### **STATEMENT BY KENNETH L. MARCUS, ASSISTANT SECRETARY FOR CIVIL RIGHTS, ON THE 28TH ANNIVERSARY OF THE SIGNING OF THE AMERICANS WITH DISABILITIES ACT**

#####  July 26, 2018

 

Twenty-eight years ago today, President George H. W. Bush signed into law the  landmark Americans with Disabilities Act (ADA). The ADA is the most consequential civil rights legislation with  regard to this nation’s more than 56 million Americans with all types of  disabilities. Since that historic day, countless barriers have given way to  positive progress in education and other realms of life, although much work  remains to be done. 

As  Secretary Betsy DeVos said in July 2017, “Children with disabilities are no  less deserving of their civil rights protections than any other student.” True  to that commitment, the U.S. Department of  Education’s Office for Civil  Rights (OCR) has remained at the forefront of protecting  students with disabilities against discrimination. By  vigorously protecting civil rights, OCR has paved the way for students with  disabilities to have the same opportunity as is accorded to other students to  reach their greatest potential. OCR’s enforcement of the ADA has resulted in  increased access and opportunities for students with disabilities at  preschools, elementary and secondary schools, apprenticeship programs, libraries,  and colleges and universities nationwide. 

Since January 20, 2017, OCR has resolved 2,295 disability-related  complaints with a positive change—meaning that a school altered its practices  in a positive way for a complainant. These cases include positive changes in  the areas of a Free Appropriate Public Education (FAPE), website accessibility,  retaliation, different treatment/exclusion, denial of benefits, disability  harassment (unwelcome conduct based on a student’s actual or perceived  disability), academic adjustments (including auxiliary aids and services and  modifications to academic requirements), and student housing. 

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Here are some specific examples of how OCR has directly made a  difference in the lives of students with disabilities: 
                - Ensuring Equitable Services, Proper Evacuation, and Accessible  Facilities (Denver Public School District, CO):  Yesterday, OCR resolved this complaint from the parent of a student who  uses a wheelchair alleging that the District failed to provide  equitable services to the student; left the student  behind on multiple occasions during fire drills at the school; and that the  school’s facilities are inaccessible, including allegations that restrooms were  inaccessible, doors were too heavy to open, ramps were too steep to navigate,  and that seating in the auditorium and in the student’s classrooms was not  properly accessible.  During the investigation but before  OCR had made any findings, the District indicated its willingness to take steps  necessary to ensure compliance with Section 504 and Title II.  Under  the agreement, the District will: 
                convene  a Section 504 team meeting to determine the amount and nature of compensatory  services or other remedial measures that the District will provide to the  student;
review and, as necessary, revise the school’s  evacuation procedures;
implement the evacuation procedures, and publish  them in student and employee handbooks and on the website;
develop  and implement a process to notify school visitors of the evacuation procedures; 
develop  a schedule of evacuation drills to be conducted at the school during the  2018-2019 school year; 
provide  training to all School staff on the evacuation procedures and process for  notifying visitors about the evacuation procedures;
evaluate  the accessibility of and identify any barriers to access for individuals with  disabilities at the school; and
implement  the remediation plan, taking the steps necessary to address each identified  barrier to access in accordance with the OCR-approved plan.

                - Addressing Auxiliary Aids and Academic Adjustments  (Central Washington University, WA):  OCR resolved  this complaint alleging that the University failed to provide auxiliary aids  and academic adjustments to address the needs of a student with multiple  chemical sensitivities who had been denied remote access to her classes and  lectures because the University believed providing remote access would constitute  a fundamental alteration of the classes and lectures. OCR found the University  in violation of Section 504 and Title II because the University did not make an  individualized evaluation of the courses and lectures to determine whether the  requested accommodation would, in fact, fundamentally alter the nature of the  courses and lectures. Under the agreement, the University will: 
                revise  its policies and procedures relating to the provision of auxiliary aids and  academic adjustments, specifically as to the documentation required for such  accommodations and what constitutes a fundamental alteration of essential  program requirements; 
train  university academic administrators, disability services staff, and faculty  regarding its revised policies and procedures; and 
offer  to reimburse the student for expenses she incurred.

