Introduction to Advocating for Families with Kids with Disabilities
For parents of kids with disabilities, advocating for their child can be complicated, time-consuming — and expensive. Changes at the Education Department are likely to make the process even more difficult, advocates for kids with disabilities say.
The Current State of Advocacy
When a parent believes their child is not receiving proper services or school accommodations for a disability, they can seek remedies from their district. They can file complaints with their state, arguing the child’s rights have been taken away without due process of law, or even pursue litigation in state or federal courts. Those processes often involve multiple sessions with hearing officers who are not required to be experts in disability law. Legal fees can cost tens of thousands of dollars for a single case. Legal aid and other advocacy organizations that can provide free assistance often have more demand for their services than they can meet.
Filing a Complaint with the Education Department
But filing a complaint with the Education Department has long been an option for families who can’t afford a lawyer. They begin by filling out the Office for Civil Rights’ online form, documenting the alleged instances of discrimination. From there, the agency’s staff is supposed to investigate the complaint, often interviewing school district employees and examining district policies for broader possible violations.
“It’s known and has the weight of the federal government behind it,” said Dan Stewart, managing attorney for education and employment at the National Disability Rights Network. “The process, the complaint portal, as well as the processing manual are all in public, and it does not require or typically involve lawyers.”
Challenges Facing the Education Department
That option seems increasingly out of reach, advocates say. Under President Donald Trump, the Education Department’s staff has been cut approximately in half — including in the Office for Civil Rights, whose attorneys are charged with investigating complaints of discrimination against kids with disabilities. The staff has been directed to prioritize antisemitism cases. More than 20,000 pending cases — including those related to kids with disabilities, historically the largest share of the office’s work — largely sat idle for weeks after Trump took office. A freeze on processing the cases was lifted early this month, but advocates question whether the department can make progress on them with a smaller staff.
The Impact of Staff Reductions
“The reduction in force is simply an evisceration of the Office for Civil Rights’ investigatory authority and responsibility,” Stewart said. “There’s no way that I can see that OCR can keep up with the backlog or with the incoming complaints.” A federal lawsuit filed Friday challenges the layoffs at the Office for Civil Rights, saying they decimated the office’s ability to process and investigate complaints.
The Consequences for Families
While the OCR process was not perfect, reducing the office’s investigative staff will only worsen the challenges families face when seeking support for their kids, said Nikki Carter, an advocate for kids with disabilities and one of the plaintiffs in the lawsuit. “It makes them feel hopeless and helpless,” Carter said. “By reducing the number of employees to handle cases, by putting stipulations on certain cases, it only makes it feel intensified.” Education Department officials insist the staff reductions will not affect civil rights investigations and the layoffs were “strategic decisions.”
Access to Legal Representation
In her state of Alabama, Carter said families face an uphill battle to finding legal representation. “They don’t have the money for an attorney,” she said. “Or the representation they’re getting is not the representation they feel like will be best for their child.” Even if families can afford the high costs, a limited number of attorneys have the expertise to take on disability discrimination cases. Programs that offer free representation often have limited capacity.
Conclusion
The changes at the Education Department and the reduction in staff are likely to make it more difficult for families with kids with disabilities to advocate for their child’s rights. The process of filing a complaint and seeking remedies can be complicated, time-consuming, and expensive. It is essential for families to be aware of their options and the challenges they may face in seeking support for their kids.
FAQs
Q: What options do families have for advocating for their child with disabilities?
A: Families can file complaints with their state, pursue litigation in state or federal courts, or file a complaint with the Education Department.
Q: How can families afford the high costs of advocating for their child?
A: Families can seek free assistance from legal aid and advocacy organizations, but these organizations often have limited capacity.
Q: What is the impact of the staff reductions at the Education Department?
A: The staff reductions are likely to worsen the challenges families face when seeking support for their kids, and may lead to a backlog of cases.
Q: What can families do if they are unable to afford legal representation?
A: Families can seek free representation from programs that offer it, but these programs often have limited capacity.
