Can I File A Complaint If A School Doesn’t Provide The Promised Accommodations For Students With Disabilities?

If a school fails to provide the accommodations that were promised or are required under law for students with disabilities, the student has several legal and practical avenues to pursue a complaint and ensure their rights are protected. Disability rights are governed by federal laws such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, both of which mandate that schools provide reasonable accommodations for students with documented disabilities to ensure equal access to education.

1. Understanding Your Rights

• Americans with Disabilities Act (ADA): This federal law prohibits discrimination based on disability in public and private institutions, including schools. It requires that schools provide reasonable accommodations to students with disabilities so they can participate fully in academic and extracurricular activities.
• Section 504 of the Rehabilitation Act: This law applies to schools that receive federal funding (which includes most public schools and many private schools) and ensures that students with disabilities receive equal access to education. It mandates that schools make reasonable accommodations for students with disabilities, including modifications to policies, practices, and procedures, to ensure access to programs and activities.

Under both of these laws, schools are required to:

• Provide accommodations like extended time for tests, note-takers, interpreters, physical access to classrooms, or modified assignments as needed.
• Ensure that students with disabilities have equal opportunities to succeed in school and in extracurricular activities.

2. Steps to Take if Promised Accommodations Are Not Provided

If your school has failed to provide the accommodations promised, follow these steps to address the issue:

• Review Documentation: Ensure that you have the necessary documentation of your disability and the specific accommodations that were agreed upon. This may include letters from healthcare providers, evaluations, or agreements signed with the school’s disability services office.
• Notify the School: If you have not already, inform the disability services office or the student services department of the failure to provide accommodations. This should be done in writing, keeping a copy of all correspondence for your records. Be specific about which accommodations are missing or not being provided as agreed upon.
• Request a Meeting: If the situation is not resolved by contacting the appropriate office, request a meeting with the school’s disability services coordinator, your academic advisor, or other relevant school officials to discuss your concerns. Be clear about the accommodations you require and explain how the lack of accommodations is affecting your ability to succeed.
• Document Everything: Keep a detailed record of all communications, meetings, and interactions with the school regarding your accommodations. This documentation will be vital if you need to take further action.

3. Filing a Formal Complaint with the School

• File an Internal Complaint: If informal communication with the disability services office does not resolve the issue, most schools have a formal grievance or complaint procedure for students who feel their accommodations are not being met. This process usually involves submitting a written complaint to the school’s Title IX coordinator, Equal Opportunity Office, or Disability Services Office.
• Complaint Process: The complaint process will typically involve:
  • Submitting a written complaint detailing the specific accommodations that were promised but not provided.
  • A formal investigation by the school into the alleged failure to provide accommodations.
  • A potential resolution such as providing the requested accommodations or offering alternatives.
  • Students should ask for a written response from the school outlining the findings and any corrective actions.

4. External Complaints and Legal Action

If the school does not resolve the issue internally, or if the failure to provide accommodations constitutes discrimination, students have the right to file a formal complaint with external agencies or take legal action:

• File a Complaint with the U.S. Department of Education Office for Civil Rights (OCR): The OCR enforces Section 504 of the Rehabilitation Act and Title II of the ADA in educational settings. If the school is not complying with disability accommodation requirements, students can file a formal complaint with the OCR. The OCR will investigate and, if necessary, require the school to make changes or face penalties, including the loss of federal funding.
  • Complaints can be filed online through the OCR website or by mail.
  • The OCR typically takes several months to investigate complaints, but it can help resolve disputes by facilitating communication between the student and the school.
• File a Complaint with the State or Local Civil Rights Agency: Some states or localities have their own civil rights agencies that handle discrimination complaints, including those related to disability accommodations. You may file a complaint with these agencies if the issue has not been resolved through the school or OCR.
• Legal Action: In some cases, if the student is unable to resolve the issue through complaints or informal channels, they may pursue legal action against the school. This can be done by hiring an attorney who specializes in disability rights or education law. The attorney can help determine whether there has been a violation of the ADA or Section 504 and assist in filing a lawsuit for discrimination, seeking damages, or forcing the school to comply with the law.

5. Seeking Resolution and Possible Remedies

The remedies for failing to provide accommodations can vary depending on the situation, but they may include:

• Provision of Requested Accommodations: The most common remedy is ensuring that the school provides the accommodations that were promised or required under the law.
• Alternative Accommodations: If the original accommodations are not feasible or appropriate, the school may offer reasonable alternatives that still allow the student to have equal access to education.
• Monetary Damages: If the failure to provide accommodations caused significant harm or hardship, such as the student failing a class or being denied an opportunity due to lack of accommodations, the student may be entitled to compensation for damages.
• Policy Changes: In some cases, filing a complaint may lead to institutional changes in how the school handles accommodations for students with disabilities, including improvements in the application process, greater transparency, and better support systems.

6. Example

A student with a visual impairment enrolls in a university and is promised accommodations, including the provision of accessible course materials and extra time for exams. However, during the semester, the student finds that course materials are not being provided in a timely manner in accessible formats, and extra time for exams is not being granted. The student first contacts the disability services office, which assures them that the issue will be resolved, but no action is taken. After several weeks, the student files a formal complaint with the university’s Title IX office.

When the complaint is not resolved to the student’s satisfaction, they file a complaint with the U.S. Department of Education Office for Civil Rights. The OCR investigates the situation and finds that the university has violated the student’s rights under Section 504. The university is required to provide the student with the promised accommodations, offer alternative solutions for the missed accommodations, and review and revise its procedures for providing accommodations to students with disabilities. The student is also granted a settlement to compensate for any academic disadvantage caused by the university’s failure to act.

Conclusion

If a school fails to provide the promised accommodations for students with disabilities, the student has several options for seeking resolution, including contacting the disability services office, filing a formal complaint within the school, and pursuing legal action or external complaints through agencies like the U.S. Department of Education’s Office for Civil Rights. Schools are legally required to ensure that students with disabilities have equal access to education, and students are protected under the ADA and Section 504 of the Rehabilitation Act. Prompt action and clear documentation are essential for resolving these issues and securing the necessary accommodations.