Under new guidelines at the US Department of Education that went into effect in March, 2018, the Office for Civil Rights can dismiss reports if “a complaint is a continuation of a pattern of complaints previously filed with OCR by an individual or group against multiple recipients, or a complaint is filed for the first time … that places an unreasonable burden on OCR’s resources.” There is no definition to measure what constitutes a “pattern of complaints.” The guidelines in the manual also no longer allow for complainants to appeal if their case is dismissed, forcing families and students to hire a private lawyer to fight the decision — an option many can’t afford.
According to the USDOE, in 2017, more than 12,000 complaints were filed; 23 percent of those came from three “mass-filers” – those filing many claims, often about the same issue.
The Office for Civil Rights is responsible for enforcing civil rights laws that protect individuals in public education from discrimination based on race, sex, age or ability, such as the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.
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