1. “Lincoln Public Schools discrimination against deaf students”
2. “Compensation for discrimination against deaf students in Lincoln Public Schools”.

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Lincoln Public School District Under Investigation for Violating Federal Law in Treatment of Deaf and Hard of Hearing Students

The Department of Justice (DOJ) has recently conducted an investigation into the treatment of deaf and hard of hearing students within the Lincoln Public School (LPS) district, uncovering violations of federal law. In a letter addressed to LPS, the DOJ highlights the district’s practice of assigning students who require American Sign Language (ASL) interpretation to specific schools designated solely for deaf students at the elementary, middle, and high school levels.

The blanket policy implemented by LPS fails to consider the individual needs of these students, depriving them of equal opportunities to participate in the district’s neighborhood school and high school choice programs. Furthermore, the policy is deemed unnecessary for providing effective aids, benefits, and services, leading to a lack of effective communication for deaf students. The DOJ’s letter states that LPS maintains this policy for administrative convenience rather than considering the specialized services offered at cluster schools or the content of a student’s Individual Education Program under the Individuals with Disabilities Education Act.

The investigation was prompted by a complaint filed by Disability Rights Nebraska on behalf of an LPS elementary school student. The complaint highlighted the student’s inability to attend her neighborhood school, forcing her to commute at least 25 minutes to her designated cluster school. As a result, she misses out on opportunities to build friendships with children from her neighborhood, attend school with her sibling, and become more familiar with her local environment, as stated in Disability Rights Nebraska’s press release.

The district’s response to the complaint acknowledged the student’s attendance at her neighborhood school during kindergarten, where she was not provided with an ASL interpreter, leading to discomfort and fatigue. The DOJ found no evidence that LPS assessed the possibility of providing ASL interpretation services at the student’s home school, further supporting the violation of federal law.

It is not just one student who has been impacted by LPS’s policy, according to the DOJ and Disability Rights Nebraska. Another student is forced to commute an additional 90 minutes each day due to the district’s practices, choosing to attend two separate high schools to pursue elective courses of interest. Disability Rights Nebraska also highlights the case of a student with temporary hearing loss who relies on assistive technology rather than ASL for communication. Despite her lack of knowledge in ASL, the district enrolled her in a different school during her senior year, isolating her from friends, teachers, and a familiar school environment.

The DOJ asserts that LPS’s policy violates Title II of the Americans with Disabilities Act (ADA), which prohibits the exclusion or denial of benefits, services, programs, or activities to individuals with disabilities. In response, the DOJ’s letter requires the district to withdraw its blanket policy and instead conduct individual assessments to determine the appropriate placement for students. Students should only be sent to cluster schools if their own schools cannot provide the necessary services. Additionally, LPS is expected to adopt a non-discrimination policy, provide training to all employees, and designate an employee responsible for overseeing policy implementation.

Compensation for any injuries caused by the violations is also demanded for the students affected by the district’s policy. LPS has acknowledged having cluster sites but clarified that only 11 out of 168 identified deaf and hard of hearing students attend these schools.

In response to the DOJ’s findings, a spokesperson for the district stated that LPS’s legal team received the letter and is currently reviewing the concerns raised. They expressed the district’s commitment to providing individualized assessments and ensuring that specialized and individualized services align with students’ unique needs while complying with state and federal regulations.

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1. “Discrimination against deaf students in Lincoln Public Schools”
2. “Compensation and changes required for deaf students’ rights in Lincoln Public Schools”.