June 29, 2021

Today, the Justice Department filed a Statement of Interest in the A.V. v. Douglas County School District et. al. lawsuit in the District of Colorado.  In this lawsuit, the plaintiff alleges that the Douglas County School District, the Douglas County Sheriff, and their School Resource Officers violated Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Constitution, when School Resource Officers aggressively handcuffed and detained an eleven-year-old with autism spectrum disorder who scratched a classmate with a pencil after the classmate wrote on him with markers.  The Statement of Interest reaffirms the Department’s long-held position 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. 

To find out more about this Statement of Interest or the ADA, visit ada.gov or call the Justice Department's toll-free ADA information line at 1-800-514-0301 or 1-800-514-0383 (TDD).

Article Credit: U.S. Department of Justice

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