What Is Disability Discrimination in Schools?
Disability discrimination occurs when a school treats a student unfairly because of their disability. It can be obvious, like refusing to provide accommodations, or subtle, like excluding a student from a field trip because the school does not want to deal with the child’s needs.
Three federal laws prohibit disability discrimination in schools:
| Law | What It Does | Who It Covers |
|---|---|---|
| Section 504 of the Rehabilitation Act | Prohibits disability discrimination in any program receiving federal financial assistance | All students with a physical or mental impairment that substantially limits a major life activity, those with a record of such an impairment, or those regarded as having one |
| Americans with Disabilities Act (ADA) | Prohibits disability discrimination by state and local governments, including public schools | Same definition as Section 504. Covers public schools regardless of federal funding |
| IDEA | Requires schools to provide a free appropriate public education (FAPE) through an IEP | Students ages 3-22 who have one of the 13 IDEA disability categories and need specially designed instruction |
Connecticut state law under C.G.S. 10-15c also prohibits discrimination in public schools on the basis of disability.
A student can be protected under all three federal laws at the same time. Even students who do not have an IEP may be protected under Section 504 and the ADA.
What Are Common Examples of Disability Discrimination?
Disability discrimination takes many forms. Some of the most common examples we see include:
| Type of Discrimination | Examples |
|---|---|
| Failure to identify and evaluate | The school ignores signs that a student may have a disability and does not refer the student for evaluation. The school refuses a parent’s request for evaluation without justification. |
| Denial of FAPE | The school provides a 504 plan or IEP that does not meet the student’s needs, or fails to provide the services and accommodations listed in the plan. |
| Exclusion from programs | A student with a disability is excluded from field trips, extracurricular activities, school events, or programs because of their disability. The school claims it cannot accommodate the student’s needs. |
| Discriminatory discipline | A student with a disability is punished more harshly than non-disabled peers for the same conduct. The school suspends or expels a student without considering whether the behavior is related to the disability. |
| Disability-based harassment | Other students bully, mock, or harass a student because of their disability and the school fails to take effective action to stop it. |
| Hostile environment | The harassment is so severe, pervasive, or persistent that it denies the student equal access to education. This can include verbal abuse, social exclusion, physical intimidation, or cyberbullying based on the disability. |
| Retaliation | The school disciplines a student after parents file a complaint, reduces accommodations after parents advocate for their child, or treats the student differently after parents request an evaluation or meeting. |
What Is the Difference Between an IDEA Violation and Disability Discrimination?
This is an important distinction because the laws have different remedies and different enforcement paths:
| IDEA Violation | Section 504 / ADA Discrimination | |
|---|---|---|
| What it is | The school fails to follow IDEA’s specific requirements for evaluating, developing IEPs, providing services, or following procedural safeguards | The school treats a student unfairly because of their disability, regardless of whether the student has an IEP |
| Who is protected | Students who qualify under one of the 13 IDEA disability categories and need specially designed instruction | Any student with a disability that substantially limits a major life activity, has a record of one, or is regarded as having one |
| Enforcement | State complaint to CSDE (60-day investigation), due process hearing, or federal court | OCR complaint (180-day deadline), CHRO complaint, impartial hearing, or federal lawsuit |
| Damages | Compensatory education, placement changes, reimbursement, attorney fees | All IDEA remedies plus compensatory monetary damages (under deliberate indifference standard), injunctive relief, policy changes, attorney fees |
A student can pursue both an IDEA claim and a Section 504 discrimination claim based on the same facts. In many cases, filing both provides the broadest range of remedies.
What Is the “Deliberate Indifference” Standard?
In June 2025, the U.S. Supreme Court issued a unanimous decision in A.J.T. v. Osseo Area Schools that changed the legal standard for students seeking compensatory damages under Section 504. The Court ruled that students must show deliberate indifference, meaning the school “disregarded a strong likelihood that the challenged action violated federally protected rights.”
This is a lower standard than the “bad faith or gross misjudgment” standard that some federal courts had previously required. The ruling makes it easier for students to recover compensatory damages when schools discriminate against them on the basis of disability.
In practice, deliberate indifference means the school knew or should have known that its actions (or inaction) were likely violating the student’s rights and did not take reasonable steps to correct the problem. Examples include:
- Ignoring repeated requests for evaluation or accommodations
- Failing to respond to reports of disability-based harassment after being put on notice
- Systematically denying services to students with disabilities despite clear legal obligations
- Retaliating against families who assert their child’s rights
How Do You File a Disability Discrimination Complaint?
You have multiple paths for enforcing your child’s rights. You can pursue more than one at the same time.
| Option | Where to File | Deadline | Best For |
|---|---|---|---|
| OCR Complaint | U.S. Dept. of Education, Office for Civil Rights | 180 days | Section 504 and ADA violations including denial of accommodations, exclusion from programs, harassment, retaliation |
| CHRO Complaint | CT Commission on Human Rights and Opportunities | 180 days (300 if also covered by federal law) | State disability discrimination claims under Connecticut law |
| State Complaint (CSDE) | CT State Dept. of Education, Bureau of Special Education | 1 year | IDEA procedural violations, failure to implement IEP, systemic violations |
| Due Process Hearing | CT State Dept. of Education | 2 years | Individual disputes about identification, evaluation, placement, or FAPE under IDEA |
| Federal Lawsuit | U.S. District Court for the District of Connecticut | Varies | Section 504/ADA claims seeking compensatory damages (deliberate indifference standard), injunctive relief |
Important: For IDEA-related claims, you must generally exhaust administrative remedies (state complaint or due process) before filing a federal lawsuit. For Section 504 discrimination claims that are not about FAPE, you may be able to go directly to court or to OCR without exhausting administrative remedies. Consult an attorney to determine the best strategy for your situation.
