Letter to the Hon. Eugene Dorado, Comptroller General of the US - Help Ensure Students with Disabilities Can Access Public Education

Letter

Dear Mr. Dodaro:

The Americans with Disabilities Act (ADA) became law in 1990, representing an enormous step forward in requiring public buildings and spaces to become fully accommodating and accessible for individuals with disabilities. While significant progress has taken place since its passage more than 27 years ago, many Americans continue to face difficulties in physically accessing public spaces. Few have become more glaring than our nation's education system, which often keep students with disabilities from the school of their choice in their neighborhood, and the proper education they deserve.

In 2015, the former U.S. Attorney for the Southern District of New York issued a scathing report on the state of compliance among New York City's public schools system. The report found that nearly 83 percent of the City's public elementary schools are not "fully accessible."[1] This is simply unacceptable and places an undue burden on these students and their families, especially those living in underserved communities of color that continue facing other systemic barriers in most aspects of their lives.

While the City has acknowledged poor ADA compliance in its schools, the response in addressing the situation has been underwhelming. If ADA compliance rates are so poor within one of the country's wealthiest cities, one can only imagine just how dire the situation may be in other states and school districts that are not so fortunate.

Students with disabilities, from New York City to coastal Virginia and all across the country, are entitled to a "free, appropriate public education" under the Individuals with Disabilities Education Act. However, localities continue to undermine the law by limiting the number of schools students with disabilities can physically access through negligence and lackluster enforcement of the ADA. That is why we write to request the Government Accountability Office to analyze and issue a report on ADA compliance in our nation's schools. Below is a series of questions we would like to see addressed in such report:

What is the estimated rate of ADA compliance among the nation's primary and secondary schools?
Do state and local education agencies have adequate data to ensure schools are compliant with the ADA? If not, why not?
Under the ADA, public entities are legally obligated to identify all programs that deny equal access to persons with disabilities and create a detailed plan to ensure removal of barriers necessary to provide equal access. What percentage of school districts have such plans in place and of those, how many comply with these plans?
How can the federal government work with state and local governments, and state and local education agencies to ensure compliance among schools?
How do state and local education agencies ensure physical accessibility of new school building projects through the contracting process?
How can Congress and the federal government strengthen enforcement of the ADA to ensure full compliance among the nation's schools, both through legislation and agency rulemaking?
Thank you for your continued commitment to holding our government accountable and for providing a thorough analysis measuring the impact our laws have on the American people. We look forward to working with the Government Accountability Office to move this project forward, so we can better uphold our commitment to students with disabilities and provide them with the education they so deserve.

Sincerely,

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