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On September 30, 2022, the U.S. Department of Justice (DOJ) announced it had concluded an investigation into the Minnesota Department of Corrections (MNDOC). It found MNDOC violated Title II of the Americans with Disabilities Act (ADA) by failing to provide adequate benefits for disabled incarcerated persons in their post-secondary education GED programs. While MNDOC generally allowed disabled individuals to join the GED program, they unlawfully denied them an equal opportunity to participate by failing to provide them necessary and reasonable modifications.
Under Title II of the ADA, no qualified individual with disabilities can be excluded from the benefits of services or activities of a public entity such as MNDOC. The ADA defines a disabled individual as someone with a physical or mental impairment that “substantially limits” one or more of their “major life activities.” “Major life activities” are defined broadly and include activities such as learning, reading, concentrating, or writing. Further, limitations do not have to be severe or long term. Similarly, “substantially limits” is construed broadly. Finally, the ADA requires disabled individuals be given an equal opportunity to benefit from these programs unless the necessary modifications would fundamentally alter the program.
The DOJ found that MNDOC applied a narrow standard for what constitutes disability incompatible with the broadly tailored requirements of the ADA. When interviewed, MNDOC’s Education Director stated that an individual’s disability must be “substantial and somewhat unique” for someone that age. They said this would be akin to losing a hand, being blind, or deaf. Anxiety, head injuries, PTSD, or memory issues would not apply.
It was also found MNDOC failed to properly identify and evaluate disabled incarcerated persons for accommodations. First, MNDOC education staff did not have access to student’s screening information. As a result, they often had to resort to using external records that were years old. Second, MNDOC staff routinely failed to advise incarcerated persons of the availability of disability accommodations. But, even if incarcerated persons were aware of these services, the application process was dysfunctional and slow. As a result of these failings, many qualified individuals did not receive modifications necessary for them to have an equal opportunity within the GED program. This led to many struggling through the classes, repeatedly failing exams over many months, with many ultimately failing to obtain a GED.
The DOJ provided numerous recommendations. These included revising MNDOC policy, additional training, compensatory damages for those aggrieved, identifying an ADA coordinator to provide oversight, and providing periodic status reports to the DOJ on implementation. If the MNDOC failed to enter into compliance, the DOJ reserved the right to file suit and noted that an affected individual had the right to file a private suit regardless of the DOJ’s findings.
Summary Authors
Eric Gripp (11/28/2022)
State / Territory: Minnesota
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The U.S. Department of Justice (DOJ) is a federal executive department tasked with enforcing federal law. The DOJ's Civil Rights Division enforces federal statutes prohibiting discrimination on the basis of race, sex, disability, religion, familial status, national origin, and citizenship status.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Minnesota Department of Corrections (St. Paul, Ramsey), State
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Access to public accommodations - governmental
Reassessment and care planning
Discrimination-area:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Disability:
Mental Disability:
Intellectual/developmental disability, unspecified
Type of Facility: