WASHINGTON — Christine Smith Olsey noticed that her son was struggling in school, even though the educators urged her to rely on their expertise. The second-grader had trouble pronouncing words correctly, and peers taunted him to the point that he began to label himself as “an idiot.”
Despite her son receiving speech and occupational therapy, Smith Olsey reported that his Denver charter school was uncooperative when she sought additional academic assistance. She ultimately filed a complaint with the state and later with the Education Department’s Office for Civil Rights in September.
However, in January, her son’s case faced a significant delay. A mediator from the department informed her on January 23 that meetings regarding the case would be postponed, citing the inconvenient timing shortly after the inauguration of President Donald Trump. During this transition, investigations and mediations concerning disability rights issues saw a significant halt.
The Office for Civil Rights at the Education Department plays a crucial role in protecting students with disabilities, as it enforces the rights laid out in the Individuals with Disabilities Education Act. Historically, most issues raised with the department have involved claims of disability discrimination, where parents assert that their disabled children are not receiving necessary educational accommodations mandated by federal law.
While it is standard for new administrations to take time to align priorities, urgent cases like those involving students’ educational needs typically receive exceptions. The suspension of ongoing cases and Trump’s intentions to dismantle the department created an atmosphere of uncertainty among parents concerned about the government’s dedication to upholding the rights of students with disabilities.
In the early days of Trump’s administration, there were new investigations into complaints about antisemitism and the rights of transgender athletes, indicating a shift in focus towards issues seen as politically pressing. Catherine Lhamon, who managed the Office for Civil Rights under previous administrations, expressed concern over the lack of attention to disability rights complaints. She emphasized that failing to actively protect these rights undermines the office’s purpose.
In response to inquiries on the matter, a spokesperson from the Education Department announced that the Office for Civil Rights would resume its review of disability-related complaints. This reinstatement happened sooner than it did under the Biden administration, as per Julie Hartman, the spokesperson.
The suspension of cases had disastrous effects for families like Smith Olsey’s, who depend on the outcomes of the department’s dispute resolution processes for vital special education services.
“Being a parent of special needs children is incredibly frightening during this period,” stated Smith Olsey. Her son, diagnosed with ADHD, autism, dyslexia, and dyscalculia, has had an individualized education program since preschool to address developmental delays.
Recently, the school agreed to provide her son with the needed academic support; however, she is pursuing additional compensatory services for the lack of adequate attention in the past and seeks reimbursement for personal expenses incurred for therapy and tutoring.
Parents often resort to filing complaints with the Education Department when they feel their children are not receiving the required services for their disabilities. Complaints can also be filed with state agencies, or families may turn to litigation for resolution.
The Education Department acts as an arbiter for disputes pertaining to disability rights. Between 2021 and 2024, its Office for Civil Rights registered 27,620 disability rights complaints. Although the office is obligated to process every grievance, political influences can significantly affect which complaints are prioritized.
In the previous year, complaints relating to sex discrimination surged and surpassed those about disability discrimination, which accounted for 37% of reports, while race and national origin discrimination claims represented 19% of the grievances.
Concerns are rising among parents and advocates about the Office for Civil Rights’ effectiveness in overseeing disability rights as Trump and his proposed education secretary nominee, Linda McMahon, suggest significant reductions in the agency’s scope.
During her confirmation hearing, McMahon was questioned by Democrats about her position on the department’s enforcement of disability rights. She hinted at a possibility of transferring that role to the Department of Health and Human Services.
Feeling disoriented and frustrated, families await resolution. DarNisha Hardaway expressed relief earlier when an Education Department mediator directed her son’s school to reassess his needs and provide tutoring following a series of suspensions attributed to his challenges and insufficient academic support. Hardaway’s son, who has an intellectual disability, autism, and epilepsy, was benefitting from the department’s oversight.
However, after his most recent incident in class, the school mandated that he shift to remote learning for the remainder of the year, a decision Hardaway believes contradicts his accommodations. When she reached out to the Office for Civil Rights for assistance, they were unable to provide any meaningful guidance.
In another case, Tylisa Guyton from Taylor, Michigan, filed a complaint against her son’s school over repeated suspensions. She feels overwhelmed as her son has been out of school for an extended period and worries he may not graduate on time.
“I feel entirely lost,” Guyton lamented.
