Where Should A School Discrimination Complaint Be Filed?

By Michelle Ball, California Education Attorney for Students since 1995

When a parent or student experiences discrimination in the school system, they have a choice of where they want to file for an administrative review (e.g. by a government body).  Should they pick the federal government to review the matter or should they file with their local school or college?  

There are generally two choices for non-court^∗∗ administrative discrimination complaints depending on the entity involved, one being the school or college itself, and the other being a government entity.

For a private school student, in a school which takes no federal money and is non-religious, parents and students may be able to go to the United States Department of Justice (USDOJ).  The DOJ will then determine if they may accept the matter for investigation.  A parent or student may also pursue internal filings in their private school, if available.  

For other students, the choice is usually between filing a request for investigation with the school or college or the Office for Civil Rights (OCR), in the United States Department of Education (USDOE).

Why is this a choice?

First, the California Department of Education (CDE) does NOT take discrimination complaints directly and only looks at them on appeal from a public school.  

Second, if a student files with their school or college, and the school or college says there was no discrimination, OCR will not usually review the matter other than the process.  This means the feds won't review the substance of the alleged discriminatory conduct if a parent or student already filed with their school or college and the matter was concluded (in their favor or not).

So, students and parents have to decide at the getgo where to file a request for an investigation, and it is an important determination.

My personal preference is OCR, as OCR tends to be more objective, is not afraid to find discrimination occurred (as it is not their school!), has more resources, and truly aims to get a resolution in most cases.  

How motivated do you think a school district is to find discrimination occurred in one of its own schools or by one of its staff?   

Exactly.  

This is why OCR may be the better place to start.

There is never any guarantee OCR will find actual  discrimination, but it seems more likely they will more objectively pursue the school discrimination investigation and potentially have fairer results.  

OCR can leverage the government purse against schools to obtain correction of wrongs and justice for students.

OCR does not take all complaints for investigation, so it is important for a parent or student to write the initial filing properly, file it timely, and attach any evidence which supports the claims.^∗∗

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

∗∗Administrative filings are separate and distinct from claims students may file in court and I am in no way reviewing those matters here.

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Five Steps To Take To Get Disability Accommodations In College

By Michelle Ball, California Education Attorney for Students since 1995

Once a student transitions from high school to college, their world changes.  If they were a special education student with an IEP (Individualized Education Program) in their high school, they will not be anymore.  They may try to muddle through college without supports, and eventually may fail or drop out if they do not obtain some form of reasonable accommodations for their disabilities in college. But, what steps do students need to take to obtain disability accommodations at their college?

STEP ONE:  The first thing which a student who suffers from a disabling condition must do is NOTIFY the college they have a disability, preferably in writing.  In the college catalog or handbook, there is likely listed a disabled student services or other office to contact, which is in charge of setting up reasonable accommodations for disabled students.  So, step number one is to contact that office to start the process.  If possible, this should be done even before starting classes, to ensure accommodations are in place when the student enters their first class.  However, even if classes have started, the student may still request accommodations for their disabilities.

STEP TWO:  Next, the college student must complete and return the forms which will likely be provided by the college disability office, and provide EVIDENCE (medical documentation) that the student suffers from a disability that impacts a "major life activity."

STEP THREE:  The student then needs to ensure that either they or the office they are working with, provides the information to each of the student's professors.  Professors can sometimes be resistant to student disability plans, so if the student finds the plan is not being implemented or they are being treated differently, they need to go back to the disability office to seek help with enforcement.

STEP FOUR:  Tweaking the plan in place periodically will be important as needs can change depending on the class or setting.  Students with disabilities are not entitled to as much as they may have been in high school, but reasonable accommodations cover a vast array of supports, such as extended time on tests, note takers, testing in a separate location, technological supports, and many other useful items.  Not all students are entitled to the same thing and what will be provided will depend on the individual student's needs.

STEP FIVE:  If the disabled student cannot get reasonable accommodations, for example their professors will not implement them, and/or the college is refusing to provide them what they need, the student can attempt to resolve the matter internally via the college's own discrimination complaint process.  If the student does not want to file internally or their internal complaint is not successful, the student may also want to review potentially filing a discrimination complaint outside the college.  For public colleges, complaints may be filed with the United States of Education, Department of Education, Office for Civil Rights. For private colleges, students would want to review filing with the United States Department of Justice.  Time limits are in place for all filings so the student should submit complaints as soon as possible and should make themselves aware of all filing deadlines.

If you know a student in college who is having difficulties connected to their disabilities, please pass this on to them as lack and/or provision of reasonable accommodations can make the difference between the student completing or failing college.  With no college, their career choices may be more limited and their whole life may be altered for the worse for simple lack of reasonable accommodations in college.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Five Steps To Take To Get Disability Accommodations In College