Office for Civil Rights (OCR) recently published an updated list of resolved cases and made the letters and agreements available to the public The volume and content of these disability-related agreements signal there is continued robust enforcement of Section 504 of the Rehabilitation Act and Title II of the ADA by OCR.
From January 1, 2025, to mid-July, OCR listed fifty-three resolutions. Thirty-five of the resolutions were disability related. Most of the newly published disability-related resolutions were with K12 school districts or charter schools. Over half of the K12 schools’ resolutions related to the provision of a free appropriate public education (FAPE) under a Section 504 Plan or an Individualized Education Program (IEP). There were two cases in which OCR deemed that the IEP/Section 504 Plans were not appropriate and interfered with the student’s ability to attend school. The remaining K12 schools’ cases varied, including inequitable facilities for students with disabilities and a failure to follow discipline procedural requirements. These issues are specific to the K12 setting.
Other agreements addressed issues applicable to both K12 schools and higher education. These agreements covered: service animal access, website accessibility, failure to identify a Section 504/ADA Coordinator, and a failure to have a grievance procedure. The outcomes are consistent with how cases have been handled previously, indicating there has not been a shift in policy for OCR on these matters.
Eight of the thirty-five disability cases were about physical accessibility. One was at an institution of higher education; the rest were at K12 schools. Over half of the physical accessibility cases involved existing facilities not significantly altered since 1977 and the need to provide program access. (Facilities built before the requirements of Section 504 require alternative access.) There were two cases about a failure to maintain an elevator/lift, and a few about parking and paths of travel. The issues resolved in these cases were consistent with common issues resolved by agreements with OCR after a complaint is filed.
The four remaining higher education cases were also similar to historical OCR higher education disability cases. Two involved housing surcharges for personal care attendants and the other two were about a failure to provide approved accommodations.
Thirty-two of the thirty-five cases appear to have been resolved during an investigation and the other three followed findings of non-compliance. There were no significant differences in the findings or tone of any of the letters. Before most OCR regional offices closed, OCR letters and agreements were on letterhead specific to the regional office. These cases do not include that information.
The recently published cases do not include matters resolved through mediation, dismissal, or closure after a determination of insufficient evidence. Currently, those records are not readily accessible. The webpage entitled Pending Cases Currently Under Investigation at Elementary-Secondary and Post-Secondary Schools has not been updated since January 14, 2025, so there is no currently available information on that OCR case load.
There are some simple take aways from the trends in the cases:
- Ensure you have a designated ADA/Section 504 Coordinator and grievance procedure that covers disability and retaliation related to advocacy from a disability.
- If you have any existing facilities left (not renovated since 1977) ensure you have program access plans for the inaccessible parts of the facilities.
- Digital accessibility regulations, current and upcoming, require continued attention and investment from institutions that receive public funding.
- Refine your policies and procedures for housing accommodations to include protocols for when a student requires a personal care attendant (PCA) and the waiver of costs associated with a PCA’s housing needs.
Grand River Solutions is available to support you with all your ADA/504 needs including policy development, coordinator support, investigations, training, digital accessibility, and more. Follow us for more updates and visit our ADA/504 page.