--- title: 'What is the Office for Civil Rights (OCR), and what’s its role in special education? ' description: 'The Office for Civil Rights enforces disability rights at school. Here’s what OCR does, how to file a complaint, and what the latest changes mean for special education. ' slug: office-for-civil-rights-special-education author: Katie Arnold-Ratliff reviewer: Janet Decker, PhD, JD published: '2026-09-10T00:00:00.000Z' thumbnail: https://cdn-images.understood.org/p0qf7j048i0q/b16UwYCsGqluMSi89beKS/b5b6c97cff964862694b6a0f7a3befed/GettyImages-2162152729__1_.jpg source_url: https://www.understood.org/en/articles/office-for-civil-rights-special-education lang: en --- # What is the Office for Civil Rights (OCR), and what’s its role in special education? ## Quick take - OCR is the federal office that investigates disability discrimination in schools, under laws like Section 504 and the ADA. - Families can file a complaint on their own, without a lawyer, within 180 days. - In 2026, OCR began sharing investigations with the Department of Justice, raising concerns about delays. But students’ rights haven’t changed. The Office for Civil Rights (OCR) at the Department of Education is the federal office that enforces civil rights laws in schools — including laws that protect students with disabilities from discrimination. The Department of Education’s Office for Civil Rights has operated since 1980. On June 16, 2026, [the U.S. government announced](https://www.ed.gov/media/document/ed-and-doj-interagency-agreement-civil-rights-partnership-june-15-2026-114243.pdf) that the Department of Education would work with the Department of Justice to carry out the duties of the OCR.  “OCR protects equal educational opportunity and looks at issues about race, national origin, sex, disability, and age,” says [Selene Almazan,](https://www.copaa.org/page/COPAATeam) an attorney in Silver Spring, Maryland, who serves as Legal Director for the Council of Parent Attorneys and Advocates. “That’s what it’s always stood for.” You may be wondering if this and other changes will affect OCR’s role in special education. Here’s everything you should know.  ## What does the Office for Civil Rights (OCR) do? OCR makes sure that schools and public programs receiving Department of Education funds follow civil rights laws. These laws prohibit discrimination against people with disabilities: [Section 504 of the Rehabilitation Act](https://www.ed.gov/laws-and-policy/civil-rights-laws/disability-discrimination/frequently-asked-questions-section-504-free-appropriate-public-education-fape) and [Title II of the Americans with Disabilities Act](https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/) (ADA).  OCR also covers [anti-discrimination laws](https://www.ed.gov/laws-and-policy/civil-rights-laws/file-complaint/how-the-office-for-civil-rights-handles-complaints) related to race, national origin, sex, and age:  - Title VI of the Civil Rights Act of 1964 (race/national origin) - Title IX of the Education Amendments of 1972 (sex) - Age Discrimination Act of 1975 As Anya Kamenetz, the host of the upcoming podcast *Zero Reject*, explains, “Its mandate is to guarantee the civil rights of every single one of the 75 million or so students in the country from preschool through higher education. It’s like having a special high tribunal for everyone who feels they are being discriminated against in a classroom for any reason — race, sex, disability, all of it.” OCR investigates complaints filed by families when schools don’t follow these laws. “The nice thing about OCR is that parents can use it on their own,” says Almazan. “They can go onto the OCR website to file a complaint. It’s a low-cost and easy way to be heard.”  OCR also helps schools understand the law and their responsibilities by publishing [official memos](https://www.ed.gov/laws-and-policy/civil-rights-policy-guidance) about how schools can follow the laws. These policy guidance documents and “Dear Colleague” letters explain rules related to things like school discipline or sports participation.  ## When do families turn to OCR? You may choose to file a complaint with OCR if you feel your child has been discriminated against in any of the areas covered by OCR. For students with disabilities, unfair treatment can take many forms. For example, a school excluded a student from activities because of a disability. Or a student with ADHD is repeatedly suspended without the school considering whether the behavior is disability-related. To file a complaint, you can use [OCR’s online system](https://ocrcas.ed.gov/) or mail a letter. OCR also has a [form that can be printed,](https://www.ed.gov/media/document/office-civil-rights-discrimination-complaint-form-21113.pdf) filled out, and mailed. The complaint must be made within 180 days of the last act of discrimination. You don’t have to speak to the school before filing a complaint with OCR. And you don’t need a lawyer to file a complaint. People not related to the student being discriminated against (like an advocacy group or a teacher) can file a complaint as long as they have the parent or guardian’s written consent. You can also [file a complaint anonymously.](https://www.ed.gov/media/document/office-civil-rights-discrimination-complaint-form-21113.pdf) But depending on the circumstances, OCR may not be able to investigate it.  You’re not alone if you worry about the safety of filing a complaint with OCR. You may fear that speaking up could expose your child to retaliation from the school. The school’s leadership will learn that a complaint has been filed. But people like classmates and other school employees will not find out, unless they’re a part of the investigation. It’s important to remember that there are [laws that protect families](https://www.ed.gov/laws-and-policy/civil-rights-laws/race-color-and-national-origin-discrimination/race-color-and-national-origin-discrimination-key-issues/retaliation-race-color-and-national) who file a complaint from retaliation.  ## How does OCR investigate complaints? When a complaint is filed, OCR first decides if it’s their job to address it. If it is, OCR will investigate and decide whether or not the law has been broken. OCR is neutral, and its job is to learn the facts of each case and make a decision.  “OCR investigators do an investigation,” says Almazan. “They ask for records, review the school’s policies, talk to the people involved and any witnesses, and sometimes do a site visit. Then an attorney makes a decision.”  Cases can take several months or longer to investigate. At the end of the investigation, OCR explains its decision in a Letter of Findings.  The letter will say one of two things. Either there was not enough evidence to find a school in violation. Or the school was found to have broken the law.  