Key Points:
- Federal disability complaint system slowed by staffing cuts
- Handoff to states puts more focus on state-level complaint system
- Advocates plan to revamp conversation around complaint coverage
By Kiera Riley | Arizona Capitol Times
With empty desks and a heavy caseload at the U.S. Department of Education’s Office of Civil Rights, advocates for families with disabilities anticipate a pivot away from the federal route for discrimination complaint resolution.
Instead, attorneys and a policy expert expect new attention to the state level complaint system and the statutory plan constructed to protect students with disabilities in the next legislative session.
“It is a very tough time to be a student with a disability in general,” Amanda Glass, education team managing attorney at Disability Rights Arizona, said. “Technically, you do still have protections. The laws still exist. But as we’ve discussed, your enforcement options are becoming more and more limited.”
The Office of Civil Rights in the U.S. Department of Education is tasked with enforcing discrimination complaints dealing with Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 at any K-12 or higher education institution in receipt of federal funding.
In the past, Glass said, her office would recommend the Office of Civil Rights as a strong starting point for resolving disability discrimination complaints.
