Department of Justice says LPS discriminated against deaf, hard of hearing students

LINCOLN, Neb. (KLKN) – The U.S. Department of Justice said Wednesday that Lincoln Public Schools discriminated against deaf and hard of hearing students.

Federal officials said the district violated the Americans with Disabilities Act by denying deaf and hard of hearing students from attending their neighborhood schools.

“Denying students with disabilities the right to attend their neighborhood school based on a blanket policy is discriminatory and runs afoul of our nation’s civil rights laws,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division in a press release. “The Justice Department will defend children’s rights to equal educational opportunities in schools, including the right to attend school along with their siblings, friends and members of their community.”

The department conducted an investigation and found that LPS requires students who need American Sign Language interpretation to attend a cluster school.

In doing so, the district didn’t consider the “individualized needs” of the students, denying them an opportunity to attend a neighborhood school or partake in high school choice programs, officials said.

The department also said the cluster school requirement has “harmed” students.

One student spends up to 90 minutes commuting to the cluster school each day, according to officials.

Another student, who temporarily lost hearing, was placed into a cluster program despite not understanding ASL.

The department provided its findings and “minimum remedial measures” in a letter to LPS.

Officials are asking the district to change its policies and procedures, designate an ADA coordinator, train staff and pay compensatory damages.

LPS released a statement on the department’s findings:

“The legal team for Lincoln Public Schools just received a letter today from the Department of Justice regarding compliance with Title II of the Americans with Disabilities Act. We are reviewing their findings and will work collaboratively with them to resolve concerns.

Lincoln Public Schools will continue to provide individualized assessments for students and work to ensure specialized and individualized services meet the unique student’s needs while aligning plans with resource availability and following state and federal regulations.”