OCTOBER 2012

DISABILITY

RIGHTS

ENFORCEMENT 

HIGHLIGHTS

OFFICE FOR CIVIL RIGHTS 

U.S. Department of Education
October 2012

This report is in the public domain. Authorization to reproduce it in whole or in 

part is granted. While permission to reprint this publication is not necessary, the 

citation should be: U.S. Department of Education, Office for Civil Rights, Disability Rights Enforcement Highlights, Washington, D.C., 2012. This report is available 

on the Department’s Web site at: www.ed.gov/ocr. 

On request, this publication is available in alternate formats, such as Braille, large 

print or CD. For more information, please contact the Department’s Alternate 

Format Center at 202-260-0852 or 202-260-0818.

The purpose of this document is to provide accurate, understandable information to the general public about the work of the Office for Civil Rights (OCR), 

not to provide official policy guidance from OCR. For official policy guidance 

from OCR, please visit www.ed.gov/ocr.

Notice to Limited English Proficient Persons

If you have difficulty understanding English you may request language assistance 

services for Department information that is available to the public. These language assistance services are available free of charge. If you need more information about interpretation or translation services, please call 1-800-USA-LEARN 

(1-800-872-5327) (TTY: 1-800-437-0833), or email us at: OCR@ed.gov. 

Or write to:

U.S. Department of Education

Office for Civil Rights

LBJ Education Building

400 Maryland Ave., S.W.

Washington, DC 20202

U.S. Department of Education

Arne Duncan

Secretary

Office for Civil Rights

Russlynn Ali

Assistant Secretary
“The steady movement to a more 

fair and just society plays out every 

day in the classrooms, colleges and 

universities all across America–and I 

believe that the only way to achieve 

equity in society is to achieve equity 

in the classroom.”

—Secretary Arne Duncan, July 14, 2010

U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

1

DISABILITY RIGHTS ENFORCEMENT HIGHLIGHTS

The Department of Education’s Office for Civil Rights (OCR) protects the rights 

of persons with disabilities under two federal laws. One of these is Section 504 

of the Rehabilitation Act of 1973, which prohibits discrimination based on disability in programs and activities operated by recipients of federal funds. It 

states: “No otherwise qualified individual with a disability in the United 

States...shall, solely by reason of her 

or his disability, be excluded from the 

participation in, be denied the benefits 

of, or be subjected to discrimination 

under any program or activity receiving Federal financial assistance...”1 

The other law is Title II of the Americans 

with Disabilities Act of 1990 (ADA), 

which prohibits discrimination based 

on disability by public entities, regardless of whether they receive federal financial assistance. Title II states: “[N]o qualified individual with a disability 

shall, by reason of such disability, be excluded from participation in or be denied 

the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”2 

“In schools, the workplace, 

and throughout our public 

life, we are committed to 

ensuring that people with 

disabilities have an equal 

chance at achieving the 

American dream.”

—Secretary Arne Duncan, 

July 26, 2012

Section 504 and Title II do not contain a specified list of disabilities. Instead, they use a functional definition of disability. Under this approach, a person has a disability if he or she: (1) has a physical or mental 

impairment that substantially limits one or more major life activities of that person; (2) has a record of 

such an impairment; or (3) is regarded as having such an impairment. Congress has made clear that the 

definition of disability should be understood to allow for broad coverage. A few examples of impairments that can be disabilities are blindness, deafness, orthopedic impairments, autism, learning disabilities, 

Attention-Deficit Disorder (ADD) and Attention-Deficit/Hyperactivity Disorder (ADHD), diabetes, food 

allergies, HIV and AIDS, and depression. 

What is a disability?
U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

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OCR enforces Section 504 in all elementary and secondary schools, 

colleges and universities, and other 

educational institutions – public or 

private – that receive federal financial assistance from the Department. 

OCR, along with the Department of 

Justice, enforces Title II at all public 

educational institutions, including public elementary and secondary schools, 

colleges and universities, as well as 

at public libraries. The protections 

of Section 504 and Title II, which are 

generally the same in the context of 

education, cover all aspects of these 

institutions’ programs and activities. 

