U.S. Department of Education’s Office for Civil Rights Concludes D.C. Public Schools Discriminates Against Students with Disabilities

Today, the U.S. Department of Education's Office for Civil Rights (OCR) concluded that the District of Columbia Public School System (the District) has violated Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II) by denying students with disabilities a free and appropriate public education.

"After a thorough investigation, today's findings reveal that D.C. Public Schools has extensively violated federal antidiscrimination law by failing to serve students with disabilities. Students and their families have been forced to demand accommodations the law entitles them through an adversarial system that, among other shortcomings, denies students timely evaluations, individualized placements, and reliable transportation that meets students' needs," said Assistant Secretary for Civil Rights Kimberly Richey. "The District must take immediate action to remedy their violations and protect the rights of current and future students to a free and appropriate public education. The Trump Administration will work to ensure that no family has to fight for the special education and related services that students with disabilities are entitled by law."

After initiating an investigation last year, OCR found that the District's policies discriminate against students with disabilities, leaving many without timely evaluations and the individualized services they need. Some students wait four months or longer for evaluations, delaying the support essential to their learning and development.

OCR further concluded that the District allows untrained staff members to make decisions about the educational needs of students with disabilities and permits education services to be removed from a students' plan if the school social worker runs out of time or if a student seems unmotivated to participate. The investigation also revealed that the District has no way to ensure students with disabilities have adequate transportation to and from school, presenting serious safety concerns for these students.

OCR issued a proposed Resolution Agreement to the District that specifies actions to remedy the violation of Section 504 and Title II. If an agreement is reached, OCR will monitor the Agreement to ensure the District fulfills all terms and obligations. As a part of that monitoring, if necessary, OCR may conduct additional interviews, obtain data, or take necessary steps to ensure the noncompliance is remedied. If an agreement is not reached, the U.S. Department of Education may initiate enforcement action. The resolution agreement requires the following action items:

• The District will establish a Disability Services Division to oversee the District's provision of services to students with disabilities;

• The District will revise its policies related to students with disabilities, including those related to the identification, evaluation, and placement of students with disabilities;

• The Disability Services Division will provide annual training to District level staff, school transportation staff, Special Education Coordinators, and other school level administrators on the District's revised procedures for serving students with disabilities; and,

• The Disability Services Division will develop a process to properly manage transportation requests, bus delays and cancellations, and safety incidents for students with disabilities.

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