A.V. v. Douglas County School District
On June 24, 2021, the Department filed a Statement of Interest clarifying that Title II of the Americans with Disabilities Act applies when law enforcement agencies arrest people with disabilities, including when School Resource Officers arrest children with disabilities. Additionally, the Statement of Interest explains how Title II’s reasonable modification requirement applies during School Resource Officers’ interactions with children with disabilities and clarifies that public entities may be liable for the actions of their employees, contractors, and agents under Title II. On May 31, 2022, the Department filed a second Statement of Interest clarifying that under Title II of the Americans with Disabilities Act, a school district is liable for discrimination in its programs, services, or activities even when it provides them through contractual, licensing, or other arrangements. Accordingly, the statement of interest explains that school districts cannot divest themselves of responsibility for the lawful administration of any of their programs by contracting with School Resource Officers, private security guards, or any other contractors.