Both laws cover school districts of all 

sizes, and traditional public schools as 

well as public charter schools. 

The goal of these disability civil rights laws is 

to provide equal opportunity and fundamental 

fairness for students with disabilities, including 

access to special education and related aids and 

services at public elementary and secondary 

schools; academic adjustments at colleges and 

universities; accessible technology; accessible 

programs, services and facilities; and the right to 

equal treatment and benefits. 

A hallmark of these laws is that, in order to 

ensure that equal opportunity is provided to 

students with disabilities and to avoid discriminating on the basis of disability, the laws require 

schools, colleges and universities to sometimes 

treat students with disabilities differently from 

students without disabilities. Another hallmark 

is the imperative to address the particular needs 

of each student with a disability. Thus, these laws 

recognize that not only are there many different 

disabilities, but students with the same disability 

may not have the same needs. 

As we observe the 39th anniversary of Section 

504 on September 26, 2012, we celebrate our 

nation’s progress in the area of disability rights in 

education. We also recognize that equal opportunity for people with disabilities has not yet been 

achieved. Section 504 and Title II, along with the 

Individuals with Disabilities Education Act (IDEA), 

administered by the Department’s Office of 

Special Education Programs (see sidebar on next 

page), demonstrate our nation’s commitment to 

providing quality education to all students with 

disabilities. To honor that commitment, OCR will 

continue to vigorously enforce Section 504 and 

Title II to ensure that students with disabilities 

receive the education that all students deserve.
U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

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OCR has worked diligently to ensure the protections of Section 504 and Title II in schools 

and colleges. In doing so, we have used the 

following tools:

POLICY GUIDANCE: OCR issues detailed 

policy guidance documents to help schools and 

colleges, as well as students, parents, and members of the public, understand what the civil 

rights laws, including Section 504 and Title II, 

require. These documents, which OCR sends 

to institutions around the country and posts 

on the OCR website, address the legal requirements and considerations governing situations 

frequently encountered by schools and colleges. 

The documents provide guidelines for how such 

institutions can meet their legal obligations. 

Since January 2009, OCR has issued four guidance documents that address topics related to 

disability rights: (1) equal access to electronic 

book readers and other technology for postsecondary students with disabilities; (2) equal 

access to emerging technologies for all students, 

including elementary and secondary school 

students; (3) schools’ obligations to respond to 

bullying and harassment based on disability; and 

(4) changes in the meaning of “disability” made 

by the ADA Amendments Act of 2008. 

ENFORCEMENT: OCR investigates allegations 

of discrimination filed with our regional offices 

and, as needed, obtains robust remedies that 

address the root causes of the discrimination. 

Almost 600 OCR team members lead this work 

from our headquarters and 12 regional offices 

around the country.

COMPLAINTS AND PROACTIVE INVESTIGATIONS: In the fiscal years 2009 

through 2011,3

 OCR received over 11,700 

The Individuals with Disabilities Education Act (IDEA) is a federal law that provides federal funds for 

special education and sets requirements for such services. IDEA is administered by the Department of 

Education’s Office of Special Education Programs (OSEP) in the Office of Special Education and Rehabilitative Services (OSERS). More information about IDEA is available at http://idea.ed.gov/. 

Some students with disabilities are covered by Section 504 and Title II but not by IDEA. This is because 

IDEA is limited to students who need special education, while Section 504 and Title II apply to all students 

with disabilities, including those who do not need special education but may require some other aids and 

services. Students with disabilities who are covered by Section 504 but not by IDEA are sometimes referred to as “504-only” students. For example, a student with diabetes who does not need special education but does need assistance administering insulin would be such a “504-only” student. While OCR does 

not enforce IDEA, OCR does enforce the Section 504 and Title II rights of IDEA-protected students. 

