NOV 6 1997 The Honorable James J. Jeffords United States Senate Washington, D.C. 20510 Dear Senator Jeffords: I am writing in reply to your letter, with enclosures, on behalf of your constituent, Ms. XXX of XXX Vermont. Ms. XXX had provided you with a copy of the letter she wrote to President Clinton outlining some of the problems she and her disabled son have encountered, over the years, with various schools he has attended. Please excuse our delay in responding. In her correspondence, Ms. XXX alleges that some of her son's school experiences may have involved discrimination on the basis of disability for failure on the part of the schools' various administrators and teachers to provide him with reasonable modifications of programs and, at times, freedom from harassing behavior by other students. Ms. XXX additionally describes difficulties her son has encountered with respect to his inability to obtain financing for enrollment in a Vermont State College to study art. She hopes our department may be able to assist her. Staff of the Disability Rights Section, Civil Rights Division, have given careful consideration to the information Ms. XXX furnished. The circumstances she describes, however, do not reveal that current violations of Federal civil rights laws are involved. Several of her allegations concern issues related to education financing, vocational rehabilitation, and qualification for Supplemental Security Income (SSI). These matters with which she is principally concerned are properly within the jurisdiction of the Federal and State and local agencies that administer such programs. Accordingly, we are unable to be of direct assistance. cc: Records, Chrono, Wodatch, McDowney, Talian, FOIA talian\myfiles\congress\f-oknovoij.eff.ed.loans.wpd\sc. YOUNG -2- Ms. XXX should continue to pursue full explanations about qualifying for vocational rehabilitation with the appropriate State agency office in her locale. She should, likewise, seek advice on school loan matters from financial aid officers at the schools her son will attend or has attended in the past. These officials should be able to explain fully what her options are with respect to repaying outstanding student loans, or for obtaining waivers or exemptions from repayment based on her son's disabled status. At the Federal level, these matters are administered by the Department of Education through the following offices: Mr. Thomas Hehir Director Office of Special Education Programs OSERS, Room 3086 Switzer Building 330 C Street, S.W. Washington, D.C. 20202-1100 Telephone (202) 205-5507 Mr. David Longanecker Assistant Secretary Office of Postsecondary Education U.S. Department of Education ROB-3, Room 4082 600 Independence Avenue, S.W. Washington, D.C. 20202 Telephone: (202) 708-5547. Although Ms. XXX generally believes that her son's rights have been violated, a Federal investigative agency can only respond to allegations with supporting facts sufficient to identify a possible violation of Federal civil rights statutes and implementing regulations prohibiting discrimination on the basis of disability. Under title II of the Americans with Disabilities Act of 1990 (ADA) and, concomitantly, section 504 of the Rehabilitation Act of 1973, as amended, the Department of Education is the agency with primary jurisdiction to investigate alleged violations of these laws by educational public entities and/or schools that are recipients of Federal financial assistance. The Department of Justice may initiate judicial enforcement actions under title II of the ADA and section 504, but this is done only after a matter is referred to the Department of Justice from an agency with primary investigative and enforcement jurisdiction. -3- Referrals to the Department of Justice are made by the investigative agency, after a formal finding of discrimination. This follows a determination that the public entity or recipient school will not voluntarily comply with remedial actions to resolve the discrimination. Such a referral to the Department of Justice for consideration of judicial enforcement has not occurred with respect to any of Ms. XXX complaints. If Ms. XXX has specific information about a school that has denied admission or discriminated in other educational programs, benefits, or activities with respect to her son based on his disability, she should file her complaint with: Mr. Thomas J. Hibino Office for Civil Rights/ED J.W. McCormack Post Office & Courthouse Room 222, 01-0061 Boston, Massachusetts 02109-4557 Telephone: (617) 223-9662 FAX: (617) 223-9669; TDD (617) 223-9695. Ms. XXX also has other enforcement options if she does not want to pursue a Department of Education administrative investigation, or if the Department of Education does not initiate an investigation based on Ms. XXX charge. As an alternative to investigation, she may file a section 504/title II lawsuit in the appropriate Federal district court if she chooses to do so. She does not need any approval letter from the Department of Education or the Department of Justice before proceeding. Ms. XXX also may seek to resolve her complaints through alternative dispute resolution; or, she may consult with the State or local authorities involved, disability rights organizations, or organizations that provide alternative dispute resolution services (such as mediation or negotiation). We have enclosed a list of organizations serving Ms. XXX area. These groups may be able to identify resources available to provide Ms. XXX with assistance. Because Ms. XXX believes that her rights have been violated, we suggest that she contact private counsel or the nearest legal aid office and/or the local bar association to determine whether they may be able to assist -4- her at this time. An additional resource on the issue of accommodations for students with disabilities is: AHEAD Association on Higher Education and Disability P.O. Box 21192 Columbus, Ohio 43221-0192 Telephone: (614) 488-4972. Our last suggestion pertains to Ms. XXX concerns about her son's application for SSI benefits. The most expeditious manner to resolve areas of disputed benefits or medical claims processing is to contact the nearest local Social Security office. Ms. XXX may call the Social Security Administration's toll-free information number at (800) 772-1213 for instructions on exactly what information she needs to bring to any discussions about benefits claims, and to schedule an appointment. This procedure should expedite resolution of the problems she perceives she may encounter in obtaining SSI services. The Social Security Administration guarantees contact with its staff by calling their toll-free number, and we highly recommend that your constituents use this resource to resolve SSI disputes. I hope this information is useful in responding to your constituent's concerns. I also hope that Ms. XXX son receives the benefits and assistance to which he may be entitled under Federal and State/local programs. Sincerely, Isabelle Katz Pinzler Acting Assistant Attorney General Civil Rights Division Enclosure