Settlement Agreement between the United StatesSettlement Agreement • December 1st, 2021
Contract Type FiledDecember 1st, 2021On October 16, 2020, the U.S. Department of Justice, Civil Rights Division, Educational Opportunities Section, and the U.S. Attorney’s Office, District of Maryland (together the “United States”) notified FCPS that it was investigating whether the District’s seclusion and restraint practices violate Title II of the Americans with Disabilities Act (“Title II”), 42 U.S.C. § 12132, by discriminating against students with disabilities or denying those students the benefits of the District’s “services, programs or activities.” The investigation found that the District discriminated against students on the basis of disability by denying them the opportunity to participate in or benefit from the District’s education program, see 28 C.F.R. § 35.130(b)(1)(i); utilizing eligibility criteria that effectively subjects students with disabilities to discrimination, see 28 C.F.R. § 35.130(b)(8); and failing to make reasonable modifications to avoid disability discrimination in the District’s program,