Section 504 and the Individuals with Disabilities Education Act

DISABILITY RIGHTS ENFORCEMENT HIGHLIGHTS
U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

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disability-related complaints – more than ever 

before in a three-year period. While OCR 

enforces civil rights laws that prohibit discrimination based on race, color, national origin, sex, and 

age, as well as disability, a large portion of our 

overall work involves disability complaints: more 

than 55 percent of the complaints OCR received 

during this period raised disability issues. In addition, in the last three fiscal years, OCR launched 

over 30 systemic, proactive investigations that, 

collectively, address a broad range of disabilityrelated issues in institutions across the country. 

OCR has employed innovative techniques to 

resolve many of these complaints and investigations, often involving multiple stakeholders to 

design and sustain meaningful change at the 

institutions involved.

TECHNICAL ASSISTANCE: Educators, as 

well as parents and students, must have the 

knowledge and skills to identify discrimination, to prevent it, and to address it or get help 

when it does occur. Every year, OCR provides 

technical assistance to schools and communities around the country on both longstanding 

and emerging civil rights issues. In the last three 

years, OCR has conducted hundreds of disability-related technical assistance presentations, 105 

in the first six months of FY 2012 alone.

In the past three years, OCR has conducted numerous technical assistance activities to assist “wounded 

warriors,” such as veterans returning from Operation Iraqi Freedom and Operation Enduring Freedom, 

who are starting or returning to college. OCR has observed that many veterans who acquired disabilities 

during their service are unfamiliar with the protections afforded to them under Section 504 and Title II 

(such as the right to request disability-based accommodations). Similarly, educational institutions are not 

uniformly prepared to serve an influx of veterans with combat-related disabilities such as Traumatic Brain 

Injury and Post-Traumatic Stress Disorder. OCR’s technical assistance has informed veterans, educators 

and service providers from institutions such as the Veterans Administration about how the protections 

afforded to postsecondary students with disabilities apply to those returning from war. 

Protecting the Nation’s Wounded Warriors

Disability Issues Raised 

in OCR Complaints* 

IN FY2009–FY2011

Academic Adjustments 1,549

Accessibility (programs/facilities) 515

Accessibility (technology)** 9

Admissions and Recruitment 211

Disability Harassment 1,062

Discipline 768

Employment 350

Exclusion/Denial of Benefits 1,767

Free Appropriate Public Education 4,678

Graduation Requirements 127

Minority Special ED 19

Non-Academic Services 357

reatment of Postsecondary Students 304

Procedural Requirements 342

Retaliation 2,198

Seclusion & Restraint** 42

Testing 125

Other 870

T

* A single complaint can raise multiple issues; therefore the total number of issues 

raised will exceed the number of complaints received.

** Data collections start in FY2011.

DISABILITY RIGHTS ENFORCEMENT HIGHLIGHTS
U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

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Enforcing Section 504 and Title II

This document highlights a small sample of 

OCR’s disability-related work on the following 

issues:

• Free Appropriate Public Education 

• Discipline: 

reasons related to their disability and are not 

subjected to discriminatorily different treatment in discipline.

• Academic Adjustments:

• Accessibility of Technology: 

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• Physical Accessibility of Programs, 

• Harassment, Including Bullying that 

 Right to Equal Treatment: 

• Additional Areas of Focus:

•

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Free Appropriate Public 

Education (FAPE) 

Children with disabilities have the same right 

to K–12 public education as children without 

disabilities. In order to receive and benefit from 

that education, students with disabilities may 

need something different -- special education, or 

perhaps related aids and services -- than students without disabilities. OCR works to ensure 

that public elementary and secondary schools, 

including charter schools, provide a free appropriate public education (FAPE) to all “qualified 

students” with disabilities (generally, students 

with disabilities who are of school age), regardless of the nature or severity of their disabilities.

Policy Guidance: FAPE 

The Department issued policy guidance in 2012 

addressing the requirements of Title II and Section 504 in the elementary and secondary school 

context in light of changes to these laws made by 

Congress in 2008 that broadened their scope of 

protection. The guidance explained how, under the 

amended laws, more students may have a disability 

and require evaluation to determine whether they 

need special education or related aids and services. 

