff will only exacerbate the challenges families encounter when seeking support for their children.
Carter states that this situation makes families feel hopeless and helpless, and that reducing staff and imposing restrictions on certain cases only intensifies these feelings.
Education Department officials maintain that the staff reductions will not impact civil rights investigations and describe the layoffs as “strategic decisions.”
Carter highlights the difficulty families in Alabama face in securing legal representation.
She explains that families either lack the funds for an attorney or feel that the representation they’re receiving isn’t in their child’s best interest.
Even for families who can afford the expenses, there are few attorneys with the specific knowledge to handle disability discrimination cases, and programs providing free representation often have limited capacity.
Stewart suggests that a growing backlog of cases at the federal Office for Civil Rights could erode families’ confidence in the department’s ability to investigate their complaints promptly, potentially leading them to pursue alternative avenues, such as state complaints.
However, Stewart notes that state and local agencies may lack the resources or expertise to effectively handle education disability complaints, as these cases were previously directed to the U.S. Education Department.
Stewart cautions that these agencies might not have the infrastructure, knowledge, or staffing required to manage an influx of cases.
In a separate federal lawsuit filed on Thursday, Democratic attorneys general argued that the staff reductions at the Education Department could encourage school districts to disregard complaints of discrimination or harassment.
The lawsuit states that students with existing complaints are unlikely to see meaningful resolution due to case backlogs caused by staff shortages and that students facing discrimination, sexual harassment, or sexual assault will lose a crucial channel for reporting their cases.
“`
