Alternatively, or in addition to, pursuing dispute resolution at the school district level, parents may also file a complaint regarding a school district’s violations of Section 504 requirements with the Office for Civil Rights.1 Complaints must generally be submitted within 180 days of the last act of discrimination.2
Anyone can file a complaint with OCR using OCR’s electronic complaint form.3 A complaint can also be filed by mail, fax, or over the phone. When OCR receives a complaint, it will investigate the situation to determine whether federal law has been violated. If it finds a violation, OCR will initially attempt to bring the school district into voluntary compliance through negotiation of a corrective action agreement. If OCR is unable to achieve voluntary compliance, OCR may initiate enforcement action either by (1) starting administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) referring the case to the Department of Justice for judicial proceedings.
In addition, a person may at any time file a private lawsuit against a school district for violations of Section 504. Unlike the IDEA, Section 504 regulations do not contain a requirement that a person exhaust administrative remedies before filing a private lawsuit.4
- 1This process is separate and distinct from the district-level grievance process. A complainant is not required by law to use the institutional grievance process before filing a complaint with OCR.
- 2Complainants can request a waiver of this time period for an event occurring more than 180 days ago, but must show good cause why they did not file the complaint within the 180-day period.
- 3For this form, see OCR Complaint Forms – Electronic and PDF Versions, U.S. Dep’t of Educ.
- 4This area of the law is very complicated. Federal courts have held that sometimes Section 504 claims must be exhausted if they overlap with IDEA claims. The law is not well-settled and varies by jurisdiction, so it is important to research into the state of the law in your jurisdiction and consult with attorneys with expertise in this area before filing a Section 504 lawsuit.