The guidance also addressed the need for schools 

to revisit health plans developed for some 

students. Under the amended laws’ broadened 

definition of disability, more students with conditions such as food allergies, asthma and diabetes 

may now be covered by Section 504 and Title II. 

Therefore, schools may need to examine such 

students’ health plans to ensure that schools have 

met the Section 504 requirements for evaluation, 

placement, and procedural safeguards. 

The Department also worked with the National 

Diabetes Education Program of the Department 

of Health and Human Services in updating the 

program’s guidance on how to ensure optimal 

diabetes management in schools in 2010.4

Enforcement: FAPE 

In Fiscal Years 2009–11, OCR received over 

4,600 complaints alleging FAPE violations. This is 

by far the disability issue on which OCR receives 

the most complaints, making up almost twofifths of the more than 11,700 disability complaints received in this time period. During this 

same period, OCR launched over 15 proactive 

systemwide investigations around the country 

concerning the provision of FAPE. 

Under Section 504, an “appropriate education” is regular or special education and related aids and services that meet the educational needs of students with disabilities as adequately as the needs of nondisabled students and that satisfy certain procedural requirements. Public schools must evaluate students 

who, because of a disability, may need special education or related services; determine what those services 

should be; and provide those services along with procedural safeguards. FAPE requires that students with 

disabilities be educated with students without disabilities to the maximum extent appropriate to meet the 

needs of the students with disabilities. 

What is an “appropriate education” under Section 504?

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U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

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A fast resolution of complaints in this area can 

allow schools, students and parents to keep 

their focus on students’ education. OCR has 

special resolution tools that can allow it to 

resolve many of these cases quickly. OCR’s Early 

Complaint Resolution (ECR) process allows the 

complainant and the school to find a solution 

through mediation, often before OCR’s investigation has even begun. OCR can also reach an 

agreement with a school district prior to the 

conclusion of its investigation. 

The following are some of the FAPE issues OCR 

has addressed recently:

Evaluation and Placement of Students 

With Disabilities

• A school district

supporting the existence of disabilities for 

their children. The district also required parents to demonstrate that their children were 

being discriminated against before it would 

conduct an evaluation. While school districts 

can consider information submitted by parents, 

districts may not require parents to provide 

diagnostic information or obtain outside assessments of students before conducting an 

evaluation. Furthermore, the failure to evaluate a student suspected of having a disability is 

itself discrimination based on disability; school 

districts may not require parents to demonstrate discrimination before their child is evaluated. Pursuant to its agreement with OCR, 

the district is revising and training staff on its 

referral procedures and forms, and reimbursing 

parents who had paid for evaluations. 

•

DISABILITY RIGHTS ENFORCEMENT HIGHLIGHTS
U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

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determine if a school district was appropriately evaluating whether students who had 

individual health care plans to address food 

allergies, asthma, diabetes and other health 

impairments were “qualified students with a 

disability,” as defined by Section 504 and Title 

II. OCR also investigated whether the district 

was discriminating against students on the basis of race by denying them the opportunity to 

receive related aids and services, in violation 

of Title VI of the Civil Rights Act of 1964. In 

the resolution obtained by OCR, the district 

agreed to revise its policies and procedures to 

ensure the prompt identification, evaluation 

and placement of students with disabilities, 

including students with food allergies, diabetes, 

asthma and other health impairments.

• A charter school 

•

learning disabled. While this primarily raises 

issues of discrimination based on race, color 

or national origin in violation of Title VI of the 

Civil Rights Act of 1964, it also suggests a failure of school districts to properly refer for 

evaluation, evaluate, place and serve minority 

students with disabilities who need special 

education or related aids and services. One 

of OCR’s approaches in these cases will be 

to review the FAPE determinations to make 

sure that minority students with and without 

disabilities have been properly evaluated and 

are receiving the appropriate education. 

