Filed Date: March 20, 2025
Case Ongoing
Clearinghouse coding complete
This lawsuit concerns allegations of discrimination by the Arkansas Department of Education.
On March 20, 2025, the Arkansas Association of the Deaf (AAD) filed suit in U.S. District Court for the Eastern District of Arkansas, Central Division, against the following members of the Arkansas Department of Education: the Commissioner and Secretary, eight Board Members in their official capacity, and one Board Member in their individual capacity. In December 2023, defendants created a state social media survey, soliciting feedback on the quality of education, availability of resources, and funding for the Arkansas School for the Deaf and the Arkansas School for the Blind and Visually Impaired. The complaint set forth, however, that the survey used ambiguous and repetitive language and did not provide auxiliary aids, making the survey inaccessible to the plaintiffs’ members. Plaintiffs made requests to have the survey republished in an accessible format. However, the defendants did not respond and the survey closed after a 15-day window to provide responses. After the response period for the survey closed, plaintiffs continued to express concerns about the survey. On March 17, 2025, Arkansas introduced House Bill 1810 (“HB 1810”), which sought to merge the Arkansas School for the Deaf and the Arkansas School for the Blind and Visually Impaired into one entity: the Arkansas School for the Deaf and Blind. Plaintiffs alleged that HB 1810, which was developed from a “survey of the school community”, would remove existing and statutory protections, such as removing the requirement of deaf representation on the board of trustees and the requirement that employees be compensated for parent training and student tutorial services during non-typical work hours.
Alleging that defendants had an obligation to provide plaintiffs’ members with communication access, the plaintiffs set forth the following claims in their complaint. (1) First, plaintiffs alleged that defendants violated Title II of the Americans with Disabilities Act, which prohibits practices which deny public services or provide inadequate communication to individuals on the basis of their disability. Plaintiffs alleged that defendants knew that plaintiffs’ members required audio and visual aides of the survey to fully participate, and knowingly failed to provide such assistance. (2) Second, plaintiffs alleged that defendants violated §504 of the Rehabilitation Act of 1973, which prohibits denying access to programs or activities which receive federal funding to individuals on the basis of their disability. Plaintiffs set forth that defendants’ actions and inaction resulted in disparate impact to plaintiffs’ members, depriving them of their right to civic participation. For these claims, the plaintiff sought declaratory and injunctive relief.
On the same day, plaintiff filed a motion for preliminary injunction, to enjoin the defendants from relying upon or in any way using the results of the December 2023 survey, and declaring any actions taken on the basis of that survey deficient. This case is still early in litigation, with no further updates yet as of March 31, 2025.
Summary Authors
Keren Yi (3/31/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69763355/parties/arkansas-association-of-the-deaf-v-oliva/
Baker, Kristine Gerhard (Arkansas)
Darrah, Drake Wu (Arkansas)
Laux, Michael J. (Arkansas)
Broyles, Jordan (Arkansas)
Purvis, Laura L. (Arkansas)
See docket on RECAP: https://www.courtlistener.com/docket/69763355/arkansas-association-of-the-deaf-v-oliva/
Last updated Aug. 10, 2025, 5:25 a.m.
State / Territory: Arkansas
Case Type(s):
Key Dates
Filing Date: March 20, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiff is a 50l(c)(3) state membership nonprofit organization, based in Little Rock, Arkansas, which represents the interests of deaf members of the Arkansas community
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Board Members of the Arkansas Department of Education, State
Commissioner and Secretary of the Arkansas Department of Education, State
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Access to public accommodations - governmental
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Discrimination Area:
Discrimination Basis: