Liability Release

[guess]

Call Justice and hang on with the jaw grip of a Moray eel.  Neat fact, Moray eels have a second set of inner jaws.

In all seriousness, ask the central question of what you do when you've exhausted all remedies and procedures with OCR and where does the case processing start with Justice on ADA under Title II.

Any idea how to get the attention of DOJ?  I've called the ADA specialist line twice and was told they could not help me.  I called their Civil Rights division.  No response.  I emailed.  No response.  Certified letter??

Sort of.  I had to get past the the front line of the state AG's office by frustrating them to get to an attorney.  Don't ask how they can help ask how they receive cases handed to them from OCR via case processing.  Try to get a name, frustrate the person you're talking to by saying you have procedural questions, and then call OCR HQ to see if you can start asking the same thing from the other end.  The CRM, CRIM, that nexus where cases are handed off or transferred.

One thing they cannot ignore is a filed complaint.  They may be able to shoo you away on the phone but it would be much riskier for them to ignore a complaint.  I'd use the language the ALJ used in JB properly cited.

The other way to think through this without me handing out a name directly is to think back into recent history on food allergy and anaphylaxis from DOJ who left a contact address and invited the attendees to contact.  Hint. Don't mention me, I'm not technically giving out the name since that person did it of his or her own accord.  Assume on this route you get to spend that coin exactly once so think on how you want to present your self or your situation and what you want.  I'd reference Inzelbuch's case and provide it as a reference, and cite Tustin as precedence for Title II.  If it were me I'd ask for a name of a colleague that has intersectional experience in K12 and disability.  Someone I could talk to directly who would have the suffix, "Esquire".

When I do these things I don't expect help per se I'm looking for the next threads of something I can follow up on. 

[guess]

So, were I to call on the subject my strategy would be to short circuit the entry level technicians filtering assistance calls.  I'm not trying to be a jerk but I've only ever talked to DOJ and OCR attorneys straight, the only administrative people I've talked to cold calling for assistance were in the state AG's office.

Back to the my more detailed method.

I wouldn't call about the details of the issue I'd be calling about procedure and precedent set by landmark Circuit court decision therefore I'd be calling about the amicus brief DOJ filed stating that 504 and ADA coexist without necessitating that 504 remedies be exhausted before seeking any coexisting or overlapping protections are provided under Title II.  I'm interested in someone who has experience in both primary and secondary education as evidenced by their Educational Opportunities Section and Disability to provide me with technical assistance on the procedural transfer of cases that DOJ and Ed OCR would have overlapping jurisdiction on.

If they say not happening, then you want to talk to someone about Tustin and the Ninth upholding the decision showing deference to Justice's interpretation of coexistence.  If they don't know about Tustin's application they need to find someone who can, and who also knows the procedure when a case would be under the jurisdiction of both departments.

It bears resemblance to the La Petite settlement agreement under Title III, and since Title II is not a lesser standard then someone with subject-specific knowledge of education and disability who IS familiar with La Petite, Tustin and Title II can provide the exacting, nuanced technical assistance on the duty of care responsibilities of a government entity engaging in the same discriminatory practice.  Please let me know who that person is, I need a name, how do I file a complaint given these circumstances, what do you need to know to investigate.  You have no jurisdiction?  I want to make sure I understand you perfectly, you are telling me that Title II protections are not active at a public entity (or whatever it's called) a recipient of federal financial assistance and that you know the significance of the Ninth Circuit's deference to DOJ's interpretation of the non-competing ADA protections, AND that you are aware of the details of the settlement of La Petite.  Please explain to me what Tustin was about, the students disability in K12 and what the amicus brief filed by your department says about coexisting ADA and 504... What were the details of the La Petite settlement, what corrective action did they take?  You believe that a Title II institution has a lesser standard?  Are you sure?  Can I talk to someone knowledgeable about these specific subjects?

Who has handled a case transferred from Ed OCR?  Can I talk to that person?  How do you spell the name?  Do you have a contact person at Ed OCR who liaises with DOJ on case transfers?  Do you know how that is initiated?  What are the procedures?  Where do I start to understand that procedure and the safeguards for my rights?

With state AG the reference I used was a document they had issued to the public.  I think you could use http://www.justice.gov/crt/about/edu/documents/filecomp.pdf as a jumping point and the CPM, CRIM.  Rake someone over the coals until they escalate your call.

The phrase that metaphorically comes to mind is drive it like you stole it.

[guess]

The general idea at this stage with Justice technical assistance via phone, from my perspective, is to apply some intense pressure to get more than the scripted answer.  See if anything shakes out once the person is stressed out a little.  A name, a division, a case, a premise, a contact, a strategy.  It may lead to something else that necessitates further investigation, or it may simply help you decide how best to write up your complaint.

Obviously, if you're emailing one of their more senior personnel one on one tact is the primary concern.

[Green Thumb]

Thank you, guess.  I will give this a try.

[Beach Girl]

The release is illegal.  They cannot single you out to sign a release because that is discrimination due to disability.  My university tried to get my mother and me to sign one and we called them on it.  Then their legal department admitted that we were correct.  I guess they figured they could bully us into signing. 

Regarding filing a complaint with DOJ, they are so overloaded that they only investigate 5% of complaints.  It has to be a complaint with far reaching consequences, something that will affect a lot of people.  I filed a complaint last year with DOJ and they sent it to my state`s OCR.

We are currently using a great attorney to resolve some issues with my university.  She is not in our state, but she wrote some letters on my behalf and was great at getting the issues resolved.  My university was violating the ADA in several ways.  She is very well informed on food allergies and has a food allergy child.  She wrote the first 504 for food allergies in her school district.  I am almost never on this board, but am home for the weekend.  PM me if you want her name.