•

Transportation Services

•

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district agreed to ensure that students with 

disabilities received the needed transportation services by taking the following steps: 

publicizing and operating a phone system to 

promptly trouble-shoot transportation issues; 

maintaining a system for reporting monthly on 

transportation problems and their resolution; 

notifying parents of their right to reimbursement for the costs of getting their children 

to school; determining if students who miss 

school time due to transportation failures are 

entitled to compensatory education; and providing relevant training for school principals.

•

Discipline

Students with disabilities are disproportionately 

disciplined in comparison to their peers without 

disabilities. For example, OCR’s Civil Rights 

Data Collection shows that students served by 

IDEA are twice as likely to be suspended out 

of school as their peers without disabilities. In 

Fiscal Years 2009–11, OCR received over 750 

complaints alleging disability discrimination concerning discipline. 

OCR works to protect students with disabilities 

from violation of their rights in the discipline 

process. Under Section 504 and Title II, students with disabilities may not be punished or 

disciplined for behavior that is caused by or is 

a manifestation of their disabilities. To protect 

against this, schools must hold a hearing before 

suspending a student with a disability for more 

than 10 cumulative days during a school year. 

Additionally, students with disabilities must not be 

subjected to discriminatorily different treatment 

in discipline, and must not be disciplined more 

harshly or frequently than similarly situated students without disabilities for the same infractions.

One example of OCR’s work in disability 

Students with 

Disabilities

Students without 

Disabilities

Suspension rates (out of school)

14%

12%

10%

8%

6%

4%

2%

0

Percent of Students

Source: 2009-10 CRDC, Office for Civil Rights, 2012

DISABILITY RIGHTS ENFORCEMENT HIGHLIGHTS
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discipline issues involved a parent who alleged 

that a school district had indefinitely suspended 

her son with Asperger’s Syndrome without a 

hearing. The child had brought a container of 

harmless materials to school that the school mistakenly perceived as a safety risk. The parent further alleged that the school had neither promptly 

evaluated and placed her son nor provided him 

special education or related services in this matter. OCR facilitated an agreement between the 

parent and the school district in which the district

agreed to expedite the FAPE and discipline hearing processes; allow the student to return to a 

different high school in the district, with transportation, and retake some courses; provide information to the district attorney to assist in dropping 

criminal charges; and conduct an internal review 

of how it was handling this type of situation.

Academic Adjustments for 

Postsecondary Students 

Postsecondary institutions also have critical 

obligations to students with disabilities. Students 

with disabilities who meet the academic and 

technical standards for admission to, or participation in, the program are entitled to academic 

modifications (such as course substitutions or 

additional time for completing degree requirements) and auxiliary aids and services (such as 

screen readers or sign language interpreters) to 

ensure their equal opportunity to participate in 

the program. A postsecondary student with a 

disability who wishes to receive academic modifications or auxiliary aids and services (sometimes referred to collectively as “accommodations”) must inform the college of the disability 

and need for accommodation. 

Colleges do not have to make changes to academic requirements that they can demonstrate 

are essential to the instruction being pursued, nor 

do they have to provide academic adjustments 

that they can demonstrate would fundamentally 

alter the institution’s program or would result in 

undue financial or administrative burdens. Short 

of meeting this high bar, however, the costs of 

providing auxiliary aids and services are not valid 

reasons for failing to provide the aids or services.

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U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

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Enforcement: Academic Adjustments 

In Fiscal Years 2009–11, OCR received over 

1,500 complaints alleging violations concerning 

academic adjustments for students with disabilities. These complaints frequently involved disputes over what types of academic adjustments 

the postsecondary institution would provide 

the student and whether the adjustments were 

being adequately provided. Following are some 

of the issues OCR has addressed regarding such 

adjustments:

• A college failed

• A student alleged

• A deaf student 

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U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

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Accessibility of Technology

Technology plays an increasingly important role 

in education at all levels. For example, schools 

and colleges commonly use computers in traditional classrooms; electronic book readers that 

supplement or replace paper textbooks; online 

classes; and online registration and class scheduling. Section 504 and Title II require schools and 

colleges to ensure that the technology they use 

is fully accessible to individuals with disabilities 

or to otherwise provide equal access to the 

educational benefits and opportunities afforded 

by the technology.

