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.