People with disabilities belong in communities, not isolated in substandard housing or separated from their school-aged peers.
That notion drives our work at Disability Rights Nebraska. Certainly, we do not do this work to earn recognition. But we want to acknowledge it when we do.
Recently, our agency received a 2025 Advocacy Award for shining light on two major systemic civil rights violations in the Cornhusker State: 1) the unnecessary segregation of individuals with serious mental illness and 2) discriminatory practices against deaf and hard of hearing students in Lincoln Public Schools.
The National Disability Rights Network (NDRN) announced the award in June during its virtual national conference. The national network of Protection and Advocacy (P&A) agencies lauded the Disability Rights Nebraska agency for its persistent advocacy on the two issues: 1) lifting up the lack of community-based services statewide for people with serious mental illness and 2) objecting to a Lincoln Public Schools’ policy that kept children who are deaf or hard of hearing from attending their neighborhood schools.
Disability Rights Nebraska challenged these inequities by presenting them to the U.S. Department of Justice (DOJ). The department agreed to examine the issues and issued findings in both investigations.
After investigating Nebraska’s services for people with mental illness, the DOJ determined there is reasonable cause to believe the state violates the Americans with Disabilities Act (ADA) by failing to provide sufficient community-based services to prevent unnecessary institutionalization of adults with mental illness. Instead, the state subsidizes stays in mini-institutions throughout Nebraska where they have little contact with people without disabilities. You can read the full DOJ letter of findings on their website.
For context, here’s a bit of history. The Americans with Disabilities Act (ADA) is a U.S. civil rights law enacted in 1990 to prohibit discrimination against individuals with disabilities in various areas of public life.
In 1999, the U.S. Supreme Court ruled that the ADA prohibits unnecessary segregation in settings where people with disabilities live or receive services. In its Olmstead v. L.C. decision, the high court ruled people with disabilities have a right to live and receive services in their communities, providing them independence and opportunities to fully participate in community life.
“Nebraskans with disabilities should be able to join the workforce, pursue an education, volunteer and participate in their communities free from discrimination,” said Tania Diaz, CEO of Disability Rights Nebraska. “The time is now for the state to comply the ADA,” Diaz said.
In the second investigation, the DOJ filed a complaint and announced a consent decree to resolve allegations that Lincoln Public Schools (LPS) violated the ADA by denying some deaf and hard of hearing students an equal opportunity to attend their neighborhood schools or participate in the high school choice program.
LPS’ reliance on the cluster school policy harmed students who are deaf or hard of hearing and their parents, the DOJ found.
For example, our agency advocated on behalf of an elementary pupil with a hearing impairment whose preferred method of communication is American Sign Language (ASL) interpreting. The girl’s neighborhood school – her preferred school - is only two minutes from her family’s home. However, LPS requires her to attend a school across town to use an ASL interpreter. This school is more than a 25-minute, one-way drive from her home and even longer if she takes the bus. Furthermore, because the girl is forced to attend one of LPS’ designated sites for children with hearing impairments, she misses out on building friendships with children from her neighborhood, attending school with her sibling, and becoming more familiar with her neighborhood.
Another example is our advocacy on behalf of a high school student with a hearing impairment. This student experienced hearing loss later in her childhood. She does not communicate using ASL and does not require an ASL interpreter. This student uses assistive technology to communicate effectively. Nonetheless, LPS attempted to remove her from her neighborhood school during her senior year. LPS enrolled her in the high school designated for students who are deaf and hard of hearing. This move would have placed her in a school that uses a language that she does not understand. The placement would have also isolated her from her friends, teachers, and familiar school environment.
Under the proposed consent decree, which must be approved by the U.S District Court for the District of Nebraska, LPS has agreed to” 1) pay $12,000 to compensate individuals the policy harmed; 2) end its blanket policy of requiring deaf and hard of hearing students believed to need American Sign Language (ASL) to attend a cluster school; 3) adopt non-discrimination policies and complaint procedures; 4) designate an ADA coordinator; 5) train staff; and 6) provide reports the DOJ during a monitoring period.
The DOJ previously provided its findings and minimum remedial measure necessary in a letter to the school district. You can view the press release regarding the findings here.
Watch the video to learn more about the award and for more information about the work we do.
Disability Rights Nebraska is the Protection and Advocacy system for people with disabilities in Nebraska. It protects, supports and promotes the rights of people with disabilities.
Molly Klocksin has worked for Disability Rights Nebraska as an Advocacy Specialist for 24 years. She holds a bachelor’s degree in journalism from the University of Wisconsin-Eau Claire and a master’s degree in counseling from Doane University.