Policy: Accessibility of Technology 

In 2010, the Department issued groundbreaking 

policy guidance with the Department of Justice on how Section 504 and the ADA apply to 

emerging technologies, especially electronic book 

readers, in education. The guidance, set forth in a 

letter addressed to college and university presidents, makes clear that if an emerging technology 

is inaccessible to students who are blind, then requiring the use of that technology in a classroom 

is prohibited by Section 504 and the ADA. This 

prohibition is lifted when schools and colleges 

provide blind students with accommodations 

or modifications that permit them to receive 

all the educational benefits of the program in 

an equally effective and equally integrated manner. Such accommodations allow blind students 

to acquire the same information, engage in the 

same interactions and enjoy the same services as 

sighted students. In 2011, the Department issued 

a follow-up document explaining that the principles underlying the 2010 guidance also apply to 

elementary and secondary schools; to students 

with other disabilities, such as learning disabilities, 

that affect the ability to access printed materials; 

and to other forms of online or emerging technology beyond electronic book readers.

Additionally, OCR’s assistant secretary furthered 

the goal of accessible technology serving as a 

commissioner on the Advisory Commission on 

Accessible Instructional Materials in Postsecondary Education for Students with Disabilities (AIM 

Commission), created by Congress to study and 

make recommendations to improve the ability of postsecondary students with disabilities 

to obtain accessible instructional materials in a 

timely and cost-effective manner. The AIM Commission issued its report in December 2011, urging Congress to, among other things, authorize 

the United States Access Board to set guidelines 

for accessible instructional materials and offer 

incentives for innovation in the development of 

such materials.5

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U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

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Enforcement: Accessibility of Technology

As the use of technology in education increases, 

OCR’s enforcement efforts are ensuring that 

students with disabilities have the same opportunities as students without disabilities in 

this fast-changing area. OCR has initiated two 

proactive reviews to ensure that schools, colleges 

and universities are not using technology in a way 

that discriminates against students with disabilities. OCR has also addressed complaints in this 

area, such as the following:

• Working with a

• Online colleges, like their brick-and-mortar 

counterparts, must not discriminate against 

students with disabilities. OCR has seen an 

increase in complaints filed against online colleges in recent years. In one case, for example, 

a student alleged that an online college did 

not properly accommodate her disabilities 

(including bipolar disorder and chronic pain 

syndrome) to allow her to access its paralegal 

training program. In particular, the student 

wanted extra time to complete assignments 

and tests. OCR found that the college did not 

have an adequate process for students with 

disabilities to request academic adjustments or 

accommodations. The college agreed to fully 

refund the student’s tuition; develop a new 

policy on academic adjustments and auxiliary 

aids and services, as well as a revised grievance procedure to provide for the prompt and 

equitable resolution of Section 504 issues; and 

publicize the new policies and procedures and 

train all staff on them.

• A college student

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U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

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Physical Accessibility of Programs, 

Services and Facilities 

OCR is committed to ensuring that persons 

with disabilities have physical access to the 

programs, services and facilities of schools and 

colleges. Parts of old buildings may need to be 

renovated, and new buildings need to be properly constructed so that individuals with disabilities, including those who use wheelchairs, 

can, among other things, enter and navigate, use 

bathrooms, and park near the buildings.

Enforcement: Accessibility of 

Programs, Services and Facilities 

In Fiscal Years 2009–11, OCR received over 500 

complaints alleging violations in the accessibility 

of programs, services and facilities, and initiated 

three proactive reviews on this topic. Following 

are some of the issues OCR has addressed in 

this area:

•

•

facility and football coliseum; (3) installing 

audible alarms in the campus auditorium 

building; (4) providing accessible parking 

on campus; (5) identifying an accessible 

pedestrian route on campus and providing 

notice of the route to the public; and 

(6) installing appropriate accessibility signage 

on all building and facility entrances. 

