June 24, 2024, U.S. Department of Justice Civil Rights Division (DOJ) released the findings of its investigation into, and resolution agreement with, Fulton County School District (Georgia), addressing violations of Title IX of the Education Amendments of 1972, Title II of the Americans with Disabilities Act (ADA) and the Equal Educational Opportunities Act of 1974.

DOJ determined Fulton County Schools "failed to adequately train its employees on responding to student-on-student Sexual Misconduct and lacked clearly defined policies and procedures (including with respect to roles and timelines) for investigating student-on-student Sexual Misconduct and for considering the impact of a student’s disabilities on their ability to consent to sexual activity during such investigations; and failed to offer students adequate supportive measures, ensure that students’ disabilities are effectively accommodated, and effectively communicate with students and their families."

2020 Lawsuit

In 2020, The New York Times reported on a lawsuit filed against Fulton County School District, stating that a 14 year-old girl who has disabilities was repeatedly harassed and assaulted, and then raped on a school bus:

"The suit added that on consecutive days from April 15 to April 20, the same student engaged in various forms of abuse, including forced oral sex.

“'It was not until April 20, 2019, after Doe had been stripped naked, physically battered and raped, that the bus driver reported to F.C.S.D. that he had ‘noticed something,’ the lawsuit said.'"

Resolution Agreement

Under its resolution agreement with DOJ, Fulton County Schools has agreed to the following:

"The District will adopt policies and issue guidance to ensure that the District: 1) promptly involves Title IX personnel in its response to allegations of student-on-student Sexual Misconduct; 2) provides supportive measures and compensatory supports (if appropriate) to Title IX complainants; 3) provides appropriate disability accommodations by maintaining District supplied Augmentative and Alternative Communication devices and by considering a student’s need for a bus monitor during the transition planning process; 4) ensures English Language Learners and Limited English Proficient parents can participate meaningfully in the Individualized Education Program process; and 5) ensures Limited English Proficient parents can communicate with the District about allegations and investigations of sexual misconduct. The District will also develop and deliver sexual misconduct trainings that specifically address the vulnerabilities unique to students with disabilities."

Additional Reading

June 8, 2023, the United States Department of Education (USDOE) Office for Civil Rights (OCR) released the findings of its investigation into whether Fulton County School District's "online programs, services, and activities exclude qualified persons with disabilities from participation in, deny them the benefits of, or otherwise subject them to discrimination under any program or activity, in violation of Section 504 of the Rehabilitation Act of 1973 and its implementing regulation at 34 C.F.R. § 104.4 and Title II of the Americans with Disabilities Act of 1990 and its implementing regulation at 28 C.F.R. Part 35. In addition, OCR investigated whether the District fails to take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as its communication with others, in violation of 28 C.F.R. § 35.160(a)."

Read: letter of findings and resolution agreement

February 22, 2022, USDOE OCR released the findings of its investigation into whether Fulton County School District "the school district denied [a] Student a free appropriate public education (FAPE), by dismissing him from [Fulton Academy of Virtual Excellence] because it could not implement the Student’s IEP in August 2021, in noncompliance with Section 504 and its implementing regulation at 34 C.F.R. § 104.33, and Title II and its implementing regulation at 28 C.F.R § 35.130."

Read: letter of findings and resolution agreement

October 27, 2021, USDOE OCR released the findings of its investigation into whether Fulton County School District "denied [a] Student a free appropriate public education (FAPE), by failing to implement the Student’s IEP in the fall 2020 and the spring 2021, in violation of Section 504 and its implementing regulation at 34 C.F.R. § 104.33, and Title II and its implementing regulation at 28 C.F.R § 35.130."

Read: letter of findings and resolution agreement