US DOJ CRD Educational Opportunities Section

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Some reading material. I'm reading to see where the line is when DOJ takes over a disability/special education case from DOE. This is from the CRD's Educational Opportunities Section.

Disability Discrimination

The Educational Opportunities Section addresses disability discrimination in several ways, including through its existing desegregation cases and its English Language Learner (ELL) matters. For example, in the desegregation context, the Section examines if minorities are disproportionately under or over identified. In the ELL context, the Section ensures that dually identified ELL and special education students receive all services to which they are entitled.

The Americans with Disabilities Act (ADA) was enacted in 1990 to address discrimination against persons with disabilities (see also the ADA homepage). Title II of the ADA provides that no individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, program, or activities of a public entity, or be subjected to discrimination by any such entity. The Department of Education, Office for Civil Rights (OCR) has primary responsibility for investigating Title II complaints. Title III of the ADA prohibits discrimination on the basis of disability in public accommodations, such as schools, operated by private entities. The Civil Rights Division has primary responsibility for enforcing Title III as it relates to education.

Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion, the denial of benefits, and discrimination by reason of disability in programs or activities receiving federal funds. OCR has primary responsibility for enforcing Section 504's provisions with respect to recipients of federal education funds.

The Individuals with Disabilities in Education Act (IDEA) requires States and local education agencies to provide a free and appropriate public education to children with disabilities. The Department of Education has primary responsibility for enforcing IDEA. The Civil Rights Division gets involved in ADA, 504, and IDEA cases through referrals from the other federal agencies and intervening in pending lawsuits. For examples, view the cases list.

Here's the case list please see heading for Disability (including Special Education). It includes amicus and intervention briefs. Obviously, same regs, jurisdiction ceded in the same manner--yet interesting. Happy reading.

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How to file a complaint instructions are shared jointly for DOJ CRD and DOE OCR. Bullet point outline that covers jurisdictional differences, complaint process, what evidence you need to have in order to be ready to file and in what format. One highlighted difference in enforcement.

Differences between the Civil Rights Division and OCR: Enforcement Tools

o While both agencies work to ensure equal access to educational opportunities
through the vigorous enforcement of civil rights laws, the enforcement
mechanisms differ.
o OCR engages in complaint resolution, compliance reviews, directed
investigations, enforcement actions, and technical assistance.
o The Civil Rights Division engages in selective investigation of complaints, out-
of-court settlements, and litigation in federal court.

Should I file a discrimination complaint with OCR or the Civil Rights Division?

• There are some areas, as we discussed, where OCR and the Civil Rights Division have
different enforcement authority, while there are other areas where either agencies may investigate a complaint.
• Here are some factors to consider in deciding where to file:
    o Type of discrimination (e.g. religion, disability)
    o Type of education institution (e.g. public or private) o When discrimination occurred
    o Desired resolution and timeframe

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Adding more from the OCR Reading Room. Scroll down for Publications - Section 504 and ADA/Title II. Documents, Federal Register Notices and Regulations, and Regulations - Section 504/ADA.

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Private attorney presentation on 504. I have not read in full and yes this is the type of reading I actually enjoy on a Friday evening or pretty much anytime. I think's it's the type of read you sit down with a cuppa for the first pass. Ruminate. Then reread.

FYI, link downloads a PDF.

One more.

Another from TAESE. Supposed internal PPT for schools.

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Here we go this is nexus of when and where DOE turns it over to DOJ. It's located in OCR Case Processing Manual (CPM) in the OCR Reading Room posted above.

Section 402 Refer to DOJ Where Appropriate

If post-Letter of Impending Enforcement Action negotiations do not result in a resolution agreement, the Enforcement Office will so inform the Assistant Secretary, and that office will issue a 10-day letter informing the recipient that the case will be referred to DOJ in 10 days of the date of the letter. OCR will prepare a draft of the referral letter to DOJ for the General Counsel’s signature.  The Enforcement Directors, in conjunction with OGC, will consult with DOJ where appropriate.

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