The OCR found the district – the nation’s second-largest – did not provide students with disabilities access to the education they are legally entitled to receive. 

Specifically, the OCR’s investigation concluded that LAUSD failed to provide needed services to students with Individualized Education Programs (IEPs) and Section 504 plans during remote learning periods amid the pandemic. According to the OCR, the school district failed to implement a plan to support its students with disabilities during remote learning and even told staff the district was not responsible for providing students with disabilities with appropriate public education during remote learning. 

In a new resolution, the OCR is requiring LAUSD to assess their failures and provide these students with compensatory education. The district is also required to report these compensatory education measures to the OCR. 

“Today’s resolution will ensure that the more than 66,000 Los Angeles Unified students with disabilities will receive the equal access to education to which federal civil rights law entitles them, including compensatory education for any services the district did not provide during the COVID-19 pandemic,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “I am deeply grateful for the district’s commitment now to meet the needs of its students with disabilities.”

As a civil rights firm committed to representing students with disabilities, we are grateful that OCR is holding LAUSD accountable. If you or someone you know has been a victim of discrimination on the basis of disability, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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The Department of Education announced this decision on September 22, 2017. They have yet to put a permanent replacement for the rescinded guidelines in place. But, in the meantime, the DOE has created an interim guideline.

One of the most notable changes of the interim guidance is that educational facilities will place a greater focus on proof and evidence in cases of sexual violence. Past guidance provided a preponderance of evidence model. This new one outlines a “clear and convincing standard” of proof for these cases.

Currently, college campuses have the ability to determine where and when they will implement these interim guidelines.

The Department of Education created a question and answer informational document about what the interim regulations mean.

Title IX became effective in 1972. The landmark education amendment states that, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

On September 1, 2017, The Department of Education wrote that, “Under Title IX of the Education Amendments of 1972 and its implementing regulations, an institution that receives federal funds must ensure that no student suffers a deprivation of her or his access to educational opportunities on the basis of sex. The Department of Education intends to engage in rulemaking on the topic of schools’ Title IX responsibilities concerning complaints of sexual misconduct, including peer-on-peer sexual harassment and sexual violence.”

Our attorneys are experts in Title IX and education law. If you believe you or someone you know has had their Title IX rights violated, contact our experienced attorneys.

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