• A complaint alleged 

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Preventing and Addressing 

Harassment, Including Bullying 

That Rises to the Level of 

Harassment

Students with disabilities have the right to be 

educated free from harassment and bullying based 

on their disability. Harassment can have severe 

educational, emotional and physical effects on the 

harassed students and their peers, whether at the 

K–12 or postsecondary level. Harassing conduct 

may take many forms, including bullying and namecalling, graphic and written statements, or other 

kinds of physical or verbal conduct that may be 

threatening, harmful or humiliating. OCR seeks 

to eradicate discriminatory harassment and create environments in which all students, including 

students with disabilities, are safe to learn.

Policy Guidance: Harassment 

The Department issued groundbreaking policy 

guidance in 2010 explaining that when bullying 

or other harassment based on disability creates 

a hostile environment serious enough to limit or 

interfere with a student’s ability to benefit from 

opportunities offered by a school, the harassment 

violates Section 504 and Title II. If an institution 

knows, or has reason to know, about studenton-student harassment, Section 504 and Title II 

require that schools take immediate and effective 

action to eliminate the harassment, prevent its 

recurrence, and, where appropriate, address its 

effects on the harassed student and the school 

community. OCR’s policy guidance provides 

examples of harassment and how a school should 

respond. The policy guidance also addresses 

harassment based on race, color, national origin 

and sex, which are covered by other laws OCR 

enforces. For more information about this area 

of our work, please refer to Title VI Enforcement 

Highlights and Title IX Enforcement Highlights. 

Both documents can be found at: http://www2.

ed.gov/about/offices/list/ocr/publications.html.

Enforcement: Harassment 

In Fiscal Years 2009–11, OCR received over 

1,000 complaints of disability harassment. Following are some of the issues raised and resolutions achieved:

• A complainant alleged

• Parents alleged that

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legs in the cafeteria, intentionally hit in the 

head while playing dodgeball, and hit with 

bottles at a pep rally. As a result, the parents 

removed the child from school to homeschool him. OCR facilitated an Early Complaint Resolution in which the school agreed 

to set up a hotline for the complainant to 

use to report future concerns; train staff; fully 

implement policies and procedures on bullying and harassment; discipline students who 

engaged in bullying and harassing; and report 

incidents to parents in a timely manner. 

• A parent complained 

Right to Equal Treatment

Under Section 504 and Title II, OCR works to 

ensure equal treatment for students with disabilities. Section 504 and Title II prohibit treating students with disabilities differently on the 

basis of disability unless doing so is necessary to 

provide those students with an equal opportunity to participate in, and receive the benefits of, 

an institution’s programs. This applies to such 

areas as admissions and recruitment; college 

and university housing; access to college and 

career-ready courses; access to nonacademic 

and extracurricular activities, including extracurricular athletics; retaliation against those who 

report Section 504 and Title II violations; and 

employment.

Enforcement: Equal Treatment 

OCR investigates allegations of different treatment of students with disabilities and addresses 

allegations of the denial of access to academic 

programs and extracurricular activities. Following are examples of such allegations:

• When the parents

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or services to participate in the program are 

not denied admission on that basis and are 

not charged for these aids or services. 

• A school failed 

•

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The Transformed Civil Rights 

Data Collection: New Information 

to Improve Compliance With 

Section 504 and Title II

Information and transparency about disparities 

in educational opportunities and resources are 

powerful tools to aid in the effort to improve 

schools. The most recent Civil Rights Data Collection (CRDC), released in March 2012 with data 

from the 2009–10 school year, includes many new 

indicators on the educational experiences of students with disabilities. The data cover topics such 

as high school course offerings, course-taking, 

restraint and seclusion, bullying and harassment, 

and discipline at the school and district levels. 

While the 2009–10 CRDC data cover about 85 

percent of the nation’s public school students, the 

CRDC for 2011–12 school year, which will be 

released in 2013, will include every public school 

in the nation. 

