Justice Department Probe Finds the Rights of Incarcerated Individuals with Disabilities Violated In Minnesota

Posted by SJ on 10/3/2022

On Friday, after a lengthy probe of the Minnesota Department of Corrections (MNDOC), the Department of Justice (DOJ) concluded that state prison facilities violated the Americans with Disabilities Act (ADA). According to the Justice Department’s findings, incarcerated individuals with disabilities who were part of the system’s General Education Development (GED) program, were not able to request or receive the GED exam modifications or accommodations that they needed.

A press release from the Department of Justice stated, “Without reasonable modifications, many incarcerated individuals with disabilities repeatedly failed their practice tests or official exams, were denied access to other prison programs, and were released from incarceration without a GED.”

As of this year, nearly 2,000 of the 7,833 adults incarcerated in the Minnesota prison system are enrolled in one of the Minnesota prison system’s secondary credentials programs. Hennepin Country recently reported that 30% of people incarcerated in its prison system have neither a GED nor a high school diploma. Additionally, formerly incarcerated people who earn an education while serving time, are less likely to return to prison. 

The Americans with Disabilities Act notes that examples of GED exam accommodations, such as the ones MNDOC failed to provide, might include “Braille or large-print exam booklets, screen reading technology, scribes to transfer answers to Scantron bubble sheets or record dictated notes and essays, extended time, wheelchair-accessible testing stations, distraction-free rooms, physical prompts (such as for individuals with hearing impairments), and permission to bring and take medications during the exam (for example, for individuals with diabetes who must monitor their blood sugar and administer insulin).”

The Bureau of Labor Statistics points out that by obtaining a GED, an individual is more likely to secure full-time employment, earn more money, and pursue additional education, than those without a diploma. These stakes are even higher for formerly incarcerated individuals rejoining the workforce. 

“The ADA gives people with disabilities, including people in correctional facilities, the right to equal access to educational opportunities, like GED programs,” Kristen Clarke, Assistant Attorney General with the Justice Department’s Civil Rights Division, explained. “The Civil Rights Division remains committed to enforcing the ADA and ensuring that all people with disabilities can learn and be tested not on their disabilities, but on their knowledge and skills,” Clarke continued. 

The Justice Department also made public the letter of findings it sent to MNDOC. The letter outlined the DOJ’s findings and what types of remediation are necessary.  The department suggested remediations such as revision of written policy, processes, and trainings, as well as the identification of an ADA coordinator, and a new protocol to lodge ADA-related complaints. 

The DOJ also provided an opportunity to work together with MNDOC to remediate the program per the department’s recommendations, “We hope to work cooperatively with you to resolve the Department’s findings in this matter. If the MNDOC declines to enter into voluntary compliance negotiations or if our negotiations are unsuccessful, the United States may take appropriate action.”

While the Department of Justice has begun the process of holding MNDOC accountable, it’s unclear what–if anything–will be done for incarcerated and formerly incarcerated individuals who were not given the testing accommodations they deserved during their time enrolled in MNDOC’s GED programs. The DOJ has recommended paying compensatory damages to those affected.