Federal Complaint — separate action
File a federal OCR complaint (U.S. Dept. of Education).
The U.S. Department of Education’s Office for Civil Rights (OCR) enforces Section 504 of the Rehabilitation Act and Title II of the ADA against recipients of federal education funds. This is a separate process from filing a disability-access grievance with DYCD. Read the warnings below before you file.
Important — please read before filing
- 180-day window. OCR generally requires complaints within 180 days of the last act of discrimination. Late filings are often dismissed unless you request and receive a waiver.
- Filing with OCR is a federal action. The complaint, your identity, and the facts you submit may be shared with the recipient (DOE / DYCD) during investigation unless you specifically request confidentiality (which OCR may or may not grant, and which limits what they can investigate).
- OCR jurisdiction is narrow. OCR investigates disability discrimination, not procurement disputes, contract process complaints, or general program-quality concerns. Keep those issues in the DYCD grievance and the records (FOIL) request.
- OCR does not award damages. Remedies are corrective (policy change, training, compensatory services). It does not stop or reverse a procurement on its own.
- Retaliation is illegal but real. If you work for a provider or your child is enrolled in a program, consider consulting counsel before filing in your own name.
How to file
- Use OCR’s official complaint portal: ocrcas.ed.gov. You can also download the PDF/Word complaint form from ed.gov/ocr.
- Identify the recipient as the NYC Department of Education and/or the NYC Department of Youth and Community Development, and the specific school site.
- Describe the discriminatory act in disability-access terms (e.g., failure to provide a transition plan, accommodations crosswalk, staff continuity for IEP/504 students) and attach documentation.
- Note in your filing whether you have also filed a DYCD grievance, and the date you filed it.
OCR complaint vs. DYCD grievance
- DYCD grievance — faster, local, can include program-quality and procurement-related access concerns. Start here first for most families.
- OCR complaint — federal, slower, narrower in scope, stronger on the record. Use when DYCD’s response is inadequate or when documented disability discrimination has already occurred.
This page is informational and not legal advice. OCR’s process, deadlines, and intake forms are controlled by the U.S. Department of Education and may change.