Office for Civil Rights Releases Report Describing OCR’s Enforcement Record During Biden-Harris Administration
Office for Civil Rights’ (OCR) new report, Protecting Civil Rights: Highlights of Activities, Office for Civil Rights 2021-25, covers OCR’s enforcement records during the Biden-Harris Administration. According to OCR, this period marked the “most productive four years in [OCR’s] history” and marked a dramatic decline in staffing.
Record Number of Complaints
OCR states it received a record number of complaints, “culminating in a 64% increase over the complaint volume OCR received during the previous administration. “
OCR received 27,620 disability related complaints between 2021 and 2024, with the number rising by 78% from 2021 to 2024.
The report includes illustrative cases of 1) redressing disability harassment, 2) ensuring equity for students with disabilities including during the COVID-19 pandemic, 3) ensuring equal access to school offerings, 4) disability discrimination in school discipline, and 5) protecting parents’ rights against discrimination.
Record Number of Resolutions and Resolution of Older Cases
OCR resolved over 56,000 cases compared to 48,809 cases resolved during the previous administration.
The Spotlight (page 9) section of the report states OCR “placed a premium” on resolving the backlog of older complaints and that there were “915 pending cases that were four or more years old on the first day of the Biden-Harris Administration.”
Increased Compliance Reviews
OCR “initiated 129 proactive compliance reviews and resolved 114 compared to 50 initiated and 57 resolved during the previous four years. “
Historic Data Collection and Access
For the first time, OCR conducted its Civil Rights Data Collection (CRDC) two school years in a row (2020-21 and 2021-22). Almost 100% of school districts submitted and certified data for both school years.
In addition, OCR provided public access to CRDC data and to data collected between 1968 and 1998.
Record Number of Policy Resources
OCR published 64 policy resources, which it said is “more than OCR has published under any administration. . .”
Resources related to students who have IEPs or 504 Plans include the following:
- Questions and Answers on Civil Rights and School Reopening in the COVID-19 Environment (May 2021)
- Education in a Pandemic: The Disparate Impacts of COVID-19 on America’s Students (June 2021)
- Long Covid Under Section 504 and the IDEA: A Resource to Support Children, Students, Educators, Schools, Service Providers, and Families (July 2021)
- Supporting and Protecting the Rights of Students at Risk of Self-Harm in the Era of COVID-19 (October 2021)
- Providing Students with Disabilities Free Appropriate Public Education During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under Section 504 (February 2022)
- Access for Everyone: Breaking Down Digital Barriers for People with Disabilities (May 2022)
- Supporting College Success: FAQs on the Disability Related Rights of Student Veterans with Disabilities (May 2022)
- Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 (July 2022)
- Section 504 Discipline Fact Sheet (July 2022)
- Fact Sheet: Section 504 Protections for Students with Asthma (February 2024)
- Fact Sheet: Section 504 Protections for Students with Diabetes (February 2024)
- Fact Sheet: Section 504 Protections for Students with Food Allergies (February 2024)
- Fact Sheet: Section 504 Protections for Students with GER or GERD (February 2024)
- Fact Sheet: Section 504 Protections for Students with Epilepsy (June 2024)
- Fact Sheet: Section 504 Protections for Students with Cancer (June 2024)
- Fact Sheet: Section 504 Protections for Students with Sickle Cell Disease (June 2024)
- Fact Sheet: Section 504 Protections for Students with Anxiety Disorders (September 2024)
- Fact Sheet: Section 504 Protections for Students with Bipolar Disorder (September 2024)
- Fact Sheet: Section 504 Protections for Students with Depression (September 2024)
- Fact Sheet: Section 504 Protections for Students with Eating Disorders (September 2024)
- Dear Colleague Letter: Responding to Bullying of Students with Disabilities (October 2024)
- Parent Fact Sheet: What are Public Schools Required to Do When Students with Disabilities Are Bullied (October 2024)
- Equal Access to Elementary and Secondary Education for Students Who Are English Learners with Disabilities (November 2024)
- Avoiding the Discriminatory Use of Artificial Intelligence (November 2024)
- Frequently Asked Privacy-Related Questions About Filing a Complaint with OCR (November 2024)
- Fact Sheet: Section 504 Protections for Students with Inflammatory Bowel Disease (IBD) (December 2024)
- Fact Sheet: Section 504 Protections for Students with Migraine (December 2024)
- Fact Sheet: Section 504 Protections for Students with Narcolepsy (December 2024)
- Fact Sheet: Section 504 Protections for Students who Stutter (December 2024)
- Civil Rights Protections Against Retaliation (December 2024)
- Individualized Assessments for Students with Disabilities in Postsecondary Education (January 2025)