Get Your IEP Complaint Investigated: Tips for Filing an OCR Complaint (Office for Civil Rights)

I know, we complain too much. What can I say, it’s a complaints-based system. One of the remedies that parents have in special education is to file a complaint with your Office of Civil Rights. It’s easy, and it’s not.

But, don’t be intimidated. An OCR complaint is one of the ways you can create change. If they investigate and force action, they can force a school to make changes.

For the past several budgets that Congress has passed, they have cut OCR funding. The Office of Civil Rights is doing more with less. You want your complaint to stand out. They cannot and do not investigate all complaints, so you want yours at least investigated.

Here are some tips for preparing, writing and filing your complaint with the Office of Civil Rights (OCR) for your disabled child.

What is OCR or the Office of Civil Rights?

In special ed land…you may have heard people use the acronym OCR. OCR stands for Office of Civil Rights.

The Office for Civil Rights (OCR) is a part of the U.S. Department of Education. It is responsible for ensuring compliance with federal civil rights laws that prohibit discrimination in education programs or activities that receive federal financial assistance. The OCR’s mission is to protect students from discrimination based on race, color, national origin, sex, disability, or age.

The OCR provides guidance to schools and institutions, investigates complaints, and can enforce compliance with civil rights laws, including those under the Individuals with Disabilities Education Act (IDEA), which ensures that children with disabilities have the right to a free and appropriate public education (FAPE).

This makes the OCR an important resource for parents who feel their child’s rights under federal civil rights laws are being violated, such as when a school fails to follow an IEP or 504 Plan.

If a parent feels that their child’s rights have been violated, they can file a complaint with the OCR, which can investigate the matter and determine whether any corrective actions are necessary.

They Do Not Investigate Every Complaint!

This is important! Completing and filing an OCR complaint is only part of the process.

The Office for Civil Rights (OCR) does not investigate every complaint it receives. OCR screens each complaint to determine if it meets specific criteria for investigation.

Here’s how the process generally works:

Jurisdiction: The OCR first checks if the complaint falls within its jurisdiction. OCR only investigates complaints related to civil rights violations in education programs or activities that receive federal financial assistance. This includes issues of discrimination based on race, color, national origin, sex, disability, or age.
Timeliness: Complaints must usually be filed within 180 days of the alleged discrimination. OCR may grant a waiver of this requirement in some circumstances.
Sufficiency of Allegations: The complaint must contain enough information to suggest that discrimination has occurred. If the complaint lacks sufficient detail, the OCR may dismiss it or ask the complainant for additional information.
Resolution or Dismissal: After screening, if the OCR determines that the complaint is within its jurisdiction and has enough details to suggest discrimination, it may open an investigation. If the complaint does not meet these criteria, OCR may dismiss it or refer it to another agency that has jurisdiction over the matter.
Early Complaint Resolution: In some cases, OCR may attempt to resolve the complaint quickly through mediation or informal resolution, if all parties are willing.

If your complaint meets these criteria, it is more likely to be investigated. If a complaint is dismissed, OCR will typically provide an explanation of the decision and may offer guidance on other steps you could take.

When to File an OCR/504 Complaint

If your child is in a protected class (disability, minority) ask yourself these questions: Is he being treated differently than his non-disabled peers? Is he being treated differently than his non-minority peers?

Is he being denied FAPE (Free and Appropriate Education, as defined by IDEA)? Do I think he/she is being discriminated against based on race or disability? Then file a complaint!

You also need to think: What would help change this? There is a section for suggestions for resolution and you need to have some ideas. Maybe mandatory training for all staff. Or that the playground gets some accessible equipment, or policies that need to be re-written. Money will not be a remedy. This isn’t a lawsuit for damages.

Reasons for IEP OCR Complaints (Examples)

An IEP parent might file an Office for Civil Rights (OCR) complaint for several reasons, typically related to alleged discrimination or failure to provide a Free Appropriate Public Education (FAPE) as required by federal law. Here are some common reasons:

1. Denial of FAPE (Free Appropriate Public Education)

Failure to Implement the IEP: The school is not following the IEP as written, such as not providing the services, accommodations, or supports outlined in the plan.
Inadequate Services: The school does not provide sufficient special education services, such as speech therapy, occupational therapy, or specialized instruction, as required by the IEP.
Failure to Provide Assistive Technology: The school refuses to provide or implement assistive technology that is necessary for the child’s learning and was agreed upon in the IEP.

