Office for Civil Rights Requires Suffolk Public Schools (VA) to Address Failure to Implement 504 Plan
OCR found SPS denied FAPE when teachers didn't know a student had a 504 Plan and when the student did not receive at least some required related aids and services.
May 4, 2026, U.S. Department of Education’s Office for Civil Rights (OCR) issued a letter of findings to Suffolk Public Schools (SPS) in Virginia, after investigating a complaint filed by the parent of a student who had a 504 Plan.
OCR investigated the following three allegations:
“the Student’s teachers failed to provide him with an additional class period to complete assignments and a brain break outside of the classroom with a trusted adult as required by his Section 504 Plan from [redacted content] until [redacted content] (Allegation 1);
“the Student’s Spanish teacher failed to implement the Student’s accommodations, including an additional class period to complete assignments and a brain break outside of the classroom with a trusted adult, as required by his Section 504 Plan from the beginning of the [redacted content] until [redacted content] (Allegation 2);
“it failed to respond appropriately to a complaint that another student harassed the Student based on his disability on [redacted content] (Allegation 3).”
According to the letter, “OCR found sufficient evidence of a violation of Section 504 and Title II for Allegation 1, which the Division agreed to resolve through the enclosed resolution agreement. However, OCR found insufficient evidence to support Allegations 2 and 3.”
May 1, 2026, SPS entered into a resolution agreement with OCR. The agreement states that it does not constitute an admission by SPS that it violated Section 504, Title II, or any other law enforced by OCR. However, SPS did agree to take specific actions related to Allegation 1.
