When Civil Rights Go Unanswered: What the Government Shutdown Means for Students with Food Allergies
For parents of children with food allergies, the Office for Civil Rights (OCR) is more than a federal agency—it’s a lifeline. OCR enforces Section 504 of the Rehabilitation Act, ensuring that schools provide safe, inclusive environments for students with disabilities, including those with life-threatening allergies. But during the current government shutdown, that lifeline is fraying.
What’s Happening to OCR?
The U.S. Department of Education’s OCR has been hit hard by the shutdown. Staff have been furloughed, investigations paused, and civil rights enforcement effectively frozen. The website that allows people to see where and when complaints have been filed has not been updated since January 2025.
Between March 11 and June 27, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) received 4,833 complaints.
During that same period:
3,424 complaints were dismissed
309 were opened for investigation
26 were launched as directed investigations (initiated by OCR itself)
290 were resolved through voluntary agreements, settlements, or technical assistance
Roughly, only about 8% of complaints filed were resolved.
A recent court ruling blocked further layoffs, but the office remains in crisis. For families relying on OCR to resolve discrimination complaints or enforce 504 accommodations, this means delays, silence, and uncertainty.
Why It Matters for Food Allergy Families
Students with food allergies often depend on 504 plans to access safe meals, participate in classroom activities, and avoid exposure to allergens. When those plans are ignored or violated, OCR is the agency tasked with investigating and enforcing compliance.
But during the shutdown:
New complaints may not be processed.
Ongoing investigations are stalled.
Schools may feel less pressure to comply.
This leaves families in a dangerous limbo. If a child is excluded from a field trip due to allergy concerns, or exposed to unsafe food in the cafeteria, there may be no federal recourse until the shutdown ends.
What Can Parents Do?
While OCR is offline, advocacy must go local and strategic. Here’s how to stay proactive:
Document everything. Keep records of incidents, communications, and unmet accommodations.
Engage your school district. Request meetings, clarify 504 obligations, and escalate concerns through local channels.
Audit School Policies and Practices. Use this downtime to review how your school handles allergy safety more broadly.
Request written policies: Ask for documentation on food allergy protocols, emergency response, and staff training.
Check alignment with CDC guidelines: The CDC’s Voluntary Guidelines for Managing Food Allergies in Schools are a strong benchmark.
Push for policy updates: If gaps exist, propose revisions—especially around inclusion, communication, and accountability.
Explore Legal Backup Options
State human rights commissions: Some states allow discrimination complaints under disability laws.
Office of Special Education Programs (OSEP): If your child has an IEP, OSEP may offer support.
Connect with state agencies. Some states have their own civil rights offices or ombudsman programs. Unfortunately, only Massachusetts, Pennsylvania, Connecticut, New Jersey, Vermont and Hawaii allow their state boards of education to handle 504 complaints.
Private legal consultation: For urgent or unresolved issues, consider speaking with a disability rights attorney.
Build a Parent Advocacy Coalition
There’s power in numbers—and shared experience.
Form a local group: Connect with other allergy families in your district to share strategies and support.
Host a town hall or webinar: Educate your community and elevate the issue.
Coordinate messaging: Unified requests to school boards or superintendents carry more weight.
Engage Media and Public Awareness
If your child’s safety is compromised, public attention can drive change.
Write op-eds or letters to the editor: Share your story and call for accountability.
Use social media strategically: Tag school districts, advocacy orgs, and journalists.
Document with care: If you share photos or videos, ensure they’re respectful and protect your child’s privacy.
The Bigger Picture
This shutdown isn’t just a budget issue—it’s a civil rights issue. These programs are essential protections, not political pawns.
As one federal judge put it, the attempt to gut OCR during the shutdown is “enormously disruptive.” For food allergy families, it’s potentially life-threatening. The food allergy community needs to work together now more than ever.