What Is Disability-Based Harassment and What Must Schools Do About It?
Disability-based harassment is unwelcome conduct based on a student’s disability that is severe, pervasive, or persistent enough to create a hostile educational environment that interferes with the student’s ability to participate in or benefit from school programs.
When a school knows or should know about disability-based harassment, it must:
- Take immediate action to stop the harassment
- Investigate the complaint promptly and thoroughly
- Prevent recurrence by taking steps to ensure the harassment does not happen again
- Remedy the effects on the student, which may include counseling, academic support, schedule changes, or other accommodations
If a school fails to take these steps, it may be liable for disability discrimination under Section 504 and the ADA. If your child is being bullied or harassed because of their disability and the school is not responding effectively, contact an attorney.
How Does Disability Discrimination Affect School Discipline?
Students with disabilities are protected from discriminatory discipline under both IDEA and Section 504. Schools cannot:
- Punish a student more harshly than non-disabled peers for the same conduct because of the student’s disability
- Expel or suspend a student for behavior that is a manifestation of their disability without first conducting a manifestation determination
- Use discipline as a substitute for providing appropriate services and supports through the IEP or 504 plan
- Fail to conduct a Functional Behavioral Assessment and implement a Behavior Intervention Plan when a student’s behavior interferes with learning
If your child with a disability is being repeatedly disciplined for behavior that may be related to their disability, the school may be engaging in disability discrimination. This is especially true if the school has not evaluated the student, has not updated the IEP or 504 plan to address the behavior, or has not conducted a manifestation determination before imposing discipline.
What Is Retaliation and How Is It Prohibited?
Schools cannot retaliate against students or parents for exercising their rights under disability law. Retaliation is itself a form of discrimination. Examples include:
- Disciplining a student after parents file a complaint with OCR or CHRO
- Reducing accommodations after parents request a meeting or advocate for additional services
- Treating a student differently after parents request an evaluation
- Making negative comments about a student or family who has asserted their rights
- Refusing to communicate with parents who have hired an attorney
If you believe the school is retaliating against your child or your family, document every instance and contact an attorney immediately. Retaliation claims can be filed with OCR, CHRO, or pursued through federal court.
Common Mistakes in Disability Discrimination Cases
| Mistake | Why It Hurts Your Case |
|---|---|
| Not documenting the discrimination | Keep a written record of every incident, including dates, what happened, who was involved, and how it affected your child. Save emails, letters, and any written communications with the school. Without documentation, it becomes difficult to prove a pattern of discrimination. |
| Not reporting in writing | Verbal complaints can be denied or forgotten. Always put complaints in writing (email or letter) to the school so there is a record that the school was put on notice. |
| Missing the OCR filing deadline | You have 180 days from the discriminatory act to file with OCR. This deadline is strict. Do not wait to see if the school resolves the problem on its own. |
| Assuming only IEP students are protected | Section 504 and the ADA protect all students with disabilities, not just those with IEPs. Even students without any formal plan can be protected if they have a qualifying disability. |
| Not connecting the dots to disability | If your child is being treated unfairly and has a disability, make sure the school understands the connection. Frame your concerns in terms of disability discrimination, not just general unfairness. This triggers the school’s obligations under Section 504 and the ADA. |
| Accepting the school’s word that they cannot accommodate | Schools are required to provide reasonable accommodations unless doing so would fundamentally alter the program. Saying “we don’t have the resources” or “we’ve never done that before” is not a valid defense. Push back and ask for the school’s specific justification in writing. |
When Should You Hire a Disability Discrimination Lawyer?
You should strongly consider hiring a disability discrimination lawyer if:
- Your child is being treated unfairly because of their disability and the school is not correcting the problem
- The school is refusing to evaluate your child or denying accommodations
- Your child is being excluded from programs, activities, or services because of their disability
- Your child is being bullied or harassed because of their disability and the school is not responding
- The school is retaliating against you or your child for asserting your rights
- You need to file a complaint with OCR, CHRO, or pursue a lawsuit
- Your child has been disciplined unfairly because of behavior related to their disability
- You believe the school has been deliberately indifferent to your child’s rights and you want to pursue compensatory damages
Why Choose Maya Murphy, P.C.?
The Connecticut Education Lawyers at Maya Murphy, P.C. fight for students with disabilities who are being discriminated against in Connecticut and New York schools. We handle cases involving denial of accommodations, exclusion from programs, disability-based harassment, discriminatory discipline, retaliation, and systemic failures to meet the needs of students with disabilities.
Disability discrimination cases often require pursuing multiple legal paths at the same time – an OCR complaint, a due process hearing, and sometimes a federal lawsuit. We develop a comprehensive strategy tailored to your child’s situation and fight on every front necessary to protect your child’s rights and educational future.
- Recognized by Best Lawyers for Education Law
- 30+ years of experience representing families in Connecticut and New York
- Evening and weekend appointments available
- Spanish-speaking services available
Contact us at (203) 221-3100 or Ask@MayaLaw.com to schedule a confidential consultation.