2. Discrimination Based on Disability

Discriminatory Disciplinary Actions: The school disciplines the child in a way that is harsher or more frequent than it does for students without disabilities, particularly if the behavior is related to the child’s disability.
Refusal to Make Reasonable Accommodations: The school fails to provide reasonable accommodations necessary for the child’s education, such as modified assignments, extra time on tests, or changes in seating.
Bullying and Harassment: The school fails to address bullying or harassment that is related to the child’s disability, leading to a hostile environment.

3. Lack of Procedural Safeguards

Lack of Parental Involvement: The school does not allow the parent to participate meaningfully in IEP meetings or decisions affecting their child’s education.
Failure to Provide Proper Notice: The school does not provide timely notice of meetings, evaluations, or changes in placement, which are required under IDEA (Individuals with Disabilities Education Act).
Failure to Provide Required Evaluations or Reevaluations: The school does not conduct evaluations or reevaluations when requested by the parent, or does not conduct them within the legally required time frame.

4. Improper or Inadequate Evaluation

Refusal to Conduct an Evaluation: The school refuses to evaluate a child for special education services despite evidence that the child has a disability that affects their learning.
Inadequate Evaluation: The school conducts an evaluation that does not fully assess all areas of suspected disability, leading to inappropriate or insufficient services.

5. Placement Issues

Failure to Provide Education in the Least Restrictive Environment (LRE): The school places the child in a more restrictive setting than necessary, or fails to consider placements in regular education settings with appropriate supports.
Inappropriate Placement Decisions: The school changes the child’s placement without following proper procedures or without considering the child’s needs.

6. Retaliation

Retaliation for Advocacy: The school retaliates against the parent or the student because the parent has advocated for their child’s rights. This could include denying access to school activities, reducing services, or creating a hostile environment.

7. Inadequate or Misleading Communication

Failure to Provide Information in a Parent’s Native Language: The school does not provide important documents (like IEPs, evaluations, or notices) in a language the parent can understand.
Misleading or Incomplete Information: The school provides incorrect or incomplete information that prevents the parent from making informed decisions.

8. Refusal to Address Related Needs

Failure to Provide Related Services: The school fails to provide services that are related to the child’s educational needs, such as transportation, counseling, or behavioral support services that are necessary for the child to benefit from their education.

9. Barriers to Access

Physical Accessibility Issues: The school building or classrooms are not accessible to students with disabilities (e.g., no ramps, accessible bathrooms, or other necessary accommodations).

These complaints to the OCR generally address violations of Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), or the Individuals with Disabilities Education Act (IDEA). If parents believe their child’s rights have been violated in any of these ways, they may file a complaint with the OCR for investigation and resolution.

How to File an OCR Complaint.

First, know what you’re getting into and the laws.

Disabilities is a protected class. So are race, religion, and a few others. First, you have to make sure that what has transpired is a result of your child’s disability. Or, that you were retaliated against for participating in a protected activity, such as advocating for your child. I’ve written about retaliation before, so I won’t get into it too much here. For example, your child is disabled.

Others are making fun of him, but it has to be related to the disability. If they are making fun of something else not disability-related, that’s just mean, but not necessarily a civil rights violation. Make sense?

The two main laws that I’ve quoted in helping clients do this is Section 504 and IDEA. There are a few others, such as Title IX that might be applicable, but you want to read them and make sure you are citing the correct law.

Cite state and local codes and policies, particularly if a school policy (such as a discipline or extra-curricular policy) resulted in your child being discriminated against.

Tips for Getting Your OCR Complaint Investigated

Writing a strong OCR complaint increases the likelihood that it will be investigated and addressed effectively. Here are some tips to make your OCR complaint more compelling and clear:

1. Be Clear and Specific

State the Facts: Clearly describe what happened, when it happened, who was involved, and where it took place. Use specific dates, times, and locations.
Include Relevant Details: Focus on the most important facts that demonstrate a violation. Avoid lengthy narratives that stray from the main issue.

