Public schools are required – to the maximum extent appropriate – to ensure that children with disabilities are educated alongside their nondisabled peers and to follow specific procedures when making placement decisions about how and where children with disabilities are educated. Today, the U.S. Department of Education’s Office for Civil Rights (OCR) opened an investigation into the Houston Independent School District (the District) in Houston, Texas to determine whether the District violates Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act by not following these requirements, and are thereby discriminating against students with disabilities.
The District is allegedly centralizing certain special education services and proposing to separate students with disabilities from the larger student population beginning in the 2026-27 school year, despite parental concerns that their children should be in general education classrooms where their social skills improve more significantly around their peers. Parents have also expressed concerns that longer transportation times to the proposed specialty schools would be challenging for children with medical and behavioral needs.
“Schools cannot exclude students with disabilities simply because of their disability status. Placement decisions must be made individually, based on each student’s needs, rather than by blanket policies that segregate students by disability category,” said Assistant Secretary for Civil Rights Kimberly Richey. “The allegations described here are alarming. The Trump Administration will fully investigate this situation and fight to ensure every child with a disability receives the education and support guaranteed under the law.”
Background
Section 504 of the Rehabilitation Act (1973) and Title II of the Americans with Disabilities Act (1990) prohibit recipients of federal financial assistance from discriminating on the basis of disability.