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

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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.

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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

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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