2. Identify the Relevant Law

Cite the Relevant Laws: Reference specific laws or regulations that you believe the school has violated, such as Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), or the Individuals with Disabilities Education Act (IDEA).
Explain How the Law Was Violated: Clearly connect the facts of your case to the laws that you believe were violated. Explain why the school’s actions or inactions constitute discrimination or a failure to provide FAPE.

3. Describe the Impact on the Student

Explain the Harm: Clearly state how the violation affected your child. For example, describe how the lack of services impacted your child’s learning, emotional well-being, or access to education.
Provide Evidence of the Impact: Use specific examples, such as a decline in grades, increased behavioral issues, or documented changes in your child’s emotional state.

4. Include Supporting Documentation

Attach Relevant Documents: Include copies of any relevant documents, such as the child’s IEP, 504 Plan, evaluation reports, emails, meeting notes, disciplinary records, or any communication with the school that supports your complaint.
Use Data and Evidence: Include any data or evidence that supports your complaint, such as progress reports, attendance records, or documentation from medical or educational professionals.

5. Provide a Clear Timeline

Create a Chronological Account: Organize the events in a timeline format, showing key incidents that support your complaint. This helps the OCR understand the context and pattern of behavior.
Mention Attempts to Resolve the Issue: Describe any attempts you have made to resolve the issue with the school or district, including dates and responses received.

6. Be Concise and Organized

Use Bullet Points or Headings: Break down your complaint into sections using headings or bullet points to make it easier to read.
Keep It Focused: Stick to the most important facts and legal arguments. Avoid including extraneous information or personal feelings that are not directly relevant to the violation.

7. State the Desired Outcome

Specify What You Want to Achieve: Clearly state what you are seeking as a resolution. This could include changes in the child’s IEP, staff training, a review of school policies, or other corrective actions.
Ask for OCR Action: Indicate that you are requesting an investigation and appropriate corrective action from OCR to address the alleged discrimination or violation.

8. Use Clear, Objective Language

Avoid Emotional Language: Stay calm and professional in your writing. Avoid language that is overly emotional, accusatory, or inflammatory.
Use Plain Language: Make sure your complaint is easy to understand. Avoid using jargon or technical terms without explaining them. Spell out acronyms.

9. Proofread and Edit Carefully

Check for Errors: Review your complaint for spelling, grammar, and clarity. A well-written, error-free complaint is more likely to be taken seriously.
Ask for Feedback: Consider having someone else, like a special education advocate or lawyer, review your complaint to ensure it is strong and effective.

10. Include Contact Information

Provide Complete Contact Details: Make sure your name, address, phone number, and email are included so OCR can reach you for any additional information.

11. File on Time

Ensure Timeliness: Remember that OCR complaints must generally be filed within 180 days of the alleged discrimination. If you need to file later than that, request a waiver and explain why it is necessary.

12. Submit Through the Correct Channels

Use the Correct Form: Use OCR’s complaint form, which can be found on their website, or provide all the information that would be requested on the form if you are writing a letter.
Consider Online Submission: OCR accepts complaints filed online, by mail, or by fax. Submitting online is usually the fastest way.

Sample Outline for an OCR Complaint

Introduction: Briefly introduce who you are, your relationship to the student, and the purpose of the complaint.
Description of the Incident(s): Clearly state the facts of what happened, including dates, times, locations, and individuals involved.
Legal Basis for the Complaint: Explain which laws or regulations were violated and how.
Impact on the Student: Describe how the violation affected the student’s education or well-being.
Attempts to Resolve the Issue: Outline any steps you have taken to address the issue with the school.
Requested Action: Specify what you are asking OCR to do in response to your complaint.
Conclusion: Summarize the main points and thank OCR for considering your complaint.
Attachments: List any documents you are including as evidence.

Following these tips can help make your OCR complaint more compelling and increase the chances of it being investigated thoroughly.

Your OCR Complaint Form

Read the OCR website first. There is an online form to fill out, but I recommend that you print it out and come back to it. The website does not have a mechanism to save. So once you start working on the online submission, you have to finish it.

Complete the project offline, such as in a Word document.

When you’re done, submit online or mail hard copies. Or both. And, after all that hard work, what if your computer crashes or internet disconnects or something? Better to have it in a safe place.

