Justice Department Secures Agreement with Nebraska School District to End Discriminatory Treatment of Deaf and Hard of Hearing Students

The Justice Department announced today that it filed a complaint and proposed consent decree to resolve allegations that Lincoln Public Schools (LPS), in Lincoln, Nebraska, violated the Americans with Disabilities Act (ADA) by denying some deaf and hard of hearing students an equal opportunity to attend their neighborhood schools or participate in the high school choice program.

Under LPS’ cluster school policy, deaf and hard of hearing students believed to need American Sign Language (ASL) interpretation had to attend cluster schools serving deaf and hard of hearing students. In applying this policy, LPS did not consider the individualized needs of deaf and hard of hearing students, denied them an equal opportunity to participate in neighborhood school and high school choice programs and failed to provide effective communication to some deaf and hard of hearing students.

“Denying students with disabilities access to their neighborhood schools based on a blanket policy denies such students the opportunity to experience school with their siblings, friends, and neighbors and is discriminatory,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “The Justice Department is pleased that LPS has changed its practices and will work to ensure that deaf and hard of hearing students have equal educational opportunities.”

LPS’ reliance on the cluster school policy harmed students who are deaf or hard of hearing and their parents. One student placed in a cluster school experienced long daily commutes each day. LPS’ cluster school requirement also harmed the impacted students’ parents who incurred transportation and other costs taking their children to the distant cluster schools. 

Under the proposed consent decree, which must be approved by the U.S. District Court for the District of Nebraska, LPS has agreed to pay $12,000 to compensate individuals the policy harmed; end its blanket policy of requiring deaf and hard of hearing students believed to need ASL to attend a cluster school; adopt non-discrimination policies and complaint procedures; designate an ADA coordinator; train staff; and provide reports to the department during a monitoring period.

The department previously provided its findings and minimum remedial measures necessary in a letter to the school district. View the letter of findings here. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (voice) or (TTY 833-610-1264) or visit www.ada.gov. ADA complaints can be filed online at www.ada.gov/complaint.

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