Following are some of the key findings for students with disabilities from the current CRDC:

Demographics

• One out of 

• While about half

• Eighteen percent of

DISABILITY RIGHTS ENFORCEMENT HIGHLIGHTS
U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

20

Bullying and Harassment

• Out of the

• 10,396 students were reported to have 

been bullied or harassed on the basis of 

disability.

Discipline

• Although only 11 percent

• While 21 percent 

Restraint and Seclusion 

• Students with disabilities 

• African-American students

Access to College- and CareerPreparatory Classes

• Taking Algebra: Of the IDEA students taking Algebra I in 2009–10, 13 percent took the 

course in 11th or 12th grade, although it is 

preferable to take the course earlier to allow 

students to move to more advanced subjects 

during later years in high school. Of the nonIDEA students taking Algebra I in 2009–10, 

only 6 percent did so in these last years of 

their high school careers.

• Passing Algebra: While 79 percent of students without disabilities passed Algebra I in 

2009–10, only 68 percent of students served 

under IDEA successfully passed the course. 

• Retained (or “held back”) one year: Students 

covered by IDEA represent 11 percent of high 

school enrollment but 19 percent of students 

retained in high school (grades 9–12). 

• Taking Physics: Students served under 

IDEA make up 11 percent of the high school 

population but only 4 percent of the students 

enrolled in physics in 2009–10. 

While data alone cannot be a substitute for the 

thorough investigation necessary to establish 

violations of civil rights laws, this wealth of new 

data can help schools, districts and communities 

deepen their self-analysis and understanding of 

where change is needed.

DISABILITY RIGHTS ENFORCEMENT HIGHLIGHTS
U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

21

Endnotes

1

2 Title III of the ADA prohibits disability discrimination by private entities, including private schools, 

colleges and universities. The Department of 

Justice enforces Title III. Information about Title III 

can be found on the Department of Justice website 

at www.ada.gov. 

3 Each federal fiscal year runs from October of one 

calendar year through September of the next. For 

example, “fiscal year 2011” or “FY 2011” began 

Oct. 1, 2010, and ended Sept. 30, 2011.

4 Helping the Student with Diabetes Succeed: A Guide 

for School Personnel (September 2010), available 

on the National Diabetes Education Program’s 

website at http://ndep.nih.gov/publications/PublicationDetail.aspx?PubId=97&redirect=true#main.

5 Report of the Advisory Commission on Accessible 

Instructional Materials in Postsecondary Education for 

Students with Disabilities (Dec. 6, 2011), available on 

the Department’s website at http://www2.ed.gov/

about/bdscomm/list/aim/publications.html.

DISABILITY RIGHTS ENFORCEMENT HIGHLIGHTS

Office for Civil Rights Mission:

To ensure equal access to education and to promote educational excellence throughout 

the nation through the vigorous enforcement of civil rights. 

U.S. Department of Education

Office for Civil Rights

Lyndon Baines Johnson Department 

of Education Building

400 Maryland Avenue, SW

Washington, DC 20202-1100

CUSTOMER SERVICE: 800-421-3481

TTY: 877-521-2172 

FAX: 202-453-6012

HTTP://www.ed.gov/ocr 

EMAIL: OCR@ed.gov

OCR’s Goals:

•

• Identify and eliminate any systemic violations of civil rights laws through proactive compliance reviews.

•

• Recor d-keeping and monitoring requirements that promote accurate and immediate identification and 

resolution of harassment-related issues, patterns and problems.

• Incr ease schools’, colleges’, and universities’ understanding of their civil rights obligations by releasing policy 

guidance documents and providing technical assistance and outreach services.
THE DEPARTMENT OF EDUCATION’S 

MISSION IS TO PROMOTE STUDENT 

ACHIEVEMENT AND PREPARATION FOR 

GLOBAL COMPETITIVENESS BY FOSTERING 

EDUCATIONAL EXCELLENCE AND 

ENSURING EQUAL ACCESS.

www.ed.gov