There is a PDF version that you can print and refer to. You can download the PDF, edit it and save it as an alternative to answering the questions in Word.

Office of Civil Rights Complaint Process

Start sooner rather than later. Don’t waffle on deciding to file. You only have 180 days from the last incident to file a report. Six months might seem like a lot of time. But if you have to do the Right to Know requests and other requests for records, that can quickly eat up your time.

Read past OCR decisions.
I have to say, the OCR website, at least the Dept of Ed portion, becomes less and less helpful each time I visit it. It is no coincidence that our current Sec’y of Education has said that she plans to lessen the role of OCR in Education, and now the website is not very helpful. I also find it incredibly difficult to navigate and search. Do what you can, but I find it helpful to read past cases.

I personally recommend a paper complaint vs. online.
The old adage, “If you’re going to do something, do it well” applies here. The OCR complaints that I have seen achieve success are the ones where the parent/advocate spent a tremendous amount of time. Connect the dots for them. “My child is being denied FAPE because….” Include exhibits, like a big notebook, and footnote them.

For example, do not put something in your complaint that says something like, “The teacher emailed me and said….” Instead, print the email, include it as part of your complaint. Include an explanation as to why it’s relevant to your complaint. Remember, connect the dots for them.

Every piece of documentation that you have to support your case, include it. Organize it. Get help if you need it if this isn’t your strong suit. A complete stranger should be able to pick this up like a storybook and read it start to finish, and come to the conclusion you wish.

I find this is easier to do the old fashioned way by making copies, printing things and assembling in an organized book.

Be thorough but succinct.
First, know the politics behind this. For the past several budgets that Congress has passed, they have cut OCR funding. The OCR is doing more with less. You want your complaint to stand out. They cannot and do not investigate all complaints, so you want yours at least investigated.

If your complaint is long, rambling, not a lot of facts but chock full of rants and opinions, it is probably not going to catch their eye. You want to have a strong complaint. Connect the dots for them. Show them how a specific action or behavior violated the child’s civil rights.

Consider an FOIA request. (Freedom of Information Act)
Any other OCR or 504 complaints filed against your school is public knowledge. You can do an FOIA request to get this information. This is just good knowledge and background to have as you prepare yours.

Use these words! Here is a tip I learned a long time ago. Always include the phrasing “And all other students who are similarly situated.” You are likely filing on behalf of your child. But, if you only file on behalf of your child, they will only look at your child’s records. Adding that phrase gives OCR cause to look at other students’ files too.

Don’t overthink it.
It’s a lot to digest and it can be time-consuming. Maybe. If you are trying to prove retaliation or that you have been denied meaningful participation in the IEP process, therefore denying your child FAPE, those complaints can be a lot of work. I’ve done them and it takes time and effort.

But, then again, maybe your child’s public school playground is not wheelchair accessible. Or maybe you’ve simply been denied access on a field trip due to behaviors. Those are pretty cut and dry and shouldn’t take as much time. If you have a pretty straightforward complaint, don’t let me stress you out into thinking you need to do more.

Consider other complaint options. I don’t want to say OCR is a ‘last resort’ but I don’t think it should your first choice all the time either. Meet with the principal, see if they can or will make a playground accessible. Call the teacher on the phone to try to work out the field trip situation. Sometimes really nice and well-intended people say and do stupid things without thinking because they are overwhelmed or whatever.

You don’t want to alienate an ally on your team just because they were having a bad day and made a snap decision without thinking (like a field trip). Go with your gut. If this is a pattern or a way of thinking or you’ve tried other remedies and there is no change, then file.

Find your local OCR office. If you filed with the Department of Ed, their information is online. Or, you can send it to your local office. All the information is on their website, as far as who to contact and how. But if you haven’t heard anything about two weeks after filing, I’d follow up.

Find other Special Needs Parents if you can.
Network, network, network! Find other parents and see if you can get them to file complaints, particularly if there is a pattern of discrimination. If an OCR office receives a few complaints at around the same time, about the same school, that definitely gets a second look! Don’t be discouraged if you are on your own, but try to find others if you can.

Disability Rights are the last civil rights fight to be fought. Be a good foot soldier and put your best complaint out there. Help our kids win these battles. Good luck!