The U.S. Department of Education’s Office for Civil Rights reports an increase in complaints of disability discrimination in schools. (Ting Shen/The Dallas Morning News/TNS)
Complaints of disability discrimination in the nation’s schools are at their highest level in six years, according to the U.S. Department of Education.
According to the newly released annual report, the agency’s Civil Rights Office received 6,749 disability discrimination complaints during fiscal year 2023, which runs from October 2022 to September 2023. That’s up from 6,390 the year before and the highest number since 2017, when more than 7,200 such complaints were filed.
The increase comes as the Department of Education’s Office for Civil Rights received a record number of complaints overall. The office, which is responsible for investigating discrimination based on race, color, national origin, sex, disability and age in Department-funded programs, said it recorded 19,201 complaints in fiscal year 2023 and resolved 16,448 of them.
ADVERTISEMENT – CONTINUE READING BELOW
“The continued need for reminders and enforcement of these core civil rights requirements is depressing,” Katherine E. Lamon, the Department of Education’s assistant secretary for civil rights, wrote in the report, “but I am inspired by the efforts of school communities to right what has been wrong and to support full and equitable access to education for their students, protecting them and achieving our highest national aspirations.”
The largest percentage of disability-related complaints, 2,744, concerned the right of students with disabilities to a free and appropriate public education, according to the annual report. Other major issues that led to complaints included disparate treatment, denial or exclusion of benefits, and retaliation.
In fiscal year 2023, the Office for Civil Rights indicated it addressed complaints about timely assessments, reduced instructional time, restraints and seclusion, access to sports, services during the COVID-19 pandemic, accessibility and more.
“I believe the increase in complaints is directly related to the state’s lack of oversight of enforcement of the law,” said Dennis Marshall, CEO of the Council of Parent Lawyers and Advocates (COPAA), a nonprofit that advocates for the rights of students with disabilities and their families. “The fact that states are not holding school districts accountable is not new. OCR’s investigations and settlement agreements are, in my opinion, one of the few instances where accountability is happening, especially when it comes to segregation, harassment, equity and disability-related discrimination.”
According to the Department of Education, disability complaints typically make up the largest proportion of complaints received, but that was not the case in 2023. This is because one individual filed 5,590 complaints about sex discrimination, resulting in a significant change in the proportions.
The Civil Rights Division says the number of complaints has nearly tripled since 2009, even as staffing has been cut since then. Disability and civil rights groups have called for increased funding for the division so it can adequately handle the growing caseload.
Read more stories like this: Sign up for Disability Scoop’s free email newsletter to receive the latest developmental disability news straight to your inbox.