If the school broke the law, OCR will ask the school to enter into a resolution agreement and fix the source of the violation. A school may need to change its policies, train its staff, or provide make-up services for the ones the student didn’t receive. The school can refuse to enter into a resolution agreement. In that case, OCR may start proceedings to suspend, terminate, or refuse to grant federal funds.  If a resolution agreement is the outcome of the OCR investigation, OCR will follow up to make sure the school is fulfilling its obligations.  If you believe OCR made a legal or factual error, you have 60 days to appeal the finding. ## How is OCR’s role changing in 2026? In June 2026, there were changes made to OCR. Through an [interagency agreement](https://www.ed.gov/media/document/ed-and-doj-interagency-agreement-civil-rights-partnership-june-15-2026-114243.pdf) between the Department of Education and the Department of Justice (DOJ), OCR became a shared project of both departments. DOJ evaluates and investigates the complaints. The Department of Education generally still negotiates the resolution, unless both sides agree otherwise.  The agreement states that its goal is to make investigations more efficient by drawing on DOJ’s civil rights expertise. But Almazan says the Department of Justice has different policies that may affect OCR: “Its method for resolution is litigation, and that can take years.”  There’s also evidence that OCR was already slowing down before this change. Seven of OCR’s 12 regional offices closed in March 2025, and a report found that the office resolved only about 1 percent of complaints in 2025. Many disability advocates worry that moving OCR’s investigations to the DOJ will make this worse. It may increase wait times and confusion about how complaints are being handled.  A coalition of groups, including the Council for Exceptional Children and the Autistic Self-Advocacy Network, released a [joint statement.](https://exceptionalchildren.org/blog/broad-coalition-disability-civil-rights-and-education-organizations-denounces-eds-latest) They say that separating OCR from the Department of Education risks “longer wait times when discrimination is occurring in schools” and the “loss of specialized expertise that students and families rely upon to resolve their complaints.”  You should know that though these changes are happening, students’ rights have not changed. ## What should you do if you have a complaint? If you have a complaint you feel OCR should investigate, there are a few things to keep in mind. - Before you file a complaint, figure out what kind of unfair treatment happened. You don’t need to know the exact law that applies. OCR determines that during its review. - Write down everything that happened in chronological order. Include who was involved and the dates these events occurred.  - Pull together any documentation you have, like school policies, emails, meeting notes, student evaluations, or school records. - Write your complaint. Focus on the facts and what kind of discrimination you believe occurred. Explain how the school can fix the problem. Be specific.  - Make sure you file within the 180-day window.  - Once you receive the decision, look at it carefully. Make sure there are no errors. If they are, you have 60 days to file an appeal.  If you’re not sure where to start, organizations like [COPAA](https://www.copaa.org/) (the Council of Parent Attorneys and Advocates) or your state’s [Protection and Advocacy agency](https://acl.gov/programs/pa-programs) can help families think through the process. *Thumbnail image credit: Super Scout via Getty Images* --- ## Frequently asked questions ### What’s the difference between an OCR complaint and a state complaint? An OCR complaint addresses discrimination under [Section 504](https://www.understood.org/en/articles/section-504-of-the-rehabilitation-act-of-1973-what-you-need-to-know) or the Americans with Disabilities Act (ADA) — things like unequal access or exclusion because of a disability. A [state complaint](https://www.understood.org/en/articles/what-to-include-in-a-state-complaint) addresses violations of the Individuals with Disabilities Education Act (IDEA), like a school not following a child’s IEP or missing required timelines. ### How do you decide between OCR, a state complaint, and other methods of dispute resolution? Generally, an OCR complaint works best if there’s discrimination or unequal access because of a disability. A state complaint may be best for a violation of IDEA, like an IEP that isn’t being followed. Both OCR complaints and state complaints may be useful for addressing systemic issues that affect multiple students. A disagreement about what services or placement your child needs usually calls for due process — a formal legal process best done with an attorney or an advocate. Before any of these, [try the informal route first](https://www.understood.org/en/articles/6-options-for-resolving-an-iep-dispute): an IEP team meeting to negotiate directly, a meeting with the special education director, or mediation with a neutral third party. A special education attorney or a parent advocate can help you weigh your specific situation. ### Do you need a lawyer to file an OCR complaint? No. OCR complaints are designed for families to file on their own. An advocate or an attorney can still help strengthen your complaint if you want the support. ### Can you file an OCR complaint and a state complaint — or start due process — about the same issue? Generally yes, since they’re separate legal processes. But if the same facts are already being handled through a comparable process, like due process, OCR can pause or dismiss its complaint. You can refile within 60 days after that process wraps up. --- ## Explore related topics and articles - [6 options for resolving an IEP dispute](https://www.understood.org/en/articles/6-options-for-resolving-an-iep-dispute) - [IEPs: Resolving IEP disputes ](https://www.understood.org/en/podcasts/understood-explains-ieps/ieps-resolving-iep-disputes) - Watch the episode, listen to the audio, or read the transcript. - [IDEA, Section 504, and the ADA: Which laws do what](https://www.understood.org/en/articles/at-a-glance-which-laws-do-what) --- ```json [{"@context":"https://schema.org","@type":"WebPage","@id":"https://www.understood.org/en/articles/office-for-civil-rights-special-education#webpage","url":"https://www.understood.org/en/articles/office-for-civil-rights-special-education","description":"The Office for Civil Rights enforces disability rights at school. Here’s what OCR does, how to file a complaint, and what the latest changes mean for special education. 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