                - Promoting FAPE (North Slope Borough School District,  AK):  OCR resolved this class-wide complaint, alleging  that secondary students with disabilities enrolled in the District’s Alak  School were denied a free, appropriate public education (FAPE) because there  was no qualified special education instructor for them, resulting in the  failure to implement the students’ individualized education plans. Under the resolution  agreement, the District will:  
                ensure  that secondary students receiving services and/or related aids under an IEP or  Section 504 plan have a qualified special education instructor;
review  and revise its Section 504 policies and procedures;
provide  staff training regarding Section 504 and Title II of the ADA;
determine  whether the students’ plans were being implemented during the 2017-2018 school  year; and 
provide  compensatory education services to the students.    

                - Facilitating Access to Sign Language Interpreters (Yadkin  County Schools, NC):  OCR resolved  this complaint, which alleged that the District failed to provide interpreting  services to a deaf complainant for a school play, thereby preventing him from  understanding the production and participating in his daughter’s performance.  Under the agreement, the District will: 
                engage  in proactive outreach by scheduling a meeting between the Executive Director of  Student Services and the complainant to discuss best practices and resources  for providing services to deaf and hard-of-hearing parents and community  members; 
send  a letter to all parents and guardians in the District who are known to be deaf  or hard-of-hearing, informing them of the District’s legal obligations  regarding effective communication, notifying them of the protocol for  requesting an interpreter, and providing the contact information for the  Teacher of the Deaf/Hard-of-Hearing who will serve as the point person for any  questions or concerns relating to the provision of services for parents and  guardians who are deaf or hard-of-hearing; 
disseminate  a similar memo to all instructional staff and administrators in the District  informing them of its legal obligation and protocol; and
provide  training to all instructional staff and administrators at the two high schools  and leadership training for all principals and central office leadership in the  District regarding effective communication and invite the complainant to  participate in the trainings by attending in-person or submitting a video of 5  to 10 minutes that will be presented during the training.

                - Clarifying the Role of Medical Assessments in 504  Plans (KIPP DC Public Charter Schools, DC):  OCR  resolved this class-wide complaint alleging that KIPP DC Public Charter Schools  refused to complete a Section 504 Plan unless a student provided a letter  confirming a diagnosis from an outside pediatrician or psychiatrist. The  schools did not accept evaluations from school psychologists. Under the  agreement, the District will: 
                revise  all relevant policies and procedures to indicate that a medical assessment is  not required but, if the team makes an individual determination that a medical  assessment is necessary to conduct a particular evaluation, ensure that the  student receives this assessment at no cost to the student’s parent/guardian;
provide  training on the revised policies and procedures to all headquarters and  school-level administrators and staff members who regularly participate in the  Section 504 process and integrate this information into existing trainings,  meetings, and other appropriate opportunities throughout the school year;
conduct  an administrative review of the education records of all students for whom an  eligibility, evaluation, and/or reevaluation meeting was requested during the  2017-2018 school year to determine whether there are any students who were  denied a plan and/or specific accommodations because they did not have a  medical assessment;
reconvene  the team for each student identified through the administrative review to make  an individual determination of whether the student is eligible for Section 504  services and whether compensatory services are appropriate; and 
notify  each student’s parent/guardian that, if they obtained an outside medical  assessment per the direction of school staff prior to the date of the  notification, the schools will reimburse the out-of-pocket costs of the  assessment.

                - Providing  Large-Scale Technical Assistance on Website Accessibility:  Following the  launch of the U.S. Department of Education’s  Website  Accessibility Technical Assistance Initiative  on May 17, 2018,  OCR hosted  3 webinars , witnessing  participation of more than 3,000 individuals representing schools, districts,  public and private four-year universities, community colleges, and trade  schools. Participants came from communities of every size and hailed from 49  states, the District of Columbia, many U.S. territories, and some foreign  countries. 

This anniversary of the ADA serves as a reminder to rededicate  ourselves to ensuring that all students—including those with disabilities—have  equal access to education, and thus future opportunities.