A person with disabilities who is denied rights under the Civil Rights Act, or a person acting on their behalf, may file a discrimination complaint through the Office of Civil Rights (OCR). Legal representation is not necessary to file a complaint. A lawsuit may be filed to enforce rights independent of the OCR complaint process.
A complaint must be filed within 180 days of the last act of discrimination. If more time has elapsed, the complainant may file a waiver. The complainant may also file a complaint following the grievance policy of the individual institution prior to filing a complaint with OCR, but this is not required. However, if using a the insitution's greivance procedure, a complaint with OCR must be filed within 60 days after the internal grievance is filed.
For information on how to file a complaint, visit the U.S. Department of Education's website, call them at 800-421-3481, or email them at ocr@ed.gov.
OCR Can Impose Sanctions on out of Compliance Federally Funded Institutions
In the event that it is determined that a school district is not complying with the Act, OCR will attempt to negotiate corrective action from the school district. However, should negotiation fail to initiate corrective action, OCR may take enforcement action including,
(1) initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings.
