Federal investigations are ramping up once again, with the Department of Education accusing District of Columbia Public Schools of discriminating against students with disabilities.
According to the department’s Office for Civil Rights, students waited months to be evaluated for individualized services. The investigation also claimed that untrained staff members were making decisions on behalf of students with disabilities and removing education services based on the availability of social workers and student participation.
The investigation also suggests that students with disabilities were provided inadequate transportation to and from school.
“Students and their families have been forced to demand accommodations the law entitles them through an adversarial system that, among other shortcomings, denies students timely evaluations, individualized placements, and reliable transportation that meets students’ needs,” said Assistant Secretary for Civil Rights Kimberly Richey.
A pending resolution agreement will require the district to establish a Disability Services Division to oversee its programs for students with disabilities and provide annual training for district-level staff.
Meanwhile, the OCR says Jefferson County Public Schools in Colorado allowed male students to occupy 61 female sports roster positions, a decision described as “unconscionable” by Assistant Secretary for Civil Rights Kimberly Richey.
“The Trump Administration will not relent until female athletes’ safety, opportunities and equal protection under the law are fully restored,” Richey said in a statement.
The investigation also revealed male students had access to certain facilities based on their gender identity, including bathrooms, locker rooms and overnight accommodations.
As of March 13, Jefferson County Public Schools had 10 days to adhere to the OCR’s resolution agreement, which includes rescinding or revising policies that permit male students’ access to female-only facilities and participation in female sports.
The district must also release a public statement acknowledging its compliance with Title IX moving forward.
“The district must act now to end these violations and protect future generations of girls from sex discrimination,” Richey said.
Meanwhile, a separate investigation into Wisconsin’s New Richmond School District alleges that males are being allowed to use female bathrooms, according to reports from parents and students during a January board meeting.
One student testified at a subsequent board meeting about her anxiety about seeing boys in the girls’ restroom, adding that she no longer uses the bathroom at school.
In January, one school board member introduced a bathroom and locker room policy requiring student use based on biological sex. Only two of the seven board members voted in favor of the proposal.
“Young women should never be forced to share intimate spaces with boys and men because school leaders care more about radical gender ideology than protecting girls’ safety, dignity and privacy,” Richey said.
Similarly, Oregon’s Portland Public Schools is under investigation over its Center for Black Student Excellence, which is alleged to discriminate based on race. A complaint filed with OCR suggests the district used funds from a recent $1.2 billion bond to support academic interventions, wrap-around support, facilities and family programs exclusively for Black students.
Catch up on District Administration’s latest Title IX coverage here.
