Case: United States v. Lincoln Public Schools

This investigation concerned Lincoln Public Schools' (LPS) alleged violation of the Americans with Disabilities Act (ADA) through its treatment of deaf and hard-of-hearing students. The U.S. Department of Justice (DOJ) initiated an investigation into LPS following allegations that it violated the ADA by denying some deaf and hard-of-hearing students an equal opportunity to attend their neighborhood schools. The investigation scrutinized LPS's practices, specifically focusing on the requirement for these students to attend designated cluster schools rather than their neighborhood, mainstream, or specialty schools. The DOJ published its letter of findings on February 14, 2024.

The ADA prohibits discrimination by public entities against qualified individuals with disabilities. The DOJ found that LPS policy mandated that deaf and hard-of-hearing students who were assessed to need American Sign Language (ASL) interpretation enroll in cluster schools. This policy, applied without considering individual needs, and denied students equal participation in LPS's neighborhood school and high school choice programs; failed to provide equally effective aids and services; and resulted in a lack of effective communication for deaf students. The investigation revealed that this policy was maintained for administrative convenience rather than based on the specialized services offered at cluster schools or the contents of a student's Individual Education Program under the Individuals with Disabilities Education Act.

The investigation, which included document reviews and interviews with relevant parties, highlighted several instances where the policy adversely affected the educational and social well-being of students by imposing additional commute times, restricting access to desired academic courses, and limiting social interactions with peers. For instance, Student A faced significant additional commute times and social isolation. Student B's proposed placement at a cluster school for her senior year threatened her effective communication and social connections. Student C was compelled to commute to a non-cluster school for courses aligned with his career aspirations. These examples underscored the policy's failure to provide an equal educational opportunity and the necessity for individualized assessments of students' needs.

The investigation found that LPS's policy was unnecessary for ensuring effective communication and educational benefits for deaf and hard-of-hearing students. The one-on-one nature of American Sign Language (ASL) interpreting services could feasibly have been provided at neighborhood schools, challenging the rationale behind the cluster school requirement. Furthermore, LPS's practices not only hindered students' access to educational benefits but also imposed undue burdens on their families, infringing upon their rights and causing additional logistical and financial strains. 

To address these violations, the DOJ outlined remedial measures that LPS was required to undertake, including the withdrawal of the blanket cluster school policy, the adoption of a comprehensive non-discrimination policy, and the implementation of training programs on ADA compliance for school employees. Additionally, LPS was required to designate an ADA coordinator and provide compensatory damages to affected individuals. The DOJ expressed its willingness to work cooperatively with LPS to achieve compliance but remained prepared to initiate legal action if necessary to enforce ADA standards.

And indeed, on August 15, 2024, the DOJ filed an action against LPS in the U.S. District Court for the District of Nebraska. Building on its prior findings, DOJ alleged that LPS's cluster school policy violated Title II of the ADA and its implementing regulation by discriminating against qualified students with disabilities and their parents, failing to provide effective communication to some deaf and hard of hearing students, denying equal services to students and their parents, and imposing a policy that was not necessary to provide aids, benefits, and services. It further alleged that the cluster school policy harmed students' parents who incurred transportation and other costs in order to facilitate their children's participation in electives not available at the cluster schools.  DOJ sought injunctive relief and compensatory damages. The case was assigned to Chief Judge Robert F. Rossiter, Jr. 

Also on August 15, 2024, the parties filed a proposed consent decree. The decree would resolve the litigation and require LPS to comply with the ADA by withdrawing the cluster school policy, including timely reconsideration of school assignments for each student previously subject to the cluster school policy.  Under the agreement, LPS would only place a student in a cluster school if, after individualized assessment, LPS could demonstrate that the student needed additional support and intervention beyond ASL interpretation that could be provided only at the cluster school. In addition, LPS was required to provide ASL interpreters in neighborhood schools unless it could demonstrate that providing an interpreter would result in undue financial and administrative burden, in which case LPS was to work to ensure to the maximum extent possible that the student(s) needing interpretation received the district's benefits and services. In addition, LPS was to adopt and implement an ADA/non-discrimination policy, designate an employee to serve as an ADA coordinator for the district, and provide relevant training to staff and contractors. LPS also agreed to pay a total of $12,000 to all individuals who suffered compensatory damages as a result of the cluster school policy. Finally, beginning 3 months after the effective date of the agreement and every 6 months thereafter, LPS was to submit written reports detailing efforts toward compliance. The decree was to remain in effect for three years, with the court retaining jurisdiction for purposes of enforcement.