Office for Civil Rights Concludes Investigation into Chicago Public School District 299 (IL), Identifies Disability Discrimination
During 2021-22, CPSD relocated special education resource classes and other special education or related services at a school to locations inappropriate for instruction
March 10, 2026, U.S. Department of Education’s Office for Civil Rights (OCR) concluded a disability discrimination investigation into Chicago Public Schools District #299 (CPSD). OCR’s letter of findings notes that during the 2021–2022 school year CPSD converted a special‑education resource room at one school into a COVID‑19 care room and relocated special‑education resource classes and other services to a stairwell landing. The complaint alleged that relocating classes to a stairwell landing denied students with disabilities a free appropriate public education (FAPE) under Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act. Prior to completing its investigation, CPS executed a Resolution Agreement committing to corrective actions.
Neither OCR’s letter of findings or resolution agreement disclose who filed the complaint. The letter of findings cites only “the Complainant” and omits any indication of whether the filer was a parent, staff member, or someone else. While OCR routinely redacts personally identifiable information in its letters of findings and/or resolution agreements, many include a descriptor of the complainant’s role. For example, in its recent findings related to Stafford County Public Schools (VA), OCR indicates the complaint was filed by a parent. In this instance, no such identifier appears, and OCR notes that it seeks to protect personal information when releasing documents.
Findings of Discrimination
The letter of finding details how CPSD’s relocation of resource classes hindered implementation of students’ Individualized Education Programs (IEPs). OCR relied heavily on the testimony of Teacher A:
“Teacher A told OCR that some of her students’ IEPs could not be implemented in the landing space; in particular, she said several students’ IEPs required visual supports that she was not able to provide due to the lack of wall space, some students’ IEPs required quiet rooms with no distraction, and some students had IEPs indicating a need for small group work which could not be effectively implemented on the landing. She also reported that her students lost instructional time because other classes walked through the landing during her classes, creating noise and disruption, so she frequently had to stop instruction. Teacher A added that many of her students had IEPs that required environments with less stimulation. OCR’s review of the students’ IEPs confirmed that they contained the provisions described by Teacher A. Teacher A sent an email to the Principal on September 1, 2021, in which she identified her concerns regarding implementing students’ IEPs, her inability to use visual supports, and the distractions present throughout the day on the landing. . . .”
After talking with the principal and Teacher A, OCR identified concerns that a) CPSD “failed to consider whether relocating resource classes denied students a FAPE when their IEPs could not be implemented” and that b) CPSD “did not determine whether the students require compensatory services as a result of a denial of FAPE in accordance with Section 504 procedural requirements.”
Key Provisions of the Resolution Agreement
The letter of findings explains that CPSD executed an agreement designed to address OCR’s compliance concerns. The key provisions in the resolution agreement include the following:
“By March 30, 2026, the District will provide notice and procedural safeguards to the parent(s) or guardian(s) of each student in [redacted content] special education classes whose instruction was moved to a hallway, landing, or other non-classroom setting in Fall 2021. The notice will advise of the right to convene an Individualized Education Program (IEP) meeting with a group of persons knowledgeable about the student to determine whether the student was denied a free and appropriate public education (FAPE) and whether the student is entitled to compensatory services and/or other remedial measures as a result of the lack of related aids and services during instruction on the landing in Fall 2021. If the parent or guardian elects to convene an IEP team meeting, the District will document the team’s determination and, if compensatory and/or remedial services were determined necessary, will develop a plan to provide those compensatory services and/or remedial measures as soon as practicable. By September 15, 2026, the District will provide all compensatory services and/or remedial measures determined necessary for each student.
“REPORTING REQUIREMENT: By June 15, 2026, the District will submit to OCR documentation demonstrating its compliance with the requirements of this item to convene meetings, including documentation of parents or guardians who decline the meeting, the meetings and the determinations regarding whether each of these students is entitled to any compensatory services and/or remedial measures, and the plan with timetable to provide such services and/or measures. By October 1, 2026, the District will provide OCR with documentation it has provided all compensatory services and/or remedial measures determined necessary for the students referenced in this item.
“By May 15, 2026, the District will provide training to all personnel with responsibilities under Section 504 and Title II at [redacted content] (School) on the Section 504 regulation at 34 C.F.R. § 104.33, which requires the District to provide a FAPE. Specifically, the training will focus on the steps needed to ensure that students receive FAPE by fully implementing services identified and developed in an IEP or Section 504 Plan for that purpose.
“REPORTING REQUIREMENT: By June 15, 2026, the District will provide OCR documentation demonstrating its implementation of this item. Specifically, the District will provide OCR the name(s) and credentials of the individual(s) who provided this training; the date(s) and time(s) the training session(s) occurred; the names and titles of the individuals who attended the training session(s); and copies of the agenda and any materials disseminated at the training session(s).
“By May 30, 2026, the District will assess the effectiveness of the training referenced in Item #2 by conducting surveys of the employees who attended the training. The surveys will specifically inquire about the knowledge and perceptions of employees about the District’s obligation to ensure that students receive FAPE by fully implementing services identified and developed in an IEP or Section 504 Plan. The surveys will also include questions designed to indicate the respondents’ level of confidence in the District’s ability to provide FAPE and whether they believe any aspects of the District’s processes are problematic and could be improved.
“REPORTING REQUIRMENT: By June 15, 2026, the District will provide documentation to OCR of the results of the surveys and a description of any actions the District proposes to take in response should the results show that personnel are not knowledgeable about fully implementing services identified and developed in an IEP or Section 504 Plan, including conducting additional training sessions. If additional training is necessary, the District will provide OCR documentation verifying that it provided additional training by October 1, 2026.”
Botton Line
This case differs from widely publicized OCR actions, such as the investigation of District of Columbia Public Schools that revealed systemic delays in evaluations and unreliable transportation. In the CPSD investigation, the issue stemmed from decisions made during the COVID pandemic. The letter of finding underscores that even temporary relocations must adhere to FAPE requirements. By executing the resolution agreement, CPSD avoids a formal finding of liability but commits to remedial actions and federal oversight.