It must be pointed out, however applicaple the principle is, that deliberate indifference is part of civil constitutional law and this case is in federal court (not under OCR authority or investigation), and the standard does require some proof of intent. Proof of intent for deliberate indifference requires showing the court in descriptive terms the exact conduct or behavior by the school district that would prove they were aware of, but did not take the necessary actions needed to resolve the issue. That is still open to interpretation so obvious thing there is keeping good evidence that shows (1) school had knowledge (2) conduct or lack of action resulted in no remedy or prevention of further harm, etc.
Citing this directly with OCR may be immediately dismissed due to technicality because it isn't really what they preside over or regulate, at least not in that form. How I will use it is in the manner and substance of what I document along the way, gathering in writing all events, persons, details to show distinct proof school had facts clearly in hand to make a 'deliberate choice' (see appeal) to not act even when presented with information that not acting would result in a violation, danger. In order to meet my burden of proof for intent that would meet the standard of deliberate indifference should it go to civil suit I would want to case build from the very start with that possible eventuality.
Also important is the structural change of damages from compensatory to equivalent.
It's imperative to remember this is not a case before OCR at the moment it is federal court civil suit. Important distinction, and one that allows FARE to file an amicus brief because court (as opposed to OCR) allows for those statements to be heard and considered.
The outcome will affect us all, and it will set precedent.