W
ASHINGTON — For parents navigating the complexities of advocating for their children with disabilities, the path can be both emotionally taxing and financially burdensome.
Advocates are sounding the alarm over recent changes made by the Education Department, which they fear could further complicate these already challenging circumstances.
When parents believe their child is not receiving the necessary services or accommodations, they have several options to address the situation within their school district. These options might include lodging complaints with the state, claiming that their child’s rights are being infringed upon without due process, or even pursuing legal action in state or federal courts.
Unfortunately, these procedures often involve a series of hearings with officials who may not be well-versed in disability law. The legal fees can quickly accumulate, reaching tens of thousands of dollars. In many cases, legal aid organizations are overwhelmed, leaving numerous families without the help they desperately need.
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For families that cannot afford legal help, filing a complaint with the Education Department has, in the past, been a viable route. This process starts by completing the Office for Civil Rights’ online form and providing details about alleged discrimination. The agency is then expected to investigate, which typically involves interviewing district personnel and reviewing policies for potential violations.
“This process is backed by the authority of the federal government,” stated Dan Stewart, managing attorney for education and employment at the National Disability Rights Network. “The complaint portal and processing guidelines are public, and usually, you don’t need legal representation.”
Nonetheless, advocates are worried that this option may soon become less accessible.
During President Donald Trump’s administration, the Education Department experienced substantial staff cuts—around 50%—which significantly affected the Office for Civil Rights, the entity responsible for handling discrimination complaints involving students with disabilities. This office has been directed to prioritize cases of antisemitism. After the power shift, over 20,000 pending cases, including those involving disabilities, remained unresolved for weeks. Although processing has resumed, advocates are skeptical about the department’s ability to manage the increased workload with a reduced staff.
“The reduction in staff severely limits the Office for Civil Rights’ ability to investigate,” Stewart remarked. “It’s hard to see how they can keep up with the backlog and the new complaints coming in.”
A recent federal lawsuit has been filed, challenging the layoffs at the Office for Civil Rights, arguing that these cuts have significantly undermined the office’s capacity to effectively handle and investigate complaints.
While the OCR process has its shortcomings, reducing the investigative workforce only intensifies the struggles families face when seeking help for their children, according to Nikki Carter, an advocate and one of the plaintiffs in the lawsuit.
“It leaves families feeling helpless and disheartened,” Carter explained. “Reducing staff and imposing restrictions on certain cases only heightens the sense of urgency and frustration.”
Education Department officials assert that these staffing cuts will not impede civil rights investigations, describing the layoffs as “strategic decisions.”
In Alabama, where Carter is based, families face significant challenges in obtaining legal representation.
“Many simply cannot afford an attorney,” she pointed out. “And often, the available representation does not adequately meet their child’s needs.”
Even those who can shoulder the financial burden often find a scarcity of attorneys skilled in disability discrimination cases. Free legal aid programs frequently have limited resources.
If the backlog at the federal Office for Civil Rights continues to grow, families may become disenchanted with the efficiency of investigations into their complaints, Stewart cautioned. This disillusionment could lead them to seek resolutions at the state level instead.
However, state and local agencies often lack the necessary resources and expertise to effectively address educational disability complaints, as these issues have typically been managed by the U.S. Education Department.
“They may not have the infrastructure, knowledge, or staffing to handle the influx of cases,” Stewart explained.
In a separate recent federal lawsuit, Democratic attorneys general argue that the staffing cuts at the Education Department may lead school districts to overlook complaints of discrimination or harassment.
“Students currently with complaints are unlikely to see significant resolutions, as cases remain backlogged due to inadequate staffing to address them,” the lawsuit claims. “Students facing discrimination, sexual harassment, or assault will lose a crucial channel